WGU Employment Law - C233 Study Guide Questions
with Verified Answers
Analyze potential limitations to employee privacy. Ans✓✓✓ Employer cannot
search an employee's private property (purse, car) unless there is a valid reason
to do so. Since an employee's desk, company computer, work phone, even a
locker exists and belongs to the company, these items should not be expected to
be private. Email in the work computer is not considered private. Video camera
surveillance is lawful (except in bathrooms, changing areas). Voices cannot be
recorded without employee and customer knowledge and permission. If theft,
drugs, violence, etc has occurred and an investigation is under way, business
necessity may shift the limitations of privacy.
Compare unfair labor practices for management and labor. Ans✓✓✓
Management cannot: refuse to bargain with labor; coerce, interfere or intrude on
employees' rights to become involved with unions;
For unions, they must bargain in good faith. During strike activity, unions are
prohibited from preventing persons who wish to work from entering the business,
may not damage employer property, and may not picket other businesses that
provide goods and services to the employer. Such a picket is called a secondary
picket.
Define employment-at-will. Ans✓✓✓ Employer may terminate an employee at
any time, for any legal reason. Employee may leave employment at any time, with
or without notice. Three exceptions: implied contract; good faith and fair dealing;
public purpose.
Define the Fair Labor Standards Act (FLSA) and its main parts. Ans✓✓✓ FLSA
established minimum wage, overtime pay, record keeping, and youth
employment standards affecting full-time and part-time workers in the private
sector and in Federal, State, and local governments.
,For added detail:
1. Set overtime pay at 1.5 times the usual hourly wage for non-exempt employees
for hours worked over 40 in a week
2. Defined exempt and non-exempt standards; general exemption is established
by high degree of responsibility, supervises at least 1 person and uses
judgment/decision-making in role
3. Child labor laws may restrict hours and times of day for work, varying by age
and during/outside of school year
Define the steps in the union organization process. Ans✓✓✓ 1. Union contacts
employees or employees contact union.
2. Initial organizational meeting with union to gather employee support.
3. 30% of authorization (employee) signatures are required to move forward with
unionization process.
4. Once 30% of signatures are gathered, a secret ballot election is administered by
the NLRA.
5. If the vote is "yes" (51% majority), the NLRB certifies the union as the legal
bargaining representative of the employees.
Define the types of employment contracts. Ans✓✓✓ An explicit contract is an
agreement in which the parties state exactly what they agree to do.
An implied contract, on the other hand, is a legally binding agreement which is
created, not through formal contract negotiation and documentation, but by the
actions of the employer and the employee.
An union contract is the agreement bargained between the union and
management through collective bargaining.
, Describe employee and independent contractor status. Ans✓✓✓ An employee
works for another person or company for a wage or salary. In exchange, he/she is
under both the protection of and is responsible to that employer to act in the best
interest of the company.
An independent contractor, on the other hand, maintains much of the control in
his situation [control over hours scheduled, the process of the work; financially
responsible for his own benefits, workers comp and unemployment; may work for
multiple companies at one time; brings his own tools to the job]. There is a
written contract that binds the contractor to the employer for a specific time and
to complete a particular outcome, usually for a "bulk dollar amount". The IRS has
a 20 point test for independent contractor status. Employers cannot treat
employees like contractors, nor the opposite. The common law agency test and
economics realities tests may also guide status.
Describe employment-law-governing discharge practices that protect the
employee. Ans✓✓✓ 1. Tort claims for wrongful termination
2. Constructive discharge: Employee files a claim stating that the situation in the
workplace was so egregious that he/she was forced to quit.
3. See exceptions to employment at will.
4. If the employer has designed a step by step progressive discipline policy, the
employee can reasonably expect the employer to follow it. Steps usually include
coaching; verbal warning, written warning, final written warning, suspension,
termination. [Recognize as an HR Professional, we are wise to comment in the
policy that the employer reserves the right to choose the step in discipline that
fits the breach.]
5. Retaliation against an employee who has filed a discrimination claim, workers
compensation, ADA or other legal claim is not permitted by US Law.
