Employment Law Midterm
Employers whose employees misappropriate trade secrets cannot be entitled to obtain and injunction in this regard as employers shall be considered to have committed contributory negligence
False
Federal employment liability act provided that codes of fair competition for each industry could limit child labor
False
For a person to be "fully insured" by social security, they must accrue a minimum of 30 quarters of contributions.
False
Genetic testing is not considered a serious intrusion into the privacy of employees by an employer
False
If the employer fails to correct a cited violation after it has become final, a fine will be imposed of no more than $100 a day.
False
Individuals found guilty under SOX's criminal provision can be imprisoned up to 15 years
False
Negligent infliction of emotional distress is not recognized by any jurisdiction
False
Neither private nor public sector employers have rights to monitor the use of employer-owned computers
False
Occupational Safety and Health Act (OSHA) does not offer protection to employees who cooperate during investigations or testify at hearings from employer retaliation, such as employment termination
False
One of the primary objectives of the Immigration Reform and Control Act (IRCA) of 1986 is to meet the globalization of corporations, trade, and manufacturing head on
False
Private employers are not covered by qualified privelege
False
Section 3(a) of the Model Employment Termination Act states "an employer may terminate the employment of an employee without good cause"
False
The Alien Tort Statute is likely to have a high impact upon the way US corporations deal with their overseas employees
False
The Fair Labor Standards Act (FLSA) is enforced by the National Labor Relations Board
False
The Fair Labor Standards Act prohibits all forms of child labor
False
The Federal Employment Liability Act (FELA) was enacted in recognition of the incredible number of casualties in the mining industry
False
The Occupational Safety and Health Act does not apply to employees who work for an employer that is engaged in a business affecting interstate commerce.
False
The US Citizenship and Immigration Services (USCIS) is responsible only for the administration of immigration and naturalization adjudication functions and not for establishing the immigration services policies and priorities
False
The government regulation of minimum wage is an attempt to reduce disparity and bring the earnings of workers closer to industry standards.
False
The knowledge of reckless disregard of the falsity of a communication is known as slander
False
The purpose of the Immigration Reform Act (IRCA) of 1986 is to provide solution for controlling both legal and illegal immigration to the United States
False
UNI claims that signing global agreements with targeted companies would lead to the organization's focus going backward
False
Unemployment compensation litigation starts with the active worker's application for benefits.
False
Union Network International (UNI) does not seek to organize workers on an international scale, but merely administers the functioning of unions
False
"Trade secret" is another name for proprietary information
True
Alcohol and drug abuse during working hours are reasons for suspicion of substance abuse
True
Drug testing does not require a specific reason and can be random
True
ERISA imposes standards of conduct and responsibility of fiduciaries of benefit plans established or maintained by employers and unions engaged in or affecting interstate commerce.
True
Employer compliance with IRCA includes that employers verify the employment eligibility of any employee hired
True
If an employer or a class of employers believes that the Occupational Safety and Health Act standard is inappropriate to its particular situation, an exemption, or variance, may be sought
True
Immigration Reform and Control Act (IRCA) restricted the ability of many foreign students to adjust their status to that of lawful permanent resident aliens
True
In context of employment laws, tortious interference with contract is a commonly committed tort
True
Malice implies animosity towards somebody in the generic sense
True
Misappropriation of trade secrets is considered a crime in some states
True
Monitoring of behavior from a distance by means of electronic equipment or other means of technology is known as surveillance
True
One of the most commonly committed workplace torts is defamation
True
Persons not normally considered fiduciaries, such as consultants or advisers, may be found to be fiduciaries when their expertise is used in a managerial, administrative, or advisory capacity for a retirement plan.
True
Qualified privilege is recognized by law
True
Section 10 of the Model Employment Termination Act forbids retaliation against employees who make claims or who testify under the procedural provisions of the META
True
Surveillance and eavesdropping are techniques commonly associated with police, spies and military intelligence
True
The Alien Tort Claims Act was enacted in 1789 as part of the original Judiciary Act
True
The Equal Pay Act is an amendment to the Fair Labor Standards Act
True
The Fair Labor Standards Act was first enacted in 1938 in order to deal with issues such as minimum wages, overtime entitlements, and even child labor.
True
The Federal Employment Liability Act (FELA) was passed in the year 1908
True
The International Labor Organization (ILO) is the branch of the United Nations charged with developing and promulgating uniform labor and employment standards internationally
True
The National Labor Relations Act preempts a requirement to submit the claim to binding arbitration, and sovereign immunity, where public employers are targeted
True
The Occupational Safety and Health Act allows the employer and a representative authorized by the employees to accompany the inspector during a physical inspection of the sight
True
The Occupational Safety and Health Act provides for the issuance of three kinds of standards: interim standards, permanent standards, and emergency standards
True
The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause serious injury or death.
True
The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause, serious injury or death
True
The Occupational Safety and Health Act was enacted by congress in 1970.
True
The Sarbanes-Oxley Act amended the Employee Retired Income Security Act (ERISA)
True
The Union Network International has laid special emphasis to build more effective alliances in multinationals
True
The fundamental US immigration statute is the Immigration and Nationality Act (INA) of 1952
True
The greatest amount of litigation is in drug testing, which has been instigated due to internal investigation
True
The supreme court held that the NIRA was an unconstitutional delegation of congressional power in 1935 case Schecter v. Poulty Corp.
True
Under the FLSA, minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or non-mining occupations for limited hours outside school hours
True
Under the social security system, a worker is considered disabled when physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death.
True
Workers compensation has been left primarily to the states to administer
True
Workers' compensation, as it has been instituted in virtually every state, is a statutory tradeoff
True
Younger people must earn some social security credits to qualify for disability benefits.
True
The Occupational Safety and Health Act applies to federal and state governments in their capacity as employers
false
Employees who are engaged in the production of goods for interstate commerce are not subject to the Fair Labor Standards Act
False
Employees who test positive for substance abuse are referred to the Employee Opportunities Corporation
False
A de minimis violation is a significant technical violation
False
According to the law, a workweek consists of seven consecutive days and requires the workweek start on a Monday.
False
After a standard has been promulgated by the Secretary of Labor, any person, even if he or she is adversely affected by it, cannot challenge the validity of the standard
False
An implied contract is a contract which is made either verbally or in writing
False
Any individual with a claim against the fund used for benefit plans can directly seek legal remedies from the courts without proceeding an internal arbitration
False
As a general proposition, immigration law and policy are not deemed to be the exclusive provinces of the federal government
False
Confidentiality and non-competition agreements are entered into by the employers on behalf of the employees while hiring the employees
False
Defamation and slander are two kinds of libel
False
Employees cannot be terminated under the public policy exception
False
Employees covered by the Fair Labor Standards Act are entitled to overtime pay double the rate of their regular pay for hours worked in excess of forty hours per workweek
False