EL&L quiz answers

Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the election.

12 months

Explain what a BFOQ is and when it may be permitted.

BFOQ allows employers to base employment hiring decisions for a particular job on factors such as sex, religion, or national origin. they use BFOQ if they can show that these factors are essential for performing the particular job

Select all correct answers: When faced with allegations of sexual harassment, a supervisor / human resources manager should

Consider whether to suspend the alleged harasser pending investigation. Notify upper level management of the complaint Interview the complaining party as soon as possible. Ask the complaining party to identify possible witnesses and other possible victims.

The Equal Pay Act's coverage is similar to that of the:

Fair Labor Standards Act

All of the following are true about a trade secret EXCEPT:

It is generally known by the public.

Alternative dispute resolution includes each of the following, EXCEPT:

Mediation Litigation Arbitration Conciliation

What are the primary protections provided by the FLSA?

Minimum wageOvertime payChild labor Equal pay for equal work

When must an individual file a complaint with the EEOC in order for it to be timely?

a complaint must be filed within 180 days from the date of the violation in order to protect the charging parties' rights. or it can be extended to 300 days if the charge is covered by a state or anti-discrimination law.

Pay differentials between male and female employees may violate the Equal Pay Act when due to:

age of employees

Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.

agriculture

The law recognizes a qualified privilege in all of the following instances EXCEPT :

an employer discussing an employee's performance with his coworkers over lunch

When addressing issues related to international employment law, a convention is

an international law to which a number of nations agree to adhere

A union can become an exclusive bargaining representative in each of the following ways EXCEPT:

as a ULP remedy by voluntary recognition by filing an application with the NLRB through a representation election

To determine if the union has majority support during the first twelve months of a strike, the NLRB held that economic strikers must be considered as members of

bargining unit

In practice, a ban the box law may mean an employer:

cannot consider a candidate's criminal history until a job offer has been made

Section 8(a)(1) and Section 8(b)(1) of NLRB prohibit:​

coercion and restraint of employees by employers and unions

In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit limited solely to maintenance employees is not an appropriate unit for the purposes of:

collective bargianing

In NLRB v. City Disposal Systems, the US Supreme Court concluded that Brown's refusal to drive unsafe trucks was _____ under Section 7 of the NLRA.​

concerted activity

Under the contract bar rule, a written labor contract (signed and binding on the parties and dealing with substantial terms and conditions of employment) bars an election among the affected bargaining unit

during the life of that bargaining agreement

Select the correct answers: Gender discrimination includes

equiring women to wear a uniform, but allowing men to wear business casual clothing. advertising only for men since women often have to provide child care.

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor EXCEPT:

ex parte proceedings

What issues does the Portal-to-Portal Act address?

exempted employers from liability for future claims based on two categories of work-related activities Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform Activities which are preliminary to or post-liminary to said principal activity or activities

A de minimis occupational safety and health violation is a significant technical violation T/F

false

A grievance under a collective bargaining agreement is limited to disputes between an employee and the employer. T/F

false

A lockout amounts to a permanent closure of a plant to avoid unionization. T/F

false

A plaintiff must show as part of prima facie case of age discrimination that the plaintiff was replaced by an individual younger than age 40 T/F

false

A successor employer which hires a substantial number of the employees who were formerly members of a union generally must abide by the terms of the collective bargaining agreement negotiated between the union and the prior employer T/F

false

An employee is eligible for a Family and Medical Leave Act (FMLA) leave after completing six months of full-time employment. T/F

false

An employee must prove that in implementing and enforcing a work rule, the employer had the intent to interfere with Section 7 rights. T/F

false

An employer can prohibit all solicitation and distribution of union materials at its workplace. T/F

false

An employer cannot be liable for sexual harassment unless the harasser is a supervisor or manager. T/F

false

An employer is required to allow employees to use the company email system for union soliciting activities. T/F

false

An employer is required to provide all employees at least a half hour break during any eight hour shift. T/F

false

An employer may permanently replace an employee who participates in an unfair labor practice strike. T/F

false

An individual must be a member of a recognized religious organization in order to establish a sincerely held religious belief. T/F

false

Employees over 40 can be required to retire if an employer's customers prefer younger employees. T/F

false

English only rules are never allowed in the workplace since they foster national origin discrimination. T/F

false

Federal EEO laws specifically prohibit employment discrimination based on a criminal record. T/F

