Legislation and cases

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1884 payne v the western & atlantic railroad co.: defined employment at will
1869 bureau of labor statistics: studies industrial accidents and maintain accident records
1890 sherman anti-trust act: controlled business monopolies allowed court injunctions to prevent restraint of trade
1914 clayton act: limited use of injunctions to break strikes; exempted unions from sherman anti-trust act
1916 federal employees compensation act: provided benefits similar to worker compensation for federal employees injured on the job
1926 railway labor act: protected unionization rights; allowed 90-day cooling off period to prevent strikes in national emergencies.
covers railroads and unions
1927 longshore and harbor worker's compensation act: provided worker's compensation for maritime workers injured on navigable us waters, piers, docks and terminals
1932 Norris-laguardia act: prootected rigt to organized; outlawed yellow dog contracts- contracts used to prevent employes from joining unions
1935 National labor relations act (wagner act): -protected right of workers to organize and bargain collectively
-id'd unfair labor practices
-established the NLRB
1935 Federal insurance contributions act / social security act: required employers and employees to pay social security taxes
1936 federal unemployment tax act: required employers to contribute a percentage of payroll to an unemplomeny insurance fund
1936 public contracts act (walsh-healey act): required contractors to pay prevailing wage rates
1938 fair labor standards act: -defined exempt and nonexempt employees
-set min wage
-set 1.5 pay for non-exempt overtime
-limited hours and type of work for children
-required record-keeping
1947 labor management relations act (taft-hartley): -prohibited closed shops which required everyone to be a member of the union
-restricted union shops;which state must join union within a period no less than 30 days
-allowed states to pass right to work laws
-prohibited jurisdictional strikes and secondary boycotts
-allowed employers to permanently replace economic strikers
-established federal mediation conciliation serivce 80-day cooling off period for national emergency strikes
1947 portal-to-portal act: clarified definition of hours worked for flsa
1952 patent act: established us patent and trademark office
1959 labor management reporting and disclosure act (landrum-griffin): -controlled internal union operations
-provided bill of rights for union members
-allowed members to sue union
-set term limit for union leaders
1963 equal pay act: required that employees that performed substantially similar or identical work be paid the same wage or salary rate
1964 title 7 of the civil rights act of 1964: -established the eeoc
-prohibited discrimination based on rae,creed,sex, color, or national origin
1965 EO (executive order) 11246: -prohibited discrimination based on race, creed, color, class, origin
-required affirmative steps for all terms and conditions of employment
-required a written aap for 50+ employees
1965 immigration and nationality act: -eliminated national origin race and ancestry as bars to immigration
-set immigration goals for reunifying families and preference for specialized skills
1965 service contract act: required gov contractors to pay prevailing wages and benefits
1967 age discrimination in employment act: prohibited discrimination against 40+ age
-established conditions for BFOQ (bona-fide ocupational qualifications) exceptions
1967 EO 11375: added sex to protected classes in EO 11246
1968 consumer credit protection act: limited garnished amounts on wages
-prohibited discharge of employees for single garnishment
1969 EO 11478: included disabled individuales and those 40+ in protected classes
1969 black lung benefits act: provided benefits for coal miners sufering from pneumoconiosis due to mine work
1970 Occupational safety and health act: -required employers to provide a safe workplace and comply with standards
-established OSHA to enforce regulations
-established NIOSH to reasearch, evaluate , and recommend hazard reduction measures
1970 fair credit reporting act: required employers to notify candidates that credit reports may be obtained
-required written authorization by the candidate and that the employer provide a copy of the report before taking adverse action
1971 griggs vs duke power: -required employers to show that job requirements are related to the job
-established lack of intention to discriminate is not a defense against discrimination
1972 equal employment opportunity act: -complainants must have burden of proof for disparate impact
-gave litigation authority to eeoc
-extended time to file complaints
1973 rehabilitation act: expanded oportunities for people with mental or physical disabilities and provided remedies for victims of discrimination
1974 privacy act: prohibited federal agencies from sharing information collected about individuals
1974 vietname era veterans readjustment asistance act: provided equal opportunity and affirmativ action for vietnam veterans
1974 employee retirement income security act: -established requirements for pension, retirementm and welfare benefit plans including medical, hospital, ad&d and unemployment benefit plans
1975 albemarle paper vs. moody: -required that employment tests be validated
-subjective supervisor rankings are not suficient validation
-criteria must be tied to job requirements
1975 NLRB vs J Weingarten, inc: union employees can request union representation during any investigatory interview that could result in disciplinary action
1976 Washington v Davis: Established that employment selection tools that adversely impact protected classes are lawful if they hae been validated to show future success on the job
1977 mine health and safety act: -established mandatory mine safety and health standards
-created MSHA
1977 automobile workers vs, johnson controls: decision about welfare of children must be made by parents and not employers
1978 uniform guideling on employee selction procedures: established guidelines to ensure that selection procedures are both job related and valid predictors of job success
1978 pregnancy discrimination act: required that pregnancy be treated the same as any other short-term disability
1978 civil service reform act: -created senior executive service, merit sysstems protection board, office of personnel management and the federal labor relations authority
1978 revenue act: established section 125 and 401(k) plans for employees
1979 EO 12138: Created national women's business eterprise policy
-required affirmative steps to promote and support women's business enterprises
1980 guidelines on sexul harassment: assisted employees to develop antiharass policies
-established complaint procedures
-investigate complaints promptly and impratially
1984 retirement equity act: lowered age limits on participation and vesting in pension benefits
-required written spousal consent to not provide survivor benefits
1986 consolidated omnibus budget reconciliation act: provided continuation of group health coverage upon a qualifying event
1986 tax reform act: reduced income tax rates and brackets
1986 immigration reform and control act: prohibited employment of individuals who are not authorized to work in the us
-required i-9's for all employees
1988 drug-free workplace act: required federal contractors to develop and implement drug-free workplace policies
1988 employee polygraph protection act: prohibite use of lie detector tests except under limited circumstances
1988 worker readjustment and retraining notification act: required 60 days notice for mass layoffs or plant closings
-defined those terms
-id'd exceptions
1990 americans with disabilities act: required reasonable accomodation for qualified individuals with disabilities
