BUS251: Chapter 40 Reading & Assessment Questions

The FLSA is administered and enforced by the federal agency known as the _______.

U.S. Department of Labor

The Labor Management Relations Act of 1947 prohibited employers and employees from agreeing that union membership is a(n): _______.

condition for employment

Right-to-work laws:

make it illegal for employers to agree with unions that union membership be required for continuing employment

The _______ prohibits _______ employers from requiring a polygraph (lie detector) test as a condition of employment.

EPPA; private sector

Union contracts normally specify the means of arbitrating union _______ against an employer action or practice.

grievances

FMLA affords employees certain protections related to job security including _______ in the same or a similar job.

guaranteed employment

To trigger protection under workers' compensation laws, the injury must: _______.

have been accidental; have occured within the scope of employment

To obtain a license, one typically must apply in the office of ________ of any state in which the work will be performed.

business regulation

Under the NLRA, _______ is the process of negotiating an agreement on behalf of an entire workforce as opposed to individuals negotiating privately on their own behalf (or not negotiating at all).

collective bargaining

_______ is the process of negotiating terms and conditions of employment for employees in the collective bargaining unit.

collective bargaining

If a group of employees decides to form a _______ unit to deal with labor-management matters such as negotiating a contract, the _______ sets out a procedure for forming a union.

collective bargaining; NLRA

ERISA establishes rules for: _______.

conflicts of interest; fiduciary standards

The Fair Labor Standards Act was originally intended to cover employers engaged in:

interstate commerce only

The FLSA's primary provisions mandate (1) _______, (2) _______, (3) and _______.

minimum wage; overtime pay; restrictions on child labor

The FLSA establishes a(n) _______ wage, currently $_______ per hour, to be paid to every employee covered under the Act.

minimum; $7.25

If an election is certified, the employer must then recognize the _______ as the exclusive bargaining representative of the workers.

union

The FMLA is administered by the Department of Labor and applies to employers that have 50 or more employees within ____________ miles.

75

If an employee is killed on the job, the Occupational Safety and Health Act requires that the employer notify the administration as soon as possible but no later than _________ after the accident.

8 business hours

After a legally sound election is held, it is still required that the NLRB _______ the collective bargaining unit as a union.

certify

Congress provided clarification by amending the FLSA with the Portal-to-Portal Act to provide guidelines regarding what constitutes ___________ work.

compensable

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following unless consent to monitor is granted, except:

employee e-mail

True or false: Employers are required to establish retirement plans for their employees, especially for the high-quality employees.

false

Children in _______ and _______ are not subject to FLSA restrictions, as long as appropriate educational standards to be met through the use of tutors and homeschooling.

family agricultural jobs; child actors

Under FMLA, the _______ theory applies when an employee alleges that the employer denied him the right to use FMLA provisions.

interference/entitlement

_________ have the right to engage in picketing at the employer's facilities, although there is no right to picket at the actual property site owned by the company.

strikes

NLRA regulations prohibit employers from using threats of _______ or ______ in exchange for a nonunion vote.

termination or demotion; using incentives

If an employer offers retirement benefits, they are typically offered in the form of a(n) _______ or a(n) _______ plan.

pension; 401(k)

The Fair Labor Standards Act imposes restrictions on hiring workers under:

18 years old

The SSA benefits are funded by mandatory employment taxes under _______.

FICA

Which of the following is not covered under the Fair Labor Standards Act?

working conditions

The Family and Medical Leave Act provides that eligible employees be permitted:

12 weeks of unpaid leave during any 12-month period

To be eligible for FMLA benefits, including ______ of unpaid leave, an employee must have worked for the company for at least 12 months and have worked _______ during the past 12 months.

12 weeks; 1250 hours

Drug and alcohol testing raises important issues regarding the rights of an employee under the _______.

ADA

If testing uncovers a former drug addiction, under certain circumstances the employee is protected from discipline or termination under the _______.

ADA

The _______ updated existing wiretap laws and restricts an employer from monitoring an employee's personal calls without the employee's consent.

ECPA

If employers establish either a pension fund or a retirement savings plan, the employer is subject to the requirements of a federal statute called _______.

ERISA

The __________ updated existing wiretap laws and restricts an employer from monitoring an employee's personal calls without the employee's consent.

Electronic Communications Privacy Act

The _______ sets out basic protections for workers who need a brief leave from work to care for themselves or an immediate family member.

FMLA

The FLSA cannot be properly understood without reference to two major historical event that occurred during the earlier parts of the twentieth century:

Industrial Revolution and the Great Depression

Management is permitted to voice objections to the formation of a union under the:

Labor Management Relations Act

_______ establish a structure for an injured employee to be compensated through a statutorily mandated insurance program as the exclusive remedy for workplace injuries or illnesses.

