Employment Law - C233 Exam Questions with 100% Correct Answers

Employment Law - C233 Exam Questions with 100% Correct Answers 20-factor Analysis - answerA guide adopted by the Internal Revenue Service for determining if a worker should be classified as an independent contractor. ADA Amendments Act - answerPassed in 2008, it amends the ADA by adding new protections for employees with disabilities. Age Discrimination in Employment Act (ADEA) - answerEnacted in 1967, it protects employees who are 40 years of age and older. ADEA Waivers - answerA statement from a retiring employee that he or she will not make a personal ADEA claim against the employer in exchange for retirement incentives. Abuse of Discretion - answerAn employer's failure to consider important and relevant facts; acting in an arbitrary or capricious manner. Agency - answerA contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with power to bind the principal. Americans with Disabilities Act (ADA) - answerEmployers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting, testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship;" and equal opportunity in promotion and benefits. Anti-female Animus - answerAn environment of animosity toward women. Appropriation of Image or Likeness - answerA 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. Arbitration - answerA procedure for resolving collective bargaining impasses by which an arbitrator (third party) choose a solution to the dispute. the use of an arbitrator to settle a dispute. Impasses - answera situation in which no progress is possible, especially because of disagreement; a deadend. Assumption of the Risk - answerAn employer defense that states an employee knows and accepts the risk of potential injury in a certain position. Bona Fide Occupational Qualification (BFOQ) - answer(Bona Fide Occupational Qualification) Job requirement that an employee be a particular religion, sex, or national origin that is reasonably necessary to business operations. For instance, it is assumed that an opening for a Baptist minister at a local Baptist church would be filled by a minister who is actually a person who celebrates the Baptist religion and not, say, the Episcopal religion. Case Law - answerThe law as laid down in the decisions of the courts (distinct from statutes or other sources of law). Civil Law - answerLaws that deal with the rights of people rather than with crimes. Civil Rights Act of 1964 (Title VII) - answermakes it unlawful to discriminate against someone on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity) or religion. Clayton Act - answerEnacted in 1914, it prohibits the elimination of unions. Closed Union Shop - answerAn illegal requirement that an employee be a union member. (Taft-Hartley) The Labor Management Relations Act of 1947 (The Taft-Hartley Act) - answerEnacted in 1947, it curbs union overreaching by protecting employee rights and prohibiting wildcat strikes. Amended the NLRA to protect a worker's right not to engage in concerted activity and outlined the unfair labor practices in which a union could engage. Wildcat strike - answerStrike action undertaken by unionised workers without union leadership's authorisation, support, or approval; this is sometimes termed an unofficial industrial action. Color - answerSkin pigmentation characteristic of race, especially other than White. Common Law - answerPrinciples developed over centuries as a result of legal decisions made by judges in individual cases. Body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. Common Law Agency - answerA test that classifies a worker as an employee if the employer maintains the right to control the method of work performed. For example, a worker classified as an independent contractor, but who must conform to strict standards of work hours, grooming, dress, billing processes, reporting procedures, and so on, is really an employee. Common Law Criminal Conspiracy - answerA combination of two or more individuals planning to accomplish an unlawful purpose. Businesses claimed that workers organizing together to influence wages, prices, and trade was unlawful and, therefore, organizers were guilty of conspiracy. (anti-union efforts) Community of Interests - answerA community of people who align themselves with a common interest. Unions form when workers with a community of interests align themselves to resolve similar workplace concerns. Comparable Worth Theory - answerThe notion that men and women should receive equal pay when they perform work that requires comparable skills and responsibilities. Comparative Evidence - answerEvidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic (such as race) Compensatory Time - answerAn option for public employers to allow time off for employees instead of payment. Concerted Activity - answerAny effort by employees to join together to seek improvement in working conditions. Conciliation - answerProcess where a third party acts as an intermediary between the parties to a labor dispute, helping them to reach a settlement. Conglomerate - answerA highly diversified firm that has multiple businesses with no relationships.