false

Harassment of a man by other men is not prohibited by Title VII. T/F

false

If a court vacates an arbitrator's decision based on the arbitrator exceeding its authority, the court will settle the matter for the parties. T/F

false

If an employer trains its supervisors about sexual harassment and has a policy against harassment, the employer cannot be liable for sexual harassment. T/F

false

In Michigan, a private employer cannot lawfully prohibit an employee who has a license to carry a concealed weapon from carrying on company premises. T/F

false

In completing an I-9 Form upon beginning employment, a new employee must produce a driver's license and a social security number. T/F

false

In order to prove that it has represented a bargaining unit member fairly, the union must take a grievance to arbitration. T/F

false

Private employers are not permitted to monitor and review employee use of employer-owned computers. T/F

false

Pursuant to Michigan's Paid Medical Leave Act, effective March 29, 2019, all employers are required to provide paid sick leave to their employees. T/F

false

Pursuant to the FLSA, all employees are entitled to minimum wage and are eligible for overtime pay. T/F

false

Section 7 employee rights are only relevant when an employer has a union. T/F

false

Section 8(b) (4) prohibits primary picketing by a union against an employer with which it has a dispute. T/F

false

TVII does not currently prohibit employment against an applicant for employment based on national origin. T/F

false

The ADEA is applicable to employers with 15 or more employees. T/F

false

The Fair Labor Standards Act prohibits all forms of child labor. T/F

false

The Family and Medical Leave Act (FMLA) requires an employer with 50 or more employees to provide paid medical leave for an employee with a serious health condition. T/F

false

The NLRA applies to both public and private employers. T/F

false

The National Labor Relations Act (NLRA) requires a secret ballot election to determine whether employees' want a union as their bargaining representative T/F

false

The alleged victim's participation in the "horseplay" which is later complained of as sexual harassment is a complete defense to charges of "offensive environment" sexual harassment. T/F

false

The employer may not accompany an OSHA inspector during the physical inspection of the work site. T/F

false

The federal Employee Polygraph Protection Act of 1988 supports the right of private employers to require employees to take polygraph or "lie detector" tests. T/F

false

The union's bargaining pressure tactics include its ability to lock out the employees or to permanently replace nonstriking workers. T/F

false

When a collective bargaining agreement expires, the employer can refuse to bargain with the union without violating Section 8(a)(1) and 8(a)(5) of the NLRA. T/F

false

When a collective bargaining agreement expires, the employer is no longer obligated to arbitrate any disputes. T/F

false

When an employee older than age 40 cashes a severance check upon termination of employment, the employee has waived his or her rights to ADEA discrimination claims. T/F

false

an individual must be a United States citizen in order to be authorized to work in the United State T/F

false

section 8(d) requires the parties to make concessions or to reach an agreement in order to show they have engaged in good faith bargaining. T/F

false

___is the second leading cause of fatal occupational injury in the United States.

homocide

is the second leading cause of fatal occupational injury in the United States.

homocide

Why does it matter whether an individual is treated as an employee versus an independent contractor?

if some one is an(employee) their tax liability includesER (employers) pays taxesER pays a life insurance w/c workers compBenefits (maybe)Employers control Minimum wage (overtime)How many workers Unemployment insurance but if they are an independent contractor they have a different tax liabilty IK pays taxesIK has policyPersonal medical Liability insurance No benefits Whenever/ wherever IK controls No wage restrictions No over time No unemployment

The advantages of arbitration over litigation include the following:

it is generally less expensive it generally can be faster it generally can be more confidential it generally provides the parties greater flexibitiy

What is the significance of the Supreme Court's decision in McDonnell Douglas Corp v Green, 411 US 792 (1973)?

it showed and described the burden-shifting framework by which employees can prove their employers engaged in unlawful discrimination under Title VII

The employees of GR Auto Sales Plus decided to select John as their bargaining representative for the purposes of collective bargaining by the majority of the employees. The major issues of negotiation include rates of pay, wages, hours of employment, and other conditions of employment. In this scenario, John is covered under the

national labor relations act

Identify at least three factors which may be considered in determining whether an individual is an employee or an independent contractor?

one factor would be how much control the business exercises over said worker another one would be how much training they get and how because making a worker undergo company-provided training would suggest an employment relationship due to the company directing how work should go Additionally, one of the aspects of the job connection is the manner of payment, which can be hourly, weekly, or monthly, depending on the pay schedule. Independent contractors are more likely to be paid based on a commission or the completion of a project.

