Chapter 16

Which of the following statements is NOT true? D. Employers should permit employees to work overtime without permission whenever they feel it is necessary

D. Employers should permit employees to work overtime without permission whenever they feel it is necessary

Under the NLRA, employees who go on strike: D. cannot be terminated for going on strike

D. cannot be terminated for going on strike

Regarding employment benefits, the general rule is that: D. employers are not legally required to provide health care or pension plans

D. employers are not legally required to provide health care or pension plans

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule? D. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

D. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

As the new Assistant Human Resources Manager, you now have access to the salaries of all of the staff at your firm, and discover that the sole female salesperson on the staff is being paid significantly less than her male counterparts, although she has the same educational background and experience. Within about 6 months, you are to replace the current Human Resources Manager, an "old school" kind of fellow who is retiring. But since you are newly hired, you are reluctant to "make waves." Considering your duties and also the protection of your career, which of the following options would NOT be advisable? a. Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim

a. Tell the current "old school" HR Manager that the lower salary of the female salesperson is illegal, and that he must immediately raise her pay, or you will tell the salesperson that she should file an EEOC claim

CHP 15 Privacy rights arise from the U.S. Constitution's Fourth Amendment. a. True

a. True

The most significant FLSA exemptions are those for white-collar workers, namely, executive, administrative and professional. a. True

a. True

To be part of the same bargaining unit, employees must have sufficient community of interests and similar skill sets. a. True

a. True

Under the some circumstances, employers can refuse to restore key employees to their previous positions pursuant to the Family and Medical Leave Act. a. True

a. True

An employee would likely prefer this kind of pension plan: a. a defined benefit plan

a. a defined benefit plan

The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT: a. a minimum wage and overtime

a. a minimum wage and overtime

Which of the following is true regarding the role of conduct outside of the workplace in harassment cases? a. employers can be held liable based on harassing conduct that occurs outside of the workplace

a. employers can be held liable based on harassing conduct that occurs outside of the workplace

Which of the following is NOT true regarding compensatory ("comp") time? a. employers cannot require employees to use up their accrued comp time if employees do not wish to do so

a. employers cannot require employees to use up their accrued comp time if employees do not wish to do so

In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule: a. for the harasser, because the harassment is not because of sex

a. for the harasser, because the harassment is not because of sex

In order to be a "qualified individual with a disability," a disabled person must: a. meet the same, job-related education, skill, and background requirements as other job candidates or employees

a. meet the same, job-related education, skill, and background requirements as other job candidates or employees

Under the duties test, in order to be classified as exempt, an employee: a. must perform the duties of an executive, administrator, or professional

a. must perform the duties of an executive, administrator, or professional

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is: a. not limited for employees 16 years of age and over

a. not limited for employees 16 years of age and over

Which of the following is an element of an intrusion upon seclusion privacy tort claim? a. one party intentionally pries into the private affairs of another

a. one party intentionally pries into the private affairs of another

Regarding a perceived disability, it is correct to say that: a. people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA

a. people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise. a. promissory estoppel

a. promissory estoppel

The federal Jury System Improvements Act: a. protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service

a. protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service

Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy? a. the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

a. the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

Which of the following is true regarding grievances? a. they can be filed by individual employees and may be pursued by the individual with notice to the union

a. they can be filed by individual employees and may be pursued by the individual with notice to the union

Regarding Workers' Compensation, which of the following statements is NOT correct: a. workers' compensation is always an injured employee's exclusive remedy

a. workers' compensation is always an injured employee's exclusive remedy

Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her computer for evidence of this when she steps away from her desk, which she frequently must do. In the past, she has asked you to watch for urgent emails from customers and others while she was gone, and to page her, which you have done. So even if she came back unexpectedly and found you at her computer, it would probably not arouse her suspicion. Although you are reluctant to do this, he is your boss, and could make things difficult for you. What should you do? b. Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

b. Don't do it, even though your boss will may not understand. Tell him that if the situation were reversed, that is, if she was asking you to spy on him, you wouldn't do that, either. Tell him that this is a private matter, between him and her. Hope that he understands.

