BUSI 206 ch 15
The Family and Medical Leave Act gives employees the right to take:
12 weeks of unpaid leave per year for health and family-related reasons
Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:
Carl must pay agency fees, but is not supposed to have to pay fees to support political activities
T or F: A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge, which is a violation of the employment contract.
False
T or F: An at-will employee legally may be fired for filing for bankruptcy if the employer believes it is an indication that the employee may not be trustworthy.
False
T or F: Exculpatory agreements as part of the employment relationship are usually allowed if they are bargained for between employer and employee.
False
T or F: If an at-will employee is fired for refusing to commit an unethical act, the termination may be in violation of public policy.
False
T or F: In Zambelli Fireworks v. Wood the appeals court held that the noncompete agreement Wood had signed with his former employer, Zambelli, was too restrictive and could not be enforced.
False
T or F: The Drug-Free Workplace Act requires all large employers to adopt drug testing procedures.
False
T or F: When a state passes a right-to-work law it thereby outlaws union shops.
False
T or F: A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge, which is a tort.
True
T or F: A union is on strike against a bakery. To pressure the bakery, the union pickets other businesses in town to tell their customers not to patronize these merchants until the strike is over. Such pickets are illegal.
True
T or F: Among the "mandatory subjects" of collective bargaining is the length of lunch breaks.
True
T or F: For any person to be hired legally in the U.S., they must be able to present documents to show their identity.
True
T or F: If an at-will employee is fired for filing for workers' compensation benefits, the employer's action may be in violation of public policy.
True
T or F: In Teamsters Local Union No. 523 v. NLRB the appeals court agreed with the NLRB that an employee had suffered improper discrimination by a union.
True
T or F: The main objective of ERISA is to guarantee expectations of retirement plan participants.
True
T or F: Under the Family and Medical Leave Act, employees may take leave due to pregnancy related problems.
True
T or F: Workers' compensation is a no-fault insurance system.
True
T or F:The random drug testing of employees engaged in non-sensitive work, at the discretion of their superiors, may lead to legal challenges by such employees.
True
In Zambelli Fireworks Manufacturing Co. v. Wood, where Zambelli sued Wood for violating the noncompete agreement in his contract, the appeals court held that:
Wood's specialized knowledge from working at Zambelli in addition to customer goodwill constituted legitimate business interests that Zambelli had a right to protect through a reasonable restrictive covenant
Which of the following is an objective of workers' compensation law:
a. prevent public and private charities from incurring the financial strains that would accompany uncompensated accidents b. reduce payment of fees to lawyers and expert witnesses c. provide a certain remedy and reduce court costs and time delays associated with tort litigation d. all of the other specific choices are correct e. provide sure, prompt, and reasonable income and medical benefits to work-accident victims or income benefits to their dependents, regardless of fault
What are all of the things that should be stated in a company's substance abuse policy:
a. why the tests are done b. all of the other specific choices should be stated in a company's substance abuse policy c. what will be the consequences of a drug test's results d. what will be done with the results of a drug test e. what is being tested for
The Drug-Free Workplace Act requires ____ to certify that they will provide a "drug-free" workplace.
all companies with more than $25,000 worth of business with the federal government
Employment-at-will also:
allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations and allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations
Employment-at-will:
allows employers to discharge employees for any reason at any time subject to contract obligations and has been restricted by legislatures in some states that recognize some public policy limitations on the employer's right to fire an employee
A secondary boycott, in general, is:
an attempt to force others to stop doing business with an employer not directly involved in the labor dispute
A noncompete agreement is one in which:
an employee agrees not to leave and then go into competition against the employer or go to work for a competitor for a certain time
An anti-raiding covenant is one in which:
an employee agrees not to recruit fellow employees for another company when they leave their current place of employment
A grievance arbitration clause means:
disputes arising under a collective bargaining agreement must be resolved by an internal grievance procedure
A(n) ____ is one in which one party promises not to sue another in case of an injury caused by a tort or some other event.
exculpatory agreement
With regard to bargaining between unions and employers____ means an obligation to meet and be willing to present proposals and explain reasons, to listen to and consider the proposals of the other party, and to search for some common ground that can serve as the basis for an agreement ⎯but with no legal requirement that agreement be reached.
good faith
The main purpose of the Landrum-Griffin Act is to have:
more detailed regulation of internal union affairs
The Family and Medical Leave Act applies to all:
private employers of 50 or more persons and government units
A right-to-work law:
prohibits agency shops in states that pass such laws and allows some employees to free-ride in the collective bargaining process and protects non-union members from having to pay agency fees
The main concern of the National Labor Relations Board is with:
proper procedures used in relations between employers and employees
ERISA sets requirements that pension plans vest in employees (become their property) after a certain number of years of service.
receive some retirement benefits after a reasonable length of employment
An employer has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can:
sue for up to 60 days back pay plus fringe benefits
A company that has more than $25,000 worth of business with the federal government and does not publish and distribute a statement notifying employees that the use, distribution, or possession of drugs in the workplace is prohibited would be in violation of:
the Drug-Free Workplace Act
A company that has more than $25,000 worth of business with the federal government and does not state what action will be taken against employees who violate the company's drug-free policy would be in violation of:
the Drug-Free Workplace Act
A lockout occurs when:
the employer refuses to permit employees to work until a labor dispute is settled
Which of the following things should be stated in a company's substance abuse policy:
why the tests are done
