EL Exam 3

Which of the following is true of a trade secret?

a and b

An employee would likely prefer this kind of pension plan:

a defined benefit plan

An employer would likely prefer this kind of pension plan:

a defined contribution plan

The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT:

a minimum wage and overtime

In a constructive discharge:

a quit is treated as a termination because circumstances forced the employee to leave

Which of the following is required for a successful implied contract wrongful discharge claim?

a specific oral promise limiting employment at will

Which of the following laws has the most exacting requirements for a valid separation agreement?

The Older Workers Benefit Protection Act

Regarding the right to privacy:

whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis

Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do?

Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

Employers may conduct hidden video surveillance of employees:

none of the above

The Privacy Act requires:

none of the above

Under the WARN Act:

none of the above

Which of the following is true regarding overtime pay under the Fair Labor Standards Act?

none of the above

together pursuant to an investigation. Which of the following is true?

none of the above

Employers should maintain accurate and up-to-date job descriptions because they will help establish:

none of these

Regarding employment benefits, the general rule is that:

none of these

"Tipped employees" can be paid less than the minimum wage provided:

their total pay in wages and tips equals at least the minimum wage

Which of the following is among the things that must be shown in order for two jobs to be considered "equal work"?

there must be substantial overlap in the duties and tasks performed

Which of the following is true of OSHA's permanent standards?

they are adopted only after a lengthy process of public hearings and documentation

Which of the following is true regarding grievances?

they can be filed by individual employees and may be pursued by the individual

Changes in benefit plans are under "serious consideration" when:

top managers meet to discuss implementation of a specific plan

Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity?

The Americans with Disabilities Act

Regarding Workers' Compensation, which of the following statements is correct:

all of the above are correct

Legal issues concerning downsizing include:

all of these

The best thing an employer can do to avoid OSHA violations is:

all of these

Regarding employer searches of employees at the workplace, which of the following is true?

all of these are true

Which of the following is a criterion used by the NLRB to determine that an appropriate bargaining unit exists?

whether professional employees would be mixed with non-professional employees against their will

Non-competition agreements:

will not be enforced unless the former employer can show that they are no more restrictive than necessary

Under the OSH Act, records of an employee's exposure to toxins must be kept for:

30 years

An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees' union representative on May 15. The layoffs will be effective May 30. If the employer's action is legally challenged, a court would most likely decide:

For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act

A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. The employer says that it had to save money and that the older supervisor earned considerably more money (he did). If the termination is legally challenged, a court would most likely decide:

For the employer because it had a lawful, non-discriminatory motive for the termination

Over lunch, a manager at Microsoft says to another manager, "You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big." The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule:

For the employer because she is employed at will and none of the exceptions to employment at will apply in this case

Which of the following employees is most likely eligible for unemployment insurance?

Kathy quits her job because of a pervasive and continuing hostile environment

You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this

The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.

In Dillon v. Champion Jogbra, Dillon claimed a wrongful discharge maintaining that modifications of the employee manual created an implied contract negating the employer's claim that she was an at-will employee. The court said:

an employer may modify an at-will employment agreement unilaterally

Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:

all employers adopt a drug-free workplace policy

Due process includes:

all of the above

The legal environment for public employees differs from private sector employment because public employees:

all of the above

Which of the following is a circumstance under which the public policy exception to employment at will is recognized?

all of the above

Which of the following is a type of restrictive covenant?

all of the above

Which of the following is generally required to establish just cause for a termination?

all of the above

You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city's refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies, something which your Board of Directors has not authorized. You should:

ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting

Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations?

at an employee's computer workstation

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:

both c and d

A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is

breach of the covenant of good faith and fair dealing

An employer who closes the business rather than deal with the union his employees have formed

does not violate the National Labor Relations Act

1HIPAA applies primarily to:

e. a and c

Regarding early retirement incentives, all of the following are true EXCEPT:

early retirement incentives are discriminatory if based on age

Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3rd generation CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm's core values and its long-term survival

either b or c might be consistent with your core values and long-term survival

Regarding the bankruptcy filing of an employer, which of the following statements is NOT true?

employees are secured creditors

Under the Employee Polygraph Protection Act:

employees have a right to review all questions before the test begins

Regarding the termination of individual employees, it is NOT correct to say that:

employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees

Imagine that you are the judge hearing a Motion for Summary Judgment. The case before you concerns the former Vice-President of Marketing at May Department stores, who has recently been hired by Victoria's Secret. May Department stores has sued to enforce the non-competition agreement in which the VP agreed not to work for firms competing directly against May Department store. Both parties agree that both stores sell women's intimate apparel, but to different ages of women, and to different customer bases. They also agree that about 8% of May's business is women's intimate apparel, while 98% of Victoria's business is women's intimate apparel. What should you decide?

even though both companies sell women's intimate apparel, there is no meaningful or material competition between them

Conduct that is "outrageous" is required to establish:

fliction of emotional distress

A 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, the supervisor of the 52 year old had rated her as "doing a great job." She sued under the ADEA. On a Motion for Summary Judgment, what should the court decide?

