Employment Law LEB Ch. 42
strike
A ______ is the most powerful weapon employees use to secure recognition and improve their working conditions, but it is also potentially the most dangerous.
secondary boycott
A(n) _____ ______ occurs when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with the employer.
primary boycott
A(n) ______ is against the employer with whom the union is directly engaged in a labor dispute.
an implied employment contract.
An employer can, from their statements or through their employment handbook, create what form of employment relationship?
employment
As a general rule, the accident leading to the injury being paid under the workers' compensation system must have taken place during the time and within the employees' scope of ______.
employee access to medical and personnel records
At a minimum, employer privacy policies should cover ______.
meet at reasonable times and confer in good faith.
Bargaining collectively in good faith means that the parties must ______.
during the 60-day notice period.
Bargaining in good faith means that a union must not strike
employers
ERISA requires that ______ must keep employees informed on established pensions and health plans.
implied contract
The most common exception to the employment-at-will doctrine that provides that an implied employment contract may arise from statements the employer makes in an employment handbook, length of service, statements by the employer indicating long-term employment, or materials advertising the position is known as the _________-________ exception.
boycott; labor union
The purpose of a(n) ______ is to prohibit a business from carrying on as normal and force it to accede to the demands of the _______.
True
True or False: Employers subject to the FLSA must pay their workers at least the federal minimum wage.
True
True or false: Employees do not have a reasonable expectation of privacy when using their employee's email system.
The implied covenant of good faith and fair dealing.
What exception to the employment-at-will doctrine makes an assumption that every employment contract contains an implicit understanding that the parties will deal with each other fairly?
ECPA
What federal law bans the interception of personal email by an employer in the workplace?
The Landrum-Griffin Act
What federal law governs the internal operations of labor unions and contains Labor's Bill of Rights?
minimum
Employers in covered industries are required under the FLSA to pay a federal ______ wage.
every year
Employers must pay into the workers' compensation fund ______.
$500,000
Employers who fail to comply with the Consolidated Omnibus Budget Reconciliation Act (COBRA) may be required to pay up to 10 percent of the annual cost of the group plan or ______, whichever is less.
11 or more
Employers with how many employees are required under OSHA to keep records of workplace injuries?
National Labor Relations Board
The ______ interpret(s) and enforce(s) the National Labor Relations Act.
Whistle-blowing activities. Serving out military duty. Serving on jury duty.
What are some activities that are protected activities under the public policy exception to the employment-at-will doctrine?
Lost benefits. Denied compensation. Unpaid salary or wages.
What are the remedies available under the FMLA?
Private
______ employers have almost unfettered discretion to drug test their employees.
Picketing
______ is when employees place themselves in front of the employer's place of business to inform passersby of the fact that there is a labor dispute.
$7.25
On July 24, 2009, the federal minimum wage increased from $6.55 to ______.
The employer The employee
The employment relationship is a contractual relationship between what parties?
implied covenant of good faith and fair dealing exception
The least common exception to at-will employment, permitted in eleven states, is the ______.
18 months (or 29 months if disabled)
How long do the benefits of COBRA last for the employee?
30 to 60 days after the injury
How soon after an injury is a worker usually required to notify an employer and file a claim with the workers' compensation board?
An employee is fired for gross misconduct.An employer decides to eliminate benefits for all current employees.
Identify the conditions in which the benefits of the Consolidated Omnibus Budget Reconciliation Act (COBRA) do not arise.
appeals
If a claim is denied, more states provide an agency _____ process.
No, because the injury did not happen on the job.
If an employee is injured while off duty taking a lunch at a restaurant, will they be able to make a compelling claim under the workers' compensation system?
The employer, after the 12-week FMLA leave period, is no longer required to hold open the position for the employee.
If an employee is unable to return to work following a 12-week FMLA leave, what is the employer required to do with the employee's position?
$500,000 or 10% of group plan, whichever is less
If an employer fails to comply with COBRA, what penalties are available?
$25,000
If an employer receives federal financial assistance or has federal contracts worth over ______, then the employer must develop an antidrug policy for employees.
Employers enjoy almost unfettered discretion to test their employees.
In most states, private employers have what rights to drug test their employees?
at least thirty days prior to birth.
In the case of childbirth, an employee intending to take FMLA leave must notify the employer
collective bargaining
In the context of the Wagner Act, the process whereby workers organize collectively and bargain with employers regarding the conditions of employment is called_____ ______ .
1993
In what year did the Family and Medical Leave Act (FMLA) go into effect?
employment
Lee works for IntraCen Inc. The relationship between Lee and IntraCen Inc. is called a(n) ______ relationship.
Hospital bills Rehabilitation bills Medical bills
Most state workers' compensation laws cover what kind of monetary damages? (Check all that apply.)
