Chapter 11: Employment Relationships and Labor Law

Exceptions to the at-will employment doctrine include: ______

express statutory protections expectations developed through common law employees with express contracts

Workers compensation payments are generally made to an injured employee regardless of the employee's _____ for the injury

fault

Workers' compensation payments are generally made to an injured employee regardless of the employee's _______ for the injury

fault

The Whistleblower Protection Act of 1989 protects _______ employees

federal

Most employment contracts provide that employees may only be terminated for _____ cause

good

Under the PPACA, individuals whose employers do not provide them with health insurance may purchase insurance through a(n) ______ ______ ______ that is set up by individual states

health care exchange

The Patient Protection and Affordable Care Act (PPACA) requires all citizens to have a(n) _______ _______ _______ _______

health care insurance plan

An employer may not be protected from suit if the worker's injury resulted from actions by the employer that were _____ or reckless

intentional

The Family Medical Leave Act, or FMLA, allows employees to take leave to care for family members without losing their:

jobs

The Federal Unemployment Tax Act, or FUTA, provides benefits for employees who have lost their: _______

jobs

Wages, working hours and working conditions are covered in federal labor _____

law

A(n) _____ provided by the employer that outlines protections under at-will employment may create an implied contract

manual

The FLSA establishes a(n) ______ wage for all employees covered by the act

minimum

An implied contract may be formed if an employer gives a(n) ________ promise that a reasonable person would believe protects the employee

oral

While not required by law, employers may attract good workers by offering a(n) _____ at retirement

pension

While not required by law, employers may attract good workers by offering a(n) ______ at retirement

pension

If terminating an employee will harm the public good, a public _______ exception may be recognized

policy

The Occupational Safety and Health Administration has the authority to conduct both routine and _____ work site inspections

random

Identify two important exceptions to the workers' compensation laws

An employer acts with a reckless disregard for the safety of its employees An employer has engaged in actions that intentionally create conditions that result in harm

A retirement benefit promised by the company to employees after years of service is a(n): _____ A. Annuity B. Pension C. 401(k) D. IRA

B

A specific statutory exception to the public policy exception to the employment-at-will doctrine is: A. Right-to-work law B. Whistle-blower law

B

After working 40 hours in a seven-day period, the FLSA states that employees are entitled to ____ compensation A. Negotitable B. Overtime C. Double D. Exempt from taxes

B

An employee handbook that suggests protections against termination without cause may create a(n) _____ contract A. Labor B. Implied C. At-will D. Express

B

An important exception to at-will termination protects whistle-blowers, employees who:_____ A. Develop intramural sports teams in the organization B. Report illegal activity within their organizations C. Referee labor/management disputes D. Make harassing noises and gestures at women

B

Contract employees may generally be terminated _______ A. At the employer's will B. For good cause C. For any cause D. Without notice

B

In many states, if a worker intentionally self-inflicts an injury on the job, he ______ entitled to workers' compensation? A. Might be B. Is not C. Is

B

It is important to note that children in family ______ jobs and _____ are not subject to the FLSA restrictons A. Agricultural, handicapped actors B. Agricultural, child actors C. Business, child actors D. Exempt, child actors

B

Restrictions on child labor are included in the: ______ A. Occupational Safety & Health Act B. Fair Labor Standards Act C. Lilly Ledbetter Fair Pay Act D. Social Security Act

B

The historical concept that permits employers to fire employees without notice or cause is known as: A. Managerial discretion B. At-will employment C. common law employment D. Wrongful termination

B

Whistle-blowers may be terminated for activities:_______ A. Outside of their departments B. Independent of whistle-blowing C. That impede corporate profits, including whistle-blowing D. Already exposed by others

B

Under the employment at-will doctrine, an employer may terminate an at-will employee under what circumstances? A. With or without just cause B. Only with advance notice C. Only with just cause

A

Unless an employee is clearly exempt from FLSA coverage, she should be classified as a _____ _____ employee under FLSA provisions until such time as the employer has legal assurances that the employee is exempt A. Covered, nonexempt B. Covered; exempt C. Non-covered; nonexempt D. Non-covered; exempt

A

What federal law requires employers to continue to make available health insurance to employees to purchase for themselves, after the employees leave the company? A. COBRA B. HIPAA C. ERISA D. PPACA

A

What is the major difference between a pension plan and a retirement account like a 401k? A. The pension is a promise to pay a retirement benefit from the employer; a retirement savings account is controlled by the employee B. Both a pension plan and a retirement savings account are controlled and funded by the employer C. A pension is typically based on length of service, while a retirement savings account is based on seniority D. Employees pay for their own pensions, while the employer makes contributions to a 401k

A

What limits are placed on the worker receiving workers' compensation for a work-related injury or illness? A. The employee may not pursue a negligence lawsuit against the employer B. The employee may not collect if the employee was at fault C. The employee only receives two weeks pay

