EL Final

A non-exempt employee's usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular hourly rate of pay is ______. His total pay for this week should be _______.

$20/hr $1100

Under the OSH Act, records of an employee's exposure to toxins must be kept for:

30 years

Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity?

ADA Act

As the new Human Resources Manager for Artists' Tools main office, you are still getting to know your employees. One in particular has come to your attention, because she always seems to be in a state of either euphoria or sleepiness. Co-workers report to you that they have found her in the ladies room sniffing a white powder, and you conclude that she is probably using cocaine.

Current drug addictions are not disabilities under the ADA so you have no obligation to make reasonable accommodations.

Defined benefit plans are the less-regulated version of pension plans under ERISA.

False

Employers must provide benefits in the form of basic health insurance, paid vacation and pensions.

False

Once a reasonable accommodation is made for a disabled employee, the employer has met its obligation for the duration of the person's employment.

False

Only full time employees are covered by workers' compensation programs, not part-time workers or independent contractors.

False

Private employers may keep an employee's medical records with her personnel file as long as they are marked "confidential."

False

Pursuant to ERISA, a plan administrator under a fiduciary duty is required to act in the best interests of the employer, not the employee.

False

Regarding "reasonable accommodations" for employees with disabilities, an employer is only legally required to provide the specific actions that are set forth in the Americans with Disabilities Act.

False

Since about 1937, the best description of the legal standard of employment for most workplace employees is employment at will.

False

The "reasonable accommodation" standard is the same for both disability and religion.

False

The Employee Retirement Income Security Act (ERISA) governs pension plans exclusively.

False

The Fair Labor Standards Act governs the minimum wage across the country, and preempts state and local laws so states cannot have higher minimum wages.

False

Unless an employee has a written contract of employment for a term of years, she can not sue for termination based on contract.

False

A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained. The employer says that it had to save money and that the older supervisor earned considerably more money (he did). If the termination is legally challenged, a court would most likely decide:

For the employer because it had a lawful, non-discriminatory motive for the termination

Regarding the chapter problems (1, 2, 5 & 6) and choose which statement is FALSE:

If while returning from lunch, an ambulance EMT jokingly slaps a co-worker with cardiac defibrillator paddles and the co-worker dies, her death is covered by workers compensation

Regarding vicarious liability for harassment and considering Table 8.1 in the text, which of the following statements is FALSE?

If your client or customer harasses your employee and creates a hostile environment, you will be vicariously liable if you knew of the conduct and did not take steps to stop it.

Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act?

National Labor Relations Board (NLRB)

Which of the following is NOT true regarding the enforcement process under OSHA (the Act)?

OSHA inspections are generally announced 72 hours in advance so the employer can shut down operations during the inspection.

Which of the following is true of OSHA's process for setting standards?

OSHA must show that the standard addresses a significant risk to employee's health All of the statements are true They are adopted only after a lengthy process of public hearings and documentation The proposed rule (standard) must be supported by substantial documentation

Which of the following employees is most likely eligible for unemployment insurance?

Ophelia quits her job because of a pervasive and continuing hostile environment

A woman pulled a muscle in her back participating in a limbo contest on the weekend. She felt much better by Monday and went to work at her job as a secretary. While carrying a heavy box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers' compensation. If her employer contested the claim, the most likely outcome of the case would be:

She should be granted benefits because the injury arose out of employment

Which of the following agencies was NOT created by the Occupational Safety and Health Act?

The National Institute of Mental Health

Which of the following laws applies to federal employees?

The Rehabilitation Act

Regarding harassment, which of the following statements is NOT true?

The definition of harassment does not include workplace bullying. Harassment is a serious problem in the workplace. All of the responses are true. Not every form of workplace bullying is legally actionable

Paul, an older employee nearing retirement with 25 years experience, worked in the office as supervisor over the sales department for a medical supply company and always had positive performance reviews. However, a new, young general manager was hired (Mr. Darth) and a troublesome time ensured for Paul. Following a mandatory corona virus work-at-home time period, Paul returned to the office to find that his desk had been cleared out, his belongings were in boxes, and his office was being used for storage. Paul was then informed by Mr. Darth that he would now be a sales rep calling on all the nursing homes and assistance living facilities in the state because "we're going to be working more online and you won't like it." Fearing that he was more vulnerable to the corona virus due to his age, and given no other options, Paul quit. What is the best assessment of this situation?

The employee has been discriminated against because of his age, and could most likely bring a lawsuit for that despite the fact that he quit.

