MGMT 311 Honors Test 2 Test
Questions and Answers
Family and Medical Leave Act (FMLA) - Answer-Federal law requiring organizations
with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or
adoption; to care for a seriously ill family member or for an employee's own serious
illness; or to take care of urgent needs that arise when a spouse, child, or parent in the
National Guard or Reserve is called to active duty
Exceptions to FMLA - Answer-not required to get exact job back; must have worked
with the company for 1 year; must have worked 1250 hours in the preceding year
Occupational Safety and Health Act of 1970 (OSHA) - Answer-provides for specific
standards that an employer must meet in an attempt to ensure safe and healthful
working conditions for employees
3 Fed Agencies - Answer-Occupational Safety and Health Administration
a) sets forth standards, makes inspections, enforces
National Institute for Occupational Safety and Health
a) conducts research on safety and health problems
Occupational Safety and Health Review Commission
a) an independent agency that handles appeals from OSHA actions
State Workers' Compensation Laws (WC) - Answer-Requirements:
- must have an employment relationship
- workers injury must have been "accidental"
-worker's injury must have occurred on the job or in the course of employment
Employment at Will - Answer-when a person provides services for compensation
without the duration of the relationship specified
Application of the Employment at Will Doctrine - Answer-the employment relationship
may be terminated by either party at any time and for any reason, subject to certain
exceptions:
1) Implied contract: guarantees of continued employment (have a job if you do a good
job)
2) Implied Covenant of good faith: employment relationship creates an implied promise
to act in good faith (take advantage of the employee)
Employment at will relationship (duration is not listed); Employment contract (duration is
listed)
, public policy - Answer-the principles, often unwritten, on which social laws are based.
generally good for society as a whole
Found in common law and statutes
Whistleblowing (WB) - Answer-when an employee tells a government official, upper
management, or the press that their employer has engaged in some unsafe or illegal
activity
Whistleblower Act of 1989 - Answer-1) Protects federal workers who report or disclose
evidence of illegal or improper government action
2) Most states have public policies that protect WB
Texas Common Law Rule - Answer-an at-will employee is ONLY protected from firing if
he/she is forced to choose between their job and committing an illegal act the employer
directed them to perform
Texas Statutes for WB - Answer-1) TX public employee WB Act: employee is protected
if you work for gov. at any level and report illegal activity in good faith to proper
authorities
2) TX nursing home worker statute: subject to criminal charges if they fail to report
abuse of the elderly
Employee Privacy Rights - Answer-federal and state courts generally view little or no
privacy rights to employees, AKA they have none
Electronic Monitoring in the Workplace - Answer-1) Constitutional law (4th amendment)
2) Tort Laws: Intrusion
a) private life and private affairs
b) not 4th amendment
c) usually cases favor employer
d) do not have reasonable expectation of privacy if everything we have are owned by
employer
Statutes (federal):
3) The Electronic Communications Privacy Act of 