for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial

Ergonomic hazards _______________:

have been addressed under the general duty clause

Which of the following torts has as a required element of proof, an intent to harm.

intentional infliction of emotional distress

Just cause is required for the discipline or discharge of unionized employees because:

labor agreements require it

In the U.S., more and more workers are working:

off the clock

Which of the following is an element of an intrusion upon seclusion privacy tort claim?

one party intentionally pries into the private affairs of another

With regard to unemployment insurance, which of the following statements is true?

only workers who are involuntarily terminated are eligible for unemployment insurance

The Montana Wrongful Discharge from Employment Act (WDEA):

prohibits discharges that are not for good cause

1The Electronic Communications Privacy Act:

prohibits the intentional interception of electronic communications

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.

promissory estoppel

Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public.

public disclosure of private facts

Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:

reassignment to greater responsibility

Regarding restrictive covenants, which of the following statements is NOT correct?

restrictive covenants are upheld only for top level managers and CEOs

Regarding workplace privacy, which of the following statements is NOT true?

under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work if their employers are federal contractors

In Dietz v. Finlay Fine Jewelry, a store clerk who gave an unauthorized discount to a customer was interrogated by security personnel. The court held that:

she could go to trial on her defamation claim because false, damaging accusations were made in the presence of others

A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?

the employee has quit

After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee's answer unsatisfactory, the supervisor said, "Well, this is the last straw." What is the best assessment of this situation?

the employee has suffered a constructive discharge

To be eligible for unemployment insurance:

the employee must be involuntarily unemployed

An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker's compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker's compensation for the injury. The supervisor (a brother of the owner) was told that if he didn't get the employee (who happened also to be his son) to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:

the owner of the car dealership is within his rights to try to reduce the costs to his company by whatever means he can.

The firm for which you have worked for 6 years has filed for Chapter 11 bankruptcy. What this means to you is:

you are likely to receive your wages going forward, as they have a high priority in bankruptcy cases like this one

You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, and the more stringent requirements applied to her were not applied to white employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years' evaluations. Based on this evidence, what should you decide?

you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee's race

You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You're not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You've raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there's no way to connect it

Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don't want the consequences that might befall your crew on your conscience.

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

National Labor Relations Board (NLRB)

Which of the following is NOT true regarding the enforcement process under OSHA (the Act)?

OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

Regarding OSHA inspections, which of the following statements is NOT correct?

OSHA routinely visits each workplace annually

20.

Regarding representation election procedures, which of the following statements is/are true? if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days

As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an "old school" kind of fellow who is retiring. But since you are newly hired, you are reluctant to "make waves." Considering your duties and also the protection of your career, which of the following options would NOT be advisable?

Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim

By law, employers must arrange workers' compensation coverage for their employees. They may do this by any of the following except:

contributing to federal workers' compensation funds

1Which of the following agencies was NOT created by the Occupational Safety and Health Act?

The National Institute of Mental Health

Which of the following is NOT true regarding performance criteria and standards?

There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available

Regarding performance appraisals, which of the following statements is NOT true?

courts will review contested performance appraisals to determine whether or not they are correct

Regarding the Pension Benefit Guarantee Corporation (PBGC), which of the following statements is true?

a and c only

Which of the following would NOT be considered a concerted activity?

a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested

Regarding the topic of employment benefits, it is correct to say that:

a, b and d

A disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court should decide:

all of the above

Defined benefit pension plans:

all of the above

Which of the following is a fiduciary duty under ERISA?

all of the above

Which of the following is a qualifying event necessitating an offer of COBRA continuation coverage?

all of the above

Which of the following is true regarding compensatory ("comp") time?

all of the above

Which of the following employee rights is NOT protected by the NLRA?

all of the above employee rights are protected by the NLRA

The "forced distribution method" of performance appraisals:

all of these

Which of the following statements is NOT true

all of these

Which of the following statements regarding the timing of performance appraisals is true?

all of these are true

Protected concerted activities:

apply to unionized workers but not to non-unionized workers

Under the FLSA, minors under 16 years of age:

are allowed to work no more than 18 hours per week while school is in session

Defined contribution pension plans:

are prone to under-diversification of investments

Union security provisions:

are unlawful in states that have "right to work" laws

Under Title VII, in cases of discrimination, punitive damages are:

available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right

The Mental Health Parity and Addiction Equity Act requires:

that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments

You have just been hired as the new Human Resources Manager for your firm. On your second day, an employee filed for disability benefits due to a recent injury. Not knowing about a disability policy through this firm, you search the files and discover that the firm cancelled a long term disability on the employee without notifying him. What should you do?

b and c

The Pregnancy Discrimination Act provides for each of the following EXCEPT:

because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged

Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT:

before surveillance or video monitoring of employees can take place, a search warrant must be obtained

Pay secrecy policies cause which of the following problems?

both of these

Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:

the employer has been informed of the hazard and does not correct it

Non-employee organizers:

can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

Summary plan descriptions (SPDs):

can be the basis for claims that employees did not receive promised benefits

Under the ADA, performance appraisals for disabled persons:

cannot consider any difficulties performing non-essential job functions

Under the Department of Labor's "pay docking rule":

certain deductions from the pay of salaried employees can lead to the finding that these employees are non-exempt

