Ch 42 Employment & Labor Law
Select all that apply At a minimum, employer privacy policies should cover which of the following issues? a. Drug testing policies b. Lie detector policies c. Workplace dating policies d. Absence and tardiness policies e. Employer surveillance policies f. At-home curtilage policies
a. Drug testing policies b. Lie detector policies c. Workplace dating policies e. Employer surveillance policies
What federal law protects employees' established pension plans? a. ERISA b. COBRA c. FLSA d. FMLA
a. ERISA
Which federal agency is responsible for immigration worksite enforcement? a. ICE b. CIA c. FBI d. FTC
a. ICE
The ______ interpret(s) and enforce(s) the National Labor Relations Act. a. National Labor Relations Board b. U.S. Congress c. National Labor Relations Commission d. courts
a. National Labor Relations Board
Most state workers' compensation laws cover what kind of monetary damages? a. Rehabilitation expenses b. Hospital bills c. Punitive damages d. Medical bills
a. Rehabilitation expenses b. Hospital bills d. Medical bills
Select all that apply. Which of the following events are covered by the FMLA? a. The birth of a child b. The adoption of a child c. Serious illness of a spouse, parent or child d. Having to attend court due to a traffic violation
a. The birth of a child b. The adoption of a child c. Serious illness of a spouse, parent or child
Select all that apply Identify the conditions in which the benefits of the Consolidated Omnibus Budget Reconciliation Act (COBRA) do not arise. a. The employee is fired for gross misconduct. b. The employer decides to increase benefits for all current employees. c. The employee is promoted with different benefits. d. The employer decides to eliminate benefits for all current employees.
a. The employee is fired for gross misconduct. d. The employer decides to eliminate benefits for all current employees.
Select all that apply The employment relationship is a contractual relationship between what parties? a. The employer b. The state government c. The employee d. The federal government
a. The employer c. The employee
If a workers' compensation claim is denied, most states provide an agency _________________ process.
appeals
What type of laws guarantee an injured worker the right to recover for injuries without having to sue his or her employer? a. Wage and hour legislation b. Workers' compensation laws c. Personal injury laws d. Fair trade laws
b. Workers' compensation laws
The least common exception to at-will employment, permitted in eleven states, is the ______ exception. a. Occupational Safety and Health Act (OSHA) b. implied covenant of good faith and fair dealing c. implied-contract d. public policy
b. implied covenant of good faith and fair dealing
Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans? a. NLRB b. FMLA c. ERISA d. COBRA
c. ERISA
Which of the following types of picketing is designed to truthfully inform the public of a labor dispute? a. Primary b. Organized c. Informational d. Secondary
c. Informational
Which of the following types of employers have almost unfettered discretion to drug-test their employees? a. Public b. Civil c. Private d. Government
c. Private
The ______ Act was designed to curtail the powers of trade unions that had been empowered by the Wagner Act. a. Landrum-Griffin b. Labor-Management Reporting and Disclosure c. Taft-Hartley d. Smoot-Hawley
c. Taft-Hartley
FUTA is a federal law instituting a system to provide for unemployment compensation. Who manages the unemployment system itself? a. The U.S. Department of Labor b. A private consortium of businesses c. The states d. The United States Department of Commerce
c. The states
A(n) ______ is a refusal to deal with, purchase goods from, or work for a business. a. picket b. strike c. boycott d. walk-out
c. boycott
Employers with how many employees are required under OSHA to keep records of workplace injuries? a. 20 or more b. 100 or more c. 50 or more d. 11 or more
d. 11 or more
Regarding OSHA violations, how can criminal penalties be imposed against an employer? a. If the employer makes a 30% profit margin from the hazardous environment b. If the employee is injured and the employer acted negligently in making the workplace unsafe c. If a willful violation results in the death of a worker d. Every violation is criminal.
c. If a willful violation results in the death of a worker
Lee works for IntraCen Inc. The relationship between Lee and IntraCen Inc. is called a(n) _____ relationship. a. nonbinding b. symbiotic c. employment d. nondisclosurea.
c. employment
If an employee is injured while off-duty having lunch at a restaurant, will he or she be able to make a compelling claim under the workers' compensation system? a. Yes, but only if the employee purchased a supplemental workers' compensation insurance plan. b. Yes, because the injury affects the ability of the employee to earn a living and do his or her work. c. Yes, because the proximate cause of employee taking lunch creates liability for the employer. d. No, because the injury did not occur on the job.
d. No, because the injury did not occur on the job.
