LSTD chapter 11
collective bargaining unit.
Smith & Co. has no unions, but the manufacturing employees want to address their common interests with the company as a group, rather than as individuals. To do so, they will first form a: ______.
statutory
Exceptions to at-will employment include employees covered by express contracts or specific ______ protection against job termination.
bargaining
Federal and state employment regulations are intended to protect employees who have little _____ power on their own.
the Whistleblower Protection Act of 1989
Federal government employees have statutory protection from at-will terminations under: ______.
collective bargaining agreements.
Groups of employees may be covered by contracts negotiated for them by a labor union, known as: ______.
Unionization Child labor laws The working conditions of industrial employees
Identify the federal protections that the growing labor movement in the early 1900s forced the federal government to legislate.
certify
If a simple majority of employees vote to accept unionization, the NLRB will _____ the collective bargaining unit as a union.
grievance
If a union believes the company has mistreated an employee, it may file a(n) ______ against the company.
terminated
If employees are involved in a work stoppage other than an NLRA-authorized strike, they may be _____ for engaging in an illegal work stoppage.
they must pay a fee to the government instead
If employers are required by the PPACA to cover their employees with health care insurance, and choose not to: ______.
collective bargaining
If no union exists, a group of employees may form a(n) ______ unit to negotiate with management.
policy
If terminating an employee will harm the public good, a public ______ exception may be recognized.
27,500
In 2018, employers that offer high-end health care plans (plans that cost more than $________ per year) to their employees are required to pay an additional tax based on the total cost of the plan.
workers' compensation.
Instead of suing their employers for job-related injuries or illnesses, workers are protected by: ______.
agricultural, child actors
It is important to note that children in family ______ jobs and ______ are not subject to the FLSA restrictions.
a source of employee protections
Labor unions provide: ______.
Electronic Communications Privacy Act (ECPA)
Limited protection for the privacy of employee phone calls and voice mail is provided by the: ______.
implied contracts.
Manuals, handbooks, or other written guidelines distributed by an employer that provide protections against termination without cause may create:
good
Most employment contracts provide that employees may only be terminated for ____ cause
private employers
OSHA regulations apply to all ______.
at-will termination
So long as a(n) ______ does not fall under one of the exceptions, the employer is insulated from a wrongful termination lawsuit.
Federal government, paid for by taxes on employers and employees
Social Security is what type of retirement program?
credits
Social Security retirement benefits are based on ______ that employees earn throughout their working career.
benefits
Some organizations promise to pay workers retirement _____ , such as a pension, after the employees work for the company for a certain period of time.
right to work
States may enact ______ laws that prohibit requiring union membership for continuing employment.
FUTA
Temporary benefits are provided to those workers who lose their jobs through no fault of their own under: ______.
implied employment contracts.
Oral promises that a reasonable person would believe protect an employee from termination without cause may be held to be: _____.
Labor-Management Reporting and Disclosure
Reports and checks on the management of labor unions are provided in the __________ Act.
Fair Labor Standards Act
Restrictions on child labor are included in the: ______.
unions
Right-to-work laws are passed by states to prohibit employers from requiring employees to join _____ as a condition of continued employment.
ERISA
The Employee Retirement Income Security Act, or ____ , establishes requirements for both employer pensions and employee retirement savings accounts.
18
The FLSA outlaws the once common practice of sending school-age children to work instead of to school by imposing restrictions on hiring workers under _____ yrs old
seniority
The Family Medical Leave Act, or FMLA, allows employees to take leave to care for family members without losing their:
jobs
The Federal Unemployment Tax Act, or FUTA, provides benefits for employees who have lost their:
employment
The Labor Management Relations Act prohibits requiring union membership as a condition of: ____
lockout
The NLRA allows employers to _____ employees from the facility in order to bring economic pressure to bear to encourage negotiation.
strike
The NLRA provides that union employees may use a(n) ____ , or sustained work stoppage, to induce the employer to move toward their position in the bargaining.
good faith negotiations
The NLRA requires both parties to engage in ______.
threats
The National Labor Relations Act (NLRA) regulations prohibit employers from using _____ of termination or demotion if employees vote for unionization.
labor relations
The National _______ Act requires that both parties engage in good faith negotiations.
unscheduled
The Occupational Safety and Health Administration has the authority to conduct both routine and _____ work site inspections.
health care insurance plan
The Patient Protection and Affordable Care Act (PPACA) requires all citizens to have a(n) _____
disability survivors retirement
The Social Security system provides government benefits for: ______ (3 items)
federal
The Whistleblower Protection Act of 1989 protects ____ employees
public policy
The ______ exception to at-will employment is recognized when employer actions would harm the general public's well-being.
