Ch 38

The Employment Relationship

If the employment contract states a specific duration, the employer cannot terminate the contract at an earlier date unless just cause exists If no definite time period is set forth, the individual is an at-will employee.

hich of the following are examples of mandatory subjects of bargaining? Selected Answer: d. All of the above are correct. Answers: a. employees' wages b. the hours of employees c. the working conditions of employees d. All of the above are correct.

all are correct

Which of the following is true? Selected Answer: b. Under the National Labor Relations Act, employees have the right bargain collectively. Answers: a. Under the National Labor Relations Act, employees have the right to self-organize. b. Under the National Labor Relations Act, employees have the right bargain collectively. c. The administration of National Labor Relations Act is entrusted to the National Labor Relations Board. d. All of the above are true.

all are true

IRCA

was designed to stop illegal immigration by eliminating job opportunities for these aliens.

The Occupational Safety and Health Act

(1) the establishment of safety and health standards and (2) effective enforcement of these standards.

Because of the harsh effect of the employment-at-will doctrine courts have carved out various exceptions to the doctrine based on:

-Contract theory -Tort theory and -Public policy

Twelve-week maternity, paternity and adoption leaves are available

Family Medical Leave Act.

The Immigration and Naturalized Act (INA)

Administration of these laws was formerly under the Immigration and Naturalization Service and is now reorganized under the Department of Homeland Security (DHS) as the United States Bureau of Citizenship and Immigration Service (USCIS)

histle-Blower Protection under the Sarbanes-Oxley Act (2002):

Contains reforms for corporate accountability, disclosure, and liability for corporate records.

Justifiable Discharge may include discharge for

Nonperformance; Misrepresentation or fraud in obtaining employment; Disobedience of proper directions; Disloyalty; Theft or other dishonesty Possession or use of drugs or intoxicants; Misconduct Incompetence

The FLSA prohibits oppressive child labor.

Under the FLSA, any employee who agrees to work more than forty hours per week must be paid no less than one and a half times her or his regular pay for overtime pay unless the employee is exempt.

Which of the following is true? Selected Answer: c. Both a. and b. Answers: a. An employer must give an at-will employee a justifiable reason for termination. b. Public policy exceptions are often made to the employment-at-will doctrine. c. Both a. and b. d. Neither a. nor b.

b. Public policy exceptions are often made to the employment-at-will doctrine.

The ___________ entitles an eligible employee to a total of 12 workweeks of unpaid leave during any 12 month period because of the birth or adoption of the employee's son or daughter. Selected Answer: b. Family Medical Leave Act Answers: a. Occupational Safety and Health Act b. Family Medical Leave Act c. National Labor Relations Act d. None of the above.

b. Family Medical Leave Act

Unemployment compensation

benefits are paid to persons for a limited period of time if they are out of work through no fault of their own.

Which of the following is true? Selected Answer: c. Both a. and b. Answers: a. An employee is hired to work under the control of the employer. b. Collective bargaining contracts govern the rights and obligations of employers and employees in private and public areas of employment. c. Both a. and b. d. Neither a. nor b.

both a and b

individual Employment Contracts

both parties must assent to the terms of an employment contract. Subject to statutory restrictions, the parties are free to make contracts on any terms they wish

Which of the following is true? Selected Answer: a. The National Labor Relations Act allows states to enact right to work laws. Answers: a. The National Labor Relations Act allows states to enact right to work laws. b. The employer has the obligation under the NLRA to bargain with the union in good faith over wages, hours and working conditions. c. Both a. and b. d. Neither a. nor b.

c. Both a. and b.

hich of the following is true? Selected Answer: a. The Sarbanes-Oxley Act was enacted to restore investor confidence in financial markets following the exposure in 2001-2002 of widespread misconduct by directors and officers. Answers: a. The Sarbanes-Oxley Act was enacted to restore investor confidence in financial markets following the exposure in 2001-2002 of widespread misconduct by directors and officers. b. The Sarbanes-Oxley Act prohibits a publicly traded company or any agent of it from taking an adverse employment action against an employee who provides information or testifies in proceedings regarding mail, wire, bank or securities fraud. c. Both a. and b. d. Neither a. nor b.

c. Both a. and b.

collective Bargaining Contracts

contracts govern the rights and obligations of employers and employees in may private and public area of employment.

employment-at-will doctrine

doctrine in which the employer has historically been allowed to terminate the employment contract at any time for any reason or for no reason

primary picketing

legal presentations in front of a business notifying the public of a labor dispute

mass picketing

illegal tactic of employees massing together in great numbers to effectively shut down entrances of the employer's facility

E- Mail monitoring

is a primary means of communication in many of today's businesses, serving for some employee as an alternative to faxes, telephones, or the U.S Postal Service . Employers may want monitor employees e-mail messages to evaluate the efficiency and effectiveness of their employees or to corporate security purposes.

secondary picketing

picketing an employer with which a union has no dispute to persuade the employer to stop doing business with a party to dispute; generally illegal under NLRA

Workers' compensation laws

provide for prompt payment of compensation and medical benefits to persons injured in the course of employment without regard to fault.

Many states have "right to know" laws

require employers to inform their employees of any hazardous substances present in the workplace.

shop right

right of an employer to use in business without charge an invention discovered by an employee during working hours and with the employer's material and equipment

E-Verify

system is an internet-based voluntary system that electronically compares information on I-9 forms with records at the Social Security Administration and the Department of Homeland Security (DHS).