Acct 324 - Ch. 42

If an employer receives federal financial assistance or has federal contracts worth over ______, then the employer must develop an antidrug policy for employees. Multiple choice question. $50,000 $15,000 $5,000 $25,000

$25,000

On July 24, 2009, the federal minimum wage increased from $6.55 to ______. Multiple choice question. $7.25 $9 $8 $10.25

$7.25

The Federal Unemployment Tax Act (FUTA), passed in 1935, created a state system to provide _______ _______ to qualified employees who lose their jobs.

unemployed compensation

Under the Fair Labor Standards Act (FLSA), the United States ______ increases the minimum wage for employees to compensate for increases in cost of living. Multiple choice question. Supreme Court Secretary of State Congress President

Congress

What federal law mandates that employers receiving federal funds must have an antidrug policy for employees? Multiple choice question. Fair Labor and Standards Act Consolidated Omnibus Business Reconciliation Act Drug-Free Workplace Act Family and Medical Leave Act

Drug-Free Workplace Act

What federal law bans the interception of personal email by an employer in the workplace? Multiple choice question. ERISA FMLA COBRA ECPA

ECPA

What federal law protects employees' established pension plans? Multiple choice question. FMLA ERISA FLSA COBRA

ERISA

The federal government primarily regulates workplace safety through Multiple choice question. FMLA. ERISA. OSHA. COBRA.

OSHA

The ______ requires that employers create an employment environment that is free from recognized hazards that are likely to cause death or serious physical harm. Multiple choice question. Fair Labor Standards Act (FLSA) Americans with Disabilities Act (ADA) Occupational Safety and Health Act (OSHA) Family and Medical Leave Act (FMLA)

Occupational Safety and Health Act (OSHA)

In the context of the Wagner Act, the process whereby workers organize collectively and bargain with employers regarding the conditions of employment is called _______ _______

collective bargaining

When using their employers' email system, employees ______. Multiple choice question. have a reasonable expectation of privacy only during nonworking hours do not have a reasonable expectation of privacy only during nonworking hours do not have a reasonable expectation of privacy even during nonworking hours have a reasonable expectation of privacy even during nonworking hours

do not have a reasonable expectation of privacy even during nonworking hours

The most common exception to the employment-at-will doctrine that provides that an implied employment contract may arise from statements the employer makes in an employment handbook, length of service, statements by the employer indicating long-term employment, or materials advertising the position is known as the __________ - ________ exception.

implied contract

In what year did the Family and Medical Leave Act (FMLA) go into effect? Multiple choice question. 1993 2001 2010 1952

1993

Penalties for OSHA violations may range from $0 to ______ per violation, depending on the likelihood that the violation would lead to serious injury to an employee. Multiple choice question. $20,000 $500,000 $100,000 $70,000

$70,000

Penalties for OSHA violations may range from $0 to ______ per violation, depending on the likelihood that the violation would lead to serious injury to an employee. Multiple choice question. $500,000 $70,000 $20,000 $100,000

$70,000

How long do the benefits of COBRA last for the employee? Multiple choice question. 30 days or sooner if the employee gets a new job Five years 18 months (or 29 months if disabled) One year

18 months (or 29 months if disabled)

How soon after an injury is a worker usually required to notify an employer and file a claim with the workers' compensation board? Multiple choice question. 30 to 60 days after the injury Immediately following the injury After 90 days after the injury Within one year of the injury.

30 to 60 days after the injury

The Fair Labor Standards Act (FLSA) mandates that employees who work more than ______ hours in a week be paid no less than one and one half times their regular wage for all the hours they work beyond these hours during a given week. Multiple choice question. 30 15 25 40

40

In most states, private employers have what rights to drug test their employees? Multiple choice question. Employers can only test individuals when they have probable cause to suspect drug usage. Employers can only test individuals who have previously been found to be using drugs on the job. Employers enjoy almost unfettered discretion to test their employees. Employers can only test employees that have prior drug convictions.

Employers enjoy almost unfettered discretion to test their employees.

With OSHA violations, how can criminal penalties against an employer be imposed? Multiple choice question. If the employer makes a 30% profit margin from the hazardous environment If the employee is injured and the employer acted negligently in making the workplace safe Every violation is criminal. If a willful violation results in the death of a worker

If a willful violation results in the death of a worker

The United States mandates how much minimum annual vacation time for employees? Multiple choice question. One week Two weeks None Four weeks

None

True or false: Employees do not have a reasonable expectation of privacy when using their employee's email system. True false question.