Health Insurance Portability and Accountability Act (HIPPA)
The ______ protects patient medical information and records from disclosure to a third party.
40
The basic workweek, established by the Federal Labor Standards Act, is limited to ____ hours in a seven-day period.
FLSA, untenable bargaining position
The concept behind the ______ is to level the playing field for employees who are in a(n) ______ with employers.
Collective bargaining with management
The employees at your company have voted to unionize, and the NLRB has certified your bargaining unit. What happens next?
National Labor Relations Board.
The employees of Ajax, Inc. are holding elections to determine whether to establish a union at their facility. The election will be monitored by the: ______.
health care
The employer is responsible to maintain ________ benefits for an employee who is using FMLA leave.
immigrant workers
The federal labor laws were adopted to protect the following:
OSHA
The federal law passed to prevent workplace injuries is: ______.
FMLA
The federal law that provides leave for employees to care for family members without losing their seniority or promotions is the: ______.
ERISA
The federal statute that governs both pensions and tax-deferred retirement savings accounts is most commonly known as ___
NLRB
The formal process to certify a union begins when the ____ sets a date for an election.
at-will employment
The historic common law principle that enables employers to hire or fire employees without prior notice or cause is known as: ______.
OSHA
The law passed to help prevent workplace injuries is known (by its initials) as:
National Labor Relations Act (NLRA)
The law that provides protections for workers who wish to form labor unions and engage in collective bargaining is the: ______.
course
To collect workers' compensation benefits, a worker's injury must have occurred within the _____ of employment.
PPACA
U.S. citizens are required to have health care insurance by the _____
health care exchange
Under the PPACA, individuals whose employers do not provide them with health insurance may purchase insurance through a(n) ______ that is set up by individual states.
with or without just cause
Under the employment-at-will doctrine, an employer may terminate an at-will employee under what circumstances?
cover workers who lose their jobs because of economic difficulties, for cause
Unemployment compensation is intended to ______; it is not intended to reward an employee who was terminated ______.
picketing
Union strikers have the right to demonstrate, also called ______, outside company facilities.
covered; nonexempt
Unless an employee is clearly exempt from FLSA coverage, she should be classified as a __________ __________ employee under FLSA provisions until such time as the employer has legal assurances that the employee is exempt.
law
Wages, working hours, and working conditions are covered in federal labor ___
grievance
is a complaint filed by a union against the company for alleged mistreatment of a union employee.
The Labor Management Relations Act
prohibits requiring union membership as a condition of employment
It puts undue pressure on employees to sign authorization cards
A reason employers are against the amendments to the Employee Free Choice Act is:
whistle-blower law
A specific statutory exception to the public policy exception to the employment-at-will doctrine is:
key, injury
A(n) ______ employee -- one who receives a salary in the top 10% of the company's salaries -- need not be reinstated after FMLA leave if the reinstatement would cause the company substantial economic ______.
collective bargaining agreement, nonmanagement
A(n) ______ is an employment agreement between managers and a business entity which gives contract rights to ______ employees as well.
oral, implied
A(n) ______ promise may create a(n) ______ contract if a reasonable person would believe the promise protects the employee from unjust termination.
strike
A(n) _______ occurs when employees agree to walk off their jobs and stop work for a sustained period of time in order to induce their employer to agree with their position.
vesting
After ________, employees are entitled to their benefits from employer contributed benefit plans
vesting
After a certain period of time, employees are entitled to the benefits of employer pensions even if they no longer work for that organization, under a principle called:
NLRB
After a simple majority of pro-union votes,who certifies the collective bargaining unit as a union?
collective bargaining
After certification, the union and management will engage in ______ to reach agreement on contract terms.
Working Papers
Although not required by the FLSA, most states require written documentation for child workers, often called: ______.
implied
An employee handbook that suggests protections against termination without cause may create a(n) ______ contract.
workers
An employee who has been injured on the job no longer has to sue the employer, but will be compensated through the state's ____ compensation program.
nonexempt
An employee who is covered by the provisions of the FLSA is also classified as a(n) ______ employee
key
An employee who receives a salary in the top 10% of the company's salaries is considered a(n) ______ employee, and the company does not have to reinstate the employee after FMLA leave if the reinstatement would harm the company.
very limited
An employee's right to privacy in the workplace is generally: ______.
intentional
An employer may not be protected from suit if the worker's injury resulted from actions by the employer that were _____ or reckless.
oral
An implied contract may be formed if an employer gives a(n) ______ promise that a reasonable person would believe protects the employee.
report illegal activity within their organizations.
