Chapter 11 Smartbook

Employers with ______ or more employees are required to maintain safety records

11

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 ‎__________‎ years old.

18 or eighteen

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.

27,500

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.

30%, authorization

Under the Federal Labor Standards Act (FLSA), a standard workweek is: ______.

40 hours in a seven-day period

A(n)______ plan is an example of a tax-deferred retirement savings account, which is funded by the employee.

401(k)

When employees are tested for drug or alcohol usage, action on positive results may be limited or prohibited under the: ______.

ADA.

Identify two important exceptions to the workers' compensation laws. (Check all that apply.)

An employer has engaged in actions that intentionally create conditions that result in harm. An employer acts with a reckless disregard for the safety of its employees.

The Consolidated Omnibus Budget Reconciliation Act, or ‎__________‎, allows employees who have left an organization to purchase health insurance under the employer's plan.

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?

COBRA

As a tool of picketing, unions may do the following:

Call on public boycotts of employer's products

The employees at your company have voted to unionize, and the NLRB has certified your bargaining unit. What happens next?

Collective bargaining with management

______ at-will employment practices may be replaced by federal and state statutes.

Common law

Identify the following entities who have passed laws to protect employees.

Congress and state legislatures

What type of employee has rights of employment and termination included in an express agreement?

Contract employee

If employee drug or alcohol testing uncovers addiction issues, action against the employee may be limited by the Americans with ‎__________‎ Act (ADA).

Disabilities

The Employee Retirement Income Security Act, or ‎__________‎, establishes requirements for both employer pensions and employee retirement savings accounts.

ERISA

The federal statute that governs both pensions and tax-deferred retirement savings accounts is most commonly known as ‎__________‎.

ERISA

Limited protection for the privacy of employee phone calls and voice mail is provided by the: ______.

Electronic Communications Privacy Act (ECPA)

Which of the following are true about the restrictions for child workers? (Check all that apply.)

Employees aged 14 and 15 shall work only limited hours during school days in nonhazardous jobs. Employees aged younger than 14 may only work in selling/delivering newspapers.

An appropriate use for picketing would be: ______.

Encouraging management to negotiate

The concept behind the ______ is to level the playing field for employees who are in a(n) ______ with employers.

FLSA, untenable bargaining position

The federal law that provides leave for employees to care for family members without losing their seniority or promotions is the: ______.

FMLA

Temporary benefits are provided to those workers who lose their jobs through no fault of their own under: ______.

FUTA

Restrictions on child labor are included in the: ______.

Fair Labor Standards Act

Social Security is what type of retirement program?

Federal government, paid for by taxes on employers and employees

What federal statute sets rules that protect patient records and medical information from being disclosed to third parties?

HIPAA

The ______ protects patient medical information and records from disclosure to a third party.

Health Insurance Portability and Accountability Act

A reason employers are against the amendments to the Employee Free Choice Act is:

It puts undue pressure on employees to sign authorization cards

The National ‎__________‎ ‎__________‎ Act requires that both parties engage in good faith negotiations.

Labor Relations

Reports and checks on the management of labor unions are provided in the __________ Act.

Labor-Management Reporting and Disclosure

After a simple majority of pro-union votes,who certifies the collective bargaining unit as a union?

NLRB

The formal process to certify a union begins when the ‎__________‎ sets a date for an election.

NLRB

The ______ monitors union elections for ______ and sets guidelines for fair labor practices.

NLRB, fraud

The law that provides protections for workers who wish to form labor unions and engage in collective bargaining is the: ______.

National Labor Relations Act (NLRA)

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: ______.

National Labor Relations Board.

The federal law passed to prevent workplace injuries is: ______.

OSHA

The law passed to help prevent workplace injuries is known (by its initials) as: ‎__________‎.

OSHA

Which of the following is not an exception to the at-will employment doctrine?

Oral employment contract

U.S. citizens are required to have health care insurance by the: ______.

PPACA

The ‎__________‎ ‎__________‎ Act, or SSA, provides retirement income from the federal government, paid for by taxes on both employers and employees.

Social Security

______ have adopted child labor statutes to supplement the federal law.

States

______ may set a higher minimum wage than what is established by the FSLA.

States

Which of the following are often considered when determining whether an employee is exempt or nonexempt from the FLSA? (Check all that apply.)

The education or skill of employees The wage of workers

What limits are placed on the worker receiving workers' compensation for a work-related injury or illness?

The employee may not pursue a negligence lawsuit against the employer.

In order to trigger protection under workers' compensation laws, the injury must meet which of the following main criteria?

The injury was accidental The injury occurred within the scope of employment

When an employee returns from FMLA leave, what rights does the employee have regarding pay and position?

The pay must be the same, in the same or a similar position.

What is the major difference between a pension plan and a retirement account like a 401k?

