Download Employment Laws Summary, Business Law Exam 4 and more Exams Nursing in PDF only on Docsity!
Employment Laws Summary, Business
Law Exam 4
Age Discrimination in Employment Act (ADEA) Federal statute prohibiting age discrimination against employees 40 and older. Americans with Disabilities Act (ADA) Federal statute requiring accommodations for individuals with disabilities in employment and public services. Antitrust Laws Laws enacted to limit anti-competitive behavior in all industries. Clayton Act Federal statute regulating mergers and prohibiting certain exclusive dealing arrangements. Employment at Will Default employment relationship where either party can terminate the employment without cause. Equal Employment Opportunity Commission (EEOC) Federal agency enforcing laws against employment discrimination.
Equal Pay Act Federal statute prohibiting pay discrimination based on sex for jobs with equal skill, effort, and responsibility. Exclusive Remedy (Workers' Compensation) Sole remedy for injured employees covered by workers' compensation, limiting their right to sue their employer. Fair Labor Standards Act (FLSA) Federal statute prohibiting child labor and setting minimum wage and overtime pay requirements. Family Medical Leave Act (FMLA) Federal statute guaranteeing up to 12 weeks of unpaid leave for family and medical emergencies. Genetic Information Nondiscrimination Act (GINA) Federal statute prohibiting genetic information-based discrimination in employment. Holdover a renter who remains in a property after the expiration of the lease Hostile Work Environment Work environment involving harassment that creates a threatening or humiliating workplace.
Retaliation when an employer punishes an employee for exercising their workplace rights Right to Sue Letter Letter issued by the EEOC authorizing a complainant to sue an employer for employment discrimination. Section 1981 of the Civil Rights Act of 1866 Federal statute prohibiting racial and color discrimination in contracts. Sherman Act Federal statute making certain restraints of trade and monopolistic acts illegal. Tenancy at Sufferance created when a tenant wrongfully holds over past the end of the duration period of the tenancy Tenancy at Will Where no time is specified for the termination of a tenancy Term Employment Employment with a stated time duration.
Tenancy for Years an estate lease agreement that lasts a specific amount of time, with opportunities for renewal at the end of each lease. Tenant a person or entity who temporarily occupies real estate that belongs to a landlord. Title VII of the Civil Rights Act of 1964 Federal statute prohibiting job discrimination based on race, color, religion, sex, and national origin. Uniformed Services Employment and Reemployment Rights Act (USERRA) Federal statute protecting employment rights of military service members. Workers' Compensation Compensation for workers injured on the job. Principal A party who employs another person to act on his or her behalf Agent A party who agrees to act on behalf of another
No Can injured employee sue employer for negligence in causing injury in addition to recovering workers compensation insurance? Exclusive Workers compensation is the _________ remedy against the employer Primary purpose of OSHA Promote safety in the workplace. Empowered to adopt rules and regulations in workplaces. Empowered to inspect workplaces for health and safety hazards. Child Labor Minimum wage Overtime pay FLSA covers three main areas: Supply and demand in the labor market, or the market wage Without government intervention (like minimum wage laws), what determines the price of labor (wages)? Lowers supply for labor. Higher wage floor means employer can't hire as many people How do minimum wage laws affect supply and demand for labor?
Labor shortage What does lower supply for labor create? Workers, especially low income workers or unskilled wokers. Who are minimum wage laws designed to protect/benefit? No. Since employers must meet a certain wage floor, they are also unable to hire relatively high quantities of workers Do minimum wage laws accomplish their goal? Why or why not? YES response: Talk about living wages, cost of living, employee might be exploited because of their lack of market awareness NO response: Discuss how prices (wages) are set by demand. If an employee demands x, employer must meet that demand if they wish to hire them. Furthermore, no minimum wage could create more jobs and increase employment. Should it be legal for people to agree to work for any amount that is agreeable to both the employer and the employee? Why or why not? Executive Administrative Professional What types of employees are exempt from overtime requirements? No
Work rules Employment "decisions" covered by the law include hostile work environment Harassment is discrimination if it creates a undue hardship Title VII requires reasonable accommodations for religious purposes unless they would impose an ____________ on the employer Religious holidays Dress/grooming practices Prayer spaces Examples of reasonable accommodations for religious purposes:
- Costly
- Compromise safety Examples of undue hardship on employer Retaliation Title VII prohibits ______ for opposing discrimination E.E.O.C
Equal Employment Opportunity Commission Right to sue letter Before an individual may sue an employer under Title VII, the EEOC must issue a Race only Section 1981 of the Civil Rights Act of 1866 prohibits discrimination in employment decisions on the basis of
- Intent
- 1981 only prohibits intentional discrimination
- Title VII prohibits both intentional and unintentional discriminations
- Procedure
- 1981 requires NO extensive procedure before legal action, VII does
- Statute of limitations
- VII is 180 days
- 1981 is 4 years
- Damages
- VII has a cap on damages (depending on size of company)
- 1981 has no cap Differences between Title VII and Section 1981
To ensure market competition Purpose of anti trust laws Industry-specific innovation, more choices for consumer What are the benefits of competition in a free market economy? Postal service, utilities , healthcare, education Examples of real world monopolies (be able to name 4) They are either government controlled or government contracted What do most true monopolies have in common? Cruise ships, blue jeans, ice cream Examples of narrowly defined market: Transportation, clothing, pastries Examples of broadly defined market: To identify if a company has more than enough of a "market" share Why does it matter how the "market" is defined?
- Corn and Petroleum - Meal kit services and grocery stores - Digital cameras and smartphones - Streaming services and cable TV Examples of products/services that can serve as substitutes even though they may not seem similar: Collusion (price fixing) Market sharing (geographic) Group boycotts (suppliers striking) Sherman Act of 1890 - 3 things that are illegal under section 1 (restraints on trade): Monopolization Sherman Act of 1890 - Section 2 prohibits Mergers Clayton Act gives the federal government the power to prevent "anti-competitive" __________ We don't want to harm competition. An example of this is collusion. What is the difference between something that is harmful to competitors v. harmful to competition? Years At will At sufferance (holdover) Three types of Tenancies (know the difference)
Supply falls Landlord's don't want to invest in apartments that will not turn profit How does rent control affect supply of housing? Creates a shortage What is the result of the rent control effects on supply and demand? Race Color National Origin Sex Religion Disability Family Status The Fair Housing Act prohibits discrimination in housing based on You can also click on terms or definitions to blur or reveal them Review with an acti