An employer of an emergency response service required its service employees to be on call every weekend, as they might be called to report within 10 minutes. While on call, employees were not permitted to leave their homes, as the employer's contact was to their home phones. Also, employees were not permitted to drink alcohol on the weekends, because of their potential on-call duties. The employer did not pay for on-call weekends, and the employees sued. Which statement is correct?

The employees will be entitled to compensation for the on-call time including possible overtime if they work more than 40 hours in a week.

A part-time clerk at a drug store lost her vision in one eye due to glaucoma. She was able to perform her job but could not drive at night. Accordingly, she asked her employer to allow her to work a day shift instead. Which statement is correct per the problem?

The employer should change her work shift and if needed engage in an ongoing dialogue about reasonable accommodation needs.

When determining whether a hostile environment exists due to "severe" or "pervasive" conduct, which of the following statements is true?

The statements are both true. To prove harassment which is less severe in nature, the plaintiff must show that the conduct complained of was pervasive. to prove harassment for one-time conduct, the plaintiff must show that the conduct complained of was severe.

"Tipped employees" can be paid an hourly rate that is less than the minimum wage provided that their total pay in wages and tips equals at least the minimum wage.

True

As a general rule, supervisors and managers are not covered by the protections of the National Labor Relations Act.

True

Baylor University can utilize the religious organization exemption and accordingly, facially discriminate on the basis of religion.

True

Compensable time can be difficult to calculate, given the variety of compensation types, and the down and wait times on many jobs.

True

Merry Beary (as featured in the video) has health insurance (yes, really). Her health insurance plan is covered by ERISA.

True

One employer said that if employees chose to strike, their negotiations "would start at zero." This was a ULP.

True

Privacy rights arise from the U.S. Constitution's Fourth Amendment.

True

Same-sex harassment is actionable only if it is "because of sex."

True

The most significant FLSA exemptions are those for white-collar workers, namely, executive, administrative and professional.

True

To be actionable, the more "severe" harassment is, the less "pervasive" it needs to be.

True

Under the Department of Labor's "pay docking rule," if an employer makes certain deductions from the pay of salaried employees, it could lead to a finding that the employees are non-exempt and entitled to overtime pay.

True

Under the OSH Act, a workplace need not be made completely safe, but must be reasonably safe and free from known hazards.

True

Under the some circumstances, employers can refuse to restore 'key' employees to their previous positions pursuant to the Family and Medical Leave Act.

True

Clark Kent, a store employee observed a woman being physically assaulted across the street from the store. Despite knowing he would be leaving his work station unattended in violation of store policy, he grabbed a nearby baseball bat and chased off the woman's attacker. His employer said, "yeah, you're a hero, and an unemployed one now." Presuming this occurred in a termination at will with exceptions state, which of the following is TRUE?

Under the public policy exception, Clark Kent termination would be wrongful.

Which of the following is true regarding vesting requirements under ERISA?

Vesting usually occurs after five or seven years of service.

As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy,you should

You should do nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter

Which of the following should be included in an employer's policy prohibiting harassment?

a clear and accessible procedure for reporting harassment

An employer would likely prefer this kind of pension plan:

a defined contribution plan

In a case in which the employee claimed harassment by her supervisor in which he altered her work hours with the knowledge that doing so would adversely affect her hypoglycemia frequently stood at her desk and stared angrily at her startled her by pounding on her desk with his fist criticized her work unfairly and yelled at her in front of co-workers, the court ruled that:

a hostile environment was created by the supervisor's conduct

The Migrant & Seasonal Protection Worker Act (MSPA) provides all of these requirements EXCEPT:

a minimum wage and overtime

Which of the following would NOT be considered a concerted activity?

a single employee that writes to a supervisor complaining about the refusal to grant her vacation time for the exact period of time she requested

In a constructive discharge:

a voluntary quit would be treated as a termination because circumstances forced the employee to leave

Regarding the termination of individual employees, it is NOT correct to say that:

all employees who are citizens of the US are entitled to constitutional protections in termination of their employment

Title VII's religious organization exemption:

allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions

Which of the following is a qualifying event necessitating an offer of COBRA continuation coverage?

an employee quits his job

Due process includes all of these EXCEPT:

an opportunity for the employee to respond to those charges All of these are included in due process an investigation by the employer into the facts that have been alleged a notification by the employer of conduct or charges that could lead to an adverse employment action

The Americans with Disabilities Act (ADA):

applies to private sector employers with 15 or more employees.