The pension is a promise to pay a retirement benefit from the employer; a retirement savings account is funded by the employee.

________ has wide discretion when deciding to seek arbitration on the basis of a union member grievance.

The union

Identify the federal protections that the growing labor movement in the early 1900s forced the federal government to legislate. (Check all that apply.)

The working conditions of industrial employees Child labor laws Unionization

Identify early steps in the adoption of a union at a work place. (Check all that apply.)

Workers obtain signatures on at least 30% of authorization cards. The NLRB sets a date for an election to elect or reject unionization.

Labor unions provide: ______.

a source of employee protections

As a condition of using authorization cards, employees must demonstrate:

a wish to form a local union

The primary requirements for workers' compensation benefits are that the injury was ‎__________‎ and occurred within the course of employment.

accidental or unintentional

It is important to note that children in family ______ jobs and ______ are not subject to the FLSA restrictions.

agricultural, child actors

The Americans with Disabilities Act (ADA) restricts required medical exams for job candidates until after: ______.

an offer is made that is contingent on the exam

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.

antidiscrimination

The historic common law principle that enables employers to hire or fire employees without prior notice or cause is known as: ______.

at-will employment

So long as a(n) ______ does not fall under one of the exceptions, the employer is insulated from a wrongful termination lawsuit.

at-will termination

Labor unions negotiate contracts with employers that cover a group of employees and are known as CBAs, or collective ‎__________‎ ‎__________‎.

bargaining agreements or agreement

Federal and state employment regulations are intended to protect employees who have little ‎__________‎ power on their own.

bargaining or negotiating

Some organizations promise to pay workers retirement ‎__________‎, such as a pension, after the employees work for the company for a certain period of time.

benefits

A retirement savings account, such as a 401(k) plan, is funded: ______.

by the employee, although the employer may match the contribution

An employer under the Americans with Disabilities Act (ADA) _____ test a female prospective employee for pregnancy.

cannot

If an employee is injured intentionally on the job, the employee _______ avail himself of the workers' compensation law.

cannot

If a simple majority of employees vote to accept unionization, the NLRB will ‎__________‎ the collective bargaining unit as a union.

certify

Recent proposals to change the unionization process may include: ______. (Check all that apply.)

certifying a union if over 50% of the employees sign authorization cards certifying on the basis of public cards rather than secret ballots

After certification, the union and management will engage in ‎__________‎ ‎__________‎ to reach agreement on contract terms.

collective bargaining

A(n) ______ is an employment agreement between managers and a business entity which gives contract rights to ______ employees as well.

collective bargaining agreement, nonmanagement

Groups of employees may be covered by contracts negotiated for them by a labor union, known as: ______.

collective bargaining agreements.

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: ______.

collective bargaining unit.

The ability of workers to organize labor unions and engage in ______ is protected by the National ______ Act.

collective bargaining, Labor Relations

Under ECPA, employers may only monitor employees' personal phone calls with the ‎__________‎ of the employees.

consent or permission

To collect workers' compensation benefits, a worker's injury must have occurred within the ‎__________‎ of employment.

course or scope

Unemployment compensation is intended to ______; it is not intended to reward an employee who was terminated ______.

cover workers who lose their jobs because of economic difficulties, for cause

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.

covered; nonexempt

Employees accrue ______ throughout their working life that are used to determine the level of Social Security retirement benefits they will receive.

credits

Social Security retirement benefits are based on ‎__________‎ that employees earn throughout their working career.

credits or credit

The Social Security system provides government benefits for: ______. (Check all that apply)

disability survivors retirement

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.

disabled, incapacitated, or injured

Employers seek to avoid vicarious liability for actions of employees that could be defamation or employment ‎__________‎.

discrimination

The ‎__________‎ is the main contributer to a retirement savings account, such as a 401(k) plan, while the employer funds a pension plan.

employee

The Employee Polygraph Protection Act (EPPA) prohibits private employers from using polygraph (lie detector) tests: ______.

except when investigating theft or economic loss.

Exceptions to the at-will employment doctrine include: ______. (Check all that apply)

exceptions developed through common law. express statutory protections. employees with express contracts.

Duties for ‎__________‎ employees are classified as executive, administrative, or professional.

exempt

Employees not covered by the FLSA because they are expected to be able to bargain for their own working conditions and pay are called: ______.

exempt employees.

