BLAW 421 Chp. 11-13

R/F Right to Work laws, such as the one enacted in Michigan, concern an employee's constitutional right to have gainful employment

False

T/F "Administrative assistants" are exempt from FLSA even if their duties are similar to those of secretarial and clerical employees.

False

T/F Employers are mandated by the NLRA to bargain in good faith on all topics.

False

T/F Employers are obligated to conduct performance appraisals

False

T/F Failure to articulate violation of a specific applicable safety standard will cause a claim brought under OSHAct by OSHAdministration against an employer to be unsuccessful

False

T/F If private employers do not offer overtime pay, they are mandated to offer compensatory ("comp") time.

False

T/F In evaluation employee performance, employers should always utilize subjective measures over objective measures.

False

T/F The right to fair pay and benefits is specifically conferred upon employees by the NLRA.

False

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 performance criteria and standards?

They may include work quality and quantity, attendance, punctuality, race, religion and gender as factors for evaluation

T/F Divorce of an employee and her spouse is a qualifying event that necessitates an offer of COBRA continuing coverage.

True

T/F ERISA has broad preemptive powers and trumps state laws that regulate pension and benefit plans.

True

T/F Employers may demand OSHA inspectors obtain and present search warrants prior to entering their workplaces to conduct inspections

True

T/F Employers who knew or should have known that an employee did not have the information or skills to perform a job may be liable for the tort of negligence training in the event that employee's actions cause injury to others.

True

T/F Executive employees are exempt from FLSA

True

T/F Generally, most employers are not under any legal obligation to engage in formal training of their employees.

True

T/F Generally, workers' compensation is the exclusive remedy available to workers accidentally injured in the course of their employment

True

T/F The right of the employee to refrain from engaging in concerted activities is protected by the NLRA

True

Protection of concerted activity may be lost if which of the following occurs? a) insubordination which is grounds for discharge b) the number of employees is reduced so that the NLRA no longer applies c) a serious disagreement between labor and management d) none of these

a) insubordination which is grounds for discharge

Defined benefit pension plans

both of the above (promise a specific pension benefit upon retirement AND are insured through the Pension Benefit Guaranty Corporation (PBGC))

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

Bargaining in 'good faith' suggests a) willingness to meet at reasonable times. b) not attempting to control or interfere with the parties present at the negotiations c) not withdrawing accepted offers d) all of the above

d) all of the above

Which of the following is a fiduciary duty under ERISA? a) ensuring that plans operate in accordance with plan documents and ERISA b) diversifying pension fund assets to minimize the risk of large losses c) managing benefit plans and funds solely in the interest of plan beneficiaries d) all of the above

d) all of the above

Which of the following employee rights is NOT protected by the NLRA a) to engage in self-organization b) to go on strike c) to engage in other concerted activites d) all of the above employee rights are protected by the NLRA

d) all of the above employee rights are protected by the NLRA

The "forced distribution method" of performance appraisals: a) require that predetermined percentages of employees be placed into particular performance categories b) often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises c) may lead to claims of age, race or sex discrimination d) all of these

d) all of these

The best thing an employer can do to avoid OSHA violations is: a) take steps to prevent workplace injuries b) create a comprehensive workplace safety program c) be proactive in assessing workplace hazards d) all of these

d) all of these

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 true regarding safety and health inspections?

in about half of the states, inspection 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

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

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

one or more employee were injured by the hazard

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

preventing injuries and illness on the job

The duty to bargain in good faith:

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

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

Regarding the language to be used in performance appriaslas:

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

OSHA's hazard communication standard requires:

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

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

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

the law governs benefit plans broadly, not just pension plans

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

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