True

What are some activities that are protected activities under the public policy exception to the employment-at-will doctrine? (Check all that apply.) Multiple select question. Whistle-blowing activities Serving out military duty Serving on jury duty Interviewing for new employment

Whistle-blowing activities Serving out military duty Serving on jury duty

Employers are in the strongest legal position when they have a clear policy preventing Multiple choice question. a reasonable expectation of privacy. advanced education by the employee. more than 7 vacation days for the employee. employees from participating in FMLA.

a reasonable expectation of privacy.

A(n) ______ is against the employer with whom the union is directly engaged in a labor dispute. Multiple choice question. secondary boycott picket embargo primary boycott

primary boycott

Under FMLA, the plaintiff can recover all of the following EXCEPT: _________. (Choose ONE answer) Multiple choice question. attorneys fees lost benefits reimbursable expenses unpaid salary

reimbursable expenses

_____ picketing prevents deliveries or services to the employer.

signal

The Taft-Hartley Act limited the power of: _______. Multiple choice question. businesses with federal contracts federal employees the state trade unions

trade unions

Bargaining in good faith means that a union must not strike Multiple choice question. unless given explicit permission from the NLRB. at any time. until six months after the negotiations have begun. during the 60-day notice period.

during the 60-day notice period.

Under ______ laws, an employee is guaranteed the right to recover for injuries that occurred on the job without having to sue his or her employer. Multiple choice question. workers' compensation employment-at-will due diligence security

workers' compensation

An employer can, from their statements or through their employment handbook, create what form of employment relationship? Multiple choice question. A COBRA insurance contract An implied employment contract No relationship An ERISA pension contract

An implied employment contract

What is the labor term for a refusal to purchase an employer's products in order to force the employer to change behavior in a labor dispute? Multiple choice question. Boycott Strike Collective bargain Endorse

Boycott

What are the requirements for an individual to claim damages under the workers' compensation laws? (Check all that apply.) Multiple select question. He or she must be an employee. The employee must have at least $500 worth of damages. The injury occurred on the job. The employer and employee are covered under the state workers' compensation system.

He or she must be an employee. The injury occurred on the job. The employer and employee are covered under the state workers' compensation system.

What is the term for when employees put themselves in front of the employer's business in order to inform the public of a labor dispute? Multiple choice question. Treaty Embargo Boycott Picketing

Picketing

______ is when employees place themselves in front of the employer's place of business to inform passersby of the fact that there is a labor dispute. Multiple choice question. Unionizing Boycotting Picketing Negotiating

Picketing

What is the term for a temporary concerted withdrawal of labor? Multiple choice question. Boycott Endorse Strike Embargo

Strike

If an employee is unable to return to work following a 12-week FMLA leave, what is the employer required to do with the employee's position? Multiple choice question. The employer must hold the position open indefinitely if there is a valid medical reason for the employee's failure to return to work. The employer can terminate the employee, but is required to pay the employee for four weeks of salary. The employer, after the 12-week FMLA leave period, is no longer required to hold open the position for the employee. The employer must hold the employee's position for another 90 days.

The employer, after the 12-week FMLA leave period, is no longer required to hold open the position for the employee.

FUTA is a federal law instituting a system to provide for unemployment compensation. Who manages the unemployment system itself? Multiple choice question. The U.S. Department of Labor The United Nations The states A private consortium of businesses

The states

True or False: Employers subject to the FLSA must pay their workers at least the federal minimum wage.

True

Bargaining collectively in good faith means that the parties must ______. Multiple choice question. meet at reasonable times and confer in good faith have an oral agreement if one is reached give 20 days' notice to the other party when intent on terminating or modifying an existing contract give 10 days' notice to the federal or state mediation services in the event of a pending dispute over a new agreement

meet at reasonable times and confer in good faith

Employers in covered industries are required under the FLSA to pay a federal _______ wage

minimum

Whistle-blowing is a protected activity under the ____ policy exception to the employment-at-will doctrine.

public

A(n) ____ _____ occurs when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with the employer.

secondary boycott

Employers who fail to comply with the Consolidated Omnibus Budget Reconciliation Act (COBRA) may be required to pay up to 10 percent of the annual cost of the group plan or ______, whichever is less. Multiple choice question. $100,000 $500,000 $50,000 $10,000

$500,000

Under the ______, employees' privacy rights were extended to electronic forms of communication including email and cellular phones. Multiple choice question. Occupational Safety and Health Act of 1970 Electronic Transactions Act of 2000 Omnibus Crime Control and Safe Streets Act of 1968 Electronic Communications Privacy Act of 1986

Electronic Communications Privacy Act of 1986

Under the ______, employees' privacy rights were extended to electronic forms of communication including email and cellular phones. Multiple choice question. Occupational Safety and Health Act of 1970 Omnibus Crime Control and Safe Streets Act of 1968 Electronic Transactions Act of 2000 Electronic Communications Privacy Act of 1986

