LAW 322 Exam 4

Strike during cooling-off period

A struck during the 80 prohibition of a struck by court due to national public health or security

Sit-in Strike

Any occupation of an employer's facility for the purpose of a work stoppage

What is the FMLA?

Applies to employers with at least 50 employees, mandates up to 12 months unpaid leave

Disparte treatment?

McDonnell Douglas Standard; overt and intentional discrimination based on membership is a protected class

What does the FLSA protections include?

Minimun wage, max hours, overtime, child labor

What is COBRA?

Offers continuous health care coverage after employee has been terminated.

Reasonable Accommodations

as long as accommodations do not cause undue hardship cost or substantially changes

quid pro quo

asking for sexual favors based on job, one thing exchanged for something else

Regarded as

having an impairment by an employer even if not actual disability

For an employment qualification test to be valid under the EEOC issued Uniform Guidelines on Employment Selection Criteria 80% rule:

he percentage number of those passing in any protected class must not be less than 80% of the percentage number of those passing in the highest scoring protected class.

The Consolidated Omnibus Reconciliation Act (COBRA) addresses:

health benefits; COBRA mandates that employers provide continuous health care coverage to employees terminated, even if terminated for cause.

What is HIPPA?

sets rules to protect employee medical records from disclosure.

What is substantially younger?

10 years

WARN requires notice of how many workers?

50 or more.

Which of the following is specifically exempt by statute from National Labor Relations Act coverage?

Airline employees; Railroad workers and airline employees are, by statute, exempt from NLRA protections.

Which of the following is one of the ground on which BFOQ is sometimes recognized?

Customer privacy; BFOQs are recognized if customer modesty or privacy is necessary to accommodate.

What determines exemptions from overtime coverage?

Education or skill level, certifications required for the position, salary level, compensation method; amount of physical labor required; amount of repetitive task; degree of supervision

ADA?

Employers with 15 or more employees make reasonable accommodations for disabled

Affirmative action programs are designed to prevent future discriminatory practices.

False; Affirmative action identifies past problems and uses structured programs to remedy them in the present. It does not foresee and address future potential problems

Strickes are valid and permitted only when conducted in conduction with a collective bargaining context.

False; Although most strikes occur in a collective bargaining context, unions may also commence a strike against an employer who is engaging in unfair labor practices.

Fred and Wilma have been working full time for a large corporation for three years. They are married and are expecting their first child in two months. They both request leave under the FMLA. Wilma must be granted leave under the FLMA; Fred may be denied because the corporation is only required to accommodate one family member at a time for the same occurrence.

False; Both Fred and Wilman are entitled to leave.

Any time that a man and a woman work for the same employer, doing the same job, they must be paid equally under the Equal Pay Act

False; Even when performing the same job, pay between the sexes may be difference in cases of differing seniority, merit difference or if the workers are paid per item assembled.

The mandate given to The Equal Employment Opportunity Commission is that they are required to pursue any discrimination based claims made by aggrieved employees.

False; The EEOC cannot litigate every claim made and selects those of major legal significance or those where the employer's conduct is egregious.

The Equal Pay act was written primarily to prohibit racial discrimination in pay.

False; The EPA was written to address unequal pay between men and women

The Fair Labor Standards Act is administered and enforced by the Equal Employment Opportunity Commission (EEOC)

False; The FLSA and its regulations are administered and enforced but the U.S. Department of Labor

Telling dirty jokes and making inappropriate comments about a woman's anatomy are explains of quid pro quo sexual discrimination.

False; these actions would be hostile work environment

Mixed motives?

Hopkins; legitimate motives are mixed with illegitimate motives

What are the child labor laws for ages 14-15?

Limited hours during school days, only non-hazardous jobs

Disparate impact?

Neutral but discriminatory impact.

What are the child labor laws under age 14?

No employment except newspaper sale and delivery

What are the child labor laws for ages 16-17?

No limit on hours, but cannot work hazardous jobs

Age Discrimination Employment Act? (ADEA)

None against employee over 40 years old; applies to companies with 20 or more employees

OSHA was designed to promote workplace safety.

True

The Age Discrimination in Employment Act has a provision that recognizes BFOQs; however, the ADA does not expressly recognize BFOQ defense.

True

MAK Sporting Goods Corp. employs approximately 100 employees in a very large manufacturing facility. The workforce is divided into units (baseball, football, tennis, etc.) and each unit is assigned particular space within the facility. The units are segregated and employees from one unit may not venture into other unit's areas. Management has detected significant looses of stock regarding the tennis ball unit. While investigating this apparent theft , MAK may request that all those associated with the tennis unit submit to polygraph tests, but my not subject other employees to such test.

True; Only those subject to a legitimate investigate may be asked to submit a polygraph test. Other who are not involved or subject to investigation may not be asked or compelled to take the polygraph test.

What is a wildcat strike?

When individual union members or small groups go on strike without union authorization. E.g. Sick time to cause slowdown

hostile work environment

created offensive work environment

Secondary boycotts

directing a strike against a third party

The FLSA does not regulate:

discriminatory employment practices; This issue is covered under the Civil Rights Acts of 1964

Workers compensation:

does not require proof of the employer's fault; The most important aspect of the workers' compensation system is that the employee is paid regardless of any issues related to fault or ordinary negligence of the employee or the employer.

burden of proof

duty to prove a disputed assertion or charge

What is vesting?

employees are entitles to their benefits from various employer contributed benefit plans, and are entitle within a certain period, usually 5 years, even if they no longer work for their employer.

pretext

make pretend reason, not actual reason for the action

prima facie case

plaintiff must show member of protected class

Which of the following inclusions in a want ad would likely be considered discriminatory?

recent college graduates wanted

The Americans with Disabilities Act Amendments Act (ADAAA):

redefined disabilities to include conditions that could be corrected through medication, artificial aids or other assistive technology.

The Workers Adjustment and Retraining Notification Act (WARN Act) is triggered when:

there are going to be layoffs of six months or more