Business Law Ch. 42

On July 24, 2009, the federal minimum wage increased from $6.55 to _____

$7.25

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.

$70,000

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.

(OSHA) Occupational Safety and Health Act

At a minimum, employer privacy policies should cover ______.

-employee access to medical and personnel records -employer monitoring of telephone conversations -employer surveillance policies -drug testing policies -lie detector policies -ownership of computers and all issues unique to the electronic workplace -workplace dating policies

What are the requirements for an individual to claim damages under the workers' compensation laws?

1. The injury occurred on the job. 2. The employer and employee are covered under the state workers' compensation system. 3. He or she must be an employee.

During the post-World War II period, what fraction of the United State workers were organized into labor unions?

1/3

Employers with how many employees are required under OSHA to keep records of workplace injuries?

11 or more

How long do the benefits of COBRA last for the employee?

18 months (or 29 months if disabled)

In what year did the Family and Medical Leave Act (FMLA) go into effect?

1993

An employee injured on the job must notify the employer of the injury and file a claim with the state workers' compensation board, usually within ______ days.

30 to 60

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.

40

___________ __________. occurs when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with the employer.

A secondary boycott

The workers' compensation system employs what form of procedure for justice?

Administrative adjudication

Identify the conditions in which the benefits of the Consolidated Omnibus Budget Reconciliation Act (COBRA) do not arise.

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

An employer can, from their statements or through their employment handbook, create what form of employment relationship?

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?

Boycott

Under the Fair Labor Standards Act (FLSA), the United States ______ increases the minimum wage for employees to compensate for increases in cost of living.

Congress

What federal law protects employees' established pension plans?

ERISA

FUTA is a federal law instituting a system to provide for unemployment compensation. Who manages the unemployment system itself?

The states

employee access to medical and personnel records

Employers enjoy almost unfettered discretion to test their employees.

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

True

When using their employers' email system, employees ______.

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

Bargaining in good faith means that a union must not strike

during the 60-day notice period.

_______ picketing prevents deliveries or services to the employer.

signal

If an employer receives federal financial assistance or has federal contracts worth over ______, then the employer must develop an antidrug policy for employees.

$25,000

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.

$500,000

What federal law governs the internal operations of labor unions and contains Labor's Bill of Rights?

The Landrum-Griffin Act

Under the employment-at-will doctrine, which parties can terminate the employment agreement?

The employer or employee

Employers must pay into the workers' compensation fund ______

every year

The Taft-Hartley Act limited the power of: _______.

trade unions

With OSHA violations, how can criminal penalties against an employer be imposed?

If a willful violation results in the death of a worker

The ______ requires certain financial disclosures by unions and establishes civil and criminal penalties for financial abuses by union officials.

Landrum- Griffin Act of 1959

What are the remedies available under the FMLA?

Lost benefits Unpaid salary or wages Denied compensation

Most state workers' compensation laws cover what kind of monetary damages?

Medical bills Hospital bills Rehabilitation expenses

The ______ interpret(s) and enforce(s) the National Labor Relations Act.

National Labor Relations Board

Which federal law mandates the amount of annual vacation time an employee must have?

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?

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

The United States mandates how much minimum annual vacation time for employees?

None

The federal government primarily regulates workplace safety through

OSHA

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.

Omnibus Crime Control and Safe Streets Act of 1968

What are some activities that are protected activities under the public policy exception to the employment-at-will doctrine?

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

The ______ Act was designed to curtail the powers of trade unions that had been empowered by the Wagner Act.

Taft-Hartley

What federal legislative act requires a minimum wage be paid to employees in covered industries?

The Fair Labor Standards Act (FLSA)

What federal law created the National Labor Relations Board?

The Wagner Act

What federal legislation was the first attempt at creating peaceful settlement of labor disputes?

The Wagner Act

What are occurrences that would be covered under FMLA?

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?

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?

The employee and employer

What is a negative aspect of the workers' compensation system for the employee?

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

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?

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

The implied covenant of good faith and fair dealing

What type of laws guarantee an injured worker the right to recover for injuries without having to sue his or her employer?

Workers' compensation laws

Employers are in the strongest legal position when they have a clear policy preventing

a reasonable expectation of privacy.

f a claim is denied, more states provide an agency______ process.

appeal

ERISA requires that ______ must keep employees informed on established pensions and health plans.

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 ______.

employment

Lee works for IntraCen Inc. The relationship between Lee and IntraCen Inc. is called a(n) ______ relationship.

employment

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

implied contract exception

The least common exception to at-will employment, permitted in eleven states, is the ______.

implied covenant of good faith and fair dealing exception

Bargaining collectively in good faith means that the parties must ______.

meet at reasonable times and confer in good faith

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?

picketing

A(n) ______ is against the employer with whom the union is directly engaged in a labor dispute.

primary boycott

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

public

FMLA requires an employer to ______ when the employee returns from their leave.

restore the employee to their position or a substantially similar position

Under the law, employers must prominently display either the federal or a state OSHA poster with information about employees' _____.

safety and health rights

A ______ is the most powerful weapon employees use to secure recognition and improve their working conditions, but it is also potentially the most dangerous.

strike

Picketing may occur as part of a(n) ______ or independently. Multiple choice question.

strike

picketing prevents deliveries or services to the employer.

strike

Workers first achieved the right to organize during: _______.

the Great Depression

Who will supervise an election in a workplace to determine if workers can lawfully organize under the National Labor Relations Act?

the NLRB

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

unemployment compensation

What federal law mandates that employers receiving federal funds must have an antidrug policy for employees?

Drug-Free Workplace Act

What federal law bans the interception of personal email by an employer in the workplace?

ECPA