CH. 42 HW BUS LAW
An employer can, from their statements or through their employment handbook, create what form of employment relationship?
An implied employment contract
Under the Fair Labor Standards Act (FLSA), the United States __________ increases the minimum wage for employees to compensate for increases in cost of living.
Congress
What federal law bans the interception of personal email by an employer in the workplace?
ECPA
What federal law protects employees' established pension plans?
ERISA
True or false: Employees do not have a reasonable expectation of privacy when using their employee's email system.
True
In most states, private employers have what rights to drug test their employees?
Employers enjoy almost unfettered discretion to test their employees.
According to the National Labor Relations Board (NLRB), employer policies should prohibit the discussion of wages and working conditions among employees.
False
Under FMLA, the plaintiff can recover all but which of the following? (Choose one answer.)
Reimbursable expenses
Which of the following events are covered by the FMLA? (Check all that apply.)
Serious illness of a spouse, parent or child The adoption of a child The birth of a child
____________ picketing prevents deliveries or services to the employer.
Signal
What is the term for a temporary concerted withdrawal of labor?
Strike
Under the premises rule, if an individual is injured on company property while he or she is leaving from work, which of the following is true?
The court will generally find that the individual was on the job at the time of injury.
FUTA is a federal law instituting a system to provide for unemployment compensation. Who manages the unemployment system itself?
The states
Before enactment of the Immigration Reform and Control Act in 1986, there was virtually no risk for employers who hired undocumented immigrants.
True
True or False: Employers subject to the FLSA must pay their workers at least the federal minimum wage.
True
How soon after an injury is a worker usually required to notify an employer and file a claim with the workers' compensation board?
Within 30 to 60 days after the injury
What type of laws guarantee an injured worker the right to recover for injuries without having to sue his or her employer?
Workers' compensation laws
Regarding the Wagner Act, the process whereby workers organize collectively and bargain with employers regarding the conditions of employment is called ______________ __________________.
collective bargaining
In the case of childbirth, an employee intending to take FMLA leave must notify the employer: __________.
at least 30 days prior to the birth
Employers are in the strongest legal position when they have a clear policy preventing: ____________.
any reasonable expectation of employee privacy
If a workers' compensation claim is denied, most states provide an agency ____________ process.
appeals
A(n) ___________ is a refusal to deal with, purchase goods from, or work for a business.
boycott
The purpose of a(n) ______ is to prohibit a business from carrying on as normal and force it to accede to the demands of the ______.
boycott; labor union
When using their employers' email system, employees: __________.
do not have a reasonable expectation of privacy even during nonworking hours
When using their employers' email system, employees: ___________.
do not have a reasonable expectation of privacy even during nonworking hours
Bargaining in good faith means that a union must not strike: _________.
during the 60-day notice period
Bargaining in good faith means that a union must not strike: ___________.
during the 60-day notice period
Whistle-blowing is a protected activity under the ______________ policy exception to the employment-at-will doctrine.
public
Violators of the Omnibus Crime Control and Safe Streets Act of 1968 may be subject to fines of up to: $_________.
$10,000
If an employer receives federal financial assistance or has federal contracts worth over $________, the employer must develop an antidrug policy for employees.
$25,000
Employers who fail to comply with the Consolidated Omnibus Budget Reconciliation Act (COBRA) may be required to pay up to 10 percent of the annual cost of the group plan or __________, whichever is less.
$500,000
If an employer fails to comply with COBRA, what penalties are available?
$500,000 or 10% of the annual cost of the group plan, whichever is less
On July 24, 2009, the federal minimum wage increased from $6.55 to: __________.
$7.25
Penalties for OSHA violations may range from $0 to __________ per violation, depending on the likelihood that the violation would lead to serious injury to an employee.
$70,000
During the post-World War II period, approximately what fraction of United States workers were organized into labor unions?
1/3
Employers with how many employees are required under OSHA to keep records of workplace injuries?
11 or more
How long do the benefits of COBRA last for the employee?
18 months (or 29 months if disabled)
In what year did the United States Congress pass the Immigration Reform and Control Act?
1986
In what year did the Family and Medical Leave Act (FMLA) go into effect?
1993
Which of the following is false regarding unemployment compensation?
23 states require minimal employee contributions.
An employee injured on the job must notify the employer of the injury and file a claim with the state workers' compensation board, usually within ___________ days.
30 to 60
The Fair Labor Standards Act (FLSA) mandates that employees who work more than _________ hours in a week be paid no less than one and one-half times their regular wage for all the hours they work beyond these hours during a given week.
40
Regarding immigration worksite enforcement, as of 2012, Immigration Customs and Enforcement developed which of the following?
A comprehensive worksite enforcement strategy
Under the ___________, employees' privacy rights were extended to electronic forms of communication including email and cellular phones.
Electronic Communications Privacy Act of 1986
According to the National Labor Relations Board (NLRB), an employee's comments on social media are protected without exception.
False
What are the requirements for an individual to claim damages under the workers' compensation laws? (Check all that apply.)
He or she must be an employee. The employer and employee are covered under the state workers' compensation system. The injury occurred on the job.
Which federal agency is responsible for immigration worksite enforcement?
ICE
Regarding OSHA violations, how can criminal penalties be imposed against an employer?
If a willful violation results in the death of a worker
Which of the following types of picketing is designed to truthfully inform the public of a labor dispute?
Informational
Which of the following is false regarding the ECPA?
It protects individuals' communications against government surveillance conducted with a court order.
