BLAW Chapter 25
The current federal minimum wage under the FLSA is ______ per hour.
$7.25
Exceptions to the employment-at-will doctrine include ______. (Check all that apply)
1. a firing in violation of implied terms of the employment contract 2. a firing in violation of the implied covenant of good faith and fair dealing 3. a firing against public policy
In 2008, the United States Congress amended the ADA with the Americans with Disability Amendments Act to ______. (Check all that apply)
1. overturn United States Supreme Court decisions that limited the ADA's coverage 2. ensure that the ADA is broadly interpreted
In the United States, union membership has fallen from a high of 39% of the private workforce in 1955 to approximately ______ today.
10%
Under the Patient Protection and Affordable Care Act, young adults up to the age of ______ can stay on their parent's insurance plans.
26
The PPA provides for employee contributions from ______ to ______ percent.
3; 6
Employers must have ______ or more employees for the Family and Medical Leave Act to apply.
50
The LMRA provides for a(n) ______ "cooling off period" in strikes that the president finds likely to harm national safety or health
80-day
Which of the following are generally not covered by workers' compensation statutes? (Check all that apply)
A personal maid A United Way worker Farm workers
Under the ADA, the definition of disability includes which of the following? (Check all that apply)
A record of such an impairment A physical or mental impairment that substantially limits a life activity A person is being regarded as having an impairment
If the EEOC brings a case to federal court and discrimination is found, the court can order which of the following? (Check all that apply)
Back pay and benefits Reinstatement to a job
In the 1980s, the United States Supreme Court reduced the ability of employees to bring discrimination suits, prompting the U.S. Congress to pass the ______.
Civil Rights Act of 1991
Many early laws passed to protect workers were found unconstitutional under the ______ Clause because they interfered with the freedom to contract.
Due Process
Who are exempt from FLSA coverage? (Check all that apply)
Executive employees Outside salespeople
For which of the following would workers' compensation generally pay? (Check all that apply)
Falling in your office due to a slippery floor Carpal tunnel syndrome associated with word processing for your job
The main reason(s) that early trades such as shoemakers and weavers went on strike were ______. (Check all that apply)
For higher wages For shorter hours
About how many states recognize at least one of the major exceptions to the employment-at-will doctrine?
Forty (40)
How many states have raised the minimum wage above the federal level?
More than one-half
If a group of employees, a labor union, or an employer wants to hold an election to establish a union, a petition must be filed with the ______.
National Labor Relations Board
The National Labor Relations Act established the ______.
National Labor Relations Board
The first federal safety statute that applied to all types of businesses was called the ______ Act.
Occupational Safety and Health
ERISA established the ______ to provide insurance for plans whose total assets are insufficient to pay promised benefits.
Pension Benefit Guaranty Corporation
Which of the following is at the center of most challenges to an employer's right to test for drug use?
Privacy
Which of the following are types of sexual harassment prohibited by Title VII? (Check all that apply)
Quid pro quo Hostile work environment
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on which of the following? (Check all that apply)
Sex Race Religion
What is the statute of limitations for filing an equal pay lawsuit?
Six (6) months
Which of the following usually limit(s) the amount of wages subject to garnishment?
State statutes
In response to employee privacy concerns related to lie detector tests, the United States Congress passed which of the following laws?
The Employee Polygraph Protection Act
The ADA is administered by which of the following?
The Equal Employment Opportunity Commission
Title VII of the Civil Rights Act is enforced by the which of the following organization(s)?
The Equal Employment Opportunity Commission
Which of the following enforce(s) the Age Discrimination in Employment Act?
The Equal Employment Opportunity Commission
Which of the following organizations can initiate an action in response to a discrimination complaint on its own?
The Equal Employment Opportunity Commission
The United States Congress enacted which of the following laws in order to help maintain the privacy and security of health information?
The Health Insurance Portability and Accountability Act
Who enforces OSHA?