Electronic Communications Privacy Act of 1986

The ______ Act was designed to curtail the powers of trade unions that had been empowered by the Wagner Act. Multiple choice question. Taft-Hartley Wagner-Post Post-Wagner Hartley-Taft

Taft-Hartley

What federal law governs the internal operations of labor unions and contains Labor's Bill of Rights? Multiple choice question. The Landrum-Griffin Act The Consolidated Omnibus Business Reconciliation Act The Wagner Act The Taft-Hartley Act

The Landrum-Griffin Act

Who will supervise an election in a workplace to determine if workers can lawfully organize under the National Labor Relations Act? Multiple choice question. The employer The NLRB The U.N. Committee on Labor The state

The NLRB

What federal law created the National Labor Relations Board? Multiple choice question. The Family and Medical Leave Act The Wagner Act The Fair Standards and Leave Act The Right-to-Work Act

The Wagner Act

What type of laws guarantee an injured worker the right to recover for injuries without having to sue his or her employer? Multiple choice question. Workers' compensation laws Fair trade laws Wage and hour legislation Personal injury laws

Workers' compensation laws

Under the employment-at-will doctrine, an employment relationship can be terminated by ______, for any reason at any time. Multiple choice question. the employer only either party OSHA the employee only

either party

At a minimum, employer privacy policies should cover ______. Multiple choice question. employee recruitment standards employee access to medical and personnel records employee interview techniques employee training programs on technology

employee access to medical and personnel records

If an employer fails to comply with COBRA, what penalties are available? Multiple choice question. $500,000 or 10% of group plan, whichever is less None -- COBRA penalties only pertain to employees. $10,000 in monetary damage An employer can be forced to rehire ex-employee.

$500,000 or 10% of group plan, whichever is less

During the post-World War II period, what fraction of the United State workers were organized into labor unions? Multiple choice question. 1/3 9/10 3/4 1/5

1/3

Employers with how many employees are required under OSHA to keep records of workplace injuries? Multiple choice question. 20 or more 100 or more 11 or more 5 or more

11 or more

Identify the conditions in which the benefits of the Consolidated Omnibus Budget Reconciliation Act (COBRA) do not arise. (Check all that apply.) Multiple select question. An employee is fired for gross misconduct. An employer decides to eliminate benefits for all current employees. An employee is promoted with different benefits. An employer decides to increase benefits for all current employees.

An employee is fired for gross misconduct. An employer decides to eliminate benefits for all current employees.

______ is a federal law that sets minimum standards for most voluntarily established pension and health plans in the private industry to provide protection for individuals in these plans. Multiple choice question. ERISA FMLA COBRA NLRB

ERISA

Under the law, employers must prominently display either the federal or a state OSHA poster with information about employees' _____. Multiple choice question. safety and health rights socio-political viewpoints religious beliefs public and private lives

safety and health rights

______ picketing is designed to truthfully inform the public of a labor dispute. Multiple choice question. Secondary Organized Informational Primary

Informational

The ______ requires certain financial disclosures by unions and establishes civil and criminal penalties for financial abuses by union officials. Multiple choice question. Landrum-Griffin Act of 1959 Occupational Safety and Health Act of 1970 Taft-Harley Act of 1947 Fair Labor Standards Act of 1938

Landrum-Griffin Act of 1959

Most state workers' compensation laws cover what kind of monetary damages? (Check all that apply.) Multiple select question. Punitive damages Medical bills Rehabilitation expenses Hospital bills

Medical bills Rehabilitation expenses Hospital bills

The National Labor Relations Board interprets and enforces what federal law? Multiple choice question. The Fair Labor and Standards Act The Family and Medical Leave Act National Labor Relations Act The Omnibus Business Reconciliation Act

National Labor Relations Act

Which federal law mandates the amount of annual vacation time an employee must have? Multiple choice question. No federal law The Taft-Hartley Act The Fair Labor Standards Act (FLSA) The Family and Medical Leave Act (FMLA)

No federal law

If an employee is injured while off duty taking a lunch at a restaurant, will they be able to make a compelling claim under the workers' compensation system? Multiple choice question. No, because the injury did not occur on the job. Yes, because the injury affects the ability of the employee to earn a living and do his/her work. Yes, because the proximate cause of employee taking lunch creates liability for the employer. Yes, but only if the employee purchased a supplemental workers' compensation insurance plan.

No, because the injury did not occur on the job.

