rhm 421 exam 3

Question 1

workers comp

Answer 1

provides payments to workers who are injured rather than worker having to sue under tort law

Question 2

for a situation to be compensable under workers comp it must have occured

Answer 2

within the course and scope of the job

Question 3

workers comp is governed by

Answer 3

state law

Question 4

the national labor relations act regulates and protects

Answer 4

the right for workers to organize and bargain collectively (or not to)

Question 5

The alabama “right to work” statute provides that

Answer 5

a person does not have to be a member of a union to work at a place even if its unionized

Question 6

which of the following is not an unfair labor practice by an employer under the NLRA

Answer 6

posting flyers explaining why union membership is not needed

Question 7

collective bargaining is

Answer 7

when union representatives meet with employer representatives to work out details wages and benefits

Question 8

the unemployment comp insurance prorgam/payment/unemployment

Answer 8

payments made by authorized bodies to unemployed people, who are unemployed for qualified reasons

Question 9

how unemployment comp works

Answer 9

imposes costs, by taxation, to employers to maintain a pool of funds to pay employees who have temporarily lost their jobs for a qualified reason

Question 10

worker’s comp.

Answer 10

provides payments to workers and/or families in the event of an on-the-job injury to the employee or death of employee
- state law controlled

Question 11

workers comp eligibility

Answer 11

must have occurred within the course and scope of the job
(the sum total of all common, jobb related employee activities dictated by or allowed by the employer)

Question 12

employee qualifications

Answer 12

1. length of tenure at the job & number of hours
2. lay-off due to no work available/exigent circumstances
3. termination due to no fault of the employee

Question 13

NLRA national labor relations act

Answer 13

• to protect the rights of workers to organize and to bargain collectively with their employers, or to refrain from such activity

Question 14

NLRB (national labor relations board)

Answer 14

• to conduct secret ballot elections that will permit employees to decide if they want union
• to prevent and remedy unfair labor practices

Question 15

collective bargaining agreement

Answer 15

a formal contract between an employer and a group of employees that establishes the rights and responsibilities of both parties in their employment relationship

Question 16

unfair labor practices - employers

Answer 16

• discourage or threaten unionization
• threaten to shut down if union
• interfering with employees right to union
• promises (ex. wage ++) to discourage union
• discrimination against union memers
• terminating members who participate in a LEGAL strike

Question 17

unfair labor practices - union

Answer 17

• forcing/coercing to join union
• interfering with employers union negotiator/design
• discriminating against non-union employees
• feather bedding (hiring more workers than necessary)
• conducting illegal strike ie. WILDCAT strike

Question 18

franchise

Answer 18

a contract between a parent company (franchisor) and an operating company (franchisee) to allow the franchisee to run a business with the brand name of the parent company, so long as the terms of the contract are followed

-regulated by the FTC

Question 19

Basic disclosures:

Answer 19

franchisors are required to give potential investors a basic disclosure document at the earlier of the first face-to-face meeting or 10 business days before any money is paid or an agreement is signed in connection

Question 20

earnings claims

Answer 20

if a franchisor makes earnings claims there MUST be evidence for the basis of those claims given to potential investors

Question 21

contradictory claims

Answer 21

while franchisors are permitted to supply investors with promo/materials they wish, no written or oral claims may contradict information provided in the required disclosure document

Question 22

franchise rule by lecture government

Question 23

property

Answer 23

intellectual: personal property that has been created thru the intellectual efforts of its original owner - intangible

real estate: is tangible physical property

Question 24

trademarks

Answer 24

word, name, symbol or combo of these that indicates the source or producer of an item

• assists the public in identifying trustworthy brands and avoid misconceptions

Question 25

copy rights

Answer 25

legal and exclusive right to copy or reproduce intellectual property and to benefit from the use of intellectual property

Question 26

patents

Answer 26

a grant issued by a governmental entity ensuring an inventor the right to exclusive production and sale of an invention for a fixed period of time (17 yrs in US)

Question 27

licensing

Answer 27

when somebody uses someone else’s intellectual property

Question 28

infringement

Answer 28

to use copyrighted material without a proper license

Question 29

royalty

Answer 29

paying somebody for the use of their intellectual property (ASCAP, BMI, SESAC)