At a minimum, employer privacy policies should cover which of the following issues? (Check all that apply.)
Lie detector policies Employer surveillance policies Drug testing policies Workplace dating policies
What are the remedies available under the FMLA? (Check all that apply.)
Lost benefits Unpaid salary or wages Denied compensation
Most state workers' compensation laws cover what kind of monetary damages? (Check all that apply.)
Medical bills Rehabilitation expenses Hospital bills
Which of the following is not a requirement of bargaining collectively in good faith? (Check all that apply.)
Meet at reasonable times and confer in good faith Sign a written agreement if one is reached Do not engage in a lockout during the 60-day notice period regarding the termination or modification of an existing contract Do not strike during the 60-day notice period regarding the termination or modification of an existing contract
The __________ interpret(s) and enforce(s) the National Labor Relations Act.
National Labor Relations Board
If an employee is injured while off-duty having lunch at a restaurant, will he or she be able to make a compelling claim under the workers' compensation system?
No, because the injury did not occur on the job.
The federal government primarily regulates workplace safety through: __________.
OSHA
The __________ requires that employers create an employment environment that is free from recognized hazards that are likely to cause death or serious physical harm.
Occupational Safety and Health Act (OSHA)
Under the __________, employers cannot listen to or disclose the contents of private telephone conversations of employees.
Omnibus Crime Control and Safe Streets Act of 1968
What is the term for when employees put themselves in front of the employer's business to inform the public of a labor dispute?
Picket
Which of the following occurs when employees place themselves in front of the employer's place of business to inform passersby of the fact that there is a labor dispute?
Picketing
Which of the following types of employers have almost unfettered discretion to drug-test their employees?
Private
What are some activities that are protected activities under the public policy exception to the employment-at-will doctrine?
Serving on jury duty Performing military service Whistle-blowing activities
The ___________ Act was designed to curtail the powers of trade unions that had been empowered by the Wagner Act.
Taft-Hartley
What federal law mandates that employers receiving federal funds must have an antidrug policy for employees?
The Drug-Free Workplace Act
What federal legislative act requires a minimum wage be paid to employees in covered industries?
The Fair Labor Standards Act (FLSA)
The National Labor Relations Board (NLRB) interprets and enforces what federal law?
The National Labor Relations Act
What federal legislation was the first attempt at creating the peaceful settlement of labor disputes?
The Wagner Act
The employment relationship is a contractual relationship between what parties? (Check all that apply.)
The employee The employer
What is a negative aspect of the workers' compensation system for the employee?
The employee could gain a far larger monetary award suing in court than through the workers' compensation system.
Which of the following is not an element for the creation of an implied contract through statements an employer makes in an employment handbook?
The employee is a wage employee, not a salaried employee.
Identify the conditions in which the benefits of the Consolidated Omnibus Budget Reconciliation Act (COBRA) do not arise. (Check all that apply.)
The employee is fired for gross misconduct. The employer decides to eliminate benefits for all current employees.
Under the employment-at-will doctrine, which of the following parties can terminate the employment agreement? (Check all that apply.)
The employer The employee
What exception to the employment-at-will doctrine makes an assumption that every employment contract contains an implicit understanding that the parties will deal with each other fairly?
The implied covenant of good faith and fair dealing
If an employee is unable to return to work following a 12-week FMLA leave, what is the employer required to do with the employee's position?
The employer, after the 12-week FMLA leave period, is no longer required to hold open the position for the employee.
Employers must pay into the workers' compensation fund: __________.
every year
The most common exception to the employment-at-will doctrine that provides that an implied employment contract may arise from statements the employer makes in an employment handbook, length of service, statements by the employer indicating long-term employment, or materials advertising the position is known as the _______________ __________________ exception.
implied contract
The least common exception to at-will employment, permitted in eleven states, is the __________ exception.
implied covenant of good faith and fair dealing
The Landrum-Griffin Act primarily governs the: __________.
internal operations of labor unions
Employers in covered industries are required under the FLSA to pay a federal ___________ wage.
minimum
To exercise rights under the FMLA when the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within __________ after the need becomes known.
one or two days
A(n) ______ is against the employer with whom the union is directly engaged in a labor dispute.
primary boycott
ERISA requires that ___________ must keep employees informed about voluntarily established pension and health plans.
private employers
FMLA requires an employer to __________ when the employee returns from their leave.
restore the employee to their position or a substantially similar position
Employers must prominently display either the federal or a state OSHA poster with information about employees': __________.
safety and health rights
A(n) ___________ _____________ occurs when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with the employer.
secondary boycott
A __________ is the most powerful weapon employees use to secure recognition and improve their working conditions, but it is also potentially the most dangerous.
strike
Workers first achieved the right to join unions during: ___________.
the Great Depression
The key question regarding the Electronic Communications Privacy Act (ECPA) is whether: __________.
the employee had a reasonable expectation of privacy
"Labor's Bill of Rights," contain in the Landrum-Griffin Act, protects employees from: _________.
their own unions
The Taft-Hartley Act limited the powers of: __________.
trade unions
Under _________ laws, an employee is guaranteed the right to recover for injuries that occurred on the job without having to sue his or her employer.
workers' compensation
Under the employment-at-will doctrine, an employment relationship can be terminated by __________, for any reason and at any time.
either the employer or the employee
Generally, the accident leading to the injury being paid under the workers' compensation system must have taken place during the time and within the employees' scope of: __________.
employment
Lee works for IntraCen Inc. The relationship between Lee and IntraCen Inc. is called a(n) _________ relationship.
employment