1990 older worker benefit protection act: ammended adea to prevent discrimination in benefits to wrokers over 40
1990 immigration act: required prevailing wage for holdes of H1(b) visas and set H1(b)quotas
1991 civil rights act: -allowed compensatory and punitive damages
-provided for jury trials
-established defenses to disparate impact claims
1991 glass ceiling act: commision to determine existence of glass ceiling and barriers for women and minorities
eeoc now conducts auidt on the presence of women and minorities at all corporate levels
1992 unemployment copensation amendments: reduced rollover rules for lump sum distribution of qualified retirement plans; required 20% witholding for some distributions
1992 national energy efficiency act of 1992: set max transit subsidy at $60/month for employees
limited tax-free paarking benefits to $155/month
1993 family and medical leave act: -required qualifying employers to provide 12 wks unpaid leave to elegible employees for the birth or adoption of a child or to provide cae for relatives with serious health conditions; or to employees unable to perform job duties due to a serious health condition
1993 taxman v board of education piscataway: found that in the absence of past discrimination or underrepresentation of protected classes preference may not be given to protected classes in making layoff decisions
1993 harris v forklift systems: defined actionable hostile work environment as that which goes beyon offensive and results in tangible psychological injury
1993 omnibus budget reconciliation act: revise rules for employee benefits
-max deduction for executive pay at $1million
mandated some benefits for medical plans
1994 uniformed services employment and reemployment rights act: protect the right to reemployment and benefit rights of reservists called to duty
1995 congressional accountability act: required all federal employment regulations to apply to congressional employees
1996 illegal immigration reform and immigrant responsibility act: reduced numbers and types of documents to prove identity
1996 mental health parity act: required insurers to provide the same limits to mental health as provided to physical benefits
1996 health insurance portability and accountability act: -prohibited discrimiation based on health status
-limited heath insurance restrictions for pre-existing conditions
-required a certificate of group health plan coverage upon plan termination
1996 personal responsibility and work opportunity reconciliation act of 1996: required employers to provide info about all new or rehired employees to state agencies to enforce child support orders
1996 small business job protection act: -redefined highly compensated individuals
-detailed min partticipation requirements
-simplified 401(k) tests
-coorected qualified plan and disclosure requirements
1996 small business regulatory enforcemen fairness act: provided that an sba ombudsman act as an advocate for small business owners in the regulatory process
1998 EO 13087: expended coverage of protected classes to include sexual orientation
1998 burlington industries vs Ellerth: -employers have vicarious liability for employees victimized by supervisor with immediate or higher authority over them who create a hostile work env.
1998 fragher v city of boca raton: established that employers are responsible for employees actions and have responsibility to control them
1998 oncale v sundowner offshore sevices: extended def of sexual harassment to include same sex
2000 epilepsy foundation of northeast ohio: NLRB estended weingarten rights to nonunion employees by allowing employees request a coworker be present during an investigatory interview that could result in disciplinary action
2000 mb sturgis: temporary employees may be included in client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly
2000 needlestick safety and prevention act: mndated reord keeping for all needlesticks and sharps injuries; required employee involvement in developing safer devices
2000 energy employees occupational illness compensation program act: provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
2000 EO 13152: added status as parent to protected classes
2002 sarbanes oxley act: see other card with info
1968 rosenfeld v southern pacific: determined california labor code as discriminatory
extended hours a woman could work ad weight limit
1969 weeks v soutern bell telephone co: removed georgia's weight liimit and sex not a bfoq
1973 mcdonnell douglas corp v green: established guidelins for a prima facia case in discrimination
1. complainant establishes case by showing
-belongs to racial minority
-applied and was qualified for a job seekign apllicants
-rejected despite qualifications
-after rejection position remained open
1978 regents of CA v Bakke: acknowledged need to consider race but determined it should not be done through quota and leave non-minority applicants with better scores out
1979 united steelworkers v weber: aap had ben negotiated
and permissible because it was used to eliminate racial imbalance
1981 texas dept community affairs v burdine: ruled that employers aren't require to prove the nondiscriminator reasons for an employment actions but are requiresto explain their nondiscriminatoryreasons for the action
1987 Johnson v santa clara county: if there is a moderate flexible cases by case approach in AAP which is flexible and temporary; designed only to correct workforce imbalance then placing a less qualified member of a protected class is valid and not discriminatory
1987 school board of nassau v arline: -person with a contagious disease could be considered as handicapped
-posing serious health threat does noe exclude them from coverage of act
-the decision of whether someone poses a serious health threat to others should be left to public health officials
handicapped individual: has a physical or mental impairment which subtantially limits life activities, has a history of oris regarded as having such impairment
1989 martin v wilks: where there has been a consent decree after suit, a following suit for reverse discrimination is entitled to challenge validity of consent decree
1992 electromation v nlrb: not all employee participation committees are employer-dominated organizations and can serve a useful purpose of they are not
-paying employees who participate in commites at work does not violate the nlra
-these specific committes were unlawful because they were employer dominated
-management could veto decisions
-management could choose commitee and number of memebers
-management organized and esablished goals
1993 EI Dupont v nlrb: -can't use commitees to circumvent union
Conditions set by NLRA for labor org to exist: 1. employees participate in org
2. a function fo the org is dealing with employer
3. the function of the org is concerned with some form of "conditions of work"
1993 St. Mary's Honor center v hicks: need to prove that nondiscriminatory reasons given for employment actions were racially motivated and not based on some other lawful motivation like personal dislike
1995 McKennon v Nashville Banner Publishing: ruled that after-acquired evidence of employee misconduct that would have resulted in termination does not relieve the employer from liability in discharging the employee for an unlawful, discriminatory reason
2001 circuit city stores v adams: ruled that mandatory arpitration agreements in employment are enforcable inder the FAA (federal arbitration act of 1925) except for transportation workers, who are exempted from FAA
employer rights and responabilities: -right to structure organizations cost-effectively
-right to determine how to run org.
responsibilities:
-provide safe working conditions
-pay wages for work done
-reimburse employees for expenses incurred in behalf of employer

