Ch 28

authorization card

Definition: A card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management.

employment at will

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

I-551 Alien Registration Receipt

Definition: A document, known as a "green card," that shows a foreign-born individual can legally work in the United States.

union shop

Definition: A firm that requires all workers, once employed, to become union members within a specified period of time as a condition of their continued employment.

closed shop

Definition: A firm that requires union membership by its workers as a condition of employment.

right to work laws

Definition: A state law providing that employees may not be required to join a union as a condition of retaining employment.

lockout

Definition: An action in which an employer shuts down to prevent employees from working, typically because it cannot reach a collective bargaining agreement with the employees' union.

Wrongful discharge

Definition: An employer's termination of an employee's employment in violation of the law or an employment contract.

hot cargo agreement

Definition: An illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the nonunion-produced goods of other employers.

hot cargo agreements

Definition: An illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the nonunion-produced goods of other employers.

workers compensation laws

Definition: State statutes that establish an administrative process for compensating workers for injuries that arise in the course of their employment, regardless of fault.

collective bargaining

Definition: The process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions.

I-9 verifications

Definition: The process of verifying the employment eligibility and identity of a new worker. It must be completed within three days after the worker commences employment.

Can Herman fire or threaten to fire Tony for taking time off? No, only if Tony has enough vacation time to cover his three weeks off. No, only if Tony has enough sick leave to cover his three weeks off. Yes, assuming Tony is an employee terminable at will. No, assuming that all of the requirements of FMLA are met.

No, assuming that all of the requirements of FMLA are met.

When the timber industry in Montana experiences an economic slump, Superior Logging Co. is forced to lay off a number of its employees, including Larry Kurzyniec. Larry, who had been logging for over eighteen years, suffers from heart disease, high blood pressure, and diabetes. His wife is worried that the family's health-insurance coverage, which is through Superior Logging, will be canceled. Larry learns that he has a right to extend his insurance benefits, however, if he pays the premiums under: a. FICA. b. COBRA. c. HIPAA. d. FUTA.

b. COBRA.

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. the government can establish a lower minimum wage for employees who make tips, but all employees are ____ to receive at least the minimum wage.

entitled

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. In this case, the servers earned a wage ______ than the state minimum wage, which was ________ than the federal minimum wage.

higher, higher

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. If an employee who makes tips earns less than the minimum wage, the employer _______ required to make up the difference so that the employee makes at least minimum wage.

is

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. The Fair Labor Standards Act is involved in this case because it involved questions about the.....

minimum wage

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. If the servers donate all of their tips to the "tip pool" and receive a portion of those back, they earn ______ the minimum wage.

more than

vesting

the creation of an absolute or unconditional right or power

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. with these facts, the court most likely would find for __________

Misty Cumbi

Does it matter that Tony's father had nothing to do with supporting him when he was growing up if he tries to take leave under the Family and Medical Leave Act (FMLA)? Yes, Tony can only use leave under FMLA if he can prove that he and his father had a "close familial relationship." Yes, unless Tony were adopted. No, Tony's relationship with his father would be automatically covered by the FMLA statute. No, if Tony or his father has contributed into the Federal FMLA Relief Fund.

No, Tony's relationship with his father would be automatically covered by the FMLA statute.

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. in this case, the court likely will find for ......

Woody Woo, Inc.

When determining whether or not Rally Motors must provide FMLA benefits, does the number of employees of the company matter? Yes, Rally Motors must to have at least 50 employees for Tony to qualify for FMLA benefits. Yes, Rally Motors must to have at least 20 employees for Tony to qualify for FMLA benefits. Yes, Rally Motors must to have at least 100 employees for Tony to qualify for FMLA benefits. No, long as Tony is a full-time employee.

Yes, Rally Motors must to have at least 50 employees for Tony to qualify for FMLA benefits.

If Tony was receiving health benefits from Rally Motors, and he takes leave under FMLA, does he have a right to stay on the health plan during his FMLA leave? Yes, but Rally Motors is under no legal obligation to pay for the portion of the benefits that they normally pay. No, Rally Motors can cut his benefits during his FMLA leave. No, unless if Tony is eligible for unemployment compensation. Yes, and Rally motors must continue paying any portion of the benefits that normally pay for Tony.

Yes, and Rally motors must continue paying any portion of the benefits that normally pay for Tony.

Does it matter that Tony has recently taken three months of other time off for FMLA leave if he tries to take leave under FMLA? No, long as Tony is a full-time employee. Yes, employees are only eligible for twelve weeks of FMLA leave every six months. Yes, employees are only eligible for six weeks of FMLA leave every twelve months. Yes, employees are only eligible for twelve weeks of FMLA leave every twelve months.

Yes, employees are only eligible for twelve weeks of FMLA leave every twelve months.

Check My Work When Kimberly begins working for Pharmco Industries, the company tells her that at a future date, after so many years of employment with the company, she can receive retirement pay. Her rights to receive pay upon retirement would be considered: a. vested. b. accrued. c. inferred. d. sheltered.

a. vested.

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. states ___ allowed to establish a ____ wage than the fed min wage

are, higher

Josh works for a federal governmental agency that requires drug testing as a condition of employment. He wants to challenge the constitutionality of the testing in court. For his case, Josh will attempt to rely on the: a. Second Amendment. b. Fourth Amendment. c. Thirteenth Amendment. d. Eighth Amendment.

b. Fourth Amendment.

