Chapter 34

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A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

False

A worker who has voluntarily left his or her job qualifies for unemployment compensation to partially make up for the worker's loss of income.

False

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment.

False

An employer can eliminate a worker's medical, optical, or dental insurance coverage on the voluntary termination of the worker's employment.

False

An employer can waive or reduce the federal overtime pay requirements if the waiver or reduction is applied to all otherwise eligible and ineligible employees.

False

An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.

False

An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.

False

An express employment contract cannot protect an employee from discharge without good cause.

False

During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee to avoid the potential negative effect of unpaid leave on interstate commerce.

False

For a union election to be held, the organizers must show that a majority of the workers support the union.

False

In states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled only to the lower federal amount.

False

Notifying employees that their e-mails and phone calls may be monitored protects an employer who also monitors social media posts and text messages from liability for invasion of privacy.

False

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country.

False

To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.

False

To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.

False

An eligible employee may take unpaid leave under the Family and Medical Leave Act for family or medical reasons, and in certain situations that arise from military service.

True

An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.

True

An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.

True

Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.

True

During collective bargaining sessions, both parties may engage in hard bargaining, but the process must be geared to reaching a compromise.

True

Federal wage-hour requirements apply to all employers engaged in interstate commerce, in producing goods for interstate commerce, and in certain other businesses.

True

Private employers are generally free to hire and fire workers at will.

True

The Immigration Act limits the number of legal immigrants entering the United States.

True

The National Labor Relations Act established the right of private-sector employees to form unions and to strike.

True

The permissibility of a private employer's drug testing of employees may hinge on whether the testing is reasonable.

True

To be eligible for unemployment compensation, a worker must be willing and able to work.

True

When workers must be laid off, the company cannot consider union participation as a criterion for deciding whom to fire.

True

Owen is an employee of Paving Inc., which is performing a contract for the federal government. Owen learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is

an exception based on a statute.

Frank is an employee of Guitar Makers LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

an exception based on contract theory.

Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement. With respect to the employment-at-will doctrine, this is

an exception based on public policy.

Games Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they

are fired for gross misconduct.

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

bargain collectively with their employer through their representative.

Gobi is an employee of Haz-Mat, Inc. He refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Gobi may be

entitled to protection from discharge.

Rico works for Street Tacos Inc. The basis for Rico's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for his loss of income on retirement is

his annual wage base.

Technicians Union represents the workers of United Engineering Inc. The union and the employer bargain in good faith but are unable to reach an agreement because of genuine differences of opinion. The union may call a strike

if the parties are deadlocked.

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform

its employees.

Finance Accountants, P.A., is a private employer. In most circumstances, federal law generally prohibits Finance from subjecting its employees to

lie-detector tests.

After a union election campaign among the employees of Frozen Food Company, the Food Workers Union does not obtain a majority vote in the election. This most likely violates

no federal or state law.

Vehicle Assembly Inc. operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to 1. refer for a fee persons not authorized to work in the United States. 2. hire persons not authorized to work in the United States. 3. none of the choices. 4. recruit persons not authorized to work in the United States.

none of the choices.

Steel Mill Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel must do all of the following except

pay employees higher wages for working in more dangerous areas.

Good faith in collective bargaining between a union and an employer does not include

rejecting a proposal without offering a counterproposal.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

restore him to his same position or a comparable position.

Ceramic Workers Union represents the workers of Delta Tile LLC. The union fails to hold elections for union officers. This most likely violates

the Labor Management Reporting and Disclosure Act.

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

the National Labor Relations Act.

Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in

the employer's liability for breach of contract.

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

the federal government.

Retail Company is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is

the highest minimum wage.

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

to go on an extended family vacation.

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants

under no circumstances.

Tom is seventeen years old. Under the Fair Labor Standards Act, he cannot

work in a hazardous occupation.


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