-coverd by both common law & statutory req.

-in absence of contract common law applies

-disagreements; breach of contract or tort
tort: civil action based on duty r obligation that has been breached by one party, causing an injury to the other
common law doctrine: result of legal decisions made by judges in individual cases
most common:
*employment-at-will
*constructive discharge
*defamation
employment-at-will: defined by payne v the western atlantic road co.
-allowed employers to change employment conditions and allowed employees to leave at any time with or without notice

eroded by exceptions like:
-public policy exceptions
-good faith and fair dealing
-promissory estoppel
-fraudulent misrepresentation
payne v the western atlantic road co.: either party may terminate the service for any cause, good or bad, or without cause and the other can't complain in law
contract exceptions to employment at will: aborgated by contract, expressed or implied
express contract: written or verbal agreement in which the part states exactly what they agree to do
implied contract: created by an employer's conduct
e.g. consistent application of progressive discipline policy implies that won't be terminated without going throgh this process
-disclaimer can offset this
statutory exceptions to at-will: at-will may not be used for discriminatory reasons
public policy exceptions to at-will: established by petermann v international brotherhood of teamsters
can't terminate for acting in accordance to public policy

originated in CA and adopted by most states, not all

applied to 4 gen areas; can't terminate for:

1. refusing to break law on behalf of employer

2. whistle-blowing, report illegal acts of employers

3. participate in activities coverd by public policy lik investigation of employer wrong-doing

4. acting in accordance to legal statute like jury duty of worker's compensation claim
petermann v international brotherhood of teamsters: can't terminate for refusing to commit perjury, it is contrary to public policy
duty of good faith and fair dealing: obligation to act in fair and honest manner to each other to ensure contract benefits
varies by state
promissory estoppel: happens when employer entices employee or prospective employeee to take action by promising a reward
if action completed, then there must be reward
e.g. promise job to a candidate if resigns position but then change their minds
must follow through or pay damages
fraudulent misrepresentation: promises or claims made by employers to entice joining
e.g. tell that will expand when they're planning on closing
constructive discharge: when employer makes workplace so hostile and inhospitable that an employee resigns

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Number of cards 113