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EMPLOYMENT AND LABOR LAW question

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Question;True/False Questions;Sid?s Sub Shop hired Ted to manage the shop from January 1, 2007;to December;31, 2007. This is an employment at will contract.An employee cannot be terminated under an employment;at will contract for refusing to commit an illegal act.The good cause exception to employment at will arises;during the course of a worker?s employment based on the way the employer;evaluates rewards and disciplines the employee.To be protected by the public policy exception to;employment at will, the public policy that the employee acts to advance;must be tied to a constitutional, statutory or administrative law.An employer who fires an, at will employee in a;public and humiliating manner may be liable to the employee for;intentional infliction of emotional distress.Employees who are covered by the Fair Labor Standards;Act must receive treble their hourly salary for each hour of overtime they;work.ERISA requires that all employers with more than 15;employees provide health insurance for the employees.The Family and Medical Leave Act requires, that;employees who are out of work for a ?serious health condition? be paid for;the time they are out of work.To collect state unemployment insurance, a worker;must be actively seeking a replacement job that is appropriate for someone;with his skills, education and work history.Employers who violate OSHA regulations are subject to;fines and, if the violations are willful, imprisonment.To collect workers compensation an employee?s injury;must have occurred in the workplace or in a work-related situation.The Fair Labor Standards Act makes it illegal for;employers to require that employees undergo mandatory alcohol and drug;testing.?Union shops? are illegal under the Taft-Hartley Act.Under Section 7 of the National Labor Relations Act;workers who are members of a union retain the right to negotiate;individual employment contracts with their employers.When;workers strike for higher wages, management may hire replacement workers and;refuse to rehire the striking workers when the strike is over.;Multiple Choice;Questions;Which;federal statute regulates minimum wages, overtime and the employment of;minors?Employee;Retirement Income Security ActThe;National Labor Relations ActThe;Fair Labor Standards ActThe;Taft-Hartley Act;Which;federal statute sets standards for employee pension and benefits plans?The;Fair Labor Standards ActThe;Employee Retirement Income Security ActThe;National Labor Relations ActThe;Landrum-Griffin Act;Which;federal statute requires that employers provide safe working conditions;for their employees?The;Landrum-Griffin ActThe;Taft-Hartley ActThe Corporate Insurance Compensation ActThe;Occupational Safety and Health Act;The;principal federal law regulating union-management relations is theFair;Labor Practices ActThe;National Labor Relations ActThe;Benson-Morley ActThe;Sarbanes-Oxley Act;Doctors;lawyers, executives and others who are not covered by laws regulating;overtime pay are classified as ________employees.VitalExemptStatutoryGoodwill;Which;of the following statements about employer-funded pension and health;benefit plans is true?Employers;are required by federal law to provide health insurance for their;employeesEmployers;are required by federal law to provide pension plans for their employees.Employer;pension plans are subject to numerous federal reporting and disclosure;laws.Both;a and bBoth;a and c;Only;employers who have ________or more employees are subject to the Family and;Medical Leave Act.5075100300;The;Family and Medical Leave Act requires thatEmployees;receive their normal pay when on medical leave.Employees;are entitled to 12 weeks of medical leave during a 12 month periodEmployees;must have worked for an employer for a minimum of 36 months to qualify;for medical leaveWhat;constitutes a ?serious medical condition? is decided by the employee.;Which;of the following statements about unemployment compensation insurance is true?The;program is funded and administered by the individual states.The;program is a provision of the Family and Medical Leave ActThe;program is a provision of the National Labor Practices ActThe;program is a provision of the Occupational Safety and Health Act;What;must a worker do to be eligible for unemployment compensation?S(he);must have been employed for a specified period of time.S(he);must be actively looking for another jobS(he);must not have been fired for egregious behavior in the workplaceAll;of the above are requirement for eligibility.;John;who is employed by a private business, was injured on the job. How will;OSHA learn of the job safety violation that caused his injury?John;may report his injury directly to OSHAJohn?s;employer must report his injury to OSHAOSHA;may conduct an inspection of John?s worksite.Both;a and ba;and b and c;The;clause in OSHA that details the requirements that different kinds of;equipment, such as scaffolding, must meet in various occupations is the;clause.Employee;benefitExculpatoryGeneral;dutySpecific;duty;Workers;compensation laws benefit employers becauseEmployers;can choose to opt in or to opt out of the programThe;insurance premiums that employers pay are very lowEmployees;cannot sue their employers for negligence even if the employer?s;negligence caused the injuries.Employees;cannot sue the employer for intentionally causing the workplace injuries;Under;the National Labor Relations Act, businesses may notPrevent;workers from forming a unionDiscriminate;against workers for joining a unionLay;off workers in business downturns without the approval of 2/3 of the;workers in a shop vote.Both;a and ba;and b and c;To;collect workers compensation, an employee mustSuffer;an injury that arose out of his employmentBe;included in the category of workers entitled to workers compensationNot;be out of work for more than 10 days.Both;a and ba;and b and c;Which;of the following activities is permitted by the Taft-Hartley Act?A;business may require that a worker be a member of a union as a condition;for being hired.A;business may require that a worker join a union after he has worked for a;certain period of time.Unions;may organize secondary boycotts to protest the employment practices of;other employers.Unions;may veto management lay offs of workers during slow business periods.;State;?right to work? laws are designed toAllow;workers to opt out of overtime pay protectionsAllow;workers to sue for invasion of privacy when their employers monitor their;private electronic communications.Forbid;employers from requiring alcohol and drug testing as a condition of;employmentForbid;employers from requiring that workers be members of a union as a;condition of employment.;Which;of the following category of worker is notcovered by the National Labor Relations Act?Employees;of the federal governmentEmployees;of state governmentsIndependent;contractorsNone;of the above is covered by the National Labor Relations Act;When;workers protest a management policy by refusing voluntary overtime and;arranging for selected workers to call in sick, they are engaging in aStrikeLock;outJob;actionBoycott;Before;a binding vote is held in which workers choose to unionize or not;unionize, enough workers must sign authorization cards indicating that;they are interested in joining the union. The percentage of the work unit;who must sign these cards is10%30%50%80%;The;final vote in which workers decide whether or not to unionize must be;conducted without undue influence from either union or management. The;term for these voting conditions is __________________conditions.NeutralEquitableLaboratoryTransparent;An;employer whose termination of an at-will employee violates a public policy;is liable to the employee forUnpaid;back pay and benefitsPunitive;damagesDamages;for pain and sufferingAll;of the above;Employees;who are hired under an at-will employment contract still may not be;terminated ifThe;employer created a work environment that led to the creation of a ?good;cause? exception.The;termination violates a public policyThe;employee is being dismissed for whistle blowingAll;of the above negate an employer?s right to terminate an at-will employee.;Employers;who dismiss an employee in a public and demeaning way may be liable to the;employee in tort forInvasion;of privacyIntentional;infliction of emotional distressWrongful;interference with a contractual relationship.Both;a and ba;and b and c;An;employer who prevents employees from coming to work in an effort to accelerate;contract negotiations between management and union leadership engages in;a(n)_______.BoycottJob;actionLockoutStrike

 

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