Workers' compensation statutes

Generally a group of employees organizes an effort to have other workers sign _______ cards indicating that they wish to form or join a local union.

authorization

A _______ may be a single employer or those of an entire region or industry.

bargaining unit

Most states require many professionals to be _______ to perform the work legally, and businesses must comply with these requirements before allowing the worker to engage in certain areas of employment.

licensed

The objective of OSHA is to make the workplace as safe as possible for workers, including _______.

mandating warnings for hazardous work; setting national standards

The Employee Retirement Income Security Act establishes rules regarding each of the following except:

minimum interest rate returns on investments by pension and retirement savings plans

Under the NLRA, certain occupations such as air traffic control or law enforcement may be restricted from striking if allowing a strike would significantly jeopardize _______ or _______.

public health; safety

If an employer acts with _______ for the safety of its employees, the injured employee may bypass the workers' compensation system and sue the employer for a full recovery including _______ damages.

reckless disregard; punitive

The federal LMRDA does three things: _______.

regulates the internal operating procedures of a union; requires extensive financial disclosures by unions; gives NLRB additional oversight over internal union governance

Congress enacted the Labor-Management Reporting and Disclosure Act of 1959, which established a system of _______ and _______ intended to uncover and prevent fraud and corruption among union officials.

reporting; checks

Under FMLA, the _______ theory applies when an employee alleges that the employer terminated her based on an FMLA claim made by the employee.

retaliation/discrimination

An injured worker is not entitled to workers' compensation if the injury was intentionally self-inflicted or resulted from certain behavior except:

the employee's track record of attendance

When an employee is using an employer's computer system, the employer has the right to: _______.

track websites; count keystrokes and mouse clicks; block specific internet sites

True or false: Even though FLSA sets a minimum wage of $7.25 per hour, states are permitted to set a higher minimum wage level for employees working within their jurisdiction.

true

Misconduct during a union campaign constitutes a(n) _______ and may result in setting aside the election and other enforcement actions.

unfair labor practice

The election process begins with union organizers obtaining authorization cards from at least _______ of the members of a bargaining unit, the authorization cards are filed with the _______.

30%; NLRB

The FLSA sets a standard workweek at _______ hours in a _______-day period and an employee is entitled to overtime compensation for any hours worked in excess of the standard workweek.

40; seven

The FMLA is administered by the Department of Labor and applies to employers with _______ within _______ miles

50 or more employees; 75 miles

The PPACA requires employers with _______ or more full-time employees to purchase health care insurance for their employees or face a penalty, plus it offers small-business owners with _______ or fewer employees, immediate tax benefits.

50; 25

Employers must provide continuing health care coverage to any employee, for a fee, even if terminated, under the:

Consolidated Omnibus Budget Reconciliation Act

Generally, an injured worker is not entitled to workers' compensation if the injury was intentionally self-inflicted or resulted from _______.

employee's willful misconduct; knowing violation of safety rules; drug use

All computer use ordinarily is subject to employer monitoring, including the employer has the right to do all of the following except:

never limit the amount of time an employee may spend at a specific website

Under the ECPA, employers are restricted from accessing an employee's _______ or ______ without the employee's consent, unless this is done on company-owned devices in the the ordinary course of business.

office voicemail; personal phone calls

Overtime compensation is calculated by multiplying the hourly base rate of the employee times _______.

one and one-half

The FUTA established a state-administered fund to provide payments to workers who have suffered and is paid by which of the following?

only the employer

The NLRA provides general protections for the rights of workers to _______, engage in _______ bargaining, and use economic weapons (such as a _______)in the collective bargaining process.

organize; collective; strike

The FSLA outlaws the once-common practice of sending school-age children to work instead of to school by imposing restrictions on hiring workers _______.

over 12 years of age

The Labor Management Relations Act of 1947 authorizes states to enact _______ laws, which make it illegal for employers to agree with unions that _______ is required for continued employment.

right-to-work; union membership

Who would most likely not be a key employee?

security guard

The NLRA specifically provides that union employees can commence a(n) _______ to induce the employer to concede certain contract terms during _______.

strike; collective bargaining

Employers use elaborate employee-monitoring measures to primarily limit their risk of _______ in areas such as defamation and employment discrimination.

vicarious liability

The Federal Unemployment Tax Act of 1935 was enacted to provide limited assistance to:

workers who had been temporarily or permanently terminated from their employment through no fault of their own.

If Big Box Inc has three stores in San Antonio, Texas with 20 employees at each location and the stores are less than 10 miles from each other, Big Box _______ to offer FMLA to its employees.

would be required