WGU Employment Law C233, Exam Section Coverage. Questions and answers. Verified Accurate.

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WGU Employment Law C233, Exam Section Coverage. Questions and answers. Verified Accurate. Intrusion Upon Seclusion - ✔✔-A type of tort in which an employer intrudes upon an employee's private... information. Age Discrimination in Employment Act (ADEA) - ✔✔-Enacted in 1967, it protects employees who are 40 years of age and older. Fair Labor Standards Act (FLSA) - ✔✔-Enacted in 1938, it protects workers from unfair wages, limits abusive overtime practices, and prevents child labor. Course of Employment - ✔✔-Any action by an employee that furthers an employer's business. National Labor Relations Board - ✔✔-A federal administrative agency that administers the provisions of the NLRA. Federal Whistleblower Statute - ✔✔-Enacted in 1982, it protects contractor employees from employment discrimination or retaliation for reporting company violations of the law. Americans with Disabilities Act (ADA) - ✔✔-Employers 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. Collective Bargaining - ✔✔-The negotiation process between unions and employers. Quota - ✔✔-An official limit on the number or amount of people or things that are allowed. E-Verify - ✔✔-An online tool administered through the U.S. Citizenship and Immigration Services (USCIS) and used by employers to verify the validity of documents presented by new hires. Continual Training Requirement - ✔✔-A mandate that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job. Serious Health Condition - ✔✔-An incapacitating illness, injury, or impairment that requires overnight care or continuing treatment from a health care provider. Sherman Anti-Trust Act - ✔✔-Enacted in 1890, it prevents businesses from combining together to restrain trade and seeking monopoly business power. Vicarious Liability - ✔✔-A form of secondary liability that comes from the doctrine of respondeat superior - "let the master answer for the servant". Worker's Compensation - ✔✔-A form of insurance that provides wage replacement and medical benefits for employees injured while at work in exchange for relinquishment of the right to sue the employer for negligence. Opportunity Wage - ✔✔-An exception to the minimum wage law that applies to employees under twenty years old. Free Riders - ✔✔-An employee who does not belong to a union, but benefits from union representation Unfair Labor Practices Strike - ✔✔-A stoppage of work in order to pressure management to follow the law Public-policy Exception - ✔✔-A rule of exception to the employment at-will doctrine that states that an employer cannot terminate an employee for reasons that violate public policy. Reduction in Force (RIF) - ✔✔-Occurs when a business eliminates one or more positions as part of a strategic business plan to realign operations or reduce cost. Remedies - ✔✔-A desired action resulting from a successful lawsuit. Customer Discriminatory Preference - ✔✔-An unacceptable pretext of discrimination in which an employer uses race as the basis for a business decision in order to please customers. Arbitration - ✔✔-A procedure for resolving collective bargaining impasses by which an arbitrator (third party) choose a solution to the dispute. Conglomerate - ✔✔-A highly diversified firm that has multiple businesses with no relationships. Permissive Bargaining Subject - ✔✔-A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain Four-fifths Rule - ✔✔-The simplest and most common way of estimating adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority. Mandatory Bargaining Subject - ✔✔-A required bargaining subject that involves wages, benefits, hours, and layoff procedures. Reasonable Accommodation - ✔✔-A reasonable change to the work environment that allows a religious individual to perform job functions Federal Injunction - ✔✔-A legal remedy that allows a court to order individuals to refrain from harmful acts Vietnam Era Veteran Readjustment Assistance Act - ✔✔-Passed in 1974, it requires contractors to take affirmative action toward veterans Vesting - ✔✔-The conveying of an employee's rights to benefits or contributions after a certain amount of time. Workweek - ✔✔-Any consecutive seven-day period. Impasse - ✔✔-A deadlock reached by two bargaining parties whereby an issue cannot be resolved. Wildcat Strike - ✔✔-A strike by a portion of workers that is not authorized by the union. Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) - ✔✔-Enacted in 1959, it creates a union member "bill of rights" in order to empower union members and reduce union corruption Undue Hardship - ✔✔-An accommodation to the work environment that places a significant burden or expense on the employer Economic Strike - ✔✔-A stoppage of work based upon a union's frustration that management will not meet its demands for improvements in wages, hours, and benefits Closed Union Shop - ✔✔-An illegal requirement that an employee be a union member Plant Closing - ✔✔-A single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period. Comparable Worth Theory - ✔✔-The notion that men and women should receive equal pay when they perform work that requires comparable skills and responsibilities. ADA Amendments Act - ✔✔-Passed in 2008, it amends the ADA by adding new protections for employees with disabilities Civil Law - ✔✔-Laws that deal with the rights of people rather than with crimes Illegal Bargaining Subject - ✔✔-A bargaining subject that cannot legally be implemented into a collective bargaining agreement Common Law - ✔✔-Principles developed over centuries as a result of legal decisions made by judges in individual cases. Whistleblowing - ✔✔-The action of an employee to report the wrongdoings of an employer Title VII of the Civil Rights Act of 1964 - ✔✔-Protects all races from discrimination Exempted Employee - ✔✔-Employees who are fully or partially free from FLSA provisions Case Law - ✔✔-The law as laid down in the decisions of the courts (distinct from statutes or other sources of law). Conciliation - ✔✔-Process where a third party acts as an intermediary between the parties to a labor dispute, helping them to reach a settlement. Polygraph Testing - ✔✔-A method of testing for an employer to measure an employee's heart, respiratory, and skin reactions while he or she is asked a serious of questions in order to determine if he or she is lying Defamation - ✔✔-Communicating false statements that harm a person's reputation Integrated Enterprise - ✔✔-A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability Reverse Discrimination - ✔✔-Discrimination that occurs when an employer, acting under an affirmative action plan, favors one race or gender in an employment decision. Underutilization - ✔✔-A discrepancy between the number of women and minorities in a particular position and the number of qualified women and minorities in the constituent market. Pregnancy Discrimination Act (PDA) - ✔✔-This Act recognizes pregnancy as a temporary disability and prohibits applicants from being discriminated against in the recruitment process because of pregnancy, childbirth, or related medical conditions (Amendment to Title VII). Race - ✔✔-A local geographic or global human population distinguished as a distinct group by genetically-transmitted physical characteristics Joint Employer - ✔✔-Two entities, not engaged in an integrated enterprise, that each exert control over an employee Business Necessity - ✔✔-A legitimate business purpose that justifies an employment decision as effective and necessary Common Law Agency - ✔✔-A test that classifies a worker as an employee if the employer maintains the right to control the method of work performed Federal Anti-trust Law - ✔✔-A law that prevents anti-competitive behavior within local commerce Escalator Principle - ✔✔-A provision of USERRA that requires an employer to place a returning veteran in positions that he or she may have attained, absent the military leave Statute of Frauds - ✔✔-A doctrine that requires certain contracts to be in writing. Voluntary Affirmative Action Plan - ✔✔-A plan put into place by an employer whose self-analysis reveals effects of past discriminatory action Punitive Damages - ✔✔-Monetary damages designed to punish an employer who acted maliciously or recklessly Age Discrimination - ✔✔-Treating an applicant or employee less favorably because of his or her age Common Law Criminal Conspiracy - ✔✔-A combination of two or more individuals planning to accomplish an unlawful purpose. Appropriation of Image or Likeness - ✔✔-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 Concerted Activity - ✔✔-Any effort by employees to join together to seek improvement in working conditions Occupational Safety and Health Act (OSHA) - ✔✔-Enacted in 1970, it governs safety in all businesses and created the Department of Labor and the Occupational Safety and Health Administration Reinstatement - ✔✔-A remedy in which a former employee returns to his or her job Intelligence Tests - ✔✔-Standardized assessments designed to assess human ability to learn or understand or to deal with new or trying situations Steering Assignments - ✔✔-A type of race discrimination in which an employer hires a minority and assigns him or her to a less-desirable position Employee Polygraph Protection Act - ✔✔-Enacted in 1988, it prevents employers from using polygraph tests for recruiting or retention purposes Immigration Reform and Control Act of 1986 (IRCA) - ✔✔-Enacted in 1986, it prohibits employers from knowingly hiring undocumented workers and requires them to verify eligible workers within three business days of hiring Employment-at-will Doctrine - ✔✔-The predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability Abuse of Discretion - ✔✔-An employer's failure to consider important and relevant facts; acting in an arbitrary or capricious manner Hostile Work Environment - ✔✔-As de [Show More]

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