Law test final flash cards

Family Medical Leave Act gives employees the right to BLANK

12 weeks of unpaid leavee

Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:

Carl must pay agency fees, but is not supposed to have to pay fees to support political activities

Stella falls off a ladder at work while trying to reach supplies that are stored on a high shelf. Which of the following must be shown by Stella in order for her to have a claim under workers' compensation? a. The worker must have a personal injury. b. The injury must be the result of an accident or occupational disease. c. The accident or occupational disease must have arisen out of and in the course of employment. d. All of the answers are correct

D

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:

Equal Employment Opportunity Commission

The first federal law that specifically addressed equal employment issues was the :

Equal Pay Act of 1963

T/F: Employers are not liable for the negligent acts of their employees who illegally abuse drugs at work.

False

T/F: Federal minimum wage requirements do not apply to workers in the private sector:

False

Juan and Marie enter into an oral agreement that Marie will sell Juan's crusty herb garlic bread to gourmet food stores in the area. This works until Juan gets sick and no longer makes his bread. Marie is furious that Juan is unable to supply her with the popular bread and sues him for lost profits. A court is likely to rule:

Maries authority to act as agent for Juan lapsed and the agency relationship is terminated

When an employer, union or employee files a labor practice complaint with the National Labor Relations Board it goes to:

an administrative law judge for resolution if the NLRB staff finds merit in the compliant

John and Mary entered into an oral agreement whereby John agreed to sell his house to Mary for $150,000 with a close of escrow in two weeks. If John does not perform and Mary has the money in escrow, will Mary likely prevail in a breach of contract action:

b. Yes, because there is an enforceable agreement and she has performed.

When someone buys a business, the new owner: a. is not responsible for the previous owners' immigration compliance b. becomes responsible for the previous owners' immigration compliance c. is responsible for the previous owners' immigration compliance only if there are more than 50 employees d. is responsible for the previous owners' immigration compliance in some states, but not others e. none of the other choices are correct

b. becomes responsible for the previous owners' immigration compliance

The National Labor Relations Act was enacted in parts. Which law(s) is(are) part of it?

b. the Landrum-Griffin Act and the Wagner Act

Samuel works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is a right-to-work state: a. union dues and agency fees must be equal. b. Samuel must pay agency fees, but is not supposed to have to pay fees to support political activities. c. Samuel may not be forced to pay any fees to the union. d. Samuel may not be forced to pay union fees or be represented by a union without permission.

c. Samuel may not be forced to pay any fees to the union.

Starlight Manufacturing is unable to resolve a dispute between the company and the union representing workers by the standard internal grievance procedure. Most collective bargaining agreements call for the dispute to go to: a. federal district court. b. the National Labor Relations Board. c. an outside labor arbitrator. d. the Labor-Management Resolution Board.

c. an outside labor arbitrator.

If a person quits their employment because of sexual or racial harassment, it is called: a. constructive treatment b. differential impact c. constructive discharge d. retaliatory termination e. none of the other choices

c. constructive discharge

To promote productive collective bargaining, Congress provided for certain activities to be protected under the National Labor Relations Act. Protected activities are:

concerted activities

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees? a.refusing to commit an illegal act b.performing a public duty (reporting for jury duty) c.exercising freedom of speech rights d.refusing to commit an illegal act and performing a public duty (reporting for jury duty) e.refusing to commit and illegal act and performing a public duty (reporting for jury duty) and exercising freedom of speech rights

d

A certification of representation by the National Labor Relations Board means that _____. a. NLRB representatives oversaw the elections to determine if workers wished to be represented by a union b. a majority of employees in the bargaining unit did not vote in favor of the union c. the National Labor Relations Board has approved of the methods used in the election d. a majority of employees in the bargaining unit voted in favor of joining the union

d. a majority of employees in the bargaining unit voted in favor of joining the union

Which of the following workers would not be covered by the FMLA: a. an employee who is among the 50 percent highest paid b. an employee who had only been employed for 18 months c. an employee who had worked fewer than 2,000 hours in the past year d. an employee who had not worked at all for at least a year e. all of the other specific choices are correct

d. an employee who had not worked at all for at least a year

ChemCo has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can: a. receive training from the Department of Labor. b. sue for up to 180 days back pay plus fringe benefits. c. sue for up to 90 days back pay plus fringe benefits. d. sue for up to 60 days back pay plus fringe benefits.

d. sue for up to 60 days back pay plus fringe benefits.

Which of the following is NOT part of the National Labor Relations Act: a. the Wagner Act b. the Taft-Hartley Act c. the Landrum-Griffin Act d. the Norris-La Guardia Act e. all of the other specific choices are part of the National Labor Relations Act

d. the Norris-La Guardia Act

T/F: A subagent is an agent of an agent, not an agent of the principal, so owes no duty to the principal, only to the agent.

false

Workers' compensation law:

gives an employer immunity from employee tort suits arising from on-the-job accidents

XYZ moves from New Jersey (a non-right-to-work state) to Texas (a right-to-work state). The union continues to represent XYZ's employees. In Texas, employees can:

none of the above

The national Labor Relations Board is chosen by the

president

Under the whistle-blower exception to the general rule of employers having the right to dismiss employees:

private employers are less likely to be subject to whistle-blower exceptions than are public sector employers

Adam enters into an oral agreement with Tushar that Tushar will sell Adam's house for him. A week later, the house burns down. Adam and Tushar's agency is now:

terminated by operation of law

Workers will not be protected under the NLRA if:

they engage in threats or acts of violence

A random drug test for would be most likely to be justified by an employer for:

truck driver