Employment and Labor Law Midterm

What counts as reasonable accommodation?

1. make facilities accessible 2. restructuring jobs 3. providing part time or modified work schedule 4. modifying or providing equipment 5. adjusting or modifying policies 6. providing readers or interpreters

Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the elections.​

12 month

When must an individual file a complaint with the EEOC in order for it to be timely?

180 days if in a state without it's own agency, 300 if in a state that does have it's own agency.

At which headcount threshold are employers covered by the Family and Medical Leave Act (FMLA)?

50 or more

Explain what a BFOQ is and when it may be permitted.

A BFOQ is a bona fide occupational qualification. This is justified discrimination because of business necessity. It can never be used for race or color, only gender, national origin, or religion.

Identify at least three factors which may be considered in determining whether an individual is an employee or an independent contractor?

Are they being directly supervised by someone/told what to do, who has financial control of the job, and relationship (who can terminate)

What are the primary protections for employees provided by the Family and Medical Leave Act (FMLA)?

Benefits under group health plan must be continued and at the end of the leave they have to be returned to their former position or one equivalent to it

Identify the two primary classifications of discrimination claims.

Disparate treatment, disparate impact

Which of the following is not accurate regarding the basis for coverage under the FLSA?​

Employees who are engaged in interstate commerce, but not including employees involved with importing or exporting goods outside the United States.

What issues does the Portal-to-Portal Act address?

Employers aren't required to pay employees for activities they need to complete before/after the job.

The purpose of the I-9 Form is to:

Ensure employment in the US is authorized and to verify employee identity.

FSLA- Enterprise Coverage

Entire organization is covered under FSLA if they have at least 2 employees, and annual sales over 500k OR hospitals, schools, medical care for residents, or gov't agencies

The Equal Pay Act's coverage is similar to that of the:

Fair Labor Standards Act

A person with a history of cancer whose disease is currently in remission is not protected by the employment discrimination provisions under the ADA.

False

A pregnant employee may be denied employment if the employer is concerned the unborn baby might be at risk.

False

A severely disfigured person who is otherwise qualified to perform the essential functions of a position can be denied employment as a receptionist if the employer is concerned with the reaction of customers.

False

An employee is eligible for a Family and Medical Leave Act (FMLA) leave after completing six months of full-time employment.

False

An employer can only require a drug test at the time of hire.

False

An employer can refuse to hire an individual with HIV under the food handler defense.

False

An individual who is using authorized medical marijuana is protected from termination from employment if the individual has a positive drug test.

False

Drug testing is not allowed by the ADA.

False

Employees over 40 can be required to retire if an employer's customers prefer younger employees.

False

Homosexuality, bi-sexuality, and sexual behavior disorders are covered by the ADA?

False

Illegal drug users are entitled to protection under the ADA?

False

Medical examinations of new hires are no longer permitted under the ADA.

False

Pregnancy is considered a BFOQ which provides an employer an exception from liability if it terminates the employment of a pregnant woman.

False

Providing eyes glasses or a hearing aid would be considered "reasonable accommodation" .

False

Pursuant to Michigan's Paid Medical Leave Act, effective March 29, 2019, all employers are required to provide paid sick leave to their employees.

False

Section 7 employee rights are only applicable for employers who have a union.

False

The ADA only protects employers with 75 or more employees at its worksite.

False

The ADEA is applicable to employers with 15 or more employees.

False

The term "impairment" includes physical characteristics such as hair color, eye color, or left-handedness.

False

When an employee older than age 40 cashes a severance check upon termination of employment, the employee has waived his or her rights to ADEA discrimination claims.

False

An employer cannot be liable for sexual harassment unless the harasser is a supervisor or manager.

False- they can be liable for any employee, customer or 3rd party.

Pursuant to the FLSA, all employees are entitled to minimum wage and are eligible for overtime pay.

False-people on salary basis, specific classifications(executive, administrative, professional, computer related, outside sales, $107432/year, teachers and interns) are exempt from the FSLA

The Fair Labor Standards Act prohibits all forms of child labor.

False. They want to protect educational opportunities. They prohibit employment that is detrimental to health and safety and from working in hazardous conditions. 16+17 y/os may work in certain non-hazardous occupations, 14+15 y/os may be employed in non-manufacturing/non-mining jobs for limited hours.

Identify the additional protected classes related to employment pursuant to Michigan law.

Height, weight, marital status

______________ is the second leading cause of fatal occupational injury in the United States.

Homicide

When arbitration is used to create a new agreement or renew an existing one, it is known as _____ arbitration.

INTEREST

Why does it matter whether an individual is treated as an employee versus an independent contractor?

If they are an independent contractor, the FLSA does not apply to them. It is very important to make sure you classify your "employees" correctly otherwise it can lead to serious legal issues. If someone is actually an employee but is being treated as an independent contractor, they have more protections and benefits than they are being offered.

