Deck 15: Employment and Labor Regulations

Question 1

Several states have created a "whistle blower" exception to the doctrine of employment-at-will.

Answer 1

True

Question 2

In most states, an employee may not be terminated at-will for refusing to commit an illegal act.

Answer 2

True

Question 3

The whistle-blower exception to at-will employment status is more common for government workers.

Answer 3

True

Question 4

A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge, which is a violation of the employment contract.

Question 5

Exculpatory agreements as part of the employment process are generally held in disfavor by the courts.

Question 6

Employment-at-will means that, unless a contract holds otherwise, employers are free to fire workers at any time for any reason and employees are free to quit their jobs at any time for any reason.

Question 7

If an at-will employee is fired for reporting for refusing to commit an illegal act, the termination may be in violation of public policy.

Question 8

Exculpatory agreements are when an employee agrees not to sue his employer for injuries suffered on the job.

Question 9

If an at-will employee is fired for filing for workers' compensation benefits, the employer's action may be in violation of public policy.

Question 10

If an at-will employee is fired for refusing to commit an unethical act, the termination may be in violation of public policy.

Question 11

Certain contracts as a part of the employment relationship are held to violate public policy.

Question 12

If an at-will employee is fired for reporting for jury duty, the termination may be in violation of public policy.

Question 13

The whistle-blower exception to at-will employment status is an exception to collective bargaining agreements.

Question 14

In Ballalatak v. All Iowa Agriculture Assn. the Iowa Supreme Court held that a supervisor who reported that his company may cheat some employees out of worker compensation benefits would receive whistle-blower protection.

Question 15

An at-will employee may be fired for leaving work to report for jury duty.

Question 16

In Ballalatak v. All Iowa Agriculture Assn. the Iowa Supreme Court held that a supervisor at a company had the right to fight for worker compensation rights for other employees and not be fired for doing so.

Question 17

A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge, which is a tort.

Question 18

Public policy exceptions to the at-will employment rule are common bases for suits by employees wrongfully dismissed.

Question 19

An at-will employee legally may be fired for filing for bankruptcy if the employer believes it is an indication that the employee may not be trustworthy.

Question 20

A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge. Such suits are quite common.

Question 21

Anti-raiding covenants are when one company contracts with another company not to raid it in an effort to hire away any of its employees.

Question 22

In Zambelli Fireworks v. Wood the appeals court held that the trade secret protection in Wood's employment contract could be enforced, but he could not be prevented from working for a competitor.

Question 23

Anti-raiding covenants, when a company has employees agree not to hire company employees in the future for another firm, are upheld in most states in certain circumstances.

Question 24

Estimates are that about one in eight working-age people have a substance abuse problem at one time or another.

Question 25

The U.S. Chamber of Commerce found that workers who are substance abusers are no more likely that any other worker to suffer an injury or to cause one.

Question 26

A major concern of businesses about substance abuse is that it leads to higher medical insurance costs.

Question 27

Noncompete agreements are when an employer has employees sign agreements not to compete with the employer in the future.

Question 28

Noncompete agreements are legal in some states and generally illegal in other states.

Question 29

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

Question 30

Substance abuse in the workplace is estimated to cost employers about $250 billion a year.

Question 31

Noncompete agreements are when one firm agrees not to compete with another firm by hiring away its employees.

Question 32

In Zambelli Fireworks v. Wood the appeals court held that the noncompete agreement Wood had signed with his former employer, Zambelli, was too restrictive and could not be enforced.

Question 33

Substance abuse in the workplace is estimated to cost employers about $50 billion a year.

Question 34

The Drug-Free Workplace Act requires all large employers to adopt drug testing procedures.

Question 35

The federal government mandates that all companies with annual revenues of $5 million or more must have drug testing programs in place.

Question 36

Exculpatory agreements as part of the employment relationship are usually allowed if they are bargained for between employer and employee.

Question 37

Most companies provide employees with assistance programs to deal with alcohol and other substance-abuse problems.

Question 38

Anti-raiding covenants, by which an employee signs an agreement not to hire away other employees in employment in the future, are illegal in all states.

Question 39

Under federal law, airline pilots must be tested for drug and alcohol use by their employers.

Question 40

In Zambelli Fireworks v. Wood the appeals court held that the noncompete agreement Wood had signed with his former employer, Zambelli, was reasonable and could be enforced.

Question 41

Under federal law, commercial truck drivers must be tested for drug and alcohol use if they are in an accident.

Question 42

Substance abuse policies put in place by employers are strictly an internal company concern, and are not affected by state or federal legal laws.

Question 43

The Occupational Safety and Health Act requires employers to follow health and safety standards issued by OSHA.

Question 44

OSHA inspects each work place at least every other year.

Question 45

Violations of OSHA regulations are civil, there are no criminal penalties.

Question 46

Almost half the states have adopted laws forbidding employers from giving drug tests to job applicants.

Question 47

Under the hazard communication standard, an employer must develop a written hazard communication program.

Question 48

Every safety violation found by OSHA inspectors must be reported.

Question 49

Employers may give employees a drug test only if they are offered employment, not before.

Question 50

Under the hazard communication standard, an employer with toxic and explosive chemicals on the premises must have an ambulance available within five minutes.

Question 51

Penalties that employers may be assessed for violations of OSHA regulations may not exceed $1000 per day.

Question 52

Employers may not punish workers who exercise rights guaranteed to them by OSHA.

Question 53

By federal law, substance abuse policies are entirely at the discretion of the employer and need not be announced to employees.

Question 54

If an employee fails a drug test, giving the employee a second test is generally good policy.

Question 55

It is likely that a company has the right to test prospective employees for drug use in a pre-employment screening.

Question 56

The random drug testing of employees engaged in non-sensitive work, at the discretion of their superiors, may lead to legal challenges by such employees.

Question 57

OSHA inspectors must follow rigid guidelines that give them little discretion; to do otherwise allows discriminatory treatment that has been held illegal.

Question 58

The Supreme Court has held that because of the importance of worker safety and health, inspections by OSHA may be conducted without warrants so employers do not have time to hide problems.

Question 59

Penalties for violations of OSHA regulations may run into the millions of dollars.

Question 60

State laws vary in how they resolve various drug-related employment issues.

Question 61

In workers' compensation cases, the employer is shielded from tort liability.

Question 62

Workers who are injured at work due to their own negligence do not collect workers' compensation benefits.

Question 63

One of the problems of workers' compensation laws is that the laws give employers less incentive to invest in work-site safety.

Question 64

In Long v. Superior Senior Care, Long was issued on the job and filed for Workers' Compensation. Superior contended that she was an independent contractor so it was not responsible for such assistant. The Arkansas high court held that Long was an independent contractor as she was not under the control of Superior, so was not owed Workers' Compensation.

Question 65

In Long v. Superior Senior Care, Long was issued on the job and filed for Workers' Compensation. Superior contended that she was an independent contractor so it was not responsible for such assistant. The Arkansas high court held that Long was under the "control" of Superior so was an employee due Workers' Compensation and that Superior engaged in fraud for denying her a public right, so she could sue in tort.

Question 66

Workers who are injured at work and collect workers' compensation benefits may not sue in tort except in rare cases.

Question 67

Workers who are injured at work by an intentional tort may sue in tort.

Question 68

Workers who are injured at work due to their employer's negligence may collect workers' compensation benefits and sue in tort.

Question 69

Workers' compensation premiums are set by the Department of Labor.

Question 70

In Long v. Superior Senior Care, Long was issued on the job and filed for Workers' Compensation. Superior contended that she was an independent contractor so it was not responsible for such assistant. The Arkansas high court held that Long was under the "control" of Superior so was an employee due Workers' Compensation.

Question 71

Workers who receive maximum workers' compensation payments normally receive about two-thirds of their gross wages, up to a state-imposed weekly maximum.

Question 72

Under the hazard communication standard, an employer must place all toxic and explosive chemicals in a facility detached from the main workplace.

Question 73

Workers' compensation was created by the federal government to deal with problems of injured workers during the 1933 coal strikes.

Question 74

Workers' compensation was first adopted in the U.S. in Wisconsin in 1911.

Question 75

One of the problems of workers' compensation is that the premiums are the same for all employees regardless of the dangers of the job.

Question 76

A main objective of the workers' compensation system is to increase the role of lawyers and expert witnesses.

Question 77

Workers' compensation is a no-fault insurance system.

Question 78

Some critics argue that the current worker's compensation system is flawed because too many awards are given for permanent partial disabilities.

Question 79

The Family and Medical Leave Act only applies to private employers with 500 or more employees.

Question 80

Workers' compensation began as a program in several states before it was taken over by the federal government.