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. a. $500,000 b. $10,000 c. $100,000 d. $50,000
a. $500,000
On July 24, 2009, the federal minimum wage increased from $6.55 to: _____. a. $7.25 b. $9 c. $8 d. $10.25
a. $7.25
During the post-World War II period, approximately what fraction of United States workers were organized into labor unions? a. 1/3 b. 3/4 c. 1/5 d. 9/10
a. 1/3
How long do the benefits of COBRA last for the employee? a. 18 months (or 29 months if disabled) b. One year c. 30 days, or less if the employee gets a new job d. Five years
a. 18 months (or 29 months if disabled)
In what year did the United States Congress pass the Immigration Reform and Control Act? a. 1986 b. 2018 c. 1932 d. 1968
a. 1986
In what year did the Family and Medical Leave Act (FMLA) go into effect? a. 1993 b. 1952 c. 2001 d. 2010
a. 1993
Which of the following is false regarding unemployment compensation? a. 23 states require minimal employee contributions. b. Most states require that the applicant did not voluntarily quit or get fired for cause. c. States have different minimum standards for qualifying for unemployment compensation. d. Most state fund benefits through a tax on employers.
a. 23 states require minimal employee contributions.
If an employer receives federal financial assistance or has federal contracts worth over $______, the employer must develop an antidrug policy for employees. a. 25,000 b. 75,000 c. 100,000 d. 50,000
a. 25,000
Select all that apply What are the remedies available under the FMLA? a. Denied compensation b. Unpaid salary or wages c. Punitive damages based on the net worth of the offending corporation or business d. Lost benefits
a. Denied compensation b. Unpaid salary or wages d. Lost benefits
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? a. The court will generally find that the individual was on the job at the time of injury. b. The court will not find they were on the job, since they were not at their work station doing their job. c. The court will not find the individual was at their job, since the injury did not occur during typical work hours. d. The court will not find that the individual was on the job unless the individual was a "non-essential" employee.
a. The court will generally find that the individual was on the job at the time of injury.
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? a. The implied covenant of good faith and fair dealing b. The public policy exception to the employment-at-will doctrine c. The Uniform Commercial Code exception d. The OSHA exception to the employment-at-will exception
a. The implied covenant of good faith and fair dealing
Select all that apply What are the requirements for an individual to claim damages under the workers' compensation laws? a. The injury occurred on the job. b. The employee must have at least $2,500 in physical and/or economic damages. c. The employer and employee are covered under the state workers' compensation system. d. He or she must be an employee.
a. The injury occurred on the job. c. The employer and employee are covered under the state workers' compensation system. d. He or she must be an employee.
Select all that apply What are some activities that are protected activities under the public policy exception to the employment-at-will doctrine? a. Whistle-blowing activities b. Performing military service c. Interviewing for new employment d. Serving on jury duty
a. Whistle-blowing activities b. Performing military service d. Serving on jury duty
How soon after an injury is a worker usually required to notify an employer and file a claim with the workers' compensation board? a. Within 30 to 60 days after the injury b. Within one year after the injury c. Within 90 days after the injury d. Immediately after the injury
a. Within 30 to 60 days after the injury
Under the employment-at-will doctrine, an employment relationship can be terminated by ______, for any reason and at any time. a. either the employer or the employee b. the employee only c. the employer only d. the Occupational Safety and Health Administration (OSHA)
a. either the employer or the employee
Generally, 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: ______. a. employment b. authority c. rights d. control
a. employment
Employers must pay into the workers' compensation fund: ______. a. every year b. once every two years c. once every five years d. every month
a. every year
To exercise rights under the FMLA when the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within ______ after the need becomes known. a. one or two days b. one week c. 30 days d. two weeks
a. one or two days
FMLA requires an employer to ______ when the employee returns from their leave. a. restore the employee to their position or a substantially similar position b. pay for any and all costs, medical and general, accrued during the FMLA leave c. pay an employee one and one-half times their salary, since their family has now increased or trauma has occurred d. give at least two weeks notice prior to termination of the employee for taking the leave
a. restore the employee to their position or a substantially similar position
Picketing may occur as part of a(n) ______ or independently. a. strike b. embargo c. trade war d. boycott
a. strike
Workers first achieved the right to join unions during: ______. a. the Great Depression b. the post-Civil War Reconstruction era c. World War I d. World War II
a. the Great Depression
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. a. 10 b. 30 c. 20 d. 40
b. 30
The workers' compensation system employs what form of procedure for justice? a. Judicial court action b. Administrative adjudication c. Mini-trials d. Legislative hearings
b. Administrative adjudication
Under the ______, employees' privacy rights were extended to electronic forms of communication including email and cellular phones. a. Electronic Transactions Act of 2000 b. Electronic Communications Privacy Act of 1986 c. Occupational Safety and Health Act of 1970 d. Omnibus Crime Control and Safe Streets Act of 1968
