2 - Ch 38

Question 1

characteristics of employment relationship

Answer 1

employee is hired to work under the control of the employer

Question 2

creation of employment relationship

Answer 2

individual employment contracts
collective bargaining contracts: representatives bargain to an agreement on wages, hours and working conditions

Question 3

Duration and Termination of employment contract

Answer 3

employment-at-will doctrine and developing exceptions: the employer can terminate the contract at any time, for any reason. Bars employees from being fired when against public policy.
employer adjustments: policy manuals stipulate no assurance of employment and cause is not
justified discharge: employers have the right to terminate for cause and lay off employees due to economic conditions

Question 4

Whistleblower protection under the sarbanes-oxley and dodd-franks acts

Answer 4

protection provided: publicly-traded companies cannot take adverse action against an employee who provides information or regarding fraud
procedures: individual subject to an adverse action must file a timely complaint with OSHA
the dodd-frank expansion: expands whistleblower protection to a wide range of financial service employees. it expands the statute of limitations, allows for an immediate lawsuit in federal district court and expands recovery amounts

Question 5

duties of the employee

Answer 5

services
trade secrets: agreement to refrain from disclosing trade secrets is binding
inventions: without agreement they belong to employee. employer has a shop right to use

Question 6

rights of the employee

Answer 6

compensation: employees must be paid all amounts due, including accrued vacations and bonuses
federal wage and hour law
-subminimum wage provisions: full-time students and those with impaired productive capacity can be paid less than minimum wage
-wage issues: deductions from wages for shortages and tools are not legal if they reduce wages below minimum wage
-overtime pay: employees must be paid at one and one half times regular rate for each hour worked over 40 hours per week
-child labor provisions: limits hours of work for minors under 16 and lists hazardous occupations too dangerous for them

Question 7

the national labor relations act

Answer 7

employees have the right to form a union to obtain a collective bargaining contract or to refrain from organizational activities

Question 8

national labor relations board

Answer 8

investigates and prosecute all unfair labor practice cases

Question 9

election conduct

Answer 9

protection rules to insure election will express true desire of employees

Question 10

union activity on private property

Answer 10

employers may prohibit union solicitation during work periods. during nonworking periods may not impede employees’ exercise of rights under the law

Question 11

social media and section 7: protected activity for union and nonunion workers

Answer 11

employees have a right to discuss their terms and conditions of employment

Question 12

firing employees for union activity

Answer 12

NLRA prohibits discrimination because of labor activity

Question 13

duty of employer to bargain collectively

Answer 13

mandatory vs. permissive subjects of bargaining

Question 14

right to work

Answer 14

the NLRA allows states to enact right-to-work laws which restrict unions and employers from negotiating clauses that make union membership compulsory

Question 15

strike and picketing activity

Answer 15

rights of strikers: entitled to reinstatement when positions are not filled with permanent replacements
picketing: placing persons outside a business during a labor dispute is legal. Shutting down the entrance is illegal. Secondary picketing occurs with no dispute and is generally illegal

Question 16

regulation of internal union affairs

Answer 16

to ensure honest and democratic administration of unions Congress passed the Labor-Management Reporting and Disclosure Act

Question 17

ERISA

Answer 17

-administration: A “benefits claim committee” makes determinations about coverage issues. courts will not disturb findings unless the determinations are “arbitrary and capricious.”
-fiduciary standards and reporting: administrators must protect the interest of employees
-vesting: right of an employee to pension benefits paid into a pension plan in the employee’s name by the employer
-funding: a defined contribution plan provides for benefits based on contributions. a defined benefit plan is a commitment to make specific future payments
-enforcement: ERISA authorizes the secretary of labor and employees to bring court actions to compel observance of requirements

Question 18

unemployment compensation

Answer 18

eligibility: must be available for placements in a similar job at comparable pay. If an employee quits without cause or is fired for misconduct, generally not eligible
funding: employers are taxed based on “experience rating” less claims means lower taxes and more claims means higher taxes

Question 19

family and medical leaves of absence

Answer 19

12 week unpaid maternity, paternity, and adoption leaves are available based on eligibility

Question 20

leaves for military service under USERRA

Answer 20

protections: generally requires “prompt re-employment” to the same status for returning reservists
defenses: employers have a right to terminate a reemployed serviceperson for cause. may be excused from reemployment impossible or an undue hardship

Question 21

social security

Answer 21

employers and employees pay social security taxes to provide retirement benefits, disability benefits, life insurance benefits, and medicare

Question 22

employer duties

Answer 22

to provide a place of employment free from hazards likely to cause death or serious injury and maintain records of serious illnesses and injuries

Question 23

who regulates and enforces employee’s health and safety standards

Answer 23

OSHA

Question 24

state “right-to-know” legislation

Answer 24

require employers to inform their employees of any hazardous substances present in the workplace

Question 25

common law status of employer

Answer 25

duties: to furnish employees a reasonably safe place to work, tools, and sufficient help for the work involved
defenses: employer not liable to fellow employee’s negligence, ordinary work hazards or employee’s contributory negligence

Question 26

compensation for employees’ injuries

Answer 26

statutory changes
modification of employer’s common law defenses
workers’ compensation: usually provides immediate medical benefits, prompt periodic wage replacement and a limited death benefit

Question 27

source of privacy

Answer 27

privacy rights when working in the private sector not directly controlled by Bill or Rights. Limited rights by statue, case law and agreements

Question 28

monitoring employee telephone conversions

Answer 28

federal wiretapping act allows monitoring of phone calls in the ‘ordinary course of business’ or with employee consent. personal calls may not be monitored

Question 29

email monitoring

Answer 29

employers have a broad latitude to monitor employee e mail use

Question 30

employee privacy property searches

Answer 30

whether or not allowed depends on facts and circumstances

Question 31

employee privacy drug and alcohol testing

Answer 31

generally permissible is based on reasonable suspicion or for mass transit and safety-sensitive positions

Question 32

employer liability for employment-related immigration laws

Answer 32

criminal and civil penalties against employers who knowingly hire illegal aliens

Question 33

action

Answer 33

a proceeding to enforce any right

Question 34

employment-at-will doctrine

Answer 34

doctrine in which the employer has historically been allowed to terminate the employment contract at any time for any reason or for no reason

Question 35

shop right

Answer 35

the right of an employer to use in business without charge an invention discovered by an employee during working hours and with the employer’s material and equipment

Question 36

right-to-work laws

Answer 36

laws restricting unions and employees from negotiating clauses in their collective bargaining agreements that make union membership compulsory

Question 37

economic strikers

Answer 37

union strikers trying to enforce bargaining demands when an impasse has been reached in the negotiation process for a collective bargaining agreement

Question 38

primary picketing

Answer 38

legal presentation in front of a business notifying the public of a labor dispute

Question 39

mass picketing

Answer 39

an illegal tactic of employees massing together in great numbers to effectively shut down entrances of the employer’s facility

Question 40

secondary picketing

Answer 40

picketing an employer with whom a union has no dispute to persuade the employer to stop doing business with a party to the dispute; generally illegal under the NLRA