Under the ______, employers cannot listen to or disclose the contents of private telephone conversations of employees. Multiple choice question. Omnibus Crime Control and Safe Streets Act of 1968 Occupational Safety and Health Act of 1970 Fair Labor Standards Act of 1938 Electronic Communications Privacy Act of 1986

Omnibus Crime Control and Safe Streets Act of 1968

Under the ______, employers may ban an employee's personal calls and monitor for compliance, as long as they discontinue listening to any conversation once they determine it is personal. Multiple choice question. Omnibus Crime Control and Safe Streets Act of 1968 Fair Labor Standards Act of 1938 Electronic Communications Privacy Act of 1986 Occupational Safety and Health Act of 1970

Omnibus Crime Control and Safe Streets Act of 1968

______ employers have almost unfettered discretion to drug test their employees. Multiple choice question. Government Civil Private Public

Private

What are occurrences that would be covered under FMLA? (Check all that apply.) Multiple select question. Having to attend court due to a traffic violation The adoption of a child The birth of a child Serious illness with a spouse, parent or child

The adoption of a child The birth of a child Serious illness with a spouse, parent or child

Under the premises rule, if an individual is injured on company property while he or she is leaving from work, which of the following is true? Multiple choice question. The court will not find the individual was at their job, since the injury did not occur during typical work hours. The court will not find that the individual was on the job unless the individual was a "non-essential employee." The court will generally find that the individual was on the job at the time of injury. The court will not find they were on the job, since they were not at their work station doing their job.

The court will generally find that the individual was on the job at the time of injury.

The employment relationship is a contractual relationship between what parties? (Check all that apply.) Multiple select question. The employee The federal government The employer The state

The employee The employer

What is a negative aspect of the workers' compensation system for the employee? Multiple choice question. The workers' compensation system requires that the employee front the first $500 of expenses before filing an injury claim. The employee can only receive coverage for wages, but not medical expenses. The employee could gain a far larger monetary award suing in court than through the workers' compensation system. The employee can be fired for filing a workers' compensation claim if unsuccessful.

The employee could gain a far larger monetary award suing in court than through the workers' compensation system.

Under the employment-at-will doctrine, which parties can terminate the employment agreement? (Check all that apply.) Multiple select question. The state OSHA The employer The employee

The employer The employee

What exception to the employment-at-will doctrine makes an assumption that every employment contract contains an implicit understanding that the parties will deal with each other fairly? Multiple choice question. The implied covenant of good faith and fair dealing The public policy exception to the employment-at-will doctrine The OSHA exception to the employment-at-will exception The Uniform Commercial Code exception

The implied covenant of good faith and fair dealing

What exception to the employment-at-will doctrine makes an assumption that every employment contract contains an implicit understanding that the parties will deal with each other fairly? Multiple choice question. The public policy exception to the employment-at-will doctrine The implied covenant of good faith and fair dealing The Uniform Commercial Code exception The OSHA exception to the employment-at-will exception

The implied covenant of good faith and fair dealing

What are the remedies available under the FMLA? (Check all that apply.) Multiple select question. Unpaid salary or wages Punitive damages based on the net worth of the offending corporation or business Lost benefits Denied compensation

Unpaid salary or wages Lost benefits Denied compensation

If a claim is denied, more states provide an agency ______ process

appeals

In the case of childbirth, an employee intending to take FMLA leave must notify the employer Multiple choice question. one or two days prior to the birth. at least 30 days prior to the birth. six months prior to the birth. at no specific time.

at least 30 days prior to the birth.

The purpose of a(n) ______ is to prohibit a business from carrying on as normal and force it to accede to the demands of the _______. Multiple choice question. signal picketing; labor union embargo; management picket; strike replacements boycott; labor union

boycott; labor union

ERISA requires that ______ must keep employees informed on established pensions and health plans. Multiple choice question. the state the federal government city governments employers

employers

As a general rule, the accident leading to the injury being paid under the workers' compensation system must have taken place during the time and within the employees' scope of ______. Multiple choice question. employment authority control rights

employment

Employers must pay into the workers' compensation fund ______. Multiple choice question. once in five years once in two years every month every year

every year

The least common exception to at-will employment, permitted in eleven states, is the ______. Multiple choice question. implied covenant of good faith and fair dealing exception implied-contract exception Occupational Safety and Health Act (OSHA) exception public policy exception

implied covenant of good faith and fair dealing exception

FMLA requires an employer to ______ when the employee returns from their leave. Multiple choice question. restore the employee to their position or a substantially similar position pay an employee one and one half times their salary, since their family has now increased or trauma has occurred pay for any and all costs, medical and general, accrued during the FMLA leave give two weeks notice prior to termination for taking the leave

restore the employee to their position or a substantially similar position

A ______ is the most powerful weapon employees use to secure recognition and improve their working conditions, but it is also potentially the most dangerous. Multiple choice question. whistle-blowing activity written complaint resignation strike

strike

Workers first achieved the right to organize during: _______. Multiple choice question. Reconstruction the Great Depression World War World War II

the Great Depression