Business Law Exam Study Guide

Topics: U.S. Securities and Exchange Commission, Securities regulation in the United States, Securities Exchange Act of 1934 Pages: 19 (5283 words) Published: April 28, 2013

1.Employment and Labor Regulations - Major Labor Relations Acts, Norris-La Guardia Act, Injunctions Prohibited, “yellow-dog” contracts. C.16,
p.481 Employees agree not to join a union or risk being fired if they do.

2.Employment and Labor Regulations - Major Labor Relations Acts, The Landrum-Griffin Act of 1959, what does the Landrum-Griffin Act provide to protect union members? C.16,
p.482 Act intended to assure that union members are protected from improper actions by union leaders.

3.Employment and Labor Regulations - Agency Shops, Political Action, facts and holding in Beck case. C.16, p.487 The supreme court found that 79% of the agency fees paid by Beck employees represented by a union went to political action. The court ordered the union to cut its agency fees, refund the excess fees collected from nonunion workers, and keep clear records about union expenditures by category. BNK:Chapter 16—(Multiple Choice 2) Employment and Labor Regulations

4.Employment and Labor Regulations - Collective Bargaining, Mandatory Subjects of Bargaining, what are they? p.489 Pay rate, insurance plans, holidays, overtime pay, vacations, retirement plans, work hours, individual merit raises, breaks and lunch periods, safety practices, seniority rights, discipline procedures, termination procedures, recall rights, union dues collection, grievance procedures, arbitration procedures, no-strike clauses, and drug testing.

5.Employment Discrimination - Bringing a Charge of Discrimination, Steps in the Process, what are the steps in a discrimination claim filed with EEOC? Study text and Exhibit 17.1. C.17, p.506-07

- Member of protected class believes discrimination in employment has occurred
- Files a complaint with EEOC federal or state office
- EEOC investigates complaint for merit, and may help negotiate a resolution
- Issues:
- Right-to-sue letter to complainant (OR)
- refuses to issue letter to sue finding no reasonable cause (OR)
- EEOC uses employer for discriminatory practices.

6.Employment Discrimination - Forms of Discrimination, Disparate Treatment, Plaintiff Must Establish a Prima Facie Case, what are the 4 steps of the McDonnell-Douglas test a plaintiff must provide to prove a prima facie case of discrimination in a disparate treatment case for the case to go forward? Study text and See Exhibit 17.2 (1st Block lists the 4 steps). C.17, pp. 507-11

- Belongs to protected class
- Met job qualifications
- Was subject to an adverse employment action
- The action gave rise to an inference of discrimination

7.Employment Discrimination - Title VII of the 1964 Civil Rights Act, Protected Classes, Sex, distinguish between “quid pro quo” harassment and hostile environment harassment, C.17, pp. 499-505, especially p.503

- “quid pro quo” harassment: “this for that,” where there is a promise of reward such as promotion or pay raise for providing sexual favors, or there is a threat of punishment for not going along with sexual requests.

- hostile environment harassment: created at work by others and can exist because of race or some other characteristic. Abusive work environment is created by words or acts related to a person’s sex.

8.Employment Discrimination - Sexual Harassment, facts and holding in Harris v. Forklift Systems, See, also, Forms of Discrimination where the Harris case is discussed again in the text. C.17, pp. 502-04 & 507-08

- Harris a female rental manager worked for Forklift Systems. Her boss was constantly giving sexual slurs and suggestions. Harris quit and sued, claiming her boss created a hostile work environment. District and appeals court ruled against her. She appealed. The Supreme Court reversed the judgment and remand the case for further proceedings

9.Employment Discrimination - Disability Discrimination, Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 understand what...
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