The public policy exception is generally limited, but may cover circumstances where an employee has been terminated for acting in the public good while on the job, for example: ______. (Check all that apply)

exercising a legal right preventing a violent crime refusing to commit an illegal act

Workers' compensation payments are generally made to an injured employee regardless of the employee's ‎__________‎ for the injury.

fault, responsibility, or negligence

The Whistleblower Protection Act of 1989 protects ‎__________‎ employees.

federal

Contract employees may generally be terminated: ______.

for good cause

The management teams of labor unions are covered by a series of reports and checks to prevent ‎__________‎ and corruption under the Labor-Management Reporting and Disclosure Act.

fraud

When a union chooses not to file a grievance, the affected employee: ______.

generally cannot sue the company

The NLRA requires both parties to engage in ______.

good faith negotiations

Most employment contracts provide that employees may only be terminated for ‎__________‎ cause.

good or just

A(n) ‎__________‎ is a complaint filed by a union against the company for alleged mistreatment of a union employee.

grievance

If a union believes the company has mistreated an employee, it may file a(n) ______ against the company.

grievance

Under the PPACA, most employers are required to either provide ‎__________‎ care insurance for their employees or pay a fee to the United States government instead.

health

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.

health care exchange

The Patient Protection and Affordable Care Act (PPACA) requires all citizens to have a(n) ‎__________‎ ‎__________‎ ‎__________‎ ‎__________‎.

health care insurance plan

The employer is responsible to maintain ‎__________‎ ‎__________‎ benefits for an employee who is using FMLA leave.

health care or insurance

While an employee is on FMLA leave, the employer is required to maintain the employee's: ______.

health care benefits

Work stoppages, such as wildcat strikes, are considered: ______.

illegal

When employees who strike over a perceived unfair labor practice, rather than for economic reasons, return to work, they are entitled to: ______.

immediate reinstatement with back pay.

The federal labor laws were adopted to protect the following:

immigrant workers

A(n) ______ 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.

implied

Employer actions that demonstrate intent to protect employees from unjust termination may create protection under a(n): ______.

implied contract.

Manuals, handbooks, or other written guidelines distributed by an employer that provide protections against termination without cause may create: ______.

implied contracts.

Oral promises that a reasonable person would believe protect an employee from termination without cause may be held to be: _____.

implied employment contracts.

Whistle-blowers may be terminated for activities: ______.

independent of whistle-blowing

Whistle-blowers may still be terminated if their job loss is due to reasons ‎__________‎ from their whistle-blowing activities.

independent, apart, or separate

An employer may not be protected from suit if the worker's injury resulted from actions by the employer that were ‎__________‎ or reckless.

intentional or willful

If an employee does the following, he is not entitled to workers' compensation laws

intentionally self inflicts an injury

In some states, a worker is not entitled to workers' compensation benefits if the injury was the result of: ______. (Check all that apply)

intoxication or illegal drug use. a knowing violation of safety rules.

FUTA: ______. (Check all that apply)

is a federal law administered by the states. is paid for by taxes on employers. provides benefits to those who suddenly lose their jobs.

If a worker intentionally self-inflicts an injury on the job, he ________ entitled to workers' compensation.

is not

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.

key

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 ______.

key, injury

Current ‎__________‎ laws address issues that protect workers and promote safe working conditions.

labor

Unfair ‎__________‎ practices are those deemed illegal by the NLRA.

labor

Collective bargaining agreements are negotiated between:

labor unions and employers

An employer may shut down the business, or ‎__________‎ the employees, in anticipation of a strike in order to put economic pressure on the union to negotiate.

lockout

The NLRA allows employers to ‎__________‎ employees from the facility in order to bring economic pressure to bear to encourage negotiation.

lockout

A(n) ‎__________‎ provided by the employer that outlines protections not available under at-will employment may create an implied contract.

manual, bulletin, or handbook

The FLSA establishes a(n) ‎__________‎ wage for all employees covered by the act.

minimum

An employee should expect that usage of the company's computer system may be ‎__________‎.

monitored, tracked, recorded, observed, or supervised

Workers receiving unemployment benefits under FUTA: ______ (Check all that apply)

must be actively looking for a new job. may be required to participate in job training.

Employees using company computer equipment and systems have ‎__________‎ right to privacy.

no

An employee who is covered by the provisions of the FLSA is also classified as a(n) ‎__________‎ employee. (Please use one word per blank.)

nonexempt or covered

When employees strike, employers may hire ______ workers in order to keep the facility open and operating.

nonunion replacement

An implied contract may be formed if an employer gives a(n) ‎__________‎ promise that a reasonable person would believe protects the employee.

oral or verbal

After working 40 hours in a seven-day period, the FLSA states that employees are entitled to ______ compensation.

overtime

Strikers who picket the employer's facilities can do the following:

peacefully march outside employer's facilities

A retirement benefit promised by the company to employees after years of service is a(n): ______.

pension

Under the ECPA, employers may monitor business-related telephone calls, but are not permitted to monitor ‎__________‎ calls.

personal

Union strikers have the right to demonstrate, also called ______, outside company facilities.

picketing

If terminating an employee will harm the public good, a public ‎__________‎ exception may be recognized.