b. Electronic Communications Privacy Act of 1986
Under the ______, employers cannot listen to or disclose the contents of private telephone conversations of employees. a. Occupational Safety and Health Act of 1970 b. Omnibus Crime Control and Safe Streets Act of 1968 c. Fair Labor Standards Act of 1938 d. Electronic Communications Privacy Act of 1986
b. 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. a. Occupational Safety and Health Act of 1970 b. Omnibus Crime Control and Safe Streets Act of 1968 c. Fair Labor Standards Act of 1938 d. Electronic Communications Privacy Act of 1986
b. Omnibus Crime Control and Safe Streets Act of 1968
Which of the following occurs 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? a. Unionizing b. Picketing c. Boycotting d. Negotiating
b. Picketing
What is the term for a temporary concerted withdrawal of labor? a. Picket b. Strike c. Boycott d. Embargo
b. Strike
What federal law governs the internal operations of labor unions and contains Labor's Bill of Rights? a. The Taft-Hartley Act b. The Landrum-Griffin Act c. The Consolidated Omnibus Business Reconciliation Act d. The Wagner Act
b. The Landrum-Griffin Act
Who will supervise an election in a workplace to determine if workers can lawfully organize under the National Labor Relations Act (NLRA)? a. The state government b. The NLRB c. Corporate stakeholders d. The employer
b. The NLRB
What is a negative aspect of the workers' compensation system for the employee? a. The employee can only receive coverage for wages, not medical expenses. b. The employee could gain a far larger monetary award suing in court than through the workers' compensation system. c. The workers' compensation system requires that the employee front the first $500 of expenses before filing an injury claim. d. The employee can be fired for filing a workers' compensation claim if unsuccessful.
b. The employee could gain a far larger monetary award suing in court than through the workers' compensation system.
Which of the following is not an element for the creation of an implied contract through statements an employer makes in an employment handbook? a. The handbook makes no mention of the words employment at will. b. The employee is a wage employee, not a salaried employee. c. The handbook contains the steps for progressive discipline leading to discharge. d. The employee relies on the handbook.
b. The employee is a wage employee, not a salaried employee.
Bargaining in good faith means that a union must not strike: ______. a. unless given explicit permission from the NLRB b. during the 60-day notice period c. until six months after labor-management negotiations have begun d. at any time
b. during the 60-day notice period
The key question regarding the Electronic Communications Privacy Act (ECPA) is whether: ______. a. the employee had an expectation of privacy beyond reasonable doubt b. the employee had a reasonable expectation of privacy c. the employer used a third party to monitor the electronic communications of their employees d. other employers in the industry are monitoring the electronic communications of their employees
b. the employee had a reasonable expectation of privacy
"Labor's Bill of Rights," contain in the Landrum-Griffin Act, protects employees from: ______. a. corporate management b. their own unions c. the federal and state governments d. corporate stakeholders
b. their own unions
The Taft-Hartley Act limited the powers of: ______. a. businesses with federal contracts b. trade unions c. the state government d. federal employees
b. trade unions
Violators of the Omnibus Crime Control and Safe Streets Act of 1968 may be subject to fines of up to: $______. a. 5,000 b. 25,000 c. 10,000 d. 50,000
c. 10,000
What federal law bans the interception of personal email by an employer in the workplace? a. COBRA b. ERISA c. ECPA d. FMLA
c. ECPA
What federal law mandates that employers receiving federal funds must have an antidrug policy for employees? a. The Fair Labor Standards Act b. The Federal Food, Drug, and Cosmetic Act c. The Drug-Free Workplace Act d. The Family and Medical Leave Act
c. The Drug-Free Workplace Act
What federal legislative act requires a minimum wage be paid to employees in covered industries? a. The Family and Medical Leave Act (FMLA) b. The Sarbanes-Oxley Act c. The Fair Labor Standards Act (FLSA) d. The Taft-Hartley Act
c. The Fair Labor Standards Act (FLSA)
In the case of childbirth, an employee intending to take FMLA leave must notify the employer: ______. a. at no specific time b. at least one week prior to the birth c. at least 30 days prior to the birth d. as soon as the employee learns of her pregnancy
c. at least 30 days prior to the birth
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 ______. a. picket; strike replacements b. strike; management c. boycott; labor union d. embargo; management
c. boycott; labor union
The Landrum-Griffin Act primarily governs the: ______. a. external operations of management b. internal operations of management c. internal operations of labor unions d. external operations of labor unions
c. internal operations of labor unions
Bargaining collectively in good faith means that the parties must: _____. a. use legal counsel in all communications related to the collective bargaining process b. give 10 days' notice to the federal or state mediation services in the event of a pending dispute over a new agreement c. meet at reasonable times and confer in good faith d. give 20 days' notice to the other party when intent on terminating or modifying an existing contract
c. meet at reasonable times and confer in good faith
Employers must prominently display either the federal or a state OSHA poster with information about employees': ______. a. public and private lives b. socio-political viewpoints c. safety and health rights d. religious beliefs
c. safety and health rights
Regarding the Wagner Act, the process whereby workers organize collectively and bargain with employers regarding the conditions of employment is called ______________________ _____________________.