$70,000
Penalties for OSHA violations may range from $0 to ______ per violation, depending on the likelihood that the violation would lead to serious injury to an employee.
strike
Picketing may occur as part of a(n) ______ or independently.
40
The Fair Labor Standards Act (FLSA) mandates that employees who work more than ______ hours in a week be paid no less than one and one half times their regular wage for all the hours they work beyond these hours during a given week.
unemployment compensation
The Federal Unemployment Tax Act (FUTA), passed in 1935, created a state system to provide ________ to qualified employees who lose their jobs.
National Labor Relations Act
The National Labor Relations Board interprets and enforces what federal law?
trade unions
The Taft-Hartley Act limited the power of: _______.
none
The United States mandates how much minimum annual vacation time for employees?
Taft-Hartley
The ______ Act was designed to curtail the powers of trade unions that had been empowered by the Wagner Act.
Landrum-Griffin Act of 1959
The ______ requires certain financial disclosures by unions and establishes civil and criminal penalties for financial abuses by union officials.
Occupational Safety and Health Act (OSHA)
The ______ requires that employers create an employment environment that is free from recognized hazards that are likely to cause death or serious physical harm.
OSHA
The federal government primarily regulates workplace safety through
30
To exercise rights under the Family and Medical Leave Act (FMLA), an employee whose need is foreseeable (such as for childbirth) must advise the employer at least ______ days before the leave needs to begin.
reimbursable expenses
Under FMLA, the plaintiff can recover all of the following EXCEPT: _________. (Choose ONE answer)
workers' compensation
Under ______ laws, an employee is guaranteed the right to recover for injuries that occurred on the job without having to sue his or her employer.
congress
Under the Fair Labor Standards Act (FLSA), the United States ______ increases the minimum wage for employees to compensate for increases in cost of living.
Electronic Communications Privacy Act of 1986
Under the ______, employees' privacy rights were extended to electronic forms of communication including email and cellular phones.
Omnibus Crime Control and Safe Streets Act of 1968
Under the ______, employers cannot listen to or disclose the contents of private telephone conversations of employees.
Omnibus Crime Control and Safe Streets Act of 1968
Under the ______, employers may ban an employee's personal calls and monitor for compliance, as long as they discontinue listening to any conversation once they determine it is personal.
either party
Under the employment-at-will doctrine, an employment relationship can be terminated by ______, for any reason at any time.
The employee and employer
Under the employment-at-will doctrine, which parties can terminate the employment agreement?
safety and health rights
Under the law, employers must prominently display either the federal or a state OSHA poster with information about employees' _____.
The court will generally find that the individual was on the job at the time of injury.
Under the premises rule, if an individual is injured on company property while he or she is leaving from work, which of the following is true?
Serious illness with a spouse, parent or child. The birth of a child. The adoption of a child.
What are occurrences that would be covered under FMLA?
He or she must be an employee.The injury occurred on the job.The employer and employee are covered under the state workers' compensation system.
What are the requirements for an individual to claim damages under the workers' compensation laws?
Drug-Free workplace act
What federal law mandates that employers receiving federal funds must have an antidrug policy for employees?
ERISA
What federal law protects employees' established pension plans?
The Wagner Act
What federal legislation was the first attempt at creating peaceful settlement of labor disputes?
The Fair Labor Standards Act (FLSA)
What federal legislative act requires a minimum wage be paid to employees in covered industries?
The employee could gain a far larger monetary award suing in court than through the workers' compensation system.
What is a negative aspect of the workers' compensation system for the employee?
boycott
What is the labor term for a refusal to purchase an employer's products in order to force the employer to change behavior in a labor dispute?
strike
What is the term for a temporary concerted withdrawal of labor?
workers' compensation laws
What type of laws guarantee an injured worker the right to recover for injuries without having to sue his or her employer?
do not have a reasonable expectation of privacy even during nonworking hour.
When using their employers' email system, employees ______.
no federal law
Which federal law mandates the amount of annual vacation time an employee must have?
public
Whistle-blowing is a protected activity under the _____ policy exception to the employment-at-will doctrine.
If a willful violation results in the death of an employee
With OSHA violations, how can criminal penalties against an employer be imposed?
the Great Depression
Workers first achieved the right to organize during: _______.
Informational
______ picketing is designed to truthfully inform the public of a labor dispute.
Signal
______ picketing prevents deliveries or services to the employer.
1/3
During the post-World War II period, what fraction of the United State workers were organized into labor unions?
a reasonable expectation of privacy
Employers are in the strongest legal position when they have a clear policy preventing
restore the employee to their position or a substantially similar position
FMLA requires an employer to ______ when the employee returns from their leave.
the states
FUTA is a federal law instituting a system to provide for unemployment compensation. Who manages the unemployment system itself?