The Occupational Safety and Health Administration
Employees who qualify may take family and medical leave for which of the following? (Check all that apply)
The adoption of a child The birth of a child
The Lilly Ledbetter Act amended ______.
Title VII of the Civil Rights Act of 1964
Which of the following are goals of the Family and Medical Leave Act? (Check all that apply)
To make the workforce more accommodating to women To provide leave for family-related health issues To provide job security to those with serious heath conditions
The Labor-Management Reporting and Disclosure Act requires unions to report certain financial documents and internal procedures of the union to the ______.
United States Department of Labor
The Occupational Safety and Health Act delegates to the ______ the authority to establish detailed health and safety standards.
United States Department of Labor
The Civil Rights Act of 1991 extended Title VII coverage to ______.
United States citizens working overseas for U.S. companies
Under the fellow-servant rule, an injured employee could be denied recovery based on ______ negligence.
a fellow worker's
When an employer completely discontinues operations during a labor dispute, this is known as
a lockout
Actions such as ______ have been considered by the court to infer an implied contract promise to an employee.
a probationary period of employment
Employment laws increased during the Industrial Revolution because ______.
accidents and industrial diseases were killing workers
Even though there are federal protections like the ADEA, NLRA and Title VII, a majority of employees are still unprotected ______.
against arbitrary and unfair firing
With the employment-at-will doctrine, an employee is ______.
allowed to quit at will
Reasonable accommodation means that an employer must be able to accommodate a disabled person unless the accommodation would cause ______.
an undue hardship on the employer
Some states have passed legislation that limits or prohibits employers from ______. (Check all that apply)
asking for an employee username on a social media account demanding access to social media asking for an employee password to a social media account
Discrimination on the basis of religion, sex, or national origin are permitted based on a ______.
bona fide occupational qualification
In the early 19th century, if workers went on strike, employers were able to get employees prosecuted on ______ charges.
conspiracy
In the early 19th century, when an employee got injured on a job, employers could use the defense(s) of ______ to bar recovery by the employee. (Check all that apply)
contributory negligence assumption of the risk the fellow-servant rule
The objective of most early statutes governing the employment relationship in the United States was to ______.
control and restrict workers
Industries that deal with ______ are given wider use of polygraph tests. (Check all that apply)
controlled substances security services
The Labor-Management Relations Act was passed to ______.
curb excessive union power
Since the 1950s, union membership in the United States has ______.
decreased dramatically
A lockout occurs when the employer ______ during a ______.
discontinues operations; labor dispute
If an employer does not hire a woman based solely on the fact that she is a woman, this is known as ______.
disparate treatment
Employees often put themselves at personal risk for disclosing information about an employers actions that deal with ______. (Check all that apply)
economic actions that are illegal harmful actions to public health harmful actions to the environment
Reasons that employers started implementing polygraph tests include ______. (Check all that apply)
employee theft liability for employee actions
Workers' compensation payments made to injured employees are funded by ______. (Check all that apply)
employer contributions insurance purchased by employers self-insurance by large employers
ERISA has been interpreted by courts to limit ______ and state regulation regarding nonpension benefits such as health insurance.
employer discretion
The Genetic Information Nondiscrimination Act prohibits ______ from collecting the genetic information of employees or applicants. (Check all that apply)
employers unions employment agencies
The mandates of OSHA require that ______.
employers with ten (10) or more employees keep logs of injuries fatalities be reported within forty-eight (48) hours injuries requiring hospitalization be reported within forty-eight (48) hours
Recent changes in the common law doctrine of ______ may impose new duties on an employer.
employment at will
If a bargaining unit votes to unionize, and the board certifies the vote, this unit becomes the ______.
exclusive bargaining unit of all employees
Under ERISA, ______ pension plans must comply with certain standards. (Check all that apply)
existing new
Under GINA, genetic information includes ______ history.
family medical
Under FMLA, a qualifying exigency allowing an employee to take up to twelve (12) weeks of leave might include a ______. (Check all that apply)
family member being placed on the temporary disability retired list family member being called into active duty
Many statutes require you to keep records for reporting to ______. (Check all that apply)
federal agencies state agencies
The Age Discrimination in Employment Act protects persons who are ______ years of age and older.