Ralph was considering hiring George to work in his grocery store as a shelf stocker. In order to ensure that George is a citizen or permitted to work in the United States, Ralph should ask George to complete the following document A(n): a. written job application form. b. I-9 Employment Eligibility Verification form. c. W-2 income tax form. d. Social Security card application form.

b. I-9 Employment Eligibility Verification form.

The Scooter Store notified its 103 employees at 5:00 p.m. on Friday that it was laying off two-thirds of its workforce as of that moment and told them not to come in on Monday. It failed to provide advance notice to anyone and in doing so likely violated the: a. Worker Retention Act. b. Worker Adjustment and Retraining Notification Act. c. Worker Notification Act. d. Worker Readjustment Act.

b. Worker Adjustment and Retraining Notification Act.

Ashley is an eighteen-year-old clerk in a store that sells bird seed. She earns minimum wage. Her boss, Trina, often expects her to stay and work as many as three hours longer than her scheduled shift. Trina never pays Ashley for these hours. Ashley is: a. entitled to be paid overtime for all the time she works beyond her scheduled hours. b. entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week. c. not entitled to be paid for any time she chooses to stay beyond her scheduled hours. d. entitled to be paid minimum wage for the additional hours, and she cannot work more than forty hours in a week.

b. entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week.

Marta needs an electrician to do some work at her home. Her father advises her to make sure that the firm she plans to hire is not a closed shop. Marta is not sure what this means, but later learns that the "closed shop" that her father was referring to is a(n): a. firm that keeps its doors closed to union members. b. firm that requires union membership by its workers as a condition of employment. c. firm that prohibits any efforts to introduce a union among its employees. d. place of employment in which most of the workers are union members.

b. firm that requires union membership by its workers as a condition of employment.

Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some dryclean-only clothes in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss's actions. Erin tells no one else about what is going on and is later fired. Erin: a. is not protected by the state whistleblower statute. It is inapplicable because the contract was with the federal government. b. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation. c. is protected by the whistleblower statute in her state because she spoke up about her employer's actions. d. will be reinstated to her former job because when she told the courier of the problem, she was merely exercising her First Amendment right to free speech.

b. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation.

Adam owns a private company and has significant concerns about employees shopping and accessing pornography while at work, so he buys filtering software that blocks shopping and pornography Web pages. Adam: a. is violating federal privacy laws. b. is within his rights to do this. c. is violating the state free access laws. d. is violating the First Amendment rights of his employees.

b. is within his rights to do this.

Michael creates a new company and wants to attract quality employees, so he establishes a retirement plan. The law regulating this activity is: a. the Social Security Act. b. CERCLA. c. ERISA. d. UNESCO.

c. ERISA.

Byron works at Stitch-Rite Clothing Factory. The company is required to maintain safe working conditions under the: a. Occupational Health Act. b. Hazardous Workplace Act. c. Occupational Safety and Health Act. d. Safety and Health Organization Act.

c. Occupational Safety and Health Act.

Steven recently purchased a meat-packing plant in which the employees are unionized. Steven confesses that he knows almost nothing about labor law. In advising him about the National Labor Relations Act, you should tell him that he is prohibited from all of the following except: a. refusing to bargain collectively with the duly designated representative of the employees. b. dominating a labor organization. c. protecting employees' right to strike. d. interfering with employee efforts to unionize.

c. protecting employees' right to strike.

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. the minimum wage can be changed by....

congress

Quick Dry, a dry-cleaning firm, wants to hire Javier Guitterez as an employee. Under immigration laws, which of the following would not be sufficient to verify Javier's eligibility to work in the U.S.? a. A U.S. passport. b. A U.S. birth certificate. c. A permanent resident card. d. A driver's license.

d. A driver's license.

Catherine works for BluCorp, which has an employee handbook stating that employees will be terminated for good cause. Catherine's manager fires her one morning and when asked the reason, states that he does not need a reason since they live in a state that has employment at will. If Catherine wins her lawsuit against BluCorp, it is because of the: a. public policy exception to employment at will. b. tort exception to employment at will. c. illegal termination statute. d. contract exception to employment at will

d. contract exception to employment at will

Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 to provide employees with up to: a. twenty-four weeks of unpaid family or medical leave during any twelve-month period. b. five weeks of unpaid family or medical leave during any twelve-month period. c. ten weeks of unpaid family or medical leave during any twelve-month period. d. twelve weeks of unpaid family or medical leave during any twelve-month period.

d. twelve weeks of unpaid family or medical leave during any twelve-month period.

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. If the servers donate all of their tips to the "tip pool" and don't receive any back, they ________ at least the minimum wage.

earn

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. if a state min wage is higher than the fed min wage, an employee must recieve....

the state minimum wage

Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon. The café was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage (which was higher than the federal minimum wage), but the servers were required to contribute their tips to a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to kitchen staff members, who otherwise are not considered tipped employees. Misty sued the employer and alleged that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act. Does it? Explain. WHAT IF THE FACTS WERE DIFFERENT? Assume Woody Woo decided to pay its servers and kitchen staff the legal minimum wage for a tipped employee (which is less than the required state minimum wage) plus tips received from the tip-pool funds. Under the Fair Labor Standards Act, employers can require employees to pool their tips for "redistribution" among tipped employees to ensure that all tipped employees make at least the minimum wage and are treated fairly. If Woody Woo, Inc. pays the lower salary plus tips and then creates a tip pool where servers contribute to the pool, which is then split amongst the servers and kitchen staff, this _________ the FLSA.

violates