policy

Private employers are generally prohibited from using ‎__________‎ tests except to investigate theft or economic losses.

polygraph

Private employers are generally prohibited from using ‎__________‎ tests except to investigate theft or economic losses. (Please use one word per blank.)

polygraph

As a general rule, an employee's right to ______ in the workplace is ______.

privacy, extremely limited

OSHA regulations apply to all ______.

private employers

The Labor Management Relations Act: __________.

prohibits requiring union membership as a condition of employment

The Fair Labor Standards Act (FLSA) includes: ______. (Check all that apply)

provisions for overtime pay a maximum 40-hour work week payment of a minimum wage

The ______ exception to at-will employment is recognized when employer actions would harm the general public's well-being.

public policy

Under the Family Medical Leave Act (FMLA), an employee:_____. (Check all that apply)

receives up to 12 weeks of leave in any 12-month period must have worked at least 1250 hours during the past 12 months must have worked for the company at least 12 months

Employers may hire nonunion ‎__________‎ workers to take the place of union workers during a strike.

replacement

An important exception to at-will terminations protects whistle-blowers, employees who: ______.

report illegal activity within their organizations.

The law protects employees known as whistle-blowers, who ______ within their organizations.

report statutory violations

States may enact ‎__________‎-‎__________‎-‎__________‎ laws that prohibit requiring union membership for continuing employment.

right to work

Enforcement authority under OSHA includes: ______. (Check all that apply)

routine workplace inspections unscheduled workplace inspections mandating warnings

When an employee returns from FMLA leave, the employee must be reinstated at the ‎__________‎ rate of pay.

same

The Family Medical Leave Act, or FMLA, allows employees to take leave to care for family members without losing their: ‎__________‎.

seniority , job, or jobs

Drug and alcohol testing of employees is typically governed by ‎__________‎ law rather than federal law.

state

Drug testing of employees is usually not a federal issue, but is governed by ‎__________‎ law.

state

Exceptions to at-will employment include employees covered by express contracts or specific ‎__________‎ protection against job termination.

statutory

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.

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.

strike

A(n) _________ account is controlled by the employee, who commits a percentage of each base pay check to fund the account.

tax-deferred retirement savings account

If employees are involved in a work stoppage other than an NLRA-authorized strike, they may be ‎__________‎ for engaging in an illegal work stoppage.

terminated or fired

Federal government employees have statutory protection from at-will terminations under: ______.

the Whistleblower Protection Act of 1989

An injured worker may bypass the workers' compensation system when:

the employer acts with reckless disregard for the employee's safety

If employers are required by the PPACA to cover their employees with health care insurance, and choose not to: ______.

they must pay a fee to the government instead

The National Labor Relations Act (NLRA) regulations prohibit employers from using of ‎__________‎ termination or demotion if employees vote for unionization.

threats

Employers can campaign against unionization under which circumstances:

under regulatory restrictions

Actions deemed illegal by the NLRA are termed ‎__________‎ labor practices.

unfair

The National Labor Relations Board (NLRB) monitors ‎__________‎ elections for fraud and sets guidelines for fair labor practices.

union

Under the Labor Management Relations Act, employers and employees may not agree that ‎__________‎ membership is a required condition of employment.

union

Labor ‎__________‎ are a historic source of employee protections.

unions

Right-to-work laws are passed by states to prohibit employers from requiring employees to join ‎__________‎ as a condition of continued employment.

unions or union

A group of employees with common interests may form a collective bargaining ‎__________‎ to deal with labor-management issues.

unit

Regarding pay for employees taking leave under the FMLA, the leave is: ‎__________‎(paid/unpaid).

unpaid

The Occupational Safety and Health Administration has the authority to conduct both routine and ‎__________‎ work site inspections.

unscheduled, random, unannounced, or surprise

An employee's right to privacy in the workplace is generally: ______.

very limited

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: ‎__________‎.

vesting, vest, or vested

Employers may monitor employees in order to avoid ______ liability for the employees' actions.

vicarious

Employee privacy for telephone calls and ‎__________‎ ‎__________‎ is protected by the Electronic Communications Privacy Act (ECPA).

voice mail or mails

A specific statutory exception to the public policy exception to the employment-at-will doctrine is:

whistle-blower law

Under the employment-at-will doctrine, an employer may terminate an at-will employee under what circumstances?

with or without just cause

Instead of suing their employers for job-related injuries or illnesses, workers are protected by: ______.

workers' compensation.

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.

workers', worker's, workers, or worker

States often require written documentation for child workers, known as ‎__________‎ papers.

working

Current labor laws address issues including:______. (Check all that apply)

working conditions unionization child labor

Although not required by the FLSA, most states require written documentation for child workers, often called: ______.

working papers