6. Employers cannot choose to discharge a person for being in a protected class
nor for being in a union.
with Verified Answers
Analyze potential limitations to employee privacy. Ans✓✓✓ Employer cannot
search an employee's private property (purse, car) unless there is a valid reason
to do so. Since an employee's desk, company computer, work phone, even a
locker exists and belongs to the company, these items should not be expected to
be private. Email in the work computer is not considered private. Video camera
surveillance is lawful (except in bathrooms, changing areas). Voices cannot be
recorded without employee and customer knowledge and permission. If theft,
drugs, violence, etc has occurred and an investigation is under way, business
necessity may shift the limitations of privacy.
Compare unfair labor practices for management and labor. Ans✓✓✓
Management cannot: refuse to bargain with labor; coerce, interfere or intrude on
employees' rights to become involved with unions;
For unions, they must bargain in good faith. During strike activity, unions are
prohibited from preventing persons who wish to work from entering the business,
may not damage employer property, and may not picket other businesses that
provide goods and services to the employer. Such a picket is called a secondary
picket.
Define employment-at-will. Ans✓✓✓ Employer may terminate an employee at
any time, for any legal reason. Employee may leave employment at any time, with
or without notice. Three exceptions: implied contract; good faith and fair dealing;
public purpose.
Define the Fair Labor Standards Act (FLSA) and its main parts. Ans✓✓✓ FLSA
established minimum wage, overtime pay, record keeping, and youth
employment standards affecting full-time and part-time workers in the private
sector and in Federal, State, and local governments.
,For added detail:
1. Set overtime pay at 1.5 times the usual hourly wage for non-exempt employees
for hours worked over 40 in a week
2. Defined exempt and non-exempt standards; general exemption is established
by high degree of responsibility, supervises at least 1 person and uses
judgment/decision-making in role
3. Child labor laws may restrict hours and times of day for work, varying by age
and during/outside of school year
Define the steps in the union organization process. Ans✓✓✓ 1. Union contacts
employees or employees contact union.
2. Initial organizational meeting with union to gather employee support.
3. 30% of authorization (employee) signatures are required to move forward with
unionization process.
4. Once 30% of signatures are gathered, a secret ballot election is administered by
the NLRA.
5. If the vote is "yes" (51% majority), the NLRB certifies the union as the legal
bargaining representative of the employees.
Define the types of employment contracts. Ans✓✓✓ An explicit contract is an
agreement in which the parties state exactly what they agree to do.
An implied contract, on the other hand, is a legally binding agreement which is
created, not through formal contract negotiation and documentation, but by the
actions of the employer and the employee.
An union contract is the agreement bargained between the union and
management through collective bargaining.
, Describe employee and independent contractor status. Ans✓✓✓ An employee
works for another person or company for a wage or salary. In exchange, he/she is
under both the protection of and is responsible to that employer to act in the best
interest of the company.
An independent contractor, on the other hand, maintains much of the control in
his situation [control over hours scheduled, the process of the work; financially
responsible for his own benefits, workers comp and unemployment; may work for
multiple companies at one time; brings his own tools to the job]. There is a
written contract that binds the contractor to the employer for a specific time and
to complete a particular outcome, usually for a "bulk dollar amount". The IRS has
a 20 point test for independent contractor status. Employers cannot treat
employees like contractors, nor the opposite. The common law agency test and
economics realities tests may also guide status.
Describe employment-law-governing discharge practices that protect the
employee. Ans✓✓✓ 1. Tort claims for wrongful termination
2. Constructive discharge: Employee files a claim stating that the situation in the
workplace was so egregious that he/she was forced to quit.
3. See exceptions to employment at will.
4. If the employer has designed a step by step progressive discipline policy, the
employee can reasonably expect the employer to follow it. Steps usually include
coaching; verbal warning, written warning, final written warning, suspension,
termination. [Recognize as an HR Professional, we are wise to comment in the
policy that the employer reserves the right to choose the step in discipline that
fits the breach.]
5. Retaliation against an employee who has filed a discrimination claim, workers
compensation, ADA or other legal claim is not permitted by US Law.
6. Employers cannot choose to discharge a person for being in a protected class
nor for being in a union.