forty (40)
Workers' compensation statutes require employers to ______. (Check all that apply)
furnish an injured employee a fixed level of income during disability furnish an injured employee medical treatment
A court order known as ______ makes money or property held by a debtor subject to the claim of a creditor.
garnishment
The National Labor Relations Board's major functions are to ______. (Check all that apply)
hear charges of unfair labor practices conduct elections to determine employee interest in a union
Under the ADAA, when determining whether an impairment limits a major life activity, employers must make these decisions without tools like ________________ unless it meets a business necessity
hearing aids prosthetic limbs glasses
Under FLSA, to be exempt from FLSA coverage as an executive, one must be involved in ______.
hiring and firing
Affirmative action plans might include ______.
hiring one minority for every white worker until a percentage is met
Many states and local governments protect ______ against discrimination under their rules.
homosexuals
The Labor-Management Relations Act prohibits the union and employer from agreeing that the employer will refrain from dealing in products of another employer. These contracts are known as ______ agreements.
hot-cargo
Excluded from the Labor Management Relations Act are ______. (Check all that apply)
household employees agricultural laborers federal government employees
HIPAA laws require that employers not share ______ information with third parties.
identifiable employee health
If someone told an employee that his job is a "career position," a court can infer this as a contract promise if the employee was then fired ______, causing a wrongful discharge.
in bad faith
An affirmative action plan's goal is to ______. (Check all that apply)
increase the proportions of women in an employer's higher-level positions increase the proportions of minorities in an employer's workforce
The Patient Protection and Affordable Care Act extends ______ to almost all United States residents.
insurance
Workers' compensation laws put liability for injuries on the employer if an employee ______.
is working within the scope of her employment
If the National Labor Relations Board finds that an employer or union has engaged in unfair labor practices, it can ______.
issue a cease-and-desist order
The EEOC objects to mandatory binding arbitration agreement because the EEOC believes ______. (Check all that apply)
it denies employees the right to bring independent discrimination claims it does not allow the EEOC to be involved in discrimination suits
The Norris LaGuardia Act prohibits federal courts from issuing injunctions against ______. (Check all that apply)
lawful picketing lawful strikes
In 2008, FMLA was revised to accommodate ______.
military families with qualifying exigency
Early employment laws did not allow young children to work in ______ operations. (Check all that apply)
mining manufacturing
Recently, there has been a great deal of litigation regarding whether it is an unfair labor practice for an employer to avoid its contract by ______. (Check all that apply)
moving work to a non-union site declaring bankruptcy closing a plant
Under workers' compensation, ______.
not all workers are covered
The EEOC, which strongly supports alternative dispute resolution (ADR), ______.
objects to mandatory binding arbitration agreements forced on employees by employers
OSHA inspectors have the right to enter and inspect workplaces at any reasonable time. If an employer objects, the inspectors must ______.
obtain a search warrant
In 1932, the United States Congress passed the Norris-LaGuardia Act to help ______.
offset employer advantages over unions
FLSA covers ______.
oppressive child labor
In March 2019, the United States Department of Labor proposed a rule that made employees earning less than $35,308 per year eligible for ______.
overtime pay
Afflictions that would not be covered by the ADA include ______. (Check all that apply)
people addicted to alcohol people addicted to drugs
Early retirement for inability to do the work is ______ under the ADEA.
permitted
In terms of drug testing, many states have passed protections for ______ that mirror public sector constitutional protections.
private sector employees
The yellow-dog contract is ______.
pro-employer
The Labor-Management Reporting and Disclosure Act was passed to ______.
