Deck 27: The Supervisor and the Law

Question 1

Healthcare provider organizations are exempted from The National Labor Relations Act.

Answer 1

False

Question 2

Before 1975, not-for-profit hospitals were exempt from all provisions of the Labor-Management Relations Act (Taft-Hartley).

Answer 2

True

Question 3

A union must provide written notice to a health care institution and the Federal Mediation and Conciliation Service 30 days prior to engaging in a strike.

Answer 3

False

Question 4

Although Congress wished to avoid fragmentation of bargaining units in health care institutions, in the late 1980s the National Labor Relations Board (NLRB) moved toward proliferation of bargaining units.

Question 5

In separating the skilled maintenance trades from all other occupational groupings, the NLRB essentially discouraged them from organizing.

Question 6

When federal law and state law both address the same concern, the federal law always takes precedence.

Question 7

By definition and description, sexual harassment is not limited strictly to the actual workplace.

Question 8

Within a week after starting employment, an individual must present evidence that establishes his or her identify and legal authorization to work in the United States.

Question 9

The Employee Retirement and Income Security Act, ERISA, requires employers to have pension plans regulates the operation of all pension plans.

Question 10

With a few exceptions, the Employee Polygraph Protection Act bars employers from using polygraph tests for pre-employment screening or during the course of employment.

Question 11

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) stated that:

A) Organizations must continue health indefinitely for all departing employees.
B) Under certain circumstances employees have the right to continue their coverage under an employer-sponsored group health plan.
C) All continued health insurance coverage granted under this law is limited to 18 months duration.
D) Employees who retire do not have the right to continuation of coverage.

Question 12

The Civil Rights Act of 1991 had the effect of:

A) Strictly limiting jury trials in anti-discrimination cases.
B) Replacing the Civil Rights Act of 1964.
C) Reversing some Supreme Court decisions that had the effect of weakening existing law.
D) Permitting unlimited compensatory and punitive damages in discrimination cases.

Question 13

The legislation that has had the greatest overall impact on employment relationships is:

A) The Age Discrimination in Employment Act (ADEA).
B) The Americans with Disabilities Act (ADA).
C) The Civil Rights Act of 1991.
D) The Civil Rights Act of 1964.

Question 14

As utilized in the calculation of overtime pay, the so-called "regular rate" includes:

A) The scheduled hourly rate plus on-call pay, call-in pay, and shift differential.
B) The scheduled hourly rate plus shift differential.
C) The scheduled hourly rate plus on-call pay and call-in pay.
D) The scheduled hourly rate alone.

Question 15

A principal factor in determining whether a given position will be exempt or nonexempt is:

A) The title of the position.
B) The level of pay for the position.
C) The percentage of time spent on various activities.
D) The level of the position's reporting relationship.

Question 16

The Fair Labor Standards Act defines the standard workweek as a fixed, recurring period of _________.

Question 17

The Equal Employment Opportunity Act of 1972 strengthened the powers and expanded the jurisdiction of the ____________________ .

Question 18

Under the amended Age Discrimination in Retirement Act, with few exceptions an employer can no longer mandate ____________ at a certain age.

Question 19

The Family and Medical Leave Act (FMLA) allows an eligible employee to take up to ___________ of unpaid leave in a 12-month period for certain specific reasons without loss of employment.

Question 20

All employees who do not fall under the executive, administrative, or professional category are considered _____________.