Employment Law Midterm

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Employers whose employees misappropriate trade secrets cannot be entitled to obtain and injunction in this regard as employers shall be considered to have committed contributory negligence

False

Federal employment liability act provided that codes of fair competition for each industry could limit child labor

False

For a person to be "fully insured" by social security, they must accrue a minimum of 30 quarters of contributions.

False

Genetic testing is not considered a serious intrusion into the privacy of employees by an employer

False

If the employer fails to correct a cited violation after it has become final, a fine will be imposed of no more than $100 a day.

False

Individuals found guilty under SOX's criminal provision can be imprisoned up to 15 years

False

Negligent infliction of emotional distress is not recognized by any jurisdiction

False

Neither private nor public sector employers have rights to monitor the use of employer-owned computers

False

Occupational Safety and Health Act (OSHA) does not offer protection to employees who cooperate during investigations or testify at hearings from employer retaliation, such as employment termination

False

One of the primary objectives of the Immigration Reform and Control Act (IRCA) of 1986 is to meet the globalization of corporations, trade, and manufacturing head on

False

Private employers are not covered by qualified privelege

False

Section 3(a) of the Model Employment Termination Act states "an employer may terminate the employment of an employee without good cause"

False

The Alien Tort Statute is likely to have a high impact upon the way US corporations deal with their overseas employees

False

The Fair Labor Standards Act (FLSA) is enforced by the National Labor Relations Board

False

The Fair Labor Standards Act prohibits all forms of child labor

False

The Federal Employment Liability Act (FELA) was enacted in recognition of the incredible number of casualties in the mining industry

False

The Occupational Safety and Health Act does not apply to employees who work for an employer that is engaged in a business affecting interstate commerce.

False

The US Citizenship and Immigration Services (USCIS) is responsible only for the administration of immigration and naturalization adjudication functions and not for establishing the immigration services policies and priorities

False

The government regulation of minimum wage is an attempt to reduce disparity and bring the earnings of workers closer to industry standards.

False

The knowledge of reckless disregard of the falsity of a communication is known as slander

False

The purpose of the Immigration Reform Act (IRCA) of 1986 is to provide solution for controlling both legal and illegal immigration to the United States

False

UNI claims that signing global agreements with targeted companies would lead to the organization's focus going backward

False

Unemployment compensation litigation starts with the active worker's application for benefits.

False

Union Network International (UNI) does not seek to organize workers on an international scale, but merely administers the functioning of unions

False

"Trade secret" is another name for proprietary information

True

Alcohol and drug abuse during working hours are reasons for suspicion of substance abuse

True

Drug testing does not require a specific reason and can be random

True

ERISA imposes standards of conduct and responsibility of fiduciaries of benefit plans established or maintained by employers and unions engaged in or affecting interstate commerce.

True

Employer compliance with IRCA includes that employers verify the employment eligibility of any employee hired

True

If an employer or a class of employers believes that the Occupational Safety and Health Act standard is inappropriate to its particular situation, an exemption, or variance, may be sought

True

Immigration Reform and Control Act (IRCA) restricted the ability of many foreign students to adjust their status to that of lawful permanent resident aliens

True

In context of employment laws, tortious interference with contract is a commonly committed tort

True

Malice implies animosity towards somebody in the generic sense

True

Misappropriation of trade secrets is considered a crime in some states

True

Monitoring of behavior from a distance by means of electronic equipment or other means of technology is known as surveillance

True

One of the most commonly committed workplace torts is defamation

True

Persons not normally considered fiduciaries, such as consultants or advisers, may be found to be fiduciaries when their expertise is used in a managerial, administrative, or advisory capacity for a retirement plan.

True

Qualified privilege is recognized by law

True

Section 10 of the Model Employment Termination Act forbids retaliation against employees who make claims or who testify under the procedural provisions of the META

True

Surveillance and eavesdropping are techniques commonly associated with police, spies and military intelligence

True

The Alien Tort Claims Act was enacted in 1789 as part of the original Judiciary Act

True

The Equal Pay Act is an amendment to the Fair Labor Standards Act

True

The Fair Labor Standards Act was first enacted in 1938 in order to deal with issues such as minimum wages, overtime entitlements, and even child labor.

True

The Federal Employment Liability Act (FELA) was passed in the year 1908

True

The International Labor Organization (ILO) is the branch of the United Nations charged with developing and promulgating uniform labor and employment standards internationally

True

The National Labor Relations Act preempts a requirement to submit the claim to binding arbitration, and sovereign immunity, where public employers are targeted

True

The Occupational Safety and Health Act allows the employer and a representative authorized by the employees to accompany the inspector during a physical inspection of the sight

True

The Occupational Safety and Health Act provides for the issuance of three kinds of standards: interim standards, permanent standards, and emergency standards

True

The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause serious injury or death.

True

The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause, serious injury or death

True

The Occupational Safety and Health Act was enacted by congress in 1970.

True

The Sarbanes-Oxley Act amended the Employee Retired Income Security Act (ERISA)

True

The Union Network International has laid special emphasis to build more effective alliances in multinationals

True

The fundamental US immigration statute is the Immigration and Nationality Act (INA) of 1952

True

The greatest amount of litigation is in drug testing, which has been instigated due to internal investigation

True

The supreme court held that the NIRA was an unconstitutional delegation of congressional power in 1935 case Schecter v. Poulty Corp.

True

Under the FLSA, minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or non-mining occupations for limited hours outside school hours

True

Under the social security system, a worker is considered disabled when physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death.

True

Workers compensation has been left primarily to the states to administer

True

Workers' compensation, as it has been instituted in virtually every state, is a statutory tradeoff

True

Younger people must earn some social security credits to qualify for disability benefits.

True

The Occupational Safety and Health Act applies to federal and state governments in their capacity as employers

false

Employees who are engaged in the production of goods for interstate commerce are not subject to the Fair Labor Standards Act

False

Employees who test positive for substance abuse are referred to the Employee Opportunities Corporation

False

A de minimis violation is a significant technical violation

False

According to the law, a workweek consists of seven consecutive days and requires the workweek start on a Monday.

False

After a standard has been promulgated by the Secretary of Labor, any person, even if he or she is adversely affected by it, cannot challenge the validity of the standard

False

An implied contract is a contract which is made either verbally or in writing

False

Any individual with a claim against the fund used for benefit plans can directly seek legal remedies from the courts without proceeding an internal arbitration

False

As a general proposition, immigration law and policy are not deemed to be the exclusive provinces of the federal government

False

Confidentiality and non-competition agreements are entered into by the employers on behalf of the employees while hiring the employees

False

Defamation and slander are two kinds of libel

False

Employees cannot be terminated under the public policy exception

False

Employees covered by the Fair Labor Standards Act are entitled to overtime pay double the rate of their regular pay for hours worked in excess of forty hours per workweek

False


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