LAW 231 CH. 21

The current federal minimum wage is _______.

$7.25

An employer that violates the FMLA can be required to provide the following remedies:

1. Damages to COMPENSATE the employee for the lost wages and benefits denied compensation, and actual monetary losses (such as the cost of providing for care of a family member). 2. Job REINSTATEMENT. 3. Promotion, if a promotion has been DENIED.

Normally, the two requirements to recover benefits under State Workers' Compensation Laws are:

1. the EXISTENCE of an employment relationship. 2. An ACCIDENTAL injury that occurred on the job or in the course of employment, REGARDLESS of fault.

the three exceptions to the employment-at-will doctrine:

1. those based on public policy 2. those based on contract theory 3. those based on tort theory

The federal law that provides continued access to health insurance to workers who have been terminated from their employment is known as

COBRA

The act that regulates private pension funds is

ERISA

True/False: The Family and Medical Leave Act (FMLA) supersedes all state and local laws that provide more generous protection.

False

Act created a state-administered unemployment compensation system.

Federal Unemployment Tax

Federal rules concerning worker safety are enforced by

OSHA

Minimum wage

The lowest wage, either by government regulation or union contract, that an employer may pay an hourly worker.

True/False: The most common exception to the employment-at-will doctrine is made on the basis that the employer's reason for firing the employee violates a fundamental public policy of the jurisdiction.

True

True/False: To a large extent, statutory law has displaced common law doctrines that apply to employment relationships.

True

True/False: Whenever a work-related injury or disease occurs, employers must make reports directly to the OSHA.

True

The Fair Labor Standards Act (FLSA) does NOT:

restrict the power of federal courts issuing injunctions against unions

For private employers, privacy rights and drug testing of employees are governed by ________ law.

state

An employer may be held liable for the wrongful discharge of an employee if the discharge violated

the common law or statutory law

Employees of private employers have some privacy protection under ______ law.

tort

The Social Security Act provides for all BUT the following: a. survivors' insurance. b. disability insurance. c. old age (retirement) insurance. d. dental care insurance.

d. dental care insurance

What can OSHA compliance officers do with respect to facilities of establishments covered by the act?

enter and inspect the facilities

The First Amendment's protection of free speech prevents only __________________ employers from restraining speech by blocking Web sites.

goverment

Youths between the age of 16 and 18 cannot be employed in _______________ jobs.

hazardous

The federal government began to regulate wages and working hours of employees

in the 1930's

If an employee recovers benefits from a workers' compensation claim, he or she:

is normally barred from suing the employer for negligence.

Federal, state, and local government employers and certain security service firms may conduct ____________________ tests.

lie detector

With respect to a worker's health-care coverage, when an employee takes FMLA leave, the employer:

must continue the coverage on the same terms as if the employee had continued to work.

If employees have been informed that their communications are being monitored, they cannot reasonably expect those interactions to be ____________.

private

Eligible employees may take up to 12 weeks of leave within a 12 month period for any of the following reasons:

1. to care for a NEWBORN baby within one year of birth. 2. to care for an ADOPTED or foster child within one year of the time the child is placed with the employee. 3. to care for the employee's spouse, child, or parent who has a serious HEALTH condition. 4. If the employee suffers from a serious health condition and is unable to perform the ESSENTIAL functions of her or his job. 5. For any qualifying exigency (non medical emergency) arising out of the fact that the employee's spouse, son, daughter, or parent is a covered MILITARY member on active duty.

Any employee who works more than 40 hours per week must be paid no less than ____ times her or his regular pay for all hours over 40.

1.5

A mass layoff is defined as one that involves at least ______ of the full-time employees at a particular job site.

1/3

The WARN Act applies to employers with at least ______ full-time employees.

100

Children under the age of ____ are allowed to do only certain types of work, such as deliver newspapers and work for their parents.

14

To qualify for workers' compensation benefits, an injured employee must notify her or his employer usually within ____ days of the accident.

30

The Affordable Care Act (Obamacare) applies to most employers with ____ or more full-time employees.

50

The FMLA affects employers who have ____ or more employees.

50

Employment at will

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise.

Whistleblowing

An employee's disclosure to government authorities, the press, or upper-management that the employer is engaged in unsafe or illegal activities.

Wrongful discharge

An employer's termination of an employee's employment in violation of an employment contract or laws that protect employees.

The key federal law dealing with employee protection from the financial impact of retirement is the...

Social Security Act

Which federal law prevents the improper use of genetic information by employees' health insurance providers?

The Genetic Information Nondiscrimination Act (GINA).

Which of the following laws does NOT relate to the regulation of wages and working hours?

The National Recovery Act

One of the major federal laws dealing with layoffs is the:

The Worker Adjustment and Retraining Notification Act (WARN).