An important exception to at-will terminations protects whistle-blowers, employees who: ______.
the employer acts with reckless disregard for the employee's safety
An injured worker may bypass the workers' compensation system when:
a wish to form a local union
As a condition of using authorization cards, employees must demonstrate a wish to _____
antidiscrimination
Certain federal and state statutes displace common law employment-at-will rules. The best examples are ______ laws that prohibit termination based on certain discriminatory motivations such as race or gender.
labor unions and employers
Collective bargaining agreements are negotiated between:
state
Drug and alcohol testing of employees is typically governed by ______ law rather than federal law.
exempt
Duties for ______ employees are classified as executive, administrative, or professional.
credits
Employees accrue ______ throughout their working life that are used to determine the level of Social Security retirement benefits they will receive.
retirement
Employees may commit a percentage of their base salary to be invested under their own control in a tax-deferred _____ savings account such as a 401(k) plan.
exempt employees.
Employees not covered by the FLSA because they are expected to be able to bargain for their own working conditions and pay are called: ______.
no
Employees using company computer equipment and systems have _____ right to privacy.
implied contract.
Employer actions that demonstrate intent to protect employees from unjust termination may create protection under a(n): ______.
replacement
Employers may hire nonunion ____ workers to take the place of union workers during a strike.
vicarious
Employers may monitor employees in order to avoid ______ liability for the employees' actions.
Discrimination
Employers seek to avoid vicarious liability for actions of employees that could be defamation or employment _____
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Employers with ______ or more employees are required to maintain safety records
COBRA
What federal law requires employers to continue to make available health insurance to employees to purchase for themselves, after the employees leave the company?
HIPAA
What federal statute sets rules that protect patient records and medical information from being disclosed to third parties?
The pension is a promise to pay a retirement benefit from the employer; a retirement savings account is controlled by the employee.
What is the major difference between a pension plan and a retirement account like a 401k?
Unionization Working conditions Child labor
Which of the following are addressed by federal and state laws concerning the relationship between employers and employees? (3)
Contract employee
What type of employee has rights of employment and termination included in an express agreement?
30%, authorization
When a group of employees wishes to form or join a union, they will need at least ______ of the employees in the bargaining unit to sign ______ cards.
same
When an employee returns from FMLA leave, the employee must be reinstated at the ______ rate of pay
The pay must be the same, in the same or a similar position.
When an employee returns from FMLA leave, what rights does the employee have regarding pay and position?
ADA
When employees are tested for drug or alcohol usage, action on positive results may be limited or prohibited under the: ______.
nonunion replacement
When employees strike, employers may hire ______ workers in order to keep the facility open and operating.
immediate reinstatement with back pay.
When employees who strike over a perceived unfair labor practice, rather than for economic reasons, return to work, they are entitled to: ______
manual
a _____ provided by the employer that outlines protections not available under at-will employment may create an implied contract.
health care benefits
While an employee is on FMLA leave, the employer is required to maintain the employee's: ______.
pension
While not required by law, employers may attract good workers by offering a(n) _____ at retirement.
disabled
While the Social Security system may be best known as a retirement system, it also provides payments if a worker becomes _____ , as well as providing survivor benefits if a worker dies.
independent
Whistle-blowers may still be terminated if their job loss is due to reasons ______ from their whistle-blowing activities.
may be required to participate in job training. must be actively looking for a new job.
Workers receiving unemployment benefits under FUTA: _____ (2 things )
fault
Workers' compensation payments are generally made to an injured employee regardless of the employee's ______ for the injury.
Common law
_____ at-will employment practices may be displaced by federal and state statutes.
states
_____ have adopted child labor statutes to supplement the federal law.
implied
______ contract may be created when a reasonable person would believe from an employer's actions that the employer intends to protect the employee from termination without cause.
Criminal behavior
______ in the course of employment would be considered good cause for which to terminate a contract employee.
States
______ may set a higher minimum wage than what is established by the FSLA.
401(k)
______ plan is an example of a tax-deferred retirement savings account, which is funded by the employee.
the union
________ has wide discretion when deciding to seek arbitration on the basis of a union member grievance.
employee
________--is the main contributer to a retirement savings account, such as a 401(k) plan, while the employer funds a pension plan.
labor unions
are a historic source of employee protections.
Social Security
the _______ Act, or SSA, provides retirement income from the federal government, paid for by taxes on both employers and employees.
Congress and state legislatures
the following entities who have passed laws to protect employees.
