Section 1
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Independent Contractor - Permanency of relationship factor
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Cards (217)
Section 1
(50 cards)
Independent Contractor - Permanency of relationship factor
EE or IC: Lack of permanent or indefinite relationship resulting from own independent business initiative
Purposed of the Fair Labor Standards Act (FLSA)
• Establish minimum wage • Eliminate detrimental working conditions • Protect educational opportunities of youth
The National Labor Relations Board
Neither federal nor DOL have jurisdiction in matters concerning the ...?
Employee - Opportunities for profit/loss factor
EE or IC: No opportunity for increased profit/loss depending on worker's managerial skill
National Labor Relations Act Provisions
Guaranteed the right and established a process that employees can use to select or reject third-party representation Established rules for "bargaining in good faith" Controls against "unfair labor practices"
Electromation Inc. (1992) and Keeler Brass Automotive (1995)
Two cases that resulted in formal decisions from the NLRB affecting compensation and employee participation
NRLB Rulings
ability to pay interference with concerted activity social media
"ability to pay"
The National Labor Relations Board made the ruling requiring full disclosure regarding ...
Antitrust safety zone - Pay information can be shared without substantial threat of challenge when ...?
Survey is managed by a third party Data provided is more than three months old There are at least five providers reporting data and no individual's data represents more than 25% (on a weighted basis) of any statistic
Independent Contractor - Nature/degree of control factor
EE or IC: Meaningful control over aspects of work such that it is possible to view as conducting own business
Economic Realities Factors Guide
Guide the DOL uses to determine whether a worker is an independent contractor or employee
Pay discussions and Social media
The National Labor Relations Board made a ruling prohibiting the interference with concerted activity on ...
Employee - Permanency of relationship factor
EE or IC: Continuing relationship between worker and company
Employee - Special business skills and initiative factor
EE or IC: No independent judgments beyond own work
Independent Contractor - Special business skills and initiative factor
EE or IC: Business skills, judgment and initiative (not necessarily technical skills) used in an independent way
Employers covered by FLSA
Employers in interstate or foreign commerce (expanded to include 90% of American labor force)
Covered by the National Labor Relations Act
All employers involved in interstate commerce (except airlines, railroads, agriculture and government)
Provisions of FLSA
• Minimum wage • exempt/nonexempt (employment categories) • Hours of work • Rate of pay (OT & bank hours) • Worker Economic Opportunity Act • Child labor restrictions • Record-keeping requirements • Violations and penalties
Purpose of the Sherman Antitrust Act
Preserve a competitive business environment (remove monopolies)
price fixing
the practice of colluding with other firms to control prices/wages paid through open disclosure of salary information
Acts that fall under Wage & Hour Regulations
• National Labor Relations Act (NLRA) • Fair Labor Standards Act (FLSA) • Davis-Bacon Act • McNamara-O'Hara Service Contract Act • Sherman Antitrust Act • State labor law
Employee - Nature/degree of control factor
EE or IC: Subject to the control of the company's significant instructions
Two compensation cases where "price fixing" wages was the contention
Boston Survey Group and Nurses groups in Utah and Connecticut
Passing of Davis-Bacon Act
1931 act that started the federal labor law
Provisions of Davis-Bacon Act and McNamara-O'Hara Service Contract Act
Provisions Requires pay scales to be based on "prevailing wages"
Independent Contractor - Relative investment factor
EE or IC: Significant investment in facilities and/or equipment used to provide services
National Labor Relations Board (NLRB)
Enforcing agency of National Labor Relations Act
Covered by the Davis-Bacon Act
Companies with government construction contracts in excess of $2,000
Independent Contractor - Integration factor
EE or IC: Work performed is not necessarily integral to the success or continuation of business
Covered by the McNamara-O'Hara Service Contract Act
Companies with government services contract(s) in excess of $2,500
Acts enforced by the U.S. Department of Labor
• Davis-Bacon Act • McNamara-O'Hara Service Contract Act • Sherman Antitrust Act • Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
1917
Date the Supreme Court upheld a state's right to set work hours and overtime requirements
Employee - Integration factor
EE or IC: Work performed is an integral part of the employer's business
Purpose of the Davis-Bacon
Act to protect unionized contractors from competition by nonunionized contractors paying lower wages
1941
Date the Supreme Court upheld the constitutionality of prior decisions and the Fair Labor Standards Act (FLSA)
• Integration • Opportunities for profit/loss • Relative investment • Special business skills and initiatives • Permanency of relationship • Nature/degree of control
Factor examples used by the IRS to determine independent contractor status
Employers covered by Sherman Antitrust Act
All employers involved in interstate commerce
The National Labor Relations Act
States are prohibited from regulating the rights and obligations established by ...?