A

______ at-will employment practices may be displaced by federal and state statutes A. Common law B. Public policy C. Whistle-blower D. Interstate

A

______ may set a higher minimum wage than what is established by the FSLA A. States B. Courts C. Municipalities

A

In some states, a worker is not entitled to workers' compensation benefits if the injury was the result of: ______. (Check all that apply)

A knowing violation of safety rules Intoxication or illegal drug use

Manuals, handbooks, or other written guidelines distributed by an employer that provide protections against termination without cause may create: A. Labor unions B. Collective bargaining rights C. Express contracts D. Implied contracts

D

The Fair Labor Standards Act (FLSA) includes:

a maximum 40-hour work week payment of a minimum wage provisions for overtime pay

Duties for _______ employees are classified as executive, administrative, or professional

exempt

The public policy exception is generally limited, but may cover circumstances where an employee has been terminated for acting in the public good while on the job, for example: _____

exercising a legal right preventing a violent crime refusing to commit an illegal act

Employers with ______ or more employees are required to maintain safety records

11

The FLSA outlaws the once common practice of sending school age children to work instead of to school by imposing restrictions on hiring workers under ______ years old

18

Collective bargaining agreements are negotiated between: A. Labor unions and employers B. Employers and other businesses C. Individuals and employers

A

Employees accrue _______ throughout their working life that are used to determine t he level of Social Security retirement benefits they will receive A. Credits B. Debits C. Payments D. Savings

A

Employees not covered by the FLSA because they are expected to be able to bargain for their own working conditions and pay are called:______ A. Exempt employees B. Human resources employees C. Blue Collar employees D. Nonexempt employees

A

Employer actions that demonstrate intent to protect employees from unjust termination may create protection under a(n): ______ A. Implied contract B. Collective bargaining agreement C. Express Contract D. Labor Contract

A

Oral promises that a reasonable person would believe protect an employee from termination without cause may be held to be: _______ A. Implied employment contracts B. Collective bargaining agreements C. At-will employment contracts D. Express employment contracts

A

The federal labor laws were adopted to protect the following: A. Immigrant workers B. Corporate employers

A

Under the Federal Labor Standards Act (FLSA), a standard workweek is: ______ A. 40 hours in a seven-day period B. An average of 40 hours per week over any four weeks C. Any number of hours as long as provisions are included for overtime compensation D. 30 hours in a seven-day period

A

A(n) ______ is an employment agreement between managers and a business entity which gives contract rights to _____ employees as well A. Employment at will agreement, at-will B. Labor contract, nonmanagement C. Collective bargaining agreement, nonmanagement D. Collective bargaining agreement, at-will

C

A(n) ______ plan is an example of a tax-deferred retirement savings account, which is funded by the employee A. Social security B. Pension C. 401(k) D. ERISA

C

Although not required by the FLSA, most states require written documentation for child workers, often called: ______ A. Tax-deferred certificates B. Parental releases C. Working papers D. Age certifications

C

Certain federal and state statutes displace common law employment at-will rules. The best examples are ______ laws that prohibit termination based on certain discriminatory motivations such as race or gender A. Illusion of inclusion B. Antilocution C. Antidiscrimination D. Benevolent prejudice

C

Collective bargaining agreements are negotiated between: A. Employers and other businesses B. Individuals and employers C. Labor unions and employers

C

Identify the following entities who have passed laws to protect employees A. State legislatures and municipalities B. Municipalities and Congress C. Congress and state legislatures

C

OSHA regulations apply to all: A. Federal government units B. Public employers C. Private employers D. State government agencies

C

So long as a(n) ___ does not fall under one of the exceptions, the employer is insulated from a wrongful termination lawsuit A. Contractual employment B. Implied employment C. At-will termination D. Express employment

C

The ______ exception to at-will employment is recognized when employer actions would harm the general public's well-being A. Statutory B. Whistle-blower C. Public policy D. Common law

C

U.S. Citizens are requires to have health care insurance by the: A. SSA B. FLSA C. PPACA D. ERISA

C

What type of employee has rights of employment and termination included in an express agreement? A. Common law employee B. At-will employee C. Contract employee D. Independent employee

C

The Consolidated Omnibus Budget Reconciliation Act, or _________, allows employees who have left an organization to purchase health insurance under the employer's plan

COBRA

A(n) ______ contract may be created when a reasonable person would believe from an employer's actions that the employer intends to protect the employee from termination without cause A. Labor B. At-will C. Express D. Implied

D

A(n) _______ promise may create a(n) _____ contract if a reasonable person would believe the promise protects the employee from unjust termination A. Written, statutory B. Written, implied C. Oral, express D. Oral, implied