collective bargaining
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. a. $500,000 b. $20,000 c. $100,000 d. $70,000
d. $70,000
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. a. 30 b. 15 c. 25 d. 40
d. 40
Regarding immigration worksite enforcement, as of 2012, Immigration Customs and Enforcement developed which of the following? a. A "zero-tolerance" policy against immigration b. An employer "self-policing" strategy c. A "Statue of Liberty" philosophy d. A comprehensive worksite enforcement strategy
d. A comprehensive worksite enforcement strategy
Under the Fair Labor Standards Act (FLSA), the United States ______ increases the minimum wage for employees to compensate for increases in cost of living. a. Department of Commerce b. President c. Supreme Court d. Congress
d. Congress
In most states, private employers have what rights to drug test their employees? a. Employers can only test employees who have prior drug convictions. b. Employers can only test individuals who have previously been found to be using drugs on the job. c. Employers can only test individuals when they have probable cause to suspect drug use. d. Employers enjoy almost unfettered discretion to test their employees.
d. Employers enjoy almost unfettered discretion to test their employees.
Which of the following is false regarding the ECPA? a. It protects individuals' communications from third parties without legitimate authorization to access the messages. b. It provides employees little privacy protection regarding communications conducted on the employer's equipment. c. It protects individuals' communications from carriers such as Internet service providers. d. It protects individuals' communications against government surveillance conducted with a court order.
d. It protects individuals' communications against government surveillance conducted with a court order.
The federal government primarily regulates workplace safety through: ______. a. ERISA b. COBRA c. FMLA d. OSHA
d. OSHA
Under FMLA, the plaintiff can recover all but which of the following? a. Lost benefits b. Attorney fees c. Unpaid salary d. Reimbursable expenses
d. Reimbursable expenses
What federal law created the National Labor Relations Board? a. The Fair Labor Standards Act b. The Right-to-Work Act c. The Family and Medical Leave Act d. The Wagner Act
d. The Wagner Act
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? a. The employer must hold the employee's position for another 90 days. b. The employer must hold the position open indefinitely if there is a valid medical reason for the employee's failure to return to work. c. The employer can terminate the employee, but is required to pay the employee for four weeks of salary. d. The employer, after the 12-week FMLA leave period, is no longer required to hold open the position for the employee.
d. The employer, after the 12-week FMLA leave period, is no longer required to hold open the position for the employee.
Employers are in the strongest legal position when they have a clear policy preventing: ______. a. employees from participating in FLSA b. employees from participating in FMLA c. more than 21 vacation days for the employee d. any reasonable expectation of employee privacy
d. any reasonable expectation of employee privacy
When using their employers' email system, employees: ______. a. have a reasonable expectation of privacy even during nonworking hours b. do not have a reasonable expectation of privacy only during nonworking hours c. have a reasonable expectation of privacy only during nonworking hours d. do not have a reasonable expectation of privacy even during nonworking hours
d. do not have a reasonable expectation of privacy even during nonworking hours
A(n) ______ is against the employer with whom the union is directly engaged in a labor dispute. a. secondary boycott b. picket c. embargo d. primary boycott
d. primary boycott
ERISA requires that ______ must keep employees informed about voluntarily established pension and health plans. a. city governments b. the federal government c. the state government d. private employers
d. private employers
A ______ is the most powerful weapon employees use to secure recognition and improve their working conditions, but it is also potentially the most dangerous. a. whistle-blowing activity b. resignation c. written complaint d. strike
d. strike
According to the National Labor Relations Board (NLRB), an employee's comments on social media are protected without exception. true false
false Reason: According to the NLRB, an employee's comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.
According to the National Labor Relations Board (NLRB), employer policies should prohibit the discussion of wages and working conditions among employees. true false
false Reason: According to the NLRB, employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.
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.
implied-contract
Employers in covered industries are required under the FLSA to pay a federal ______________ wage.
minimum
Whistle-blowing is a protected activity under the _________________ policy exception to the employment-at-will doctrine.
public
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.
secondary boycott
______________________ picketing prevents deliveries or services to the employer.
signal
Before enactment of the Immigration Reform and Control Act in 1986, there was virtually no risk for employers who hired undocumented immigrants. true false
true Reason: Before enactment of the Immigration Reform and Control Act in 1986, there was virtually no risk for employers who hired undocumented immigrants.
True or false: Employees do not have a reasonable expectation of privacy when using their employee's email system. true false
true Reason: Employees should not expect to have privacy when using an employer's email system.
True or False: Employers subject to the FLSA must pay their workers at least the federal minimum wage. true false
true Reason: Employers in covered industries are required to pay at least the federal minimum wage