With Clear Solutions
Disability defined by ADA Correct Answer - A physical or mental
condition that hinders an employee's movement or activities.
"Key Employee" defined by FMLA Correct Answer - a salaried, FMLA-
eligible employee who is among the highest paid 10 percent of all the
employees employed by the employer within 75 miles of the employee's
worksite.
agency Correct Answer - A contract relationship between a principal and
an agent whereby the principal authorizes the agent to work on their behalf
and with power to bind the principal
Appropriation of Image or Likeness Correct Answer - A type of tort in
which an employer uses the name, image, or likeness of an employee for
commercial purposes in a way that is not described in the job description.
Assumption of Risk Correct Answer - A doctrine under which a plaintiff
may not recover for injuries or damage suffered from risks he or she knows of
and has voluntarily assumed.
precedent Correct Answer - an example that may serve as a basis for
imitation or later action
tort Correct Answer - A civil wrong
Vicarious Liability Correct Answer - Indirect liability imposed on a
supervisory party (such as an employer) for the actions of a subordinate (such
as an employee) because of the relationship between the two parties.
Scope of Employment Correct Answer - Employee conduct that is
reasonably relative to a job description.
Frolic and Detour Correct Answer - An employee's physical departure
from the job in order to further his or her own interests and not the
employer's.
, Going and Coming Rule Correct Answer - A legal principle that removes
an employer's liability from employees' actions going to and from their place
of employment.
dual-purpose mission Correct Answer - Occurs when an employee
conducts personal and work business at the same time; subjecting the
employer to liability for the employee's actions
Supremacy Clause Correct Answer - Federal law is supreme over state
law
Authorization cards Correct Answer - Cards signed by employees to
indicate that they want union representation.
bargaining unit Correct Answer - the group of employees the union will
be authorized to represent
Bona Fide Occupational Qualification (BFOQ) Correct Answer - a
necessary (not merely preferred) qualification for performing a job
Breach of Duty (Negligence) Correct Answer - A claim in which an
employer has provided an untrue reference that omits information about an
employee's dangerous and/or criminal behavior
Business Necessity Correct Answer - A defense to allegations of
employment discrimination in which the employer demonstrates that an
employment practice that discriminates against members of a protected class
is related to job performance.
closed-shop union Correct Answer - An illegal requirement that an
employee be a union member
collective bargaining Correct Answer - Negotiations between
representatives of labor unions and management to determine pay and
acceptable working conditions.
Compensatory time Correct Answer - time off from work rather than
money for working overtime