Law ch 15

the Norris-La Gaurdia Act

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

she received a personal injury as a result of an accident at work

For an employee to have a claim under workers compensation, the employee must show:

12 weeks of unpaid leave per year for health and family-related reasons

The Family and Medical Leave Act gives employees the right to take:

National Labor Relations Act

The Wagner Act, the Taft-Hartly Act, and the Landrum-Griffin Act make up the:

hazard communication standard

The ___________ covers employees exposed to hazardous chemicals

allow employee to take a second, high quality drug test to eliminate false positive readings

To make a drug testing policy legally strong and effective in the workplace, what is a good idea if an employee fails a drug test?

airplane pilots bus drivers commercial truck drivers

Under the Omnibus Transportation Employee Testing Act, which employees must be tested for alcohol and drug use?

accidents injuries deaths

What was concentrated on by early job-safety legislation?

mandatory vesting

________ under ERISA is when an employee becomes the owner of his retirement proceeds

Wagner Act

the first phase of the National Labor Relations Act is known as the:

public sector employees

the whistle blower exception to at will employment is most likely to apply to:

the National Institute for Occupational Safety and Health Council

what agency is responsible for doing studies to help standards for workplace safety?

whistleblowing

when an employee reports an employer's illegal act

wrongful discharge

when an employer fires an employee in violation of a public policy exception to the presumption of at-will employment

the previous owners immigration compliance

when someone buys a business, the new owner becomes responsible for:

noncompete agreement

where employees agree not to leave and go into competition against the employer or go to work for a competitor for a certain time

anti-raiding covenant

where employees are required to sign, as a condition of employment, an agreement that they will not recruit fellow employees for another company when they leave their current place of employment

exculpatory agreement

where one party promises not to sue another in case of an injury caused by a tort or some other event

tort

wrongful discharge is a _________.

the Landrum-Griffin Act

A "Bill of Rights" for union members is included in:

a truck driver

A random drug test would be most likely to be justified by an employer for:

7%

About ______ of private sector belong to unions

38%

About ______ of public sector belong to unions

one third

According to the National Transportation Safety Board, alcohol or other drugs were a factor in _________ of all accidents involving truck drivers killed in highway accidents.

3.6

According to the U.S. Chamber of Commerce, workers under the influence of alcohol or other drugs are _______ times more likely to suffer an injury or cause one than someone else

is rarely done in practice because it will put inspector in bad mood

Although employers may refuse to allow an OSHA inspector in without a warrant:

more likely

An employee who reports an employer's illegal action in order to expose unsafe conditions or help law enforcement is ______________ to be protected by the whistle blower exception than an employee who reports an employer's illegal action for private gain.

less likely

An employee who reports an employer's illegal for private gain is ____________ to be protected by the whistle blower exception than an employee who reports an employer's illegal action in order to expose unsafe conditions.

sue for up to 60 days back plus fringe benefits

An employer has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can:

U.S. Court of Appeals

An unfair labor practice case is decided by the National Labor Relations Board. If one of the parties to the case is unhappy with the decision or refuses to comply with the order, the appeal will go to:

results in fewer low-skilled workers finding work

Critics of the current minimum wage system argue that the law:

required to participate in drug-testing programs

Drug agents employed by the federal government are:

may be denied FMLA coverage on a case-by-case basis

Employees among the 10 percent highest paid, whose leave would cause "substantial and grievous economic injury to the operations of the employer":

is too expensive

Employer complaints about workers' compensation generally revolve around the argument that the system:

$100 billion

Employers complain that workers' compensation insurance is too expensive. Every year employers collectively pay premiums of about:

1938 Fair Labor Standard Act

Federal minimum wage requirements were initiated in _________ as part of the ___________________.

50

For the Family and Medical Leave Act to apply to a private business, the business must have at least ________ employees.

Germany

In 1884 ___________ was the first country to adopt worker's compensation.

both statutes and application of common law rules

In addition to the contractual agreements that place limits on employment relationships, there are public policy exceptions that come from:

noncompete agreements anti-raiding covenants exculpatory agreements

In varying degrees across the states, the courts do not look with favor on certain contracts that at times are made part of the employment arrangement, what is in that category:

1930s

Job-safety legislation expanded to include occupational health and worry over long-term safety of exposure to dusts and gases in the workplace in the:

too many lifetime payment awards being given to workers who are not actually permanently disabled

Many workers' compensation systems are running out of money due to:

unfair labor practices

Most complaints filed with the National Labor Relations Board each year involve:

at the same level

Most early job-safety legislation was:

a willful or repeated violation a serious violation a non-serious violation failure to correct a violation

OSHA may impose penalties for:

where conditions are known to be dangerous where employees or others have called to complain where accidents have occurred where other agencies have noted problems

Since OSHA cannot inspect all workplaces it tends to focus on those:

protect the consumer

State licensing and regulation of occupations is supposed to:

require ppl to serve apprenticeships before getting state certification

State licensing and regulation of occupations may:

the law allows workers to buy necessities

Supporters of the current minimum wage system argue that:

all companies with more than $25,000 worth of business with the federal government

The Drug-free Workplace Act requires _______________ to certify that they will provide a "drug-free" workplace

private employers of 50 or more persons and government units

The Family and Medical Leave Act applies to all:

the president and it is considered to be quite political

The National Labor Relations Board is composed of members chosen by:

give employees and certain officials advanced notice

The Worker Adjustment and Retraining Notification Act requires certain employers planning large layoffs to:

I-9 form

The ________ is the most common way for employers to verify a prospective employee's legal right to work in the US

Worker Adjustment and Retraining Notification Act

The _________ requires employers with 100 or more full-time employees to give advance notice of a plant closing or mass layoff if 50 or more employees will be affected.