concerted activity
Any legitimate action taken by employees to further their common but not individual interests, such as wages, hours, and working conditions
Purpose of National Labor Relations Act (NLRA)
Establish a more equitable environment for labor/management dispute resolution (collective bargaining)
1938
Date states were establishing significant labor laws
Purpose of McNamara-O'Hara Service Contract
Improve working conditions and pay for employees of government services contractors
Independent Contractor - Opportunities for profit/loss factor
EE or IC: Individual profit or loss may be realized by exercising managerial skill
Independent contractors
Workers that are not subject to Fair Labor Standards Act provisions and are not eligible for health benefits or other fixed costs incurred by an organization are considered ...
Employee - Relative investment factor
EE or IC: Little or no investment in facilities and/or equipment used to provide services
1937
Date the Supreme Court upheld a state's right to set minimum wages
Provisions of Sherman Antitrust Act
Ensure competitive wage levels through the elimination of anti-competitive price fixing
Federal Trade Commission (FTC) and Department of Justice (DOJ)
Two agencies that established "safe harbor" statements under which pay information can be shared without substantial threat of challenge
Acts that fall under Discrimination Regulations
• Equal pay Act (EPA) • Title VII • Americans with Disabilities (ADA and ADAAA) • Age Discrimination in Employment Act (ADEA) • Family and Medical Leave Act (FMLA) • Lilly Ledbetter Fair Pay Act • Genetic Information Nondiscrimination Act • Uniformed Service Employment and Reemployment Act
20-factor test
Test used by the IRS to determine independent contractor status
Section 2
(50 cards)
30 or more minutes
Time (minutes) in which bona fide meal periods are not hours worked
Executive Standard Test criteria
• Primary duty: management • Other duties: direct 2 or more FTEs, hire/fire authority •Must be paid on salary basis at the established minimum salary level
Computer employees (I.e., computer systems analysts, programmers, software engineers, etc.)
Special professional exemption
Exempt Employee Categories that must pass both the primary duties and salary requirement criteria
• Executives (officers, managers, supervisors) • Administrative • Professionals (learned, creative) • Computer • Outside sales (excluded from salary requirement test)
$29.40
Calculate additional overtime due IF paid non-discretionary bonus Hourly rate $15.00 Hours worked 625 regular and 105 overtime Non-discretionary bonus $350
Safe Harbor
Exemption will not be lost even when improper deductions are made if employer 1. has clearly communicated policy 2. reimburses employees for any improper deductions 3. makes a good faith commitment to comply in the future
$380
Salary Level Test amount per week established in American Samoa by the DOL
Method to calculate total rate of pay
reg rate x all hrs wrkd + shift x all hrs wrkd + piece rate x units = regular earnings total / all hrs wrkd = adj hrly rate ot hrs x (adj hrly rate x .5) = ot earnings reg earnings + ot earnings = total pay
Administrative Standard Test criteria
Primary duty: perform office/nonmanual work related to management or general business Other duties: discretion and independent judgment, action has matters of significance Must be paid on salary basis at the established minimum salary level
Computer employees qualifying primary duties
• Determine specifications • Design computer systems or programs • Design or modify machine operating systems • Any combination of duties
The qualifying wage for the special professional exemption states
The regular rate of payment must exceed 6.5 times federal minimum wage at the time the amendment was enacted
Bright-line exemption/highly compensated employee
Employee earning minimum $100,000/year, performs non-manual work and at least one exempt duty
• Required by the employer • Nonattendance would adversely affect employment
Attendance to lectures, meetings and training programs are considered work time when ...
Provisions of the Worker Economic Opportunity Act
Terms of plans must be communicated to employees EEs given option not to participate EEs must hold options for atleast 6 mos Stock plans must be tax qualified
Nonexempt employees
All hours worked must be paid to ...