D

An employee who identifies and reports unlawful conduct within the organization is known as a(n) ________term-32 A. Labor Employee B. Statutory Employee C. General Agent D. Whistle-blower

D

An important exception to at-will termination protects whistle-blowers, employees who:______ A. Referee labor/management disputes B. Develop intramural sports teams in the organization C. Make harassing noises and gestures at women D. Report illegal activity within their organizations

D

Federal government employees have statutory protection from at-will terminations under:______ A. The Occupational Safety and Health Administration B. Executive orders C. Implied Contracts D. The Whistleblower Protection Act of 1989

D

If employers are required by the PPACA to cover their employees with health care insurance, and choose not to: ______ A. Their employees will receive free health care from the government B. Their managers may go to jail C. Their employees can sue the company to obtain coverage D. They must pay a fee to the government instead

D

In 2018, employers that offer high-end health care plans (plans that cost more a certain amount dollar per year) to their employees are required to pay an additional tax based on the total cost of the plan. A. 5,500 B. 7,500 C. 17,500 D. 27,500

D

Instead of suing their employers for job-related injuries or illnesses, workers are protected by: _____ A. Federal health care insurance B. Union reimbursement funds C. Long-term care insurance D. Workers' compensation

D

Social security is what type of retirement program? A. Employer pension, paid for by employer contributions B. Tax-deferred retirement savings account, paid for by employee contributions C. Public/private partnership, funded by tax-deferred contributions D. Federal government, paid for by taxes on employers and employees

D

Temporary benefits are provided to those workers who lose their jobs through no fault of their own under: _____ A. COBRA B. ERISA C. FLSA D. FUTA

D

The concept behind the ______ is to level the playing field for employees who are in a(n) _____ with employers A. NRLA, exempt relation B. FLSA, retirement position C. FLSA, management position D. FLSA, untenable bargaining position

D

Which of the following is not an exception to the at-will employment doctrine? A. Statutory exception B. Court fashioned common law exception C. Express contract D. Oral employment contract

D

The Employee Retirement Income Security Act or ______ establishes requirements for both employer pensions and employee retirement savings accounts

ERISA

The federal statute that governs both pensions and tax-deferred retirement savings accounts is most commonly known as ________

ERISA

Which of the following are true about the restrictions for child workers?

Employees aged 14 and 15 shall work only limited hours during school days in nonhazardous jobs Employees aged younger than 14 may only work in selling/delivering newspapers

Under the PPACA., most employees are required to either provide ______ care insurance for their employees or pay a fee to the United States Government instead

Health

Workers receiving unemployment benefits under FUTA:

May be required to participate in job training Must be actively looking for a new job

The law passed to help prevent workplace injuries is known (by its initials) as: ________

OSHA

The ______ _______ Act or SSA, provides retirement income from the Federal Government, paid for by taxes on both employers and employees

Social Security

The Social Security system provides government benefits for: ________

Survivors Disability Retirement

Which of the following are often considered when determining whether an employee is exempt or nonexempt from the FLSA?

The education or skill of employees The wage of workers

In order to trigger protection under workers' compensation laws, the injury must meet which of the following main criteria?

The injury was accidental The injury occured within the scope of employment

The primary requirements for workers compensation benefits are that the injury was ______ and occurred within the course of employment

accidental

Federal and state employment regulations are intended to protect employees who have little _____ power on their own

bargaining

Some organizations promise to pay workers retirement ______, such as a pension, after the employees work for the company for a certain period of time

benefits

Identify the federal protections that the growing labor movement in the early 1900s forced the federal government to legislate

child labor laws, unionization, the working conditions of industrial employees

Unemployment compensation is intended to ______; it is not intended to reward an employee who was terminated ________

cover workers who lose their jobs because of economic difficulties, for cause

An employee who is covered by the provisions of the FLSA is also classified as a(n) ______ employee

covered

Social Security retirement benefits are based on _______ that employees earn throughout their working career

credit

While the Social Security system may be best known as a retirement system, it also provides payments if a worker becomes ______, as well as providing survivor benefits if a worker dies

disabled

The ______ is the main contributor to a retirement savings account, such as a 401(k) plan, while the employer funds a pension plan

employee

To collect workers' compensation benefits, a worker's injury must have occurred within the ______ of employment

scope

Whistle-blowers may still be terminated if their job loss is due to reasons ______ from their whistle-blowing activities

separate

Exceptions to at-will employment include employees covered by express contracts or specific ______ protection against job termination

statutory

After a certain period of time, employees are entitled to the benefits of employer pensions even if they no longer work for that organization, under a principle called: ________

vesting

States often require written documentation for child workers, known as ______ papers

working

Which of the following are addressed by federal and state laws concerning the relationship between employers and employees

working conditions, child labor, and unionization