LGS 200 Chapter 20

What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. A) Lost benefits. B) Reinstatement. C) Criminal charges. D) Lost wages.

A) Lost benefits. D) Lost wages.

Which statement is true about qualifying for workers' compensation? A) Workers are eligible for compensation for an accidental injury that occurred on the job, regardless of fault. B) Workers are eligible for compensation for an accidental injury that occurred on the job, if the employer is at fault. C) Workers are eligible for compensation for an injury that occurred on the job caused by the employer's negligence. D) Workers are eligible for compensation only for injuries caused intentionally by the employer or a co-worker.

A) Workers are eligible for compensation for an accidental injury that occurred on the job, regardless of fault.

FMLA requires employers covered by the act to (choose 2 answers): A) allow the qualified employee to continue on the workers' health insurance plan provided by the company. B) provide up to 12 weeks of unpaid leave in one year for qualified employees. C) return the employee to their same position upon return from leave. D) provide up to 12 weeks of paid leave in one year for qualified employees.

A) allow the qualified employee to continue on the workers' health insurance plan provided by the company. B) provide up to 12 weeks of unpaid leave in one year for qualified employees.

What act requires most employers with fifty or more full-time employees to offer health-insurance benefits?

Affordable Care Act

the Occupational Safety and Health Act (OSHA)

At the federal level, the primary legislation that protects workers from dangerous conditions on the job is:

Which of the following workers are generally NOT eligible for workers' compensation (choose 3 answers)? A) Construction workers B) Domestic workers C) Temporary workers D) Agricultural workers

B) Domestic workers C) Temporary workers D) Agricultural workers

An employee is entitled to workers' compensation if the accident: A) was the fault of the employee. B) occurred on the job or in the course of employment. C) was the result of negligence. D) was the fault of the employer.

B) occurred on the job or in the course of employment.

Under the Fair Labor Standards Act (FLSA) employers must: (Choose 2 answers.) A) develop a written chain of command in the company's management. B) pay nonexempt employees at least the federal minimum wage. C) pay overtime to eligible employees. D) never hire children under the age of 16.

B) pay nonexempt employees at least the federal minimum wage. C) pay overtime to eligible employees.

Employers may obtain workers' compensation insurance via: (Choose 2 answers.) A) paying into a mutual fund. B) paying into a state fund. C) paying into a federal fund. D) a private insurer.

B) paying into a state fund. D) a private insurer

Which of the following is the most important distinction of employment at will? A) An employee has a high degree of skill and a specialized job. B) An employee uses the employee's own tools for doing his or her work. C) Either party may terminate employment at any time for any reason. D) Employees at will are independent contractors.

C) Either party may terminate employment at any time for any reason.

What act enables employees to continue, for a limited time, their health-care coverage after they are no longer eligible for group health-insurance plans.

Consolidated Omnibus Budget Reconciliation Act

If the employee is fired outside the terms of the implied contract, he or she may succeed in an action for breach of contract even though no written employment contract exists. What type of doctrine based theory is established here?

Contract Theory

Where do the funds to pay out workers' compensation claims come from? A) Businesses must maintain privately held savings accounts. B) Business contributions to a federally held fund C) Businesses form alliances and hold funds in joint savings accounts. D) Business contributions to a state held fund

D) Business contributions to a state held fund

A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply? A) Public Policy B) Tort Law C) Statutes D) Contractual Agreements

D) Contractual Agreements

FMLA applies to: A) employers who maintain a paid medical leave program. B) employers with 25 or more employees. C) government employers. D) employers with 50 or more employees.

D) employers with 50 or more employees.

What act prohibits employers from intercepting an employee's personal electronic communications unless they are made on devices and systems furnished by the employer?

Electronic Communications Privacy Act

Which Act restricts the manner in which employers collect, use, and disclose the health information of employees and their families?

Employer-Sponsored Group Health Plans (HIPAA)

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise

Employment at Will

T/F- Federal law that allows employees to take time off of work for family or medical leave supersedes state and local laws that provide more generous benefits.

False

T/F- To receive benefits under state workers' compensation law, an employee injured in the job must promptly sue the employer.

False

T/F-Manufacturers and suppliers entering into contracts with agencies of the federal government are exempt from federal wage-hour requirements.

False

T/F- any employee who works more than forty hours per week must be paid no less than 1.5 times her or his regular pay for all hours worked over forty which includes executive and administrative employees

False, executive and administrative employees are exempt from the FLSA's overtime provisions

When an employee takes FMLA leave, the employer doesn't have to continue the worker's health-care coverage on the same terms as if the employee had continued to work.

False, they MUST

T/F- Corporations don't have to pay employees when they clock out for bathroom breaks.

False,all workday breaks of twenty minutes or less are compensable time.

up to 12 weeks of unpaid leave

How much time off does the Family and Medical Leave Act (FMLA) provide?

A federal government health-insurance program administered by the Social Security Administration for people sixty-five years of age and older and for some under age sixty-five who are disabled.

Medicare

The lowest wage, either by government regulation or by union contract, that an employer may pay an hourly worker.

Minimum Wage

This act empowers a branch of the U.S. Department of Labor to enforce its provisions governing employers that have private pension funds for their employees.