Objectives of Child Labor Rules
• Protect education, health, well-being • Adult worker priority
Child Labor Rules restrict ...
• Age • Hours of work • Types of employers • Types of jobs
Compensatory time off ("comp time")
Rather than pay for the time in the week worked, state and local governments can substitute ...
Nonexempt Employee Categories
• Paraprofessionals • Technicians • Office clerical • Skilled trades • Semiskilled • Unskilled
Payments included in regular rate of pay for overtime calculations
• Base rate • Shift premium • Piece rate • Other regular "pay" allowances • Non-discretionary bonuses • Commissions
Home to work
Travel time not considered hours worked and are not compensable
5-20 minutes
Time (minutes) in which rest periods are counted as hours worked
Outside Sales Test criteria
• Primary duty: selling or obtaining orders away from employer's place of business • Minimum salary: none
Exemption Tests
Executive Administrative Professional (Learned or Creative) Computer Outside sales
DOL - Wage and Hour Division
Enforcing agency of the FLSA and Worker Economic Opportunity Act
Purpose of Worker Economic Opportunity Act
Allows ERs to exclude stock option plans/stock income from overtime calculations
Pay factors included in total annual compensation for highly compensated employees
• Base salary • Commissions • Non-discretionary bonus • Other non-discretionary compensation
Results from making improper deductions - Salary Basis test
Loss of the salary exemption: • During time period in which improper deductions were made • For employees in the same job classifications • For employees working for the same manager(s) responsible (possibly same geographic region)
Coverage of the Worker Economic Opportunity Act
same ERs under FLSA are covered in this act
Child Labor Rules age restrictions for 14 to 15 year olds
Restricts certain nonhazardous jobs in certain places
Remedial Education Exemption
1989 amendment to increase minimum wage Limited to certain employees who lack a high-school diploma, and have reading skills below 8th grade Requirements - Basic skills, high school diploma, or GED - Specific time periods and place - Up to 10 hours pay at straight time for training each week
Payments not included in regular rate of pay for overtime calculations
• Discretionary bonuses (i.e., holiday, gifts) • Vacation, holiday, sick • Expense reimbursement • Contribution to bona-fide profit-sharing plan/trust, or thrift/savings plan
The minimum wage law
The basis for pay does not affect ...
Overtime
Required for nonexempt workers under FLSA at 1.5 times the regular rate of pay (including supplemental) for hours over 40 in a workweek during the established 168 hours consisting of the following seven 24 hour periods state law may require daily overtime
Salary Basis Test: Exempt Employees Examples of Proper deductions from salary
• Vacation time off • Sick time off • Jury duty/military leave • Penalty for violating safety rules • Unpaid disciplinary suspension • Reimbursed isolated or inadvertent improper deductions • Pro-rata pay first week/last week of employment
Creative Professional Standard Test criteria
• Primary duty: artistic or creative endeavor • Established minimum salary level
$455
Salary Level Test amount per week established in the US (Puerto Rico and Virgin Islands) by the DOL
Maximum hours allowed for "banked time"
480 for public safety (320 * 1.5 hours) 240 for all others (160 * 1.5 hrs)
Engaged to wait
Employee is required to stay on company premises, or close enough that employee is not free to pursue own interests or hired to wait for something to do (happen)
"Banked time"
Paid at time and one-half absolute ER obligation - No 'use it or lose it' paid out at EEs current rate
• Outside of working hours • Voluntary • Not directly related to the job • No productive work during attendance
Attendance to lectures, meetings and training programs are not considered work time when ...
