Bus Law Ch 21 Employment Law

Identify the documents that establish both identity and employment authorization of hired employees in the United States. (Check all that apply.)

An Employment Authorization document that contains a photograph Foreign passport that contains a temporary I-551 stamp U.S. Passport or U.S. Passport Card

Identify the various provisions of the Family and Medical Leave Act (FMLA). (Check all that apply.)

An employer must keep an employee's job available for when the leave is up and the employee returns to work. An employer may request from an employee who requests for medical leave a medical certification that a qualifying event has occurred in their life.

Identify the true statements about drug testing of employees in the United States. (Check all that apply.)

At present courts have upheld drug testing as part of required annual medical exams of employees. All public employees are protected from some drug testing by the Fourth Amendment's prohibition against unreasonable searches.

What is the penalty imposed on employers for failing to comply with the Worker Adjustment and Retraining Notification (WARN) notice when closing a work site or conducting mass layoffs?

Back pay to employees to cover the required 60-day period

Identify a true statement about Employment Eligibility Verification forms.

Both citizens and noncitizens must complete them.

Identify a true statement about the judiciary's view of the employment-at-will doctrine.

Courts have stated that it contains an implied promise of good faith and fair dealing by employers.

Identify the conditions under which the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides reemployment rights following a service period. (Check all that apply.)

If the employee had informed his or her employer that he or she was leaving the job for service in the uniformed services If the release from service was under honorable conditions If the individual held a civilian job

Which of the following is true of the Fair Labor Standards Act (FLSA)?

It establishes overtime pay, a minimum wage, child labor standards, and record-keeping requirements.

Identify a provision of the 2010 National Defense Authorization Act (FY 2010 NDAA).

It extends military caregiver leave to employees whose family members are recent veterans with serious illnesses.

Identify a true statement about Occupational Safety and Health Administration (OSHA).

It has jurisdiction over complaints about hazardous conditions in the workplace.

What are the attributes of the Fair Labor Standards Act (FLSA)? (Check all that apply.)

It limits the number of hours worked by minors under the age of 16. It sets 14 years of age as the minimum age for employment of minors.

In the context of workers' privacy in the United States, identify a provision of the 1988 Employee Polygraph Protection Act.

Private employers generally are forbidden from using lie detector tests while screening job applicants.

Otorun Inc. is a multinational company with more than 400 employees. Patricia joins the company as a senior manager and has been working with the company for a month. She applies for two months' leave under the Family and Medical Leave Act (FMLA) because her husband has to undergo a major surgery. Identify a true statement about this scenario.

She is not entitled to the leave as she has worked for less than 12 months in the company.

Which act under the federal employment law provides unemployment compensation?

The Social Security Act

Identify the features of the Worker Adjustment and Retraining Notification (WARN) Act of 1989. (Check all that apply.)

The WARN Act requires employers to provide their employees with notice of plant closings and mass layoffs. A WARN notice should be given to hourly, salaried, supervisory, managerial, and part-time employees.

Identify the defenses commonly used by employers to escape tort liability under the common law. (Check all that apply.)

The fellow-servant rule Contributory negligence Assumption of the risk

Which of the following is true of workers' compensation statutes?

The laws require that, to be compensable, the injury, illness, or death of an employee must arise out of and in the course of the employment.

Identify the criteria required for employees to be covered by the Family and Medical Leave Act (FMLA). (Check all that apply.)

They have worked for their employer for at least 12 months. They have worked at a location where at least 50 employees are employed.

True or false: Employers must issue verbal warnings to employees who violate rules, but they need not maintain a written documentation of the conversation.

This is false. Anytime an employee breaks a work rule or performs unsatisfactorily, the employer should issue the employee a written warning and place a duplicate in the employee personnel file. The warning should explain specifically what work rule the employee violated.

Natural disasters, such as storms, floods, and earthquakes, do not justify a less than 60-day notice for a plant closing or mass layoff.

This is false. Unforeseen business circumstances may justify a less than 60-day Worker Adjustment and Retraining Notification (WARN) notice for either plant closing or layoffs. Natural disasters, such as storms, floods, and earthquakes, may justify a less than 60-day notice for a plant closing or mass layoff.

True or false: Natural disasters, such as storms, floods, and earthquakes, do not justify a less than 60-day notice for a plant closing or mass layoff.

This is false. Unforeseen business circumstances may justify a less than 60-day Worker Adjustment and Retraining Notification (WARN) notice for either plant closing or layoffs. Natural disasters, such as storms, floods, and earthquakes, may justify a less than 60-day notice for a plant closing or mass layoff.