A valid investigation of a harassment claim by an employer requires at least due process. b. False

b. False

CHP 10 The escalator principle is a doctrine that permits employees absent under the FMLA to be promoted to the positions they would have obtained if not absent. b. False

b. False

CHP 11 The Fair Labor Standards Act governs the minimum wage across the country, and preempts state and local laws. b. False

b. False

CHP 12 Employers must provide benefits in the form of basic health insurance, paid vacation and pensions. b. False

b. False

CHP. 14 The OSH Act created two new agencies. b. False

b. False

Defined benefit plans are the less-regulated version of pension plans under ERISA. b. False

b. False

In order to take advantage of the religious organization exemption, the religious organization must prove a BFOQ based on religion. b. False

b. False

Only full time employees are covered by workers' compensation programs, not part-time workers or independent contractors. b. False

b. False

Private employers may keep an employee's medical records with her personnel file as long as they are marked "confidential." b. False

b. False

The specific actions that constitute "reasonable accommodations" for disability are set forth in the Americans with Disabilities Act. b. False

b. False

7. Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity? b. The Americans with Disabilities Act

b. The Americans with Disabilities Act

Which of the following is required for a successful implied contract wrongful discharge claim? b. a specific oral promise limiting employment at will

b. a specific oral promise limiting employment at will

Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations? b. at an employee's computer workstation

b. at an employee's computer workstation

Regarding the termination of individual employees, it is NOT correct to say that: b. employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees

b. employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that: b. employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

b. employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

. Which of the following is true of workers' compensation? b. experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer

b. experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer

In a case in which two managers broke into a locked restroom and snapped a revealing photograph of a male employee while he was urinating, then circulated it around the office, the managers committed the tort of: b. intentional infliction of emotional distress

b. intentional infliction of emotional distress

HIPAA, the Health Insurance Portability and Accountability Act provides all of these EXCEPT:

b. it provides that exclusionary periods can be no longer than 30 days

Just cause is required for the discipline or discharge of unionized employees because: b. labor agreements require it

b. labor agreements require it

When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this: b. quid pro quo harassment

b. quid pro quo harassment

Amanda is an employee at a high end department store in the HR department and has been in her office all day. After a pair of diamond earrings are found missing from the jewelry department, Mike, the store manager has every employee in the store brought together pursuant to an investigation. Which of the following is true? d. Mike cannot legally conduct a search of Amanda's person, belongings or office

d. Mike cannot legally conduct a search of Amanda's person, belongings or office

Serious health conditions" include: d. all of these

d. all of these

Protected concerted activities: d. apply to unionized workers but not to non-unionized workers

d. apply to unionized workers but not to non-unionized workers

Under Title VII, the concept of "religion" is: d. broadly interpreted

d. broadly interpreted

Non-employee organizers: a. have no rights under the NLRA and can be barred from entering workplaces d. can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

d. can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist

Which of the following factors is NOT relevant to a determination of an "appropriate bargaining unit?" d. common salaries

d. common salaries

In DirecTV v. NLRB, 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled: d. for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

d. for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety "all the time." The OSHRC ruled: d. for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

d. for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

As the Assistant Human Resources Manager, you have access to the employment files of all of the employees, including management. You have inadvertently learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he's told his wife. What should you do? d. nothing

d. nothing

You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you'd been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do? d. talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources

d. talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources

The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is: d. the criteria for finding employers liable differs depending on the outcome of the harassment

d. the criteria for finding employers liable differs depending on the outcome of the harassment

In the event of the serious injury or illness of a service member incurred while on active duty, the maximum period of leave under the FMLA during a 12 month period is: d. twenty-six weeks

d. twenty-six weeks

The Patient Protection & Affordable Care Act was challenged in a lawsuit alleging that the federal government exceeded its authority under the constitution by requiring that people buy health insurance. The case went to the U.S. Supreme Court, which ruled: D. upholding the law as valid, on the grounds that it constituted a tax on the lack of health insurance

d. upholding the law as valid, on the grounds that it constituted a tax on the lack of health insurance

CHP 13 Employees have the right to discuss with fellow employees the terms and conditions of work, even if there is no union at the business. a. True

A. True

CHP 9. Not just sexual harassment, but all forms of harassment are prohibited by Title VII. B.False

B.False

Which of the following is among the things that must be shown in order for two jobs to be considered "equal work"? C. there must be substantial overlap in the duties and tasks performed

