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Exam 42: Employment and Labor Law

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Question 21

True/False

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All states require the showing of some sort of cause before drug testing of employees.

A) True
B) False

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Question 22

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Employers with 11 or more employees are required to keep records of work records of work-related injuries and illnesses (except in low-hazard industries) under which act?

A) ERISA
B) COBRA
C) OSHA
D) Workers' Compensation Act
E) Fair Labor Standards Act

F) B) and C)
G) A) and B)

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Question 23

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The National Labor Relations Act is interpreted and enforced Fair Labor Standards Board.

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week. -Which of the following is true regarding Hannah's position that Rachel could be required to take paid sick leave and vacation prior to any leave under the Family and Medical Leave Act?

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

FMLA covers all employers with how many employees?

Mosses and his group of union picketers are blocking the entrance to their company, which is unprotected behavior in a labor dispute. This is known as ________.

Corporate Storage Inc. is a COBRA eligible employer who has failed to comply with the law. Corporate Storage Inc. could be required to pay ________

Assuming that the union is certified as the bargaining representative of the employees, which of the following is true regarding Nadine's statement that she would not deal with the union under any circumstances?

Which of the following does the National Labor Relations Board have jurisdiction over?

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims. -Is Bryson likely entitled to receive workers' compensation for his injury in the shower?

Which of the following is not a reason for which leave may be requested under the Family and Medical Leave Act?

Unions won the right to organize during the Great Depression.

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims. -ERISA is the acronym for

If an employee's hours are substantially reduced, COBRA ensures the employee can continue receiving benefits under the employer's policy.

In order to comply with OSHA, employers must prominently display either the federal or a state OSHA poster in the workplace to provide their employees with information on their safety and health rights.

The ________ prohibit employers from firing employees engaged in activities that further the public interest including jury duty, military service and whistle blowing.

The Fair Labor Standards Act covers employers engaged in interstate commerce or the production of goods for interstate commerce.

Under ERISA, employers are required to provide to plan participants all of the following except:

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Phillipo was working beside Marguerite on the assembly line. One Friday afternoon after the third shut-down of the line due to a mechanical problem, both had had enough and started looking at on-line funny animal videos. Phillipo was leaning against the conveyor belt when suddenly, the conveyor belt jerked into motion throwing Phillipo to the ground causing him to be injured. If he pursued a workers' compensation claim, what would the court look at?