Deck 11: Employment Relationships and Labor Law

Question 1

The process of having the National Labor Relations Board certify a union based on 50 percent of the authorization cards indicating the employees want a union without an election is called
.

Answer 1

card check

Question 2

COBRA requires that employers provide health care coverage,at the former employee's cost,for up to after the employee leaves the company.

Answer 2

18 months

Question 3

Employers are increasingly employing elaborate employee-monitoring measures primarily to limit their risk of liability in areas such as defamation and employment discrimination.

Answer 3

vicarious

Question 4

Conditions in American industrial plants have always been safe and humane with regard to the treatment of workers.

Question 5

Generally,an at-will employee may be fired just because the boss does not like him or her.

Question 6

Expressly firing someone for whistle-blowing constitutes an act of .

Question 7

Leah is a first-year elementary school teacher at a private religious school.The parents and kids love her,and she gets along with everyone.One month after starting,she is called into the headmaster's office and handed an envelope containing spring-break college photos of her topless,guzzling beer and alcohol,while sitting in various men's laps.The headmaster informs her that she is terminated immediately and that she must clean out her desk and remove all of her personal belongings by the end of the day.She demands to know where the headmaster found these photos,and he tells her that the school monitors social networking sites.These pictures had been posted to a website she no longer uses and had forgotten about.She will be successful if she sues for wrongful termination based on invasion of privacy.

Question 8

Jan has been fired by her employer for poor job performance.Jan is still entitled to apply for and receive employer-provided health care coverage under provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA).

Question 9

An employee with a salary in the top 10 percent of the company's payroll is classified as a[n]
employee for purposes of the Family and Medical Leave Act.

Question 10

An employee group with mutual interests and goals that is an appropriate unit for negotiating union contracts is called a[n] unit.

Question 11

The shift from an agricultural society toward industrial production began almost immediately after the end of the U.S.Revolution.

Question 12

Employers are not bound by the Fair Labor Standards Act regarding employees classified as
.

Question 13

If an employee in a unionized company believes that the employer is violating the collective bargaining agreement,he or she may file a[n] and the union will arbitrate the matter on behalf of the employee.

Question 14

One important aspect of a successful workers' compensation claim is that the employer's fault,negligence,or wrongdoing does not have to be evidenced or proved for the injured employee to be compensated.

Question 15

Workers at Kent Corp.are on strike.To increase pressure on Kent Corp.,they start picketing Flint Corp.,one of Kent's suppliers,with signs urging the boycotting of Flint for supporting unfair labor practices.The picketing at Flint would be considered an illegal .

Question 16

A short-term strike called without union authorization is called a[n] strike.

Question 17

The Social Security Act is funded through mandatory employment taxes paid by both the employer and the employee.

Question 18

Employers are not required to offer their employees health care benefits.

Question 19

Employees who are classified as key employees and take leave are not automatically entitled to Family and Medical Leave Act reinstatement protections and guarantees.

Question 20

Workers' compensation provides benefits for workers who are injured on the job.

Question 21

The Health Care and Education Reconciliation Act of 2010 requires that employers with 25 or more full- or part-time employees provide health care coverage to employees or face a penalty.

Question 22

Employees making complaints to the Occupational Safety and Health Administration are protected under the Occupational Safety and Health Act's whistle-blowing provisions.

Question 23

Contributory negligence and comparative negligence are generally not valid defenses to workers' compensation claims.

Question 24

Even though children may legally be employed as actors,the Fair Labor Standards Act requires that appropriate educational standards be maintained through tutors and/or home schooling.

Question 25

The Fair Labor Standards Act does not cover all employees.

Question 26

In NLRB v.Midwestern Personnel Services Inc.,the court agreed with the NLRB position,saying that unfair labor practice strikes do not lose their character when economic motives contribute to their cause and that they remain unfair labor practice strikes as long as employees are motivated in part by unfair labor practices.

Question 27

Except for children working in family agricultural jobs or as actors,the Fair Labor Standards Act prohibits the employment of 13-year-olds.

Question 28

When an employee suffers a job-related injury,the employee always has a choice of suing the employer in court or seeking workers' compensation.

Question 29

Sally works an hourly office job from 8 a.m.until 4:30 p.m.,Monday through Friday,with an hour each day for lunch.Lunch is unpaid,so her weekly hours total 37½.One Friday,her boss Harry asks her to stay an extra hour to complete a project.If she stays the extra hour,she will be entitled to overtime pay for that hour.

Question 30

The Portal-to-Portal Act provides two broad exceptions to FLSA wage and hour requirements.Unless the activity is integral and indispensible to their principal job,employees are not entitled to compensation for (1)time spent by an employee traveling to and from the actual place of the employee's job; and (2)time spent by an employee on activities performed before or after the principal activities in a workday.

Question 31

The Federal Unemployment Tax Act covers the costs of administering state unemployment insurance and state job service programs.

Question 32

The Fair Labor Standards Act requires that all workers be paid a minimum wage.

Question 33

If a union chooses not to bring a grievance to arbitration,the individual union member always has the right to pursue the matter through a lawsuit to enforce union provisions.

Question 34

Under the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act,individuals who were not covered under a health care plan by 2014 were required to purchase a plan through a health care exchange.

Question 35

If a worker dies before retirement,all Social Security benefits are forfeited and no benefits are paid to anyone.

Question 36

If an employee has a retirement savings account,the employer promises to pay a monthly sum to the account,ordinarily based on the employee's length of service and final salary at the date of retirement.

Question 37

Leon works in an office environment and,during lunch,closes his office door and uses his personal laptop computer to search the Internet for pornography,accessing the company's server via an Ethernet cable connection.The company may monitor his computer usage even though he is using a personally owned computer.

Question 38

Ben has applied for a job at a restaurant.As a condition of employment,the restaurant owner may legally require him to take a polygraph test.

Question 39

Kathy is a college student who enjoys spending her summers at the beach.For the past four years,starting as a junior in high school,she has worked as a waitress at a local beach resort restaurant from mid-June through mid-August.According to the majority of state statutes,if Kathy is injured while working in the restaurant,she will be eligible for workers' compensation benefits.

Question 40

When an employee takes leave pursuant to the Family and Medical Leave Act,seniority must continue to accrue and will be applied as if the employee were not on leave.

Question 41

Disability benefits are provided to eligible workers pursuant to the
A) National Labor Relations Act.

A) Social Security Act.
B) Family Medical Leave Act.
D) Occupational Safety and Health Act.

Question 42

If an employee is killed on the job,the Occupational Safety and Health Act requires that the employer notify the administration as soon as possible but no later than after the accident.
A) 24 hours regardless of business hours

A) 8 business hours
B) 12 business hours
D) 48 hours regardless of business hours

Question 43

Which of the following literary works,although fictional,has been extremely influential in affecting American statutory law and often been cited in legislative histories regarding employment law?

A) Paradise Lost by John Milton
B) The Grapes of Wrath by John Steinbeck
C) What Is to Be Done? Burning Questions of Our Movement by Vladimir Lenin
D) The Jungle by Upton Sinclair

Question 44

Which of the following is also called the Taft-Hartley Act?

A) National Labor Relations Act
B) Labor Management Relations Act
C) Labor-Management Reporting and Disclosure Act
D) Fair Labor Practices Act

Question 45

Protection of employee medical information is addressed by the

A) Health Insurance Portability and Accountability Act.
B) Consolidated Omnibus Budget Reconciliation Act.
C) Social Security Act.
D) Health Care and Education Reconciliation Act.

Question 46

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following,unless consent to monitor is granted,except
A) employee e-mail.

A) employee incoming personal phone calls.
B) employee outgoing personal phone calls.
D) employee voice mail.

Question 47

The Family and Medical Leave Act applies to employers with a minimum of
A) 10 full-time employees.

A) 25 full-time employees.
B) 15 full-time employees.
D) 50 full-time employees.

Question 48

Unsafe workplace conditions are monitored and regulated under

A) ERISA.
B) COBRA.
C) HIPAA.
D) OSHA.

Question 49

Right-to-work laws

A) require that all persons applying for jobs be treated equally and without discrimination.
B) make it illegal for employers to agree with unions that union membership be required for continuing employment.
C) make it illegal for employers to agree with unions that union membership be required as a condition of employment.
D) make it illegal for an employer to terminate an employee for joining a union.

Question 50

The Employee Retirement Income Security Act establishes rules regarding each of the following except

A) how much company stock may be held in a pension plan.
B) minimum interest rate returns on investments by pension and retirement savings plans.
C) record keeping.
D) maintenance of standardized vesting rules.

Question 51

Which of the following is a tactic used by employers when anticipating a strike by a group of employees?
A) secondary boycotts

A) wildcat strikes
B) lockouts
D) grievances

Question 52

Morris is a nonexempt employee with a salary of $400 a week based on a 40-hour week.If he works 50 hours in a particular week,his paycheck should be for

A) $450.
B) $500.
C) $550.
D) $600.

Question 53

Employee protection from the use of regular or random drug or alcohol tests in the workplace is governed by
A) common law.

A) federal law.
B) state law.
D) constitutional law.

Question 54

With regard to polygraph tests,

A) public and private employers may require that employees take no more than one test per year as a condition of employment.
B) an employer may require mandatory tests only if every employee, both management and nonmanagement, is required to be tested.
C) government employees may be required to take tests only if the tests are a part of an investigation for theft or economic loss.
D) a privately owned drug company may require tests of its employees.

Question 55

In Whirlpool v.Marshall,what did the Supreme Court conclude about an employee's right to walk off the job when faced with a hazardous workplace condition?

A) If an employee walks off the job, he or she will be subject to immediate termination.
B) An employee must provide a written statement to the job foreman before walking off the job.
C) An employee will receive time-and-a-half pay for reporting the danger but staying on the job anyway.
D) Despite the lack of specific authorization in the OSHA statute, an employee may walk off the job when faced with a condition the employee reasonably believes will result in serious injury or death and the context makes it impractical for the employee to contact administration inspectors.

Question 56

Under the Health Care and Education Reconciliation Act,employers offering high-end health care policies in 2018 will be required to pay additional taxes to help fund the Act's plan.A high-end health care policy is defined as one costing more than
A) $12,500 per year.

A) $23,500 per year.
B) $18,500 per year.
D) $27,500 per year.

Question 57

Once the union organizers obtain authorization cards from at least of the members of a bargaining unit,an election will be scheduled by the National Labor Relations Board.

A) 20 percent
B) 25 percent
C) 30 percent
D) 35 percent

Question 58

The Fair Labor Standards Act was originally intended to cover employers engaged in

A) intrastate commerce only.
B) interstate commerce only.
C) both intrastate and interstate commerce.
D) any and all commerce, including foreign commerce.

Question 59

The Federal Unemployment Tax Act of 1935 was enacted to provide limited assistance to

A) workers who had been only permanently terminated from their employment.
B) workers who had been only temporarily terminated from their employment.
C) workers who had been terminated, regardless whether the incident leading to the termination was his or her fault.
D) workers who had been temporarily or permanently terminated from their employment through no fault of their own.

Question 60

The Labor Management Relations Act gives the president of the United States the right to suspend a strike for up to in times of national emergency.

A) 80 days
B) 90 days
C) 120 days
D) 180 days

Question 61

The purpose of the 1959 enactment of the Labor-Management Reporting and Disclosure Act was to uncover fraud and prevent corruption among union officials.How does the Act operate to accomplish this goal?

Question 62

Stella has asked her employer for leave pursuant to the Family and Medical Leave Act.What must she evidence to be eligible for leave?

Question 63

When an employee is being classified as exempt or nonexempt regarding Fair Labor Standards Act coverage,what factors are evaluated to arrive at a determination?

Question 64

Management is permitted to voice objections to the formation of a union under the

A) National Labor Relations Act.
B) Labor Management Relations Act.
C) Labor-Management Reporting and Disclosure Act.
D) Fair Labor Practices Act.

Question 65

The following act was passed specifically to monitor and prevent corruption in major trade unions:

A) National Labor Relations Act.
B) Labor Management Relations Act.
C) Labor-Management Reporting and Disclosure Act.
D) Fair Labor Practices Act.

Question 66

Explain how the Patient Protection and Affordable Care Act of 2010 and Health Care and Education Reconciliation Act of 2010 have affected the U.S.health care system since their provisions took effect.

Question 67

Let us assume that you have just graduated and you're employed doing the job you have trained for and hoped and expected to have.State what that job is (if you're undecided,choose one),and explain whether the position makes you exempt or nonexempt from standards and regulations under the Fair Labor Standards Act (FLSA)and how the FLSA does or does not apply to you.

Question 68

Workers at Jones Corporation have been on strike for three months due to an impasse based on salary and benefits.When the strike is concluded

A) the workers must all be rehired but they are not entitled to back pay.
B) the workers must be rehired and they are entitled to back pay.
C) the employer is not required to rehire the employees as long as back pay is paid as severance.
D) the employer is not required to rehire the employees and the employees are not entitled to back pay.

Question 69

In what ways does OSHA (the Act and the agency)work to establish and maintain workplace safety?

Question 70

Explain how the Electronic Communications Privacy Act applies to employee privacy and protections.

Question 71

Eligible workers who take leave under the Family and Medical Leave Act

A) must be paid their regular salary, and medical benefits must be continued by the employer.
B) are not entitled to be paid their salary, but the employer must continue providing medical benefits.
C) are guaranteed their same position on their return at their same salary.
D) are not guaranteed the same position but must be offered, at a minimum, a similar position; however, their salary pay may be adjusted if the new position is at a different pay grade.

Question 72

Most state workers' compensation statutes exempt each of the following except

A) a housekeeper who injures her back while vacuuming a rug.
B) a full-time custodial worker employed at a local store.
C) a college student who regularly works part-time for a florist after classes and is injured while making a delivery to a customer.
D) a college student who works two months a year during his summer vacation as a lifeguard at a pool and is injured while saving a woman.

Question 73

Discuss the differences between an economic strike and an unfair labor practice strike.What are the possible implications and consequences for union employees after each?

Question 74

Which of the following is not covered under the Fair Labor Standards Act?
A) child labor

A) overtime pay
B) working conditions
D) minimum wage

Question 75

The Fair Labor Standards Act imposes restrictions on hiring workers under

A) 18 years old.
B) 17 years old.
C) 16 years old.
D) 15 years old.

Question 76

The Family and Medical Leave Act provides that eligible employees be permitted

A) 6 weeks of unpaid leave during any 12-month period.
B) 6 weeks of paid leave during any 12-month period.
C) 12 weeks of unpaid leave during any 12-month period.
D) 12 weeks of paid leave during any 12-month period.

Question 77

Employers must provide continuing health care coverage to any employee,for a fee,even if terminated,under the

A) Health Insurance Portability and Accountability Act.
B) Consolidated Omnibus Budget Reconciliation Act.
C) Social Security Act.
D) Health Care and Education Reconciliation Act.

Question 78

Name and define three forms of illegal work stoppages that may be conducted by employees.

Question 79

Which of the following is not a factor considered when classifying an employee as covered or exempt?

A) Education or skill level.
B) Amount of physical labor required.
C) Whether the employee uses the employer's tools or his or her own.
D) Degree of supervision required by the employer.

Question 80

Olivia works as an advertising executive for a large public relations firm in New York.Her boss gives her tickets to attend a formal event in Washington,D.C.,that will be attended by many of the firm's clients.He expects her to represent the firm and generally solidify client relations through her attendance.While mingling with the attendees,she slips on a spilled drink and is severely injured in the fall.If Olivia files for workers' compensation,will she be eligible for benefits?