What are the three questions to ask when evaluating a situation?

Is there a law? Does it apply? What does it require?

IRAC Format

Issue (What is the question to be resolved?) Rule (What law governs this matter?) Application [Analysis] (Apply the law to the facts) Conclusion (Decision or Verdict)

Identify at least three specific recommendations for minimizing violence in the workplace.

Making sure your employees are properly trained, having a violence protection policy, and monitoring visitors.

What are the primary protections provided by the FLSA?

Minimum wage, overtime pay, child labor, deductions from paycheck

Upon the termination of an individual's employment, the I-9 Form:

Must be retained for three years from the date of hire or one year from the termination of employment, whichever is later.

The employees of GR Auto Sales Plus decided to select John as their bargaining representative for the purposes of collective bargaining by the majority of the employees. The major issues of negotiation include rates of pay, wages, hours of employment, or other conditions of employment. In this scenario, John is covered under the:​

National Labor Relations Act

What is the department of labor responsible for?

Occupational safety, wage and hours standards, unemployment insurance benefits, reemployment services

What is the impact of an employee being classified as exempt or nonexempt under the FLSA?

People who are exempt from FLSA: wage level of over $684/week, salary basis employees, executive, administrative, professional, computer-related, outside sales, interns, teachers, and those who make $107432+ a year. These people are not required to be paid the minimum wage or to be paid time and a half for overtime. For example, someone on a salary basis will get paid the same amount no matter how much they work.

What are the primary purposes of the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

Prohibits discrimination because of military service, and provides guidelines for procedures and protections.

Identify the five identified protected classes when Title VII was enacted.

Race, color, religion, sex, national origin

What factors might the EEOC consider in determining whether an employer must make a reasonable accommodation of an employee's religious beliefs or practices.?

Size of employers workforce, cost of accommodation, administrative requirements, what alternatives there are

Which of the following statements is NOT true of the NLRA's approach to the duty to bargain?

The act allows the employer to refuse to bargain with the bargaining unit.

Age can be a BFOQ.

True

An "individual with a disability" includes an individual who has a physical or mental impairment that substantially limits one or more major life activities.

True

An employer is legally required to bargain in good faith with a union which represents its employees.

True

Gamblers, kleptomaniacs, and pyromaniacs are excluded from the ADA coverage?

True

The Equal Pay Act is an amendment to the Fair Labor Standards Act.

True

When pay differentials between male and female employees are due to a seniority system, a merit pay system, a productivity-based pay system, or "a factor other than sex," the pay differentials generally do not violate the Equal Pay Act.

True

Identify a method a plaintiff may use to demonstrate a disparate impact.

Use statistical evidence

To determine if the union has majority support during the first twelve months of a strike, the NLRB held that economic strikers must be considered as members of:

a bargaining unit

Disparate Impact

a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities

When a union acquires bargaining rights by voluntary recognition rather than certification, the employer is required to recognize and bargain with the union only for ______________ if no agreement is in effect.

a reasonable period of time

In Electromation, Inc v NLRB, the NLRB ultimately found that Electromation violated Sections 8(a)(2) and (1) of the NLRA through its establishment and administration of :

action committees

What are three primary goals of the EEOC?

administrative and judicial enforcement, education, technical assistance

Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.

agriculture

A union can become an exclusive bargaining representative in each of the following ways EXCEPT:

by filing an application with the NLRB

Section 8(a)(1) and Section 8(b)(1) of NLRB prohibit:​

coercion and restraint of employees by employers and unions

In the case of Buckhorn, Inc. and International Union of Industrial and Independent Workers, the NLRB contended that the unit limited solely to maintenance employees is not an appropriate unit for the purposes of:​

collective bargaining

In NLRB v. City Disposal Systems, the US Supreme Court concluded that Brown's refusal to drive unsafe trucks was a(n) _____ under Section 7 of the NLRA.​

concerted activity

Under the contract bar rule, a written labor contract (signed and binding on the parties and dealing with substantial terms and conditions of employment) bars an election among the affected bargaining unit:​

during the life of that bargaining agreement

As long as the parties bargain with an intention to find a basis of agreement, the breakdown or deadlock of negotiations is not a violation of the:

duty to bargain in good faith

Who does Title VII apply to?

employers with 15 or more employees for 20 weeks/year, federal/state/local gov't, foreign corporations

FSLA- Individual Coverage

engaged in interstate commerce, engaged in the production of goods for interstate commerce.

