Shared Flashcard Set

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BUL
Chapter 42
25
Business
Undergraduate 3
12/09/2012

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Term
National Labor Relations Act
Definition
a 1935 United States federal law that protects the rights of employees in the private sector to engage in concerted activity. This may include creating labor unions (also known as trade unions), discussing organizing and workplace issues among coworkers, engaging in collective bargaining, and taking part in strikes
Term
Right to Unionize
Definition
establishes a Federally protected right of employees to unionize and to bargain collectively.
Term
Prohibits Unfair Employer Practices
Definition
the Act identifies five unfair labor practices by an employer.
Term
National Labor Relations Board
Definition
created to administer these rights by rules and enforcement.
Term
Labor-Management Relations Act
Definition
a federal law that restricts the activities and power of labor unions.
Term
Labor-Management Relations Act
Definition
This Prohibits Unfair Union Practices – identifies 7 unfair labor practices by unions
Term
Labor-Management Relations Act
Definition
1.Prohibits Unfair Union Practices
2.Prohibits “Closed Shops”
3.Allows “Union Shops”
4.Right-to-work states
Term
Wage & Hour Law
Definition
Fair Labor Standards Act
Establishes federal minimum wage for most industries; Establishes child labor limitations
Term
Family and Medical Leave Act of 1993
Definition
grants employees leave for serious health conditions of the worker or family member, or for family leave (birth or adoption).
Term
Employment Discrimination Law
*Title VII, Civil Rights Act of 1964
Definition
prohibits employment discrimination on the basis of race, color, gender (inc. pregnancy), religion, or national origin, in “terms and conditions of employment”; includes hiring, firing, promotion, compensation among others
Term
Employment Discrimination Law:
*Age Discrimination in Employment Act of 1967
Definition
prohibits discrimination on the basis of age in hiring, firing, or compensating; does not apply when favoring an older employee over a younger one.
Term
Employment Discrimination Law: *Americans with Disabilities Act
Definition
- prohibits discrimination on account of disability, and requires accommodation in some case
Term
3 laws of the 1964 Civil Rights Act
Definition
1. Discrimination
2. Harrasment
3. Sexual Harrassment
Term
*Discrimination
Civil Rights Act of 1964
Definition
– is prohibited; includes *(1) ¬intentionally treating people in protected classes less favorably (disparate treatment)
(2)¬ engaging in nondiscriminatory conduct that perpetuates past discrimination, and
*(3)¬ using neutral policies that have a disparate impact (non-intentional discrimination)
Term
Harrassment
Definition
a form of discrimination in which individuals are mistreated because of some protected characteristic; generally must be severe to create liability
Term
Sexual Harrassment; Civil Rights Act 1964
Definition
an illegal form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Term
Equal Act
Definition
prohibits an employer from discriminating between employees on the basis of gender by paying unequal wages for equivalent work.
Term
Equal Pay Act
Definition
*There are 4 defenses to this act, including seniority systems; merit systems; productivity systems; or factors other than sex.
Term
EPA Under Common Law
Definition
a “contract” of employment for other than a definite term is terminable at will by either party.
Term
Worker's Comp (EPA)
Definition
awarded to an employee injured in the course of employment.
Term
*Unemployment Compensation (EPA)
Definition
awarded to workers who have lost their jobs and cannot find other employment .
Term
US v Martha Stewart
Definition
Martha was convicted of obstruction of justice, arising out of an investigation for insider trading under the Securities Exchange Act
Term
US v Microsoft
Definition
civil prosecution under Section 2 of the Sherman Antitrust Act, Microsoft found liable for monopolizing activity with regard to computer software
Term
Apple Computers v. Microsoft
Definition
Microsoft was found not to have violated Apple’s copyrights because it had a license to use the fundamental information in them – the important thing to know about this case is that it confirmed that computer programs, including their visual display, could be copyrighted
Term
Meritor Savings Bank v. Vinson
Definition
severe or pervasive sexual harassment violates laws against sex discrimination
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