chapter 20

employment at will

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise.

10. Which federal law provides workers who have been terminated with continued access to health insurance? a.COBRA b.FMLA c.ERISA d.IRCA

A.COBRA COBRA allows terminated employees to have continued access to health insurance for a specified period of time.

4. Federal rules and regulations concerning worker safety are enforced by: a.OSHA. b.the NLRB. c.the EEOC. d.the CSPC.

A.OSHA. The Occupational Safety and Health Administration (OSHA) enforces worker safety rules and regulations.

2. When someone is a whistleblower, what does s/he do? a.S/he monitors environmental progress on federal projects. b.S/he consults union organizers in elections. c.S/he alerts workers when it is time for union meetings. d.S/he tells government officials, upper management, or the press that his or her employer is engaged in an unsafe or illegal activity.

A.either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract. This is the legal meaning of employment at will.

wrongful discharge

An employer's termination of an employee's employment in violation of an employment contract or laws that protect employees.

9. Which law regulates private pension funds? a.CERCLA b.UNESCO c.The Social Security Act d.ERISA

B.ERISA This act regulates private pension funds

7. If you were going to challenge the constitutionality of a drug test required by your employer, a federal government agency, which part of the U.S. Constitution would you rely upon? a.The Second Amendment b.The Fourth Amendment c.The Eighth Amendment d.The Thirteenth Amendment

B.The Fourth Amendment The Fourth Amendment protects citizens from unreasonable searches and seizures. Depending on the circumstances, a drug test could be considered an unreasonable search.

6. In cases brought by employees alleging that their privacy has been invaded by e-mail monitoring: a.the courts have tended to hold for the employees. b.the courts have tended to hold for the employers. c.the courts have tended to hold for the employers but only if the employees were informed of the monitoring. d.the United States Supreme Court has ruled that the employees' right to privacy has been violated.

B.the courts have tended to hold for the employers. The courts generally reasoned that because the employer provides the e-mail system for the employees' on-the-job use, employees should have no expectation of privacy when using the system.

3. The Fair Labor Standards Act (FLSA) DID NOT do which of the following? a.Require overtime payment after an employee works forty hours in one week. b.Prohibit oppressive child labor. c.Restrict the power of federal courts to issue injunctions against unions. d.Extend minimum-wage rules to employees in covered industries.

C.Restrict the power of federal courts to issue injunctions against unions. This is not a part of the Fair Labor Standards Act.

8. Workers' compensation laws are what kind of law? a.Federal statutory law b.Common law c.State statutory law d.International law

C.State statutory law These are state statutory rules.

5. The Family and Medical Leave Act of 1993 requires employers who have fifty or more employees to provide employees with: a.up to five weeks of unpaid family or medical leave during any twelve-month period. b.up to ten weeks of unpaid family or medical leave during any twelve-month period. c.up to twelve weeks of unpaid family or medical leave during any twelve-month period. d.up to twenty-four weeks of unpaid family or medical leave during any twelve-month period.

C.up to twelve weeks of unpaid family or medical leave during any twelve-month period. The act requires employers to provide up to twelve weeks of unpaid family or medical leave during any twelve-month period.

The term employment at will means that: a.either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract. b.the employer must hire when the will of the employee coincides with the will of the employer. c.the employee may quit his or her job only for cause, and only after consulting with the employer. d.the employer may not fire an employee except for cause, and only after a formal review process.

D.S/he tells government officials, upper management, or the press that his or her employer is engaged in an unsafe or illegal activity. A whistleblower is an informant, someone who tells someone else that his or her employer is acting in an illegal or unsafe fashion.

workers' compensation law

State statutes establishing an administrative procedure for compensating workers' injuries that arise out of?or in the course of?their employment, regardless of fault.

vesting

The creation of an absolute or unconditional right or power.

minimum wage

The lowest wage, either by government regulation or union contract, that an employer may pay an hourly worker.