Under the FLSA, minors who are students and under 16 years of age:

are allowed to work no more than 18 hours per week while school is in session

To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked:

at least 1250 hours during the previous 12 months

Under the FMLA, employees are entitled to:

be restored to the exact same position they left if they are deemed a "key employee"

The Pregnancy Discrimination Act provides for each of the following EXCEPT:

because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged

Which of the following is a "qualifying event" under the FMLA?

birth of a child

A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is:

breach of the covenant of good faith and fair dealing

Under Title VII, the concept of "religion" is:

broadly interpreted

Summary plan descriptions (SPDs):

can be the basis for claims that employees did not receive promised benefits

Under the ADA, it is important that job descriptions:

clearly identify the essential functions of jobs

Under the FMLA, employers have the right to:

delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable

Under the Employee Polygraph Protection Act:

employees have a right to review all questions before the test begins

Regarding employment benefits, the general rule is that:

employers are not legally required to provide health care or pension plans

Under the Pregnancy Discrimination Act (PDA):

employers are prohibited from establishing uniform requirements for when pregnancy leave must begin or end

The Uniformed Services Employment and Reemployment Rights Act (USERRA) DOES NOT require that:

employers maintain health insurance coverage for their employees in military service beyond a period of 30 days

Under the FMLA:

employers may require that any paid leave available to an employee be used and counted toward an employee's FMLA leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that:

employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

Which of the following employee rights is NOT protected by the NLRA?

engaging in self-promotion by which only one employee benefits

Which of the following is true of workers' compensation?

experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer

Which of the following is an element needed to establish a violation of the 'general duty' clause?

feasible means existed to abate the hazard but were not used

A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?

for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

In DirecTV v. NLRB, 26 service technicians were fired after appearing on a television news show to complain about their employer's instructions about how to persuade customers to install phone connections for their satellite television service, and the charge-backs to employees' pay if they did not procure such connections. Phone connections were not necessary for the service to work, but the company earned more money if phone connections were installed. Regarding the terminations, the court ruled:

for the employees, because they although they spoke disparagingly about their employer, it was substantially truthful, and concerned an ongoing labor dispute

In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule:

for the harasser, because neither gender was disadvantaged differently by the harassment.

Under the NLRA, employees who go on strike:

generally cannot be terminated for going on strike

Which of the following is true regarding overtime pay under the Fair Labor Standards Act?

government agencies can pay for overtime required under the FLSA with compenstory time off in the future, whereas private employers may not do so

Which of the following is true of harassment?

harassment is legally actionable because it is a form of discrimination

Ergonomic hazards _______________:

have been addressed under the general duty clause

Which of the following is necessary to establish the existence of a disability under the ADA?

having a physical or mental disability which affects at least one major life activity

"Serious health conditions" include:

hospitalization, health care provider requirement

Regarding representation election procedures, which of the following statements is true?

if an election is ordered, the employer must provide to the union names and addresses of employees within 7 days

In which situation could employers mostly likely be able to conduct hidden video surveillance of employees?

in the company lunchroom

Defined contribution pension plans:

include 401(k) plans, profit-sharing plans, stock bonus plans, and ESOPs

Conduct that is "outrageous" is required to establish:

infliction of emotional distress

Which of the following is true of OSHA reporting and recording requirements?

injuries that result in death must be reported to OSHA within 8 hours of their occurrence

In a case in which two managers broke into a locked restroom and snapped a revealing photograph of a male employee while he was urinating, then circulated it around the office, the managers committed the tort of:

intentional infliction of emotional distress

Which of the following torts has as a required element of proof, an intent to do the conduct or to cause harm?

intentional infliction of emotional distress

A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for:

intrusion upon seclusion

Which of the following is true of the Employee Retirement Income Security Act (ERISA)?

it covers both pension plans for retirement income and welfare plans such as health insurance

Which of the following is NOT true of a trade secret?

it must be registered with the government

Under the WARN Act:

large employers may have to give several notice of layoffs

Which of the following is NOT a fiduciary duty under ERISA?

managing benefit plans and funds solely in the interest of the plan employer and the highest paid employees

Under the duties test, in order to be classified as exempt, an employee:

must perform the duties of an executive, administrator, or professional

The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is:

not limited for employees 16 years of age and over

The elements of a specific violation of OSHA regulations include all of the following EXCEPT:

one or more employees were actually injured by the hazard

Which of the following is an element of an intrusion upon seclusion privacy tort claim?

one party intentionally pries into the private affairs of another

With regard to unemployment insurance, which of the following statements is true?

only workers who are involuntarily terminated are eligible for unemployment insurance

Regarding a perceived disability, it is correct to say that:

people who are not disabled, but are erroneously regarded as being disabled are protected by the ADA