Rest and Meal Periods
Hours of work not required under FLSA
Learned Professional Standard Test criteria
• Primary duty: work requiring advanced knowledge • Established minimum salary level
Exceptions to the Salary Basis and Salary Level tests
• Computer professionals earning more than $27.63 per hour • Outside sales • Licensed or certified doctors • Lawyers • Teachers • FMLA
Waiting to be engaged
"On call" time in which an employee is able to use the time for their own purposes, accessible by phone or pager, and anytime spent responding is hours worked
Travel time considered hours worked and compensable
• Operating a vehicle for employer • Out of town travel and work hours - During normal work hours - Outside normal work hours - Overnight travel
Salary Basis Test
The employee must be paid a set and fixed salary that is not subject to variations because of quantity or quality of work performed
DOL
enforcing agency of worker economic opportunity act
Factors that suggest actual practice of improper deductions - Salary Basis test
Number of improper deductions compared to number of employee infractions warranting discipline; Time Period of improper deductions; Number and geographic location; Clearly communicated policy permitting or prohibiting improper deductions
Hours of work
All time which the employer requires, suffers or permits the employee to be on duty or at a prescribed workplace or on employer's premises
Section 3
(50 cards)
Any nonfarm work identified as hazardous (e.g. driving a motor vehicle, operating power-driven machines, roofing, etc.) by the Secretary of Labor
Types of jobs youths under the age of 18 may not perform
School day
Times in which the Child Labor Rules limit 14 and 15 year olds to working 3 hours
Invalid defenses under EPA
• Lack of intent to discriminate • Market wage rates • Employee skills not related to the job • Collective bargaining agreement
Violations
If ERs retaliate against EEs for exercising their FLSA right EEs cannot waive their FLSA rights
Protect employees and job applicants from discrimination
Purpose of Title VII of the Civil Rights Act of 1964
Child Labor Rules age restrictions for 18 year olds and older
Hazardous work ban is lifted
Multi-establishment employer
Employer that can be fined for violations at different establishments
Enforcing agency of the Equal Pay Act
Before 1979: DOL (W&H Division) Since 1979: EEOC
DOL imposed penalties employers face, if the minimum wage and overtime provisions are violated
• Liquidated damages • Back pay • Injunction • Criminal prosecution (fines, imprisonment, federal contractor debarment)
Manufacturing, mining or any hazardous job
Types of employers the Child Labor Rules do not allow 14 and 15 year olds to work for
Common FLSA violations
• Misclassification of employees as exempt • Improper payment for break time • On-call time • Training time • Travel time • Compensatory time off • Failure to pay for unauthorized hours worked • Bonus pay exclusion from regular hourly rate • Failure to pay for all recorded hours • Inaccurate records
Title VII of the Civil Rights Act of 1964
The most comprehensive federal statute regulating employment discrimination
Statistical evidence
Evidence that all members of a protected group are paid less than nonmembers
Job-related qualifications
• An employer may pay higher wages to employees who possess skills • An employer may pay a premium to attract a highly qualified individual
Pay system
Measures earnings by quality or quantity of production measurement systems
Purpose of the Equal Pay Act (EPA)
Prohibit unequal pay based on gender
Injunction
Penalty a Good Faith Defense does not defend against
Direct evidence
A statement by employer that it took action because of employee's protected class
ERs covered by the Equal Pay Act
Same as covered by FLSA Exempt and Nonexempt
Training program
Pay differentials between trainees and regular employees who do the same work are valid
Two facets employees must prove to establish disparate treatment in violation of Title VII
• Paid less (than members not in the same protected group) • Intent (though Direct, Statistical or Circumstantial evidence)
Merit system
An employer must prove that the pay disparity is based on a systematic evaluation of employee performance according to predetermined criteria
Within 3 years of the cause of the action
Statute of limitations in which actions to enforce willful violation must be commenced
Examples of the Affirmative Defense "any factor other than sex" under EPA
• "Red Circle" pay rates • Job-related qualifications • Training program
Wage and Hour Division
Agency authorized to investigate and gather data regarding the wages, hours, and other conditions and practices of employment
Within 2 years of the cause of the action
Statute of limitations in which actions to enforce non-willful violations must be commenced
Considered a "prior finding" violation of the FLSA
An employer has failed to file an appeal or an appeal has been concluded
Provisions of Title VII
Unlawful treatments • Disparate treatment • Disparate impact Remedies • Back pay • Reinstatement • Attorney and witness fees
3
Years in which the FLSA requires records be kept for nonexempt employees
Non-school week
Times in which the Child Labor Rules allow 14 and 15 year olds to work 40 hours
Prima Facie
Case in which the burden of proof is on the employee
The employee must prove the following to have a Prima Facie Case
