Exam 4 - Chapter 13 (Employment and Worker Protection Laws)

Question 1

What is an at-will employee?

Answer 1

employees who do not have employment contracts

Question 2

What is a wrongful discharge?

Answer 2

the discharge of an employee in violation of a statute, an employment contract, public policy, or tortiously

Question 3

Can an employee recover damages from a wrongful discharge?

Answer 3

Yes, the employee can recover damages and other remedies

Question 4

Whats do state generally require employers to do for Workers Comp Insurance?

Answer 4

• Pay for workers’ compensation insurance, or

- Self-insure by making payments into a contingency fund

Question 5

Stress is considered a compensable work-related injury. T/F

Answer 5

True

Question 6

The recover under workers compensation, the worker’s injuries must have been employment-related. T/F

Answer 6

True

Question 7

Is Workers Comp an Exclusive Remedy? If so, what does it mean?

Answer 7

Yes, and it means that workers cannot sue their employers in court for damages

Question 8

What is the exception that allows workers to sue for damages under workers comp?

Answer 8

When an employer intentionally injures an employee

Question 9

Who is exempt from OSHA?

Answer 9

federal, state, and local governments

Question 10

What does OSHA require employers to do?

Answer 10

• imposes record keeping and reporting requirements on employers
• employers are required to post notices in the workplace informing employees of their rights under this act

Question 11

OSHA is empowered to inspect places of employment for health hazards and safety violations. T/F

Answer 11

True

Question 12

What happens if an OSHA violation is found during an inspection of an employer?

Answer 12

OSHA can issue a written citation, which requires the employer to abate or correct the situation

Question 13

What is a Specific Duty OSHA Standard?

Answer 13

• Addresses a problem of a specific nature

ex: requirement for a safety guard on a particular type of equipment

Question 14

What is a General Duty OSHA Standard?

Answer 14

Duty that an employer has to provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”

Question 15

What is the Fair Labor Standards Act (FLSA)

Answer 15

• Federal Act in 1938 to protect workers
• Prohibits child labor
• Establishes a minimum wage
• Establishes overtime pay requirements

Question 16

Who does the Family and Medical Leave Act apply to?

Answer 16

Employers with 50 or more workers, federal, state, and local government workers

Question 17

What must an employee do to become eligible under the Family and Medical Leave Act?

Answer 17

• Employee must have worked for employer for at least one year
• Employee must have performed 1250 hours of work in previous twelve-month period

Question 18

What does the Family and Medical Leave Act do?

Answer 18

Provides up to 12 weeks of unpaid leave for:

• birth of a child
• place of child for adoption or foster care
• • serious health condition
• care for spouse, child, or parent with serious health condition

Question 19

Must an employee use all his or her available sick and vacation time before using Family and Medical Leave Act time?

Answer 19

Yes

Question 20

What are the stipulations when an employee comes back from leave after using the Family and Medical Leave Act?

Answer 20

• Employee must be restored to either same or equivalent position
• Must be given equivalent pay and benefits
• No accrual of seniority

Question 21

What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

Answer 21

Permits employees and their beneficiaries to continue their group health insurance after an employee’s employment has ended

Question 22

What is the Employee Retirement Income Security Act (ERISA)?

Answer 22

If employer offers a pension plan ERISA applies:

• Establishes record keeping and disclosure requirements
• Sets requirements for vesting
• Establishes percentage of assets that can be invested in employer’s securities
• Prevents fraud and other abuses associated with private pension plans

Question 23

What is the Immigration Reform and Control Act (IRCA)?

Answer 23

Makes it unlawful for employers to hire illegal immigrants. Employers are required to complete INS Form I-9 attesting legal US citizenship or legal alien status of each employee

Question 24

What is the Omnibus Crime Control and Safe Streets Act of 1968?

Answer 24

• Allows employers to ban personal calls and monitor calls for compliance
• Prohibits employers from listening to private phone conversations
• Employers are subject to finds if they continue to listen to private calls

Question 25

What is the Electronic Communications Privacy Act (ECPA) of 1986?

Answer 25

• Amendment to Omnibus Crime Control and Safe Streets Act
• Extended employee privacy rights to electronic forms of communication, i.e. email and cell phones
• Allows employers to monitor but not to continue upon discovery of personal nature

Question 26

What are the 4 contexts of workplace testing?

Answer 26

1) Pre-employment Drug Testing
2) Periodic Physical Testing
3) Reasonable Suspicion
4) Random Testing