Under the NLRA, unfair labor practice strikes are:

protected activity

The Occupational Safety and Health Act exists for all of the following EXCEPT:

provide payment for on-the-job injuries

identify the five identified protected classes when Title VII was enacted.

race color religion sex national origin

In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from

retaliation

In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from:

retaliation

Employees should attempt to have the employer correct the hazardous condition before exercising their:

right to refuse

Identify additional protected classes related to employment pursuant to Michigan law.

sexual orientation/ preferences genetic info height weight material status disabilities

When an employee is subject to discrimination based on the employee's failure or refusal to conform to socially accepted gender roles, the employer may be liable for gender discrimination based on the following theory:

stereotyping

If the labor union of a soft drinks company is picketing in front of the wholesaler, instead of picketing on the company's premises, generally under the NLRA:

such secondary picketing shall be prohibited

In determining whether an employer has provided reasonable accommodation of an individual's sincerely held religious beliefs, a court may consider the following:

the nature of the job what alternatives are available and have been considered by the employer the costs of accommodation

Identify a method a plaintiff may use to demonstrate a disparate impact.

the plaintiff could identify specific employment practices or use statistical evidence (4/5 rule) impacts on a protected class

Identify the three primary prohibitions under Title VII.

title VII prohibits refusal or failure to hire, discharge, discrimination: compensation, terms, conditions, privileges

A successor employer which hires a substantial number of the employees who were formerly members of a union may be required to recognize and bargain with the union. T/F

true

A tort is a civil wrong or injury caused either intentionally or negilgently. T/F

true

Age can be a BFOQ. T/F

true

An employer and a union which has been certified as the exclusive bargaining representative are legally required to bargain in good faith. T/F

true

An employer is legally required to bargain in good faith with a union which represents its employees. T/F

true

An employer may resort to lockout only after bargaining in good faith to an impasse. T/F

true

Employers are free to permanently replace employees who go on an economic strike. T/F

true

Employers should avoid arbitrary employment criteria, such as height or weight requirements, for applicants for employmet because such requirements may have a disparate impact on national origin. T/F

true

Generally, an arbitrator's decision is final, binding, and enforceable. T/F

true

If an employer believes that an occupational safety and health standard is inappropriate for its particular situation, an exemption (or variance) may be requested. T/F

true

In June 2020, the United States Supreme Court held that Title VII protects individuals because of homosexuality or transgender status based on prohibitions of sex discrimination . T/F

true

Intentional infliction of emotional distress is a tort which in the employment context generally requires the plaintiff / employee to prove that the employer's actions, which caused severe emotional distress, were extreme and outrageous. T/F

true

Many employer violations of Section 8(a)(1) occur in the context of union organizing campaigns, and often involve restrictions on the soliciting activities of employees or coercive or threatening remarks made by the employer. T/F

true

Sexual conduct, sexual advances, or sexual remarks in the workplace do not constitute unlawful sexual harassment unless they are unwelcome. T/F

true

Sexual harassment can be verbal, nonverbal, or physical. T/F

true

The Board requires that the parties in an election must refrain from formal campaigning for twenty-four hours prior to the election. T/F

true

The Equal Pay Act is an amendment to the Fair Labor Standards Act. T/F

true

The Occupational Safety and Health Act (OSHA) requires employers to furnish employees a workplace free from recognized hazards that cause, or are likely to cause, serious injury or death. T/F

true

The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all employees in a bargaining unit. T/F

true

The parties generally incorporate arbitration as the final step of the grievance procedure T.F

true

There is a constitutional right to picket, but there is no recognized constitutional right to strike.​ T/F

true

Title VII allows employers to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements. T/F

true

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of religion T/F

true

Unfair labor practices (ULPs) are various forms of conduct or activities that adversely affect employees in the exercise of their rights under Section 7 of the NLRA T/F

true

When the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union generally will share liability. T/F

true

When the employer and union have bargained in good faith to the point of impasse related to a mandatory subject of bargaining, the employer may unilaterally implement its final proposed offer without violating Sections 8(a)(1) and 8(a)(5) of the NLRA T/F

true

the plaintiff in a lawsuit must allege sufficient facts to establish a prima facie case or the lawsuit may be dismissed. T/F

true

Weingarten rights provide:

unionized employees the right to have a union representative present during a meeting which may lead to discipline

When seeking an individual for employment, a religious preference may be permitted under Title VII in each of the following, EXCEPT:

when a private employer has differing moral or ethical beliefs than a job applicant