• Receives lower wage • Works in the same establishment • Requires substantially equal skill, effort, responsibility, working conditions
Child Labor Rules age restrictions for 16 to 17 year olds
May perform any nonhazardous job
Employer's conduct is considered "knowing"
An employer that was advised earlier by the Labor Department that its actions were unlawful
Examples of industry / geographic target audits
• Fast-food industry • Large immigrant populations
Effects of EPA
• Greater emphasis on job analysis, description and evaluation • Benefit program revision to eliminate gender-based differentials • Pay raises (for lower paid gender) • Pay is broadly defined - cannot discriminate employee contributions to or benefits from a benefits plan on account of gender
Affirmative defenses under EPA
• Seniority system • Merit system • Pay system • Any factor other than sex
Retail and service industries
Types of employers the Child Labor Rules allow 14 and 15 year olds to work for
Seniority system
An employer may lawfully pay employees higher wages because they have greater seniority
No hour limitations
Child Labor Rules restriction on hours of work for 16 and 17 year olds
School week
Times in which the Child Labor Rules limit 14 and 15 year olds to working 18 hours
Companies in interstate commerce with 15 or more employees 20 weeks per year
Covered by Title VII of the Civil Rights Act of 1964 and 1991
ERs covered by Title VII
ERs in interstate commerce Has 15 or more EEs working more than 20 weeks per year
"Red Circle" pay rates
Maintaining an employee's established wage rate is a valid factor other than gender where that wage rate did not violate the EPA prior
Bipartisan Budget Act of 2015
Act instructing agencies to increase civil monetary penalties by rate of inflation and annually index to increases in Consumer Price Index
Good faith defense
Employer may escape or reduce back pay or liquidated damages liability if able to prove that it was not violating the FLSA based on written interpretation of the law or other sources
Protected classes of Title VII and Civil Rights Act of 1991
• Race • Color • Religion • Sex (including pregnancy) • National origin
Willful violations
Occurs when the employer knows its conduct is prohibited or should have inquired further into whether its conduct was in compliance
What FLSA does not require
• Pay for time not worked (e.g. vacation, holiday, etc.) • Time clock records • Premium pay • Exempt/nonexempt differentiation • Raises or benefits • Discharge notice or reason • Pay stubs or W-2s • Limit on hours worked (if at least 16 years old)
What prompts a personal audit
• Employee complaint • Random audit • Industry/geographic targets
Section 4
(50 cards)
300
Days in which the time limit may be extended to file a discrimination charge if there is a state or local fair employment practices agency enforcing a law prohibiting the same alleged discriminatory practice
5 Primary amendments to the Civil Rights Act of 1991
allows compensatory and punitive damages; provides for trial by jury; redefines guidelines for disparate impact cases; affects mixed-motive discrimination cases; lengthens time-frame for challenging seniority systems
Disparate Impact
Unintentional discrimination involving employment practices that appear to be neutral but adversely affect a protected class of people
Where can market wages be a defense because the same job is not a factor?
under Title VII
Possible results of disability violations
• Hiring • Reinstatement • Promotion • Back pay • Reasonable accommodation • Compensatory and punitive damages
Defenses under Title VII (similar to Equal Pay Act)
• Bona fide occupational qualification (BFOQ) • Business necessity • Seniority system • Merit system • Production measurement system • Different locations • Market wage rates
Purpose of the Americans with Disabilities Act Amendments Act (ADAAA)
Eliminate discrimination by affirming the broad scope through the expanding definition of disability
Gunther vs. Washington
Only U.S. Supreme Court decision in the area of comparable worth avoided the comparable worth theory required proof of intentional gender discrimination
EEs covered under ADAA
Those with physical or mental impairment; Has a record of impairment; Is regarded as having such an impairment; may be someone associated with the disabled
Reasonable accommodations
Any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities
Essential functions
Job duties required to be performed
A job function is essential if:
• Reason the position exists • Employees available • Expertise or skill required
Purpose of the Age Discrimination in Employment Act (ADEA)
Prohibit age discrimination with respect to compensation, terms, conditions or privileges of employment
$100,000 punitive damages cap for each plaintiff
Maximum sum of compensatory and punitive damages plaintiffs can recover from employers with 101 to 200 employees
Race
Protected class that can never be a BFOQ
Circumstantial evidence
Inferred evidence that members of a protected group are paid less than nonmembers
Griggs v. Duke Power Co.
Disparate impact case required passing of intelligence test that adversely impacted african americans, they were less likely able to pass the tests
• Elected officials • High-level appointed officials
Government officials not covered by ADEA
OFCCP (Office of Federal Contract Compliance Programs) - part of DOL
Act that enforces Vocational rehabilitation act
When can employer may require a medical exam?