True or false: At common law, only an employee is liable in tort for damages resulting from injuries caused to another as a proximate result of negligence.

This is false. Workers' compensation laws were passed because the common law did not give adequate protection to employees from the hazards of their work. At common law, anyone is liable in tort for damages resulting from injuries caused to another as a proximate result of negligence.

True or false: The protections under the Employee Retirement Income Security Act (ERISA) include disclosure of information about the fiduciary relationships within a pension plan.

This is true. The Employee Retirement Income Security Act (ERISA) attempts to protect employees whose employers have voluntary pension plans. These protections include disclosure of information about the management of and fiduciary relationships within the plan.

True or false: Workers' compensation laws were passed because the common law failed to give adequate protection to employees from the hazards of their work.

This is true. Workers' compensation laws are state statutes designed to protect employees and their families from the risks of accidental injury, death, or disease resulting from their employment. They were passed because the common law did not give adequate protection to employees from the hazards of their work.

Which of the following are true of the Family and Medical Leave Act (FMLA)? (Check all that apply.)

Under the FMLA, an employee's parents in law do not qualify as an immediate family member. The provisions of the FMLA relating to birth, adoption, and foster care apply to both female and male employees.

Identify the situations in which a Worker Adjustment and Retraining Notification (WARN) notice is required. (Check all that apply.)

When the shutting of an employment site results in a loss of employment of 50 or more employees during any 30-day period When a mass layoff involves 500 or more employees losing their jobs in a 30-day period

Identify the circumstances under which employees can avail the provisions of the Family and Medical Leave Act (FMLA). (Check all that apply.)

When they have to take care of a newborn child When they are unable to work because of serious health conditions

The Worker Adjustment and Retraining Notification (WARN) notice is not required when _____.

an employer is replacing striking employees in large numbers

A feature of workers' compensation statutes is that they _____.

create strict liability for employers of accidentally injured workers

The Fair Labor Standards Act (FLSA) states that _____.

employers need to pay the state wage rate to employees if it is higher than the federal wage rate

In the context of the limitations on the employment-at-will doctrine, the Labor-Management Relations Act states that _____.

employers should be prohibited from firing employees for participating in union activities

According to the -- doctrine, historically, employers were able to discharge their employees without cause at any time.

employment at will

In accordance with the federal Immigration Reform and Control Act of 1986, all U.S. employers must complete and retain Form I-9, , forms for each individual they hire in the United States.

employment eligibility verification

To protect themselves from unjustified employee lawsuits, employers should _____.

enter written evaluations of employee performance regularly in employee personnel file

rule states that an employee's sole remedy against an employer for workplace illness or injury shall be workers' compensation.

exclusive remedy

Occupational Safety and Health Administration (OSHA) allows employees to _____.

file complaints against their employers for subjecting them to retaliation

Under the 2010 National Defense Authorization Act to qualify for exigency leave the military member must be deployed to a .

foreign country

One of the goals of the Patient Protection and Affordable Care Act is to _____.

increase the quality of health insurance

In the context of protection from unjustified employee lawsuits, before handing a prospective candidate an employment application, an employer must _____.

insist that the potential candidate carefully study the job description

A feature of the exclusive remedy rule is that _____.

it does not protect employers who intentionally injure other workers

An attribute of the Patient Protection and Affordable Care Act is that _____.

it mandates most Americans to purchase health insurance

A provision of the Worker Adjustment and Retraining Notification (WARN) Act is that _____.

it requires employers to provide notice of plant closings and mass layoffs even to part-time employees

Which of the following can comprise a paper fortress, a comprehensive documentation by an employer against an unjustified lawsuit by an employee?

job descriptions personnel manuals employee personnel files

The Family and Medical Leave Act (FMLA) requires employers to _____.

notify employees that they are eligible for family medical leave

An established system of adequate documentation that consists of personnel manuals, job descriptions, and employee personnel files and is used by employers to protect themselves against unjustified employee lawsuits is known as the .

paper fortress

According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), an employer cannot _____.

retaliate against anyone asserting his or her rights or assisting in the enforcement of USERRA rights

The Fair Labor Standards Act set wage, hours worked, and _requirements for minors in the workplace.

safety

State statutes designed to protect employees and their families from the risks of death, accidental injury, or disease resulting from their employment are known as laws.

workers compensation

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide notice _____.

60 days prior to conducting mass layoffs or closing a work site