Chapter 42: Employment and Labor Law

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 protects employees' established pension plans?

ERISA

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

ERISA

True or false: Employees do not have a reasonable expectation of privacy when using their employee's email system.

True

Under FMLA, the plaintiff can recover all but which of the following?

Reimbursable expenses

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

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

When using their employers' email system, employees: ______.

do not have a reasonable expectation of privacy even during nonworking hours

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

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.

If an employer receives federal financial assistance or has federal contracts worth over $______, the employer must develop an antidrug policy for employees.

25,000

The workers' compensation system employs what form of procedure for justice?

Administrative adjudication

What are the remedies available under the FMLA?

Denied compensation Unpaid salary or wages Lost benefits

According to the National Labor Relations Board (NLRB), an employee's comments on social media are protected without exception.

False

According to the National Labor Relations Board (NLRB), employer policies should prohibit the discussion of wages and working conditions among employees.

False

The Immigration Reform and Control Act is an amendment to the: ______.

INA

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 is false regarding the ECPA?

It protects individuals' communications against government surveillance conducted with a court order.

The ______ requires certain financial disclosures by unions and establishes civil and criminal penalties for financial abuses by union officials.

Landrum-Griffin Act of 1959

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)

Which of the following is not a requirement of bargaining collectively in good faith?

Sign a written agreement if one is reached Do not strike during the 60-day notice period regarding the termination or modification of an existing contract Do not engage in a lockout during the 60-day notice period regarding the termination or modification of an existing contract Meet at reasonable times and confer in good faith

What is the term for a temporary concerted withdrawal of labor?

Strike

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)

What federal law governs the internal operations of labor unions and contains Labor's Bill of Rights?

The Landrum-Griffin Act

The National Labor Relations Board (NLRB) interprets and enforces what federal law?

The National Labor Relations Act

What federal law created the National Labor Relations Board?

The Wagner Act

What federal legislation was the first attempt at creating the peaceful settlement of labor disputes?

The Wagner Act

Which of the following events are covered by the FMLA?

The birth of a child Serious illness of a spouse, parent or child The adoption of a child

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.

Identify the conditions in which the benefits of the Consolidated Omnibus Budget Reconciliation Act (COBRA) do not arise.

The employee is fired for gross misconduct. The employer decides to eliminate benefits for all current employees.

The employment relationship is a contractual relationship between what parties?

The employer The employee

Under the employment-at-will doctrine, which of the following parties can terminate the employment agreement?

The employer The employee

What are the requirements for an individual to claim damages under the workers' compensation laws?

The employer and employee are covered under the state workers' compensation system. He or she must be an employee. The injury occurred on the job.

Employers must pay into the workers' compensation fund: ______.

every year

The Landrum-Griffin Act primarily governs the: ______.

internal operations of labor unions

Bargaining collectively in good faith means that the parties must: ______.

meet at reasonable times and confer in good faith

ERISA requires that ______ must keep employees informed about voluntarily established pension and health plans.

private employers

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

The Federal Unemployment Tax Act (FUTA), passed in 1935, created a state system to provide ______ ______ to qualified employees who lose their jobs.

unemployment compensation or benefits

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

Bargaining in good faith means that a union must not strike: ______.

during the 60-day notice period

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

In order to recover workers' compensation benefits, the injured party must be a(n) ______ and the injury must have taken place on the job.

employee

Lee works for IntraCen Inc. The relationship between Lee and IntraCen Inc. is called a(n) ______ relationship.

employment