When considering pregnancy (not childbirth) under the FMLA:

pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications

The EEOC's guidelines hold that broad English-only rules applied at all times are:

presumptively discriminatory

A principal objective of the Occupational Safety and Health Act is ____________:

preventing injuries and illnesses on the job

Legal issues concerning downsizing include all of these EXCEPT:

prior notification of downsizing all of these are legal issues concerning downsizing the manner in which downsizing is implemented the decision about which individuals to downsize the decision to downsize

The Electronic Communications Privacy Act:

prohibits the intentional interception of electronic communications such as by wiretapping

Defined benefit pension plans:

promise a specific pension benefit upon retirement

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.

promissory estoppel

The federal Jury System Improvements Act:

protects persons who serve on federal juries from discharge, intimidation or coercion by their employers because of their jury service

Which of the following would usually be considered a reasonable accommodation of disability?

providing a part-time or modified work schedule

Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public.

public disclosure of private

When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this:

quid pro quo harassment

Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:

reassignment to greater responsibility

You work in a large office in the "bullpen," a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker's chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and bruised his back. No medical attention was needed. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why?

report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured

The duty to bargain in good faith:

requires that employers supply unions with information relevant and necessary to bargaining effectively

Regarding restrictive covenants, which of the following statements is NOT correct?

restrictive covenants are upheld only for top level managers and CEOs

Which of the following is an unfair labor practice (ULP) under the National Labor Relations Act?

retaliating against an employee who has filed charges with the NLRB

Which of the following is true regarding safety and health inspections?

safety inspections are conducted by state agencies in addition to OSHA

Which of the following is an unfair labor practice by a labor union/organization?

secondary boycotts

An employee is not disabled under the ADA if:

she has a disability which does not substantially limit a major life activity

Which of the following is generally compensable time under the FLSA?

short rest periods up to 20 minutes

Which of the following factors is/are relevant to a determination of an "appropriate bargaining unit?"

similarity of skill interrelationship of tasks common supervision all of these factors are relevant

Which of the following is an element of a prima facie case of failure to reasonably accommodate religion?

that a conflict exists between a sincere religious belief or practice and an employment requirement

The Mental Health Parity and Addiction Equity Act requires:

that if employers include mental health conditions in their health insurance coverage, they must do so at the same level and under the same terms as medical and surgical treatments

If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:

that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut

An employee is terminated for poor attendance. Regarding benefits under COBRA

the employee may be eligible to continue his healthy insurance for 18 months.

Protection of concerted activity may be lost if which of the following occurs? If

the employee's conduct is extreme, abusive or threatens violence

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule?

the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

If employees come in to start work early, or stay beyond scheduled hours, or come in to work on days off,

the extra time put in on the job could qualify those employees for overtime pay if the employer knew about it.

Which of the following is a necessary element of a sexual harassment claim?

the harassment was unwelcome

About ERISA, the Employee Retirement Income Security Act, it is correct to say that:

the law governs benefit plans broadly, not just pension plans

In the homework problem in which a female prison librarian complained she was harassed by her male supervisor

the liabrarian prevailed because of the pervasiveness of the outrageous conduct prevailed on both quid pro quo and hostile work environment claims

The basic criteria for identifying the essential functions of a position are all of these EXCEPT:

the position exists to perform this function All of the criteria are required. few other employees are available to perform this function the function is highly specialized

In order to conclude that a proposed accommodation of disability would impose undue hardship on an employer, it must be shown that:

the proposed accommodation would impose significant difficulty or expense on the employer.

Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec. 7 rights")?

the right to fair pay and comprehensive benefits

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:

the termination is suspect because the progressive discipline system was not followed

Which of the following is among the things that must be shown in order for two jobs to be considered "equal work" per the Equal Pay Act?

there must be substantial overlap in the duties and tasks performed

Pay secrecy policies cause all of the following problems EXCEPT:

they are per se violations of the FLSA

In the Gerald v. University of Puerto Rico case in which a woman ended her brief fling with a supervisor while on vacation, and was demoted when she rebuffed him, the appeals court ruled:

to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact thus allowing the case to go to trial and let the jury decide.

Regarding workplace privacy, which of the following statements is FALSE?

under the 4th Amendment to the U.S. Constitution, private employees enjoy protection from unreasonable searches and seizures while at work

The Patient Protection & Affordable Care Act

was intended to insure that most citizens would have access to health insurance coverage

In the situation of the profoundly deaf employee at a photography studio, the employee

was not a qualified person with a disability since she could use hearing aids but chose not to do so, and used sign language instead. was not qualified because she could not perform many of the essential functions of the job.

The accent of an employee or job applicant can lawfully be taken into consideration when:

when communications are a significant part of the job in question, and the person's accent substantially interferes with the ability to communicate

Non-competition agreements:

will not be enforced unless the former employer can show that they are no more restrictive than necessary