A non-exempt employee's usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular hourly rate of pay is ______. His total pay for this week should be _______.

d. $20/hr; $1100

Which of the following is true of workers' compensation?

experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer

Which of the following is an element needed to establish a violation of the general duty clause?

feasible means exist to abate the hazard

An employee whose wife suffered from breast cancer was terminated after a change of ownership of the company. He asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court should rule:

for the employee's wife, because she was also an insured, but was given no notice of her COBRA rights

A high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some thought her interpersonal skills could use some work, but this criticism was not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out "legally," and asked "How do we explain this to a jury?" Managers explained there was little support for her among them, and she did not "fit." She sued for sex discrimination. The court should decide:

for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective

If employees come in to start work early, or stay beyond scheduled hours, or come in to work on days off,

the extra time put in on the job could qualify those employees for overtime pay

In Mastec Advanced Technologies, 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:

for the employees, because they spoke truthfully about an ongoing labor dispute

An employer announced that it was going to close a union facility, and entered into negotiations with the union. Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled in favor of the drivers, and the employer appealed. On appeal, the court ruled:

for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity

In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety "all the time." The OSHRC ruled:

for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers' compensation. If her employer contested the claim, the most likely outcome of the case would be:

granting of benefits because, under the usual exertion rule, the injury arose out of employment

Which of the following is true regarding NLRB representation election procedures?

if an election is ordered, the employer is required to provide the NLRB, within seven days, a list of names and addresses of all employees in the bargaining unit

Which of the following is true regarding safety and health inspections?

in about half of the states, inspections are conducted by state agencies rather than by OSHA

Which of the following is true of OSHA reporting and recording requirements?

injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence

Protection of concerted activity may be lost if which of the following occurs?

insubordination which is grounds for discharge

A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for:

intrusion upon seclusion

Under the Fair Labor Standards Act, a "workweek

is any fixed and reoccurring period of 7 consecutive days

A 360 degree appraisal:

is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised

Which of the following is true of the Employee Retirement Income Security Act (ERISA)

it does not apply to benefit plans administered by public employers

HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT:

it provides that exclusionary periods can be no longer than 30 days

Which of the following is generally compensable time under the FLSA?

meetings during work hours concerning employee

Under the duties test, in order to be classified as exempt, an employee:

must perform the duties of an executive, administrator, or professional

The Migrant and Seasonal Agricultural Worker Protection Act requires that:

none of the above

Under the NLRA, employees who go on strike:

none of the above

As a new manager, you are delighted with your new job (and higher pay), but now it's time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice?

none of these would be good advice

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is

not limited for employees 16 years of age and over

The elements of a specific violation of OSHA regulations include all of the following EXCEPT:

one or more employees were injured by the hazard

Which of the following is true regarding performance appraisals?

performance appraisals are key pieces of evidence in many discrimination cases

A principal objective of the Occupational Safety and Health Act is ____________

preventing injuries and illnesses on the job

You work in a large office in the "bullpen," a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker's chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why

report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured

The duty to bargain in good faith:

requires that employers supply unions with information relevant and necessary to bargaining effectively

The forced distribution method regarding performance appraisals consists of:

requiring that predetermined percentages of employees be placed into particular performance categories

Which of the following activities is compensable time for which an employee must be paid?

rest periods of up to 20 minutes

Which of the following is an unfair labor practice (ULP) under the National Labor Relations Act?

retaliating against an employee who has filed charges with the NLRB

Which of the following is an unfair labor practice?

secondary boycotts

You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm's job sites twice in the last year, and has made comments like, "It's none of their damned business if one of our guys is stupid enough to get hurt." It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned. You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA. Considering your duties and your legal

send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law

Regarding the language to be used in performance appraisals:

should be measured and professional, whether conveying a positive or negative appraisal

Performance appraisals:

should cite specific instances of good or bad performance

An employee is terminated for poor attendance. The employer sends a letter on May 1 notifying him of his right to receive continuation health insurance coverage. The letter states that the former employee must respond by May 30 to be eligible for up to 6 months of continuation coverage. The employer's letter:

should state that the employee has 60 days to decide on coverage that would last up to 18 months

You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better - threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, what should you do

tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

OSHA's hazard communication standard requires:

that employers maintain material safety data sheets for all hazardous chemicals used in the workplace

Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy?

the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

About ERISA, the Employee Retirement Income Security Act, it is correct to say that:

the law governs benefit plans broadly, not just pension plans

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")?

the right to fair pay and benefits

The Patient Protection & Affordable Care Act was challenged in a lawsuit alleging that the federal government exceeded its authority under the constitution by requiring that people buy health insurance. The case went to the U.S. Supreme Court, which ruled:

upholding the law as valid, on the grounds that it constituted a tax on the lack of health insurance

Which of the following is true regarding vesting requirements under ERISA?

vesting usually occurs after five or seven years of service

The most common performance criteria used includes all of these EXCEPT:

willingness to work two jobs