Chapter 42: Employment and Labor Law

Question 1

wrongful discharge

Answer 1

1. employment for a term - an employee may be discharged for cause only
2. employment at will - an employee may be discharged w/o cause for any reason with few exceptions

Question 2

OSHA Act of 1970

Answer 2

employer must keep workplace free of recognized hazards; requires record keeping by employers with more than 16 employees

Question 3

workers compensation laws

Answer 3

a worker injured on the job is entitled to compensation from covered employers

Question 4

Social Security (1935)

Answer 4

provides for death, disability, and retirement benefits for covered workers and their dependents; mandatory withholding totals 15.3%

Question 5

medicare (1965)

Answer 5

provides medical insurance for those over 65 or totally disabled

Question 6

ERISA (1974)

Answer 6

regulates private, qualified pension plans; regulates group health plans

Question 7

Unemployment laws

Answer 7

provides benefits to employees who are terminated without cause from employment; not applicable to employees who were fired with cause or quit

Question 8

Cobra (1985)

Answer 8

allows employees to keep coverage under group health plans after leaving employment

Question 9

FMLA (1993)

Answer 9

allows leave without pay for up to 12 weeks per year for family emergencies (serious illnesses), along with reinstatement

• applies to public or private employers with >50 employees
• excludes top 10% of wage earners

Question 10

Child labor (under 18)

Answer 10

• under 14: available employment newspaper, agriculture, entertainment, and for parents
• ages 14-15: limited types (non-hazardous) and hours of work allowed with a work permit
• ages 16-17: still no hazardous jobs allowed

Question 11

1932 Norris LaGuardia Act

Answer 11

.allows peaceful strikes and boycotts and picketing; courts could not issue junctions

Question 12

NLRA (Wagner Act; 1935)

Answer 12

Gives employees the rights to…

1. form, join, and assist unions
2. obtain legal relief from unfair labor practices of management
3. to select unions by regulated elections

Question 13

1947 labor management relations act

Answer 13

1. restored more neutral federal stance on labor

2. forbade unfair labor practices of unions

Question 14

5 unfair management practices

Answer 14

1. discrimination against union members or organizers
2. interfering with attempts to unionize
3. interfering with union elections
4. yellow dog contracts –> forcing employees to agree not to join a union
5. refusing to bargain in good faith with a NLRB certified union

Question 15

6 unfair union practices

Answer 15

1. closed shops
2. unauthorized or violent strikes
3. interfering with union elections
4. failure to adequately represent union members
5. featherbedding: forcing employer to pay for non-working employees
6. failure to bargain in good faith