promote honest and democracy in running the union's internal affairs
Affirmative action plans encourage employers to ______. (Check all that apply)
promote qualified minority and females candidates apply greater efforts in finding minorities to apply for jobs
The Pension Protection Act of 2006 (PPA) ______ (Check all that apply)
provides for automatic enrollment of employees in 401(K) plans is designed to to get more employees to save for retirement
Under the ______ exception to the employment-at-will doctrine, firing someone for exercising a statutorily recognized duty, right, or privilege would be a wrongful discharge.
public policy
If someone suffers intentional discrimination under the ADA, they can sue for ______ damages.
punitive
In worker's compensation, ______ damages cannot be recovered. (Check all that apply)
punitive emotional
No BFOQ exception is allowed with respect to discrimination based on ______. (Check all that apply)
race color
The Employment Retirement Income Security Act (ERISA) ______.
regulates the management and vesting of established pension plans
In drug screening cases, courts generally have to weigh the employer's right to have a safe workplace with the employee's ______.
right to privacy
Under the Equal Pay Act, different pay rates are permitted for ______. (Check all that apply)
seniority and merit pay incentive-based compensation systems shift differentials
Many state statutes give the state the right to ______. (Check all that apply)
set state overtime rules raise the state minimum wage above the federal level
The Equal Pay Act was passed to prohibit ______ discrimination in pay.
sex
Title VII has more recently been interpreted to encompass ______ as a form of prohibited discrimination.
sexual harassment
Federal contracts and some state laws prohibit discrimination based on ______. (Check all that apply)
sexual orientation homosexuality gender identity
In response to protecting employees who report their employers who have committed legal violations, ______ enacted laws to protect whistleblowers.
state and federal legislators have
The United States Supreme Court ______ employment-related ADR agreements that prevent employees from suing their employer.
supports
Rapid changes in ______ have raised new questions and prompted recent changes in employment laws.
technology
The Occupational Safety and Health Act applies to all businesses ______.
that affect interstate commerce
The Civil Rights Act of 1991 expanded employment discrimination law to include ______. (Check all that apply)
the availability of punitive damages in intentional discrimination cases the right to a jury trial in intentional discrimination cases
ERISA premiums were recently raised because of ______.
the bankruptcies of several large employers whose plans were not fully funded
When determining if an accommodation is an undue hardship the courts will consider ______. (Check all that apply)
the cost of accommodation and the size of the employer how many people will be helped
In the 20th century, employment laws instituted by the federal and state governments began to take into account ______. (Check all that apply)
the importance of the employee and employer relationship the abuse of power that can occur by an employer the power the employer has over the employee
The decline in union membership in the United States in recent decades can be attributed to ______.
the loss of traditionally unionized jobs in the manufacturing sector court recognition of worker rights
The 1978 amendments to the ADEA made it illegal to require ______.
the retirement of employees less than 70 under a mandatory pension plan
Under FLSA, employers are required to keep records that include ______.
the time worked by covered employees
Drug tests are generally allowed if an employer can show that ______.
the use of drugs threatens public safety
One of the reasons employees may need ERISA help is because ______.
their employer's business files for bankruptcy
If an employer is using a polygraph to determine employee theft, the employer must show ______. (Check all that apply)
there is reasonable ground to believe the employee was involved the employee had access to the material under investigation
Under the Family and Medical Leave Act, an employee may take up to ______ weeks of unpaid leave for a qualifying event.
twelve (12)
ERISA covers ______ pension plans.
union-sponsored employer
Some states and federal laws are regulating an employer's use of ______ and other electronic monitoring because of privacy concerns. (Check all that apply)
video computers phones
Employees who report employers wrongdoing to appropriate agencies are protected under the public policy exception known as ______.
whistleblowing
Title VII of the Civil Rights Act applies to employers ______. (Check all that apply)
with fifteen (15) or more employees who engage in an industry that affects interstate commerce
Employees can recover under workers' compensation for ______.
work-related injuries
If an employer fires an employee for serving on jury duty, filing a workers' compensation claim, or other public policy exception to the employment-at-will rule, the employer has committed ______.
wrongful discharge
In early years, ______ contracts required a worker taking a job to promise not to join a union.
yellow dog