C. there must be substantial overlap in the duties and tasks performed

2. Unless an employee has a written contract of employment for a term of years, she can not sue for termination based on contract. b. False

False

CHP 16 The Pickering Balancing test requires that the court weigh the free speech interests of the employee and public against the government's countervailing interest as an employer to promote workplace efficiency and avoid workplace disruption. a. True

True

You work in a large office in the "bullpen," a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker's chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why? b. report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured

b. report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured

Which of the following is an element of a prima facie case of failure to reasonably accommodate religion? b. that a conflict exists between a sincere religious belief or practice and an employment requirement

b. that a conflict exists between a sincere religious belief or practice and an employment requirement

If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule: b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut

b. that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut

After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee's answer unsatisfactory, the supervisor said, "Well, this is the last straw." What is the best assessment of this situation? b. the employee has suffered a constructive discharge

b. the employee has suffered a constructive discharge

About ERISA, the Employee Retirement Income Security Act, it is correct to say that: b. the law governs benefit plans broadly, not just pension plans

b. the law governs benefit plans broadly, not just pension plans

Regarding an employer's obligation to accommodate disability and religion, it can be said that: b. the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship

b. the obligation to accommodate in the areas of disability and religion is unique to those areas of the employment relationship

Regarding workplace privacy, which of the following statements is NOT true? b. under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work if their employers are federal contractors

b. under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work if their employers are federal contractors

clerical employee who has a special gift for languages is also disabled, and in a wheelchair. You have previously made his work area accessible, but he is now asking for a special accommodation - that you create a position for him in which he can use his language skills in translations, and not in clerical work. Which of the following statements is true? c. There is no requirement under the ADA that an employer create a position for an employee who is disabled

c. There is no requirement under the ADA that an employer create a position for an employee who is disabled

You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city's refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies, something which your Board of Directors has not authorized. You should: c. ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting

c. ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting

Summary plan descriptions (SPDs): c. can be the basis for claims that employees did not receive promised benefits

c. can be the basis for claims that employees did not receive promised benefits

In responding to requests for reasonable accommodation, employers should NOT: c. discuss the disabled employee's need for accommodation with other employees

c. discuss the disabled employee's need for accommodation with other employees

A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers' compensation. If her employer contested the claim, the most likely outcome of the case would be: c. granting of benefits because, under the usual exertion rule, the injury arose out of employment

c. granting of benefits because, under the usual exertion rule, the injury arose out of employment

Regarding representation election procedures, which of the following statements is true? c. if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days

c. if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days

"Hopalong" Jones was a cowboy working on a cattle ranch out west. He has worked at the ranch for three years and done an excellent job. He is also a two time bull riding champion at the state rodeo competition. He is fired when he admits to being gay. c. sexual orientation is a protected class in some states but not in others

c. sexual orientation is a protected class in some states but not in others

You have just been hired as the new Assistant Human Resources Manager at your firm, having worked your way up from the factory floor to the administrative suite. During your briefing for the new job, you are told that the firm has learned that its employees are attempting to unionize, a move which the firm has vowed to fight. As part of that effort, your boss, the HR Manager, has asked you to privately talk to some of your former co-workers on the factory floor to see what their thinking is, to learn about how many are in favor of unionizing, who, specifically, is supporting it, and what might make them change their minds. Among the things they want to know is what would work better - threats of reprisals against those supporting a union, or promises of benefits to those who oppose it. You are eager to do well at your new job, but you see some problems with these requests. Of the following choices, which is your best option? c. tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

c. tell them you would be glad to talk informally with your former co-workers to find out their attitudes about unionization and why this has come up, but that speaking about reprisals and benefits would be an unfair labor practice

The Mental Health Parity and Addiction Equity Act requires: c. that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments

c. that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed: c. the termination is suspect because the progressive discipline system was not followed

c. the termination is suspect because the progressive discipline system was not followed

Which of the following is true of OSHA's permanent standards? c. they are adopted only after a lengthy process of public hearings and documentation

c. they are adopted only after a lengthy process of public hearings and documentation

Which of the following is true regarding vesting requirements under ERISA? c. vesting usually occurs after five or seven years of service

c. vesting usually occurs after five or seven years of service