BLW Ch 34 Employment Law

Denny works for Engineers P.A. While working on an Engineers project, Denny is injured. Under state workers' compensation laws, he will be compensated only if the injury was

accidental

Owen is an employee of Paving Inc., which is performing a contract for the federal government. Owen learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is

an exception based on a statute

Frank is an employee of Guitar Makers LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

an exception based on contract theory

Health Clinic Inc. has no written employment manual or oral discharge policy, avoids abusive treatment of its staff, and acts to prevent illegal and unsafe activities. The clinic freely hires and fires its employees, who are similarly free to quit at any time. With respect to the employment-at-will doctrine, this is

an exception based on public policy

Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement. With respect to the employment-at-will doctrine, this is

an exception based on public policy exception based on public policy

A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

false

A worker who has voluntarily left his or her job qualifies for unemployment compensation to partially make up for the worker's loss of income.

false

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment.

false

An employer can eliminate a worker's medical, optical, or dental insurance coverage on the voluntary termination of the worker's employment.

false

An employer can waive or reduce the federal overtime pay requirements if the waiver or reduction is applied to all otherwise eligible and ineligible employees.

false

An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.

false

An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.

false

An express employment contract cannot protect an employee from discharge without good cause.

false

Certain employers are required to keep occupational injury and health records for each employee, but due to privacy concerns, no employer is permitted to electronically post those records.

false

During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee to avoid the potential negative effect of unpaid leave on interstate commerce.

false

Employees who work ten hours a day, for four days a week, are entitled to overtime pay because they work more than eight hours a day.

false

For a union election to be held, the organizers must show that a majority of the workers support the union.

false

In states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled only to the lower federal amount.

false

Notifying employees that their e-mails and phone calls may be monitored protects an employer who also monitors social media posts and text messages from liability for invasion of privacy.

false

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country.

false

To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.

false

To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.

false

To receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer.

false

Federal overtime provisions apply only after a covered employee works more than

forty hours in a week

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

mechanics

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment

must continue it

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

restore him to his same position or a comparable position

Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in

the employers liability for breach of contract

Retail Company is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is

the highest minimum wage

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

to go on an extended family vacation

An eligible employee may take unpaid leave under the Family and Medical Leave Act for family or medical reasons, and in certain situations that arise from military service.

true

An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.

true

An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result

true

An injury that occurs while an employee is commuting to or from work is usually not considered to have occurred on the job or in the course of employment and hence is not covered by workers' compensation law.

true

Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.

true

During collective bargaining sessions, both parties may engage in hard bargaining, but the process must be geared to reaching a compromise.

true

Employers who provide health insurance to their employees must ensure that the employees' health information is not disclosed to unauthorized parties.

true

Federal wage-hour requirements apply to all employers engaged in interstate commerce, in producing goods for interstate commerce, and in certain other businesses.

true

If a state law requires employers to give employees one day off per week, an employee who works that one day may be entitled to overtime pay under federal law.

true

If an employer does not pay unemployment taxes, the government can place a lien on the business's property to secure the debt.

true

Most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation.

true

Private employers are generally free to hire and fire workers at will.

true

The Immigration Act limits the number of legal immigrants entering the United States.

true

The National Labor Relations Act established the right of private-sector employees to form unions and to strike.

true

The permissibility of a private employer's drug testing of employees may hinge on whether the testing is reasonable.

true

To be eligible for unemployment compensation, a worker must be willing and able to work.

true

When workers must be laid off, the company cannot consider union participation as a criterion for deciding whom to fire.

true

Salsa Inc. employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of

up to twelve weeks

Elin is thirteen years old. Under the Fair Labor Standards Act, she cannot

work in a hazardous occupation

Tom is seventeen years old. Under the Fair Labor Standards Act, he cannot

work in a hazardous occupation