After a job offer and if all employees in the same job are also required to take a medical exam
Gender gap in earnings
Result of employer/societal undervaluation of jobs dominated by females seen as a form of illegal gender discrimination
Purpose of the Lilly Ledbetter Fair Pay Act
Extends time frame for filing pay discrimination claims brought under Title VII, ADEA and ADA
Purpose of the Civil Rights Act of 1991
Prohibit discrimination on the basis of specific protected classifications
• Religion • Sex • National origin • Age
Protected classes an employer may refuse to hire when reasonably necessary to the normal operation of the employer's business, under the BFOQ defense
Purpose of the Americans with Disabilities Act (ADA)
Extend coverage of Vocational Rehabilitation Act beyond government contractors
65
Mandatory retirement age under bona fide executives ADEA exception
• Firefighters • Law-enforcement officials
Receive special provisions under ADEA
$200,000 punitive damages cap for each plaintiff
Maximum sum of compensatory and punitive damages plaintiffs can recover from employers with 201 to 500 employees
180
Days in which a charge of discrimination must be filed
Pre-employment medical examinations
Common business practices that are specifically prohibited under provisions of the ADA results of all medical examinations must be kept confidential
ADEA exceptions
• Bona fide executives • Elected officials • BFOQs • Reasonable factors other than age • Seniority system • Firefighters and law-enforcement officials • Bona fide benefits plans
Covered by the Lilly Ledbetter Fair Pay Act
Companies in interstate commerce with 15 or more employees; retroactive to May 28, 2007
Comparable worth
Principle that men and women should be compensated equally for work requiring comparable skills, responsibilities, and effort (equal pay for equal work)
Compensation issues affected by the ADA and ADAA
• Job descriptions • Job restructuring • Evaluation and promotion issues • Policies and procedures • Compensable factors
Purpose of the Vocational Rehabilitation Act
Employ and advance individuals with disabilities to improve their quality of life
Bona fide executives
ADEA exception entitled to $44,000 per year of more in retirement benefits derived from employer contributions.
Essential for the safety and efficiency of the business and no reasonable alternative with lesser impact exists
Business necessity defense under Title VII
$300,000 punitive damages cap for each plaintiff
Maximum sum of compensatory and punitive damages plaintiffs can recover from employers with more than 500 employees
Examples of Reasonable Accommodations under the ADA
• Acquiring or modifying equipment or devices • Job restructuring • Part-time or modified work schedules • Reassignment to a vacant position • Adjusting or modifying examinations, training materials or policies • Providing readers and interpreters • Making the workplace accessible and usable
Covered by the ADEA
• Employees 40 years old • Employers with 20 or more employees
Reasonable accommodations measures
• Size of the business • Number / type of facilities • Nature and cost of accommodation
seniority system
What may be observed as an exception provided it is not a subterfuge for age discrimination?
Purpose of the Bennett Amendment
It shall not be unlawful practice to differentiate compensation on the basis of sex if such differentiation is authorized by the Equal Pay Act requires EPA violation in order to bring action
Drug testing
Excluded from the medical examination prohibition
Mixed-motive discrimination case
When a Title VII plaintiff demonstrates that an employer's decision was partially motivated by discrimination, but the employer demonstrates that it would have made the same decision absent discrimination
Covered by the Vocational Rehabilitation Act
• Employers with federal contracts over $10,000 • Any person with physical or mental impairment, with a record of or regarded as having such impairment, or regarded as having an impairment
$50,000 punitive damages cap for each plaintiff
Maximum sum of compensatory and punitive damages plaintiffs can recover from employers with 15 to 100 employees
Equal Employment Opportunity Commission (EEOC)
Enforcing agency of the ADEA, ADA/ADAAA, Lilly Ledbetter Fair Pay Act, Title VII
ERs Covered by the Americans with Disabilities Act (ADA) and subsequent Amendment Act (ADAAA)
Companies involved in interstate commerce with 15 or more employees, plus state and local government, employment agencies and labor unions
• Seniority systems are adopted • An individual is subjected to the system • A person is affected by the system
Time frame for challenging seniority systems (when seniority systems may produce violations)
Section 5
(17 cards)