FSLA Requirements-Wages

establishes minimum hourly wage ($7.25 federal), requires payment of time and a half to who works more than 40 hours a week

In the late 1880s, the development of all of the following provided powerful weapons for use against the activities of organized labor EXCEPT:

ex parte proceedings

A lockout amounts to a permanent closure of a plant to avoid unionization.

f

Section 8(b) (4) prohibits primary picketing by a union against an employer with which it has a dispute.

f

Section 8(d) requires the parties to make concessions or to reach an agreement in order to show they have engaged in good faith bargaining.

f

The union's bargaining pressure tactics include its ability to lock out the employees or to permanently replace nonstriking workers.

f

A de minimis occupational safety and health violation is a significant technical violation.

false

An employer can prohibit all solicitation and distribution of union materials at its workplace.

false

As soon as an employer has 50 employees, the Family and Medical Leave Act applies.

false

In completing an I-9 Form, a new employee must produce a driver's license and social security card.

false

In the context of international laws, a convention is where the representatives of various countries meet to discuss policy and regulations.

false

Member countries of the International Labor Organization are required to adopt and to follow the labor and employment laws, regulations, and guidelines it has promulgated?

false

The Family and Medical Leave Act (FMLA) requires an employer with 50 or more employees to provide paid medical leave for an employee with a serious health condition.

false

The NLRA applies to both public and private employers.

false

The National Labor Relations Act (NLRA) requires that the method of determining the employees' choice of a bargaining representative is to hold a secret ballot election.

false

At which headcount threshold are employers covered by the Families First Coronavirus Response Act (FFCRA)?

fewer than 500 employees

Moving Company Inc. entered into an agreement with the union to refrain from layoffs during the recession. Despite the agreement, the company decided to lay off a few of its employees. The union decided to file a complaint against the company for not living up to its obligations under the agreement. The union's action amounts to a(n):​

grievance

Resources of a company

human, financial, physical materials, information

In the Major League Baseball Players Association v Garvey case, the Supreme Court stated that when the court vacates an arbitration award, the court:

must remand the issue back to arbitration for resolution rather than settling the merits of the dispute.

In Chao v Gunite Corporation, citations were issued for violations of:

occupational safety and health regulations

Under the NLRB, unfair labor practice strikes are:​

protected activity

What does Title VII prohibit?

refusal or failure to hire, discharge, and discrimination in compensation, terms, conditions, privileges

Identify the three primary prohibitions under Title VII.

refusal or failure to hire, discharge, discrimination: compensation, terms, conditions, privileges

Disparate Treatment

results when employees from protected groups are intentionally treated differently

If the labor union of a soft drinks company is picketing in front of the wholesaler, instead of picketing on the company's premises, generally under the NLRA:

such secondary picketing shall be prohibited

An employer and a union which has been certified as the exclusive bargaining representative are required to bargain in good faith.

t

An employer may resort to lockout only after bargaining in good faith to an impasse.

t

Employers are free to permanently replace employees who go on an economic strike.

t

Many employer violations of Section 8(a)(1) occur in the context of union organizing campaigns, and usually involve restrictions on the soliciting activities of employees or coercive or threatening remarks made by the employer.

t

The Labor Management Reporting and Disclosure Act (LMRDA) sought to ensure that union members were guaranteed certain rights when subjected to internal union proceedings.

t

The parties to a collective bargaining agreement generally incorporate arbitration as the final step of the grievance procedure.

t

In determining whether an individual is an employee or an independent contractor, the NLRB considers each of the following EXCEPT:

the degree of control exercised by the Company over the individual the degree of direction exercised by the Company over the individual ----whether the individual wants to be represented by the Union for collective bargaining whether the individual has an entrepreneurial opportunity for profit and loss from his/her efforts

employment at will

the legal concept that an employee may be terminated for any reason

An employer who recognizes a union without the support of a majority of employees violates the NLRA.

true

If an employer believes that an occupational safety and health standard is inappropriate for its particular situation, an exemption (or variance) may be requested.

true

In order to be considered a "good global citizen", a corporation attempts to behave in fair and human ways toward its workers and to utilize "green" policies and practices to protect the environment.

true

The Board requires that the parties in an election should refrain from formal campaigning for twenty-four hours prior to the election.​

true

The Families First Coronavirus Response Act (FFCRA) requires covered employers to provide eligible employees paid sick leave and expanded family and medical leave for COVID-19 related reasons.

true

The Occupational Safety and Health Act (OSHA) requires employers to furnish employees a workplace free from recognized hazards that cause, or are likely to cause, serious injury or death.

true

Unfair labor practices (ULPs) are various forms of conduct or activities that adversely affect employees in the exercise of their rights under Section 7 of the NLRA.

true

When a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit.

true

When doing business globally, a company must know whether there are laws of the country in which it is doing business which must be followed.

true

When do internships not have to be paid?

understand it's not paid, similar to educational environment, credit received, for a specific amount of time

Weingarten rights provide:

unionized employees the right to have a union representative present during a meeting which may lead to discipline

The requirement of exhausting contractual remedies flows from the policy of fostering:

voluntary settlement of disputes