Private Retirement Plans

If a salesperson is fired because she refuses to participate in falsifying consumers' credit applications as instructed by her employer, she can sue for wrongful discharge as a matter of?

Public Policy

Dale Yurk was employed at Application Software Technology (AST) Corporation. He discovered that AST was planning to reuse and resell software that it had developed for the city of Detroit. Yurk contacted his superiors—including the company's chief executive officer—and told them that he believed the resale infringed on the city's intellectual property rights. Shortly afterward, AST terminated Yurk's employment. What type of doctrine based theory is established here? What could Yurk sue for?

Public Policy Theory Violation of public policy theory and Whistleblower Protection Act

What act provides for old-age (retirement), survivors', and disability insurance.

Social Security Act

What Act requires contractors and subcontractors working on federal government construction projects to pay "prevailing wages" to their employees?

The Davis-Bacon Act

What Act extended wage-hour requirements to cover all employers engaged in interstate commerce or in producing goods for interstate commerce. Certain other types of businesses were included as well. The FLSA, as amended, provides the most comprehensive federal regulation of wages and hours today.

The Fair Labor Standards Act

What act allows employees to take time off work for family or medical reasons or in certain situations that arise from military service?

The Family Medical Leave Act

What Act applies to U.S. government contracts. It requires that a minimum wage, as well as overtime pay at 1.5 times regular pay rates, be paid to employees of manufacturers or suppliers entering into contracts with agencies of the federal government.

The Walsh-Healey Act

Which act requires these employers to provide sixty days' notice before implementing a mass layoff or closing a plant that employs more than fifty full-time workers.

The Worker Adjustment and Retraining Notification Act (WARN)

Goldfinch Consulting, Inc., induces Brianna to leave a lucrative job and move to another state by offering her "a long-term job with a thriving business." In fact, Goldfinch is not only having significant financial problems but is also planning a merger that will result in the elimination of the position offered to Brianna. If she takes the job in reliance on Goldfinch's representations and is fired shortly thereafter, Brianna may be able to bring an action against the employer for fraud.

Tort Theory

T/F- To be eligible for unemployment compensation, a worker must be willing and able to work

True

T/F- When an employee receives tips on the job, federal law requires the employer to pay the employee the difference between the amount of the tips and the federal minimum wage.

True

T/F- When filing a workers compensation claim, instead of suing the employer, an injured worker files a claim with the state agency or board that administers local workers' compensation claims.

True

T/F- any employee who works more than forty hours per week must be paid no less than 1.5 times her or his regular pay for all hours worked over forty which excludes administrate and executive employees

True

T/F- employment relationships are traditionally governed by the common law doctrine of employment at will

True

T/F- if a state requires employers to give employees one day off per week, an employee who works that day may be entitled to overtime wages.

True

T/F-On returning from FMLA leave, most employees must be restored to their original position or to a comparable position (with nearly equivalent pay and benefits, for instance).

True

The creation of an absolute or unconditional right or power

Vesting

What gives an employee a legal right to receive pension benefits when she or he stops working.

Vesting

Public Policy Agency Law Tort Theory

What are the 3 exceptions of employment at will?

- submission of reports. - posting certain notices in the workplace. - maintaining certain records.

What are things the Occupational Safety and Health Act (OSHA) require of most businesses?

- Employers pay into a privately-run insurance plan, and claims are paid by the insurance. - Employers pay into a state-run insurance plan, and claims are paid by the insurance. - Employers are self-insured and pay claims out of company funds.

What are three ways that state workers' compensation claims are funded?

An employee's disclosure to government authorities, upper-level managers, or the media that the employer is engaged in unsafe or illegal activities.

Whistleblowing

A state statute establishing an administrative procedure for compensating workers for injuries that arise out of, or in the course of, their employment, regardless of fault.

Workers' Compensation Laws

An employer's termination of an employee's employment in violation of the law or an employment contract.

Wrongful Dischare

If while firing a female employee, an employer publicly discloses private facts about her sex life. What could she sue for?

Wrongful Discharge and Invasion of Privacy

Devon takes temporary family leave from her job at Equipment Rentals & Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment Rentals & Sales must a) continue it b) suspend it c) terminate it d) must add the baby to it

a) continue it

With respect to governing the workplace, statutory law a) has displaced common law doctrines to a large extent b)is superseded by common law principles c) is given effect only when it aligns with common law precedents d) applies to dispute only in the absence of a common law rule

a) has displaced common law doctrines to a large extent

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 a) store him to his same position or a corporate position b)reimburse him for his expenses while on leave c) promote him to the status of a key employee d) do nothing

a) store him to his same position or a corporate position

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 a) an example of the doctrine. b) an exception based on contract theory. c) an exception based on public policy. d) an exception based on a statute.

c) an exception based on public policy.

Blanca is an at-will employee of Commercial Data Company. In firing Blanca, Dart, a Commercial Data manager, publicly discloses, via social media, private facts about Blanca's personal life. She successfully sues the employer for wrongful discharge. With respect to the employment-at-will doctrine, this is a) an example of the doctrine. b) an exception based on contract theory. c) an exception based on public policy. d) an exception based on tort theory.

d) an exception based on tort theory.