E-Verify program

The __________ allows employers to submit employee information electronically to the federal government, which checks the information against a database containing citizenship and work authorization records to determine if a potential employee can legally work in the United States.

the Norris-La Guardia Act

The ____________ declared that every worker should "have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate terms and conditions of his employment."

hazard determination

The hazard communication standard requires that chemical producers and users must conduct a __________ of each chemical they produce or use

Employment Retirement Income Security Act

The most important legislation regulating private employee retirement plans is the:

have a clearly announced policy of such tests

To increase the likelihood that substance tests performed due to "reasonable suspicion" of improper usage will be upheld, an employer should:

50% of the average manufacturing wage

Traditionally the minimum wage has averaged about:

notify employers at least 30 days in advance

Under the FMLA employees who have a foreseeable leave approaching, such as for birth, adoption, or planned medical treatment, must:

collective bargaining agents local elected officials state labor department officials

Under the Worker Adjustment and Retraining Notification Act (WARN), who besides the affected employees must be given advance notice of a plant closing or mass layoff:

death expenses permanent partial disability temporary total disability temporary partial disability total disability medical expenses

What benefits does workers compensation cover

managers independent contractors government workers

What employees are not covered by the NRLA

compliance with OSHA standards is voluntary

What is NOT true about the operation of the OSHA act?

specifications for: - machine design - stairway design - machine placement - height of fire extinguishers

What is included in OSHA's standards?

the worker must have a personal injury injury must be result of accident or occupational disease accident/disease must have arisen out of employment

What must be shown by a worker in order for her to have a claim under workers' compensation?

why the tests are done what is being tested for what will be done with the results of a drug test what will be the consequences of a drug test's results

What things should be stated in a company's substance abuse policy:

preemployment testing random testing during employment testing after any accident

What types of drug tests is required by the Omnibus Transportation Employee Testing Act:

Occupation Safety and Health administration Occupation Safety and Health Review Commission National institute for Occupation Safety & Health council

What was created by the Occupation Safety and Health Act of 1970?

protection from exposure to asbestos

What was one of the first OSHA health standards developed?

the Occupational Safety and Health Review Commission

Who is responsible for deciding administrative cases brought by OSHA?

insurance premiums are based on injury claims records

Workers' compensation provides employers with financial incentives to invest in safety in the workplace because:

Wisconsin

_________ was the first state to enact a worker's compensation law in 1911.

yellow-dog contract

a contract signed by a worker agreeing not to join a union

two thirds of a worker's gross wages

a typical disability income, up to a state-imposed weekly maximum, is about:

8%

about ________ of the working population are serious alcohol abusers

eight

about one in _________ working age people have, at some point, a substance-abuse problem

may be legal or illegal may be legal but can be illegally obtained

abused substances such as cocaine and alcohol:

employment-at-will

allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations and allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations

employment-at-will

allows employers to discharge employees for any reason at any time subject to contract obligations and has been restricted by legislatures in some states that recognize some public policy limitations on the employer's right to fire an employee

public policy exceptions

besides contractual agreements that place limits on the employment relationship, there are __________ that have arisen over the years

unionized company

cannot impose a drug-testing program unless approved by the union in collective bargaining

the state regulation of coal-mine safety that started in the late 1800s

concern about work safety and health started with:

National Labor Relations Board

created to monitor unfair labor practices and assure that union representation elections are fair

categories of benefits of worker's compensation

death, total disability, permanent partial disability, temporary partial disability, and medical expenses are all:

Employment Retirement Income Security Act

designed to guarantee the expectations of retirement plan participants and to promote the growth of private pension plans

exculpatory agreement

employees may be required to sign, as a condition of employment, an agreement that they will not sue the employer in case they are injured on the job

both courts and legislation

exceptions to the presumption of at-will employment comes from:

National Labor Relations Act

federal labor code, which consists of various major pieces of legislation

anti-raiding covenants

held to be a violation of public policy in some states and enforced in others

different in various states

legal standards, in the area of drug testing, are:

becomes the owner of his retirement benefits

mandatory vesting under ERISA means that an employee:

many poor countries have the most restricted labor markets

researchers comparing labor market flexibility in various nations found that:

the Occupation Safety and Health Act

states that employers must provide employees a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm" and that employers must "comply with occupational safety and health standards" issued by OSHA.

reduced productivity higher medical insurance costs

substance abuse directly affects employers through:

$250 billion per year

the cost to business of substance abuse, in lower productivity and higher medical insurance costs, is estimated to be about:

7 million

there are about _________ workplaces under OSHA jurisdiction

collect evidence of citizenship or of legal work status for all employees

under federal immigration law all employers must: