Question 1

Wrongful discharge claims are generally based upon all EXCEPT:

Accepted Answer

Wrongful discharge claims can be based on public policy, breach of contract, and tort law, but are not typically based on criminal law. Wrongful discharge claims may arise when an employer terminates an employee in violation of a clear public policy, such as retaliation for reporting illegal activity or discrimination. They may also arise when an employer breaches an employment contract or when the termination is based on discrimination, harassment, or other unlawful conduct, which would be a violation of tort law. However, wrongful discharge claims do not generally involve criminal law.

Question 2

Jim was a mechanic.One day when he attempted to weld a car's gasoline tank,it exploded and he was hurt.He filed to collect workers' compensation.His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank.Which statement is correct?

Accepted Answer

In most states, workers' compensation is a no-fault system. This means that injured workers can receive benefits regardless of who was responsible for the accident. Therefore, Jim can recover even if he was negligent and violated the employer's rules, as long as the injury occurred in the course and scope of his employment.

Question 3

Employees of Mega Corp.have gone out on strike seeking better pay.Mega Corp.announces that if the union does not end the strike it will begin hiring replacement workers.Which statement is correct?

Accepted Answer

Mega Corp has the legal right to hire replacement workers during a strike, as long as it does not engage in any unfair labor practices while doing so. There is no requirement for the company to give the union notice or for the collective bargaining agreement to expressly give the company the right to hire replacements.

Question 4

A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time.Thus,employees may work for a few days or only a few hours before walking off the job again.The employer claims the union does not have the legal right to engage in a partial strike.Which statement is correct?

Accepted Answer

Partial strikes, where employees alternate between working and striking without clear notice, disrupt the employer's ability to maintain operations and are generally not protected under labor laws such as the National Labor Relations Act (NLRA) in the United States. Workers must choose to either fully work or fully strike.

Question 5

Does the Family and Medical Leave Act apply to professionals like CPAs?

Accepted Answer

The Family and Medical Leave Act applies to all employees who work for a covered employer, which is defined as a private employer who employs at least 50 employees for at least 20 workweeks in the current or preceding calendar year. This includes professionals like CPAs, as long as they work for a covered employer.

Question 6

When may an employer require an employee to submit to a lie detector test?

Accepted Answer

According to the Employee Polygraph Protection Act (EPPA), employers may only require employees to submit to a lie detector test if it is part of an on-going investigation into specific incidents of economic loss or injury to the employer's business. The test cannot be used for pre-employment screening, during employment or randomly. Exceptions may apply to certain government employees or employees of security services.

Question 7

Under the federal legislation known as OSHA:

Accepted Answer

OSHA (Occupational Safety and Health Administration) requires employers to keep records of all work-related injuries and illnesses. This includes maintaining records of the incident, the employee affected, and any treatment or time off work required as a result of the injury.

Question 8

Which of the following are tasks of the National Labor Relations Board?

Accepted Answer

The National Labor Relations Board is responsible for adjudicating claims of unfair labor practices committed by both employers and unions. Additionally, the board has the task of determining which union is entitled to represent a group of employees in cases of union representation disputes.

Question 9

Roxanne was fired from her job when her employer instituted a new policy that prohibited employees from smoking cigarettes.This requirement applied to off-duty time as well as job-related time.Roxanne claimed that she could not quit smoking and that she was wrongfully fired since she did not smoke in the workplace -- only when she was outside the building and during off-duty time.

Accepted Answer

The answer of Roxanne was fired from her job when...

Question 10

Orson was fired from his job behind the ticket counter at the airport.He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his co-workers and customers.His supervisor told him not to return.Orson's employer faces potential liability for:

Accepted Answer

Orson was subjected to intentional infliction of emotional distress by being publicly humiliated and abruptly fired in front of his co-workers and customers.

Question 11

A company's collective bargaining agreement has expired and negotiations are underway for a new one.After one exhausting session,union leaders have decided management will not bargain in good faith.The union declares it will be going out on strike the following midnight if an agreement is not reached.The union:

Accepted Answer

The answer of A company's collective bargaining agreement has expired...

Question 12

The duty of fair representation created by the NLRA and the LMRDA requires that:

Accepted Answer

The duty of fair representation requires that a union represents all members impartially and in good faith, regardless of their race, age, gender, or any other protected characteristic. This means that a union cannot discriminate against any member or group of members, and must provide fair representation to all. This duty is a cornerstone of labor law and is designed to ensure that unions are accountable to their members and act in their best interests.

Question 13

Ron and several fellow workers of Vicy,Inc. ,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

Accepted Answer

The answer of Ron and several fellow workers of Vicy,Inc....

Question 14

Abbott provided evidence of fraudulent financial reporting about his employer,a publicly traded company,to federal securities investigators.Abbott receives whistleblower protection under:

Accepted Answer

The Sarbanes-Oxley Act provides protections to whistleblowers who report misconduct related to financial reporting of publicly traded companies.

Question 15

The management and union representatives of Prime Manufacturing are bargaining a new CBA.Management:

Accepted Answer

Management may use a lockout if the parties have reached an impasse in their bargaining and management notifies the union before locking the employees out. This is in accordance with the National Labor Relations Act. The other options are not accurate as management cannot use a lockout at any time, cannot never use a lockout, and cannot use a lockout only as a retaliatory measure.

Question 16

The Fair Labor Standards Act:

Accepted Answer

The answer of The Fair Labor Standards Act:
...

Question 17

Which of the following statements is correct?

Accepted Answer

Generally speaking, private employers have more freedom to test employees for drugs or alcohol than government employers do. However, the specifics vary by state and industry, and there may be certain restrictions or regulations in place.

Question 18

Kelly is upset with her supervisor and believes his conduct violates the terms of her union's collective bargaining agreement (CBA).The union filed a grievance on Kelly's behalf.Who will conduct the grievance hearing?

Accepted Answer

In this case, the grievance hearing will typically be conducted by a neutral third-party arbitrator, who is agreed upon by the union and management. The arbitrator will review the facts and evidence presented by both sides and make a binding decision on the matter. It is unlikely that the U.S. Court of Appeals or National Labor Relations Board would be involved in this process. A replacement worker would not have any role in the grievance hearing.

Question 19

Sharon fell while making an inspection of a machine at work and in the fall,she broke her arm.Can she collect workers' compensation for the time she had to be away from work as she recovered?

Accepted Answer

Sharon's injury occurred while she was at work, which makes her eligible to receive workers' compensation. It does not matter if the injury was caused by her own mistake or if she could have taken precautions to prevent it. Workers' compensation is intended to cover injuries that occur while an employee is performing their job duties.

Question 20

A state law prohibits firefighters and school teachers from going out on strike.Though they are allowed to organize into collective bargaining units,state law prohibits them from striking.Such a state law:

Accepted Answer

The state law prohibiting firefighters and school teachers from going out on strike is legal, as many states have laws that prohibit certain public employees from striking. While the right to strike is a fundamental right protected by the NLRA, the NLRA explicitly allows states to prohibit certain categories of employees from striking. Furthermore, the U.S. Supreme Court has recognized the validity of such state laws, stating that the government has a compelling interest in prohibiting strikes by certain public employees to maintain essential public services.

Quiz 26: Employment and Labor Law