LES 305 Exam #3 UPDATED Questions
and CORRECT Answers
Employment at will - CORRECT ANSWER - A doctrine that allows employers to
terminate an employee without advance notice or just cause.
- Employees have expressed/implied contracts
- In express contracts, rights are laid out
- Implied contact may arise if the employee is given a manual that extends some protection to the
employee or it is reasonable to assume that they are entitled to benefits (oral promise made by
employer)
Collective bargaining agreements (CBA's) - CORRECT ANSWER - Negotiated by labor
unions and prescribes a process that must be used to terminate.
- Give rights to non-management entities also
Which states doesn't recognize common law exceptions? - CORRECT ANSWER -
Georgia, Florida, and Rhode Island.
Statutory exceptions - CORRECT ANSWER - - Antidiscrimination laws (race/gender)
- Jury duty
- Labor unions
Wages/hours - CORRECT ANSWER - - Far labor standards (FLSA) covers employees in
interstate commerce and is enforced by U.S department of labor
- Minimum wage, max 40 hr/week, overtime time, restricts children from working in certain
fields during certain times
- Portal-to-portal act states employees are not entitled to compensation for time spent traveling to
work and time spent on activities before/after principal work (integral/indispensable)
- Employees not entitled to overtime pay based on a eight hour work day
,Ricci vs. Destefano - CORRECT ANSWER - Firefighter test to get promoted but a
majority of those that got promoted were white so the test was thrown out but Ricci sued
claiming that they were discriminating against white.
- CORRECT ANSWER -
Morris vs. City of Colorado Springs - CORRECT ANSWER - Male heart surgeon threw a
piece of heart tissue at a women nurse and stated it created a hostile work environment, but it
was not severe/crude enough as it only happened once.
Exempted employees - CORRECT ANSWER - Those that make a minimum annual salary
of $47,476 ($913 per week); > $134,004 exempted.
Duties test - CORRECT ANSWER - - Education/skill required by a position, salary, or
compensation method
- Amount of physical work/repetitive tasks
- Amount of supervision required by employer
Who is not covered by the FLSA? - CORRECT ANSWER - - Specialized study
(physicians, attorneys, teachers)
- Management/supervisory employees
- Employees that are subject to certification/regulatory requirements
Child labor - CORRECT ANSWER - Children in family of agriculture or child actors are
not subject to FLSA restrictions.
- 14-15 limited hours during school day; nonhazardous
- 16-17 no limited hours; no dangerous jobs
Retirement benefits - CORRECT ANSWER - - Pension is when the employer provides
monthly sum of money after a number of years of service; based on time length and final salary
rate
, - Savings account (401k) saves a certain % of the base pay and is directly controlled by the
employee; grow without tax liability until withdrawal
Employee retirement income securities act (ERISA) - CORRECT ANSWER --
Laws/regulations that require employer to make certain disclosures about investment risks and
provide transparency
- Establishes rules for conflicts of interest and imposes standards for investing/managing
pension/savings
- Authorizes labor department to monitor and oversee the labor management services to
implement, administer, and enforce ERISA
Social security act of 1935 - CORRECT ANSWER - Provides benefits for workers that are
funded by employment taxes in a trust fund; employment taxes are mandated by the Federal
Insurance Contribution Act (FICA); entitled to retirement benefits based on the number of credits
earned throughout working life.
Healthcare - CORRECT ANSWER - -HIPAA (healthcare insurance portability and
accountability act; medical records disclosure) and CORBA (consolidated omnibus
reconciliation budget act)
- CORBA requires employers to provide continuous health coverage for terminated employees
up to 18 months and doesn't require employer to pay for health care premiums for former
employees
Federal Unemployment Tax Act (FUTA) - CORRECT ANSWER - Provides limited
payments to those temporarily/permanently terminated at no fault of their own.
- Employer pays for FUTA taxes
- Worker must be actively seeking new employment
Workplace injuries - CORRECT ANSWER - - Paid by the % of salary at the time of
occurence
- Paid regardless of fault, negligence, employer, or third party
- Employee barred from pursuing negligent lawsuit
and CORRECT Answers
Employment at will - CORRECT ANSWER - A doctrine that allows employers to
terminate an employee without advance notice or just cause.
- Employees have expressed/implied contracts
- In express contracts, rights are laid out
- Implied contact may arise if the employee is given a manual that extends some protection to the
employee or it is reasonable to assume that they are entitled to benefits (oral promise made by
employer)
Collective bargaining agreements (CBA's) - CORRECT ANSWER - Negotiated by labor
unions and prescribes a process that must be used to terminate.
- Give rights to non-management entities also
Which states doesn't recognize common law exceptions? - CORRECT ANSWER -
Georgia, Florida, and Rhode Island.
Statutory exceptions - CORRECT ANSWER - - Antidiscrimination laws (race/gender)
- Jury duty
- Labor unions
Wages/hours - CORRECT ANSWER - - Far labor standards (FLSA) covers employees in
interstate commerce and is enforced by U.S department of labor
- Minimum wage, max 40 hr/week, overtime time, restricts children from working in certain
fields during certain times
- Portal-to-portal act states employees are not entitled to compensation for time spent traveling to
work and time spent on activities before/after principal work (integral/indispensable)
- Employees not entitled to overtime pay based on a eight hour work day
,Ricci vs. Destefano - CORRECT ANSWER - Firefighter test to get promoted but a
majority of those that got promoted were white so the test was thrown out but Ricci sued
claiming that they were discriminating against white.
- CORRECT ANSWER -
Morris vs. City of Colorado Springs - CORRECT ANSWER - Male heart surgeon threw a
piece of heart tissue at a women nurse and stated it created a hostile work environment, but it
was not severe/crude enough as it only happened once.
Exempted employees - CORRECT ANSWER - Those that make a minimum annual salary
of $47,476 ($913 per week); > $134,004 exempted.
Duties test - CORRECT ANSWER - - Education/skill required by a position, salary, or
compensation method
- Amount of physical work/repetitive tasks
- Amount of supervision required by employer
Who is not covered by the FLSA? - CORRECT ANSWER - - Specialized study
(physicians, attorneys, teachers)
- Management/supervisory employees
- Employees that are subject to certification/regulatory requirements
Child labor - CORRECT ANSWER - Children in family of agriculture or child actors are
not subject to FLSA restrictions.
- 14-15 limited hours during school day; nonhazardous
- 16-17 no limited hours; no dangerous jobs
Retirement benefits - CORRECT ANSWER - - Pension is when the employer provides
monthly sum of money after a number of years of service; based on time length and final salary
rate
, - Savings account (401k) saves a certain % of the base pay and is directly controlled by the
employee; grow without tax liability until withdrawal
Employee retirement income securities act (ERISA) - CORRECT ANSWER --
Laws/regulations that require employer to make certain disclosures about investment risks and
provide transparency
- Establishes rules for conflicts of interest and imposes standards for investing/managing
pension/savings
- Authorizes labor department to monitor and oversee the labor management services to
implement, administer, and enforce ERISA
Social security act of 1935 - CORRECT ANSWER - Provides benefits for workers that are
funded by employment taxes in a trust fund; employment taxes are mandated by the Federal
Insurance Contribution Act (FICA); entitled to retirement benefits based on the number of credits
earned throughout working life.
Healthcare - CORRECT ANSWER - -HIPAA (healthcare insurance portability and
accountability act; medical records disclosure) and CORBA (consolidated omnibus
reconciliation budget act)
- CORBA requires employers to provide continuous health coverage for terminated employees
up to 18 months and doesn't require employer to pay for health care premiums for former
employees
Federal Unemployment Tax Act (FUTA) - CORRECT ANSWER - Provides limited
payments to those temporarily/permanently terminated at no fault of their own.
- Employer pays for FUTA taxes
- Worker must be actively seeking new employment
Workplace injuries - CORRECT ANSWER - - Paid by the % of salary at the time of
occurence
- Paid regardless of fault, negligence, employer, or third party
- Employee barred from pursuing negligent lawsuit
