Chapter 39 & 40

Right-to-work laws

make it illegal for employers to agree with unions that union membership be required for continuing employment.

The Employee Retirement Income Security Act establishes rules regarding each of the following except

minimum interest rate returns on investments by pension and retirement savings plans.

The False Claims Act allows the reporting party to file a lawsuit against the organization that is accused of the fraud and to __________.

receive a portion of any monetary recovery

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 of age.

18

The Fair Labor Standards Act imposes restrictions on hiring workers under

18 years old.

The Family and Medical Leave Act applies to employers with a minimum of

50 full-time employees.

According to the National Whistleblower Center, approximately __________ percent of the money recovered under the False Claims Act over the past decade was from cases brought by employees of contractor firms.

70

If an employee is killed on the job, the Occupational Safety and Health Act requires that the employer notify the administration as soon as possible but no later than __________ after the accident.

8 business hours

The __________ updated existing wiretap laws and restricts an employer from monitoring an employee's personal calls without the employee's consent.

Electronic Communications Privacy Act

One of the most important aspects of New Deal legislation was the enactment of various employment laws, one of which was the __________.

Fair Labor Standards Act

Management is permitted to voice objections to the formation of a union under the

Labor Management Relations Act.

Federal employees are protected from retaliation for whistleblowing by the __________.

Whistleblower Protection Act of 1989

In Bammert v. Don's Super Valu, Inc., the __________ Supreme Court refused to apply the public policy exception when the wife of a police officer alleged that she was fired in retaliation after her husband arrested her employer's wife.

Wisconsin

With regard to polygraph tests,

a privately owned drug company may require tests of its employees

Eligible workers who take leave under the Family and Medical Leave Act

are not entitled to be paid their salary, but the employer must continue providing medical benefits.

State licensing statutes and regulations compel workers to __________ in order to legally work in a licensed profession.

complete a training program , pass an exam, to pay of fee

One major exception to the employment-at-will rule is when an employee has an express __________ relationship with the employer that is intended to displace the employment-at-will rule.

contractual

A proposed federal bill forbidding employers from requesting user names and passwords, called the Password Protection Act, was introduced in 2015, it then __________.

died in committee.

Certain federal and state statutes __________ common law employment-at-will rules.

displace

Typically, an employment contract will provide that employers may terminate the employee only for __________.

good cause

The covenant of __________ and fair dealing, adopted by a minority of states, represents a significantly different approach to the traditional notions of an employment-at-will relationship.

good faith

In McQueary v. The Pennsylvania State University, Pa. Ct. of Common Pleas, No. 2012-1804 (2016), what proceeding led up to McQueary being fired?

grand jury testimony

Which state does not recognize the common law exceptions of the employment-at-will rule on employees?

florida

Unsafe workplace conditions are monitored and regulated under

OSHA

__________ states have extended protection of at-will employees beyond the traditional statutory protection provided by antidiscrimination and false claims laws.

Some

__________ have the right to engage in picketing at the employer's facilities, although there is no right to picket at the actual property site owned by the company.

Strikers

Courts will consider the public policy objective to be explicit and well established if it is related to:

an existing estate, the state constitution, and previously established policy

Suppose that Aubrey, an at-will employee at Costco, injures her arm on the job. Costco's manager tells Aubrey that the company frowns on employees who file claims under the workers' compensation law. Aubrey files the claim and is fired one week later without being given a reason. Under what theory(ies) would Aubrey be able to sue Costco for illegal termination?

an existing statute, the state constitution, and previously established policy

Under the Pennsylvania Whistleblower Act, the __________ shifted from McQueary to Penn State to prove that the termination was for "separate and legitimate reasons" from any whistleblowing activity.

burden

Congress provided clarification by amending the FLSA with the Portal-to-Portal Act to provide guidelines regarding what constitutes __________ work.

compensable

The FLSA applies to all employees of enterprises that employ workers engaged in:

inerstate commerce, produce goods for interstate commerce, & handle, sell, or otherwise work own goods to material in interstate commerces

The public policy exception is a __________ applied common law rule that places the public welfare ahead of the rights of an employer.

narrowly

If an employer does offer retirement benefits, they are typically offered in the form of a __________ or through a tax-deferred retirement savings account such as a 401(k) plan.

pension

The most widely used exception that displaces the employment-at-will rule recognizes that allowing employers to terminate an employee for certain reasons may contradict __________.

public policy

Employers may not terminate an employee as __________ for reporting the employer to the authorities.

retaliation

In Wurtz v. Beecher Metro District, 848 N.W.2d 121 (Mich. 2014), the court ruled:

ruled in favor of the District

Who would most likely not be a key employee?

security guard

The employment-at-will doctrine does not apply cases where (1) the employee has an express contract, (2) courts have fashioned a common law exception that protects the employee, or (3) __________.

some specific statutory protection against job termination

A __________ is a person who reports illegal conduct committed by employees, directors, and executives of a company.

whistleblower

The Federal Unemployment Tax Act of 1935 was enacted to provide limited assistance to

workers who had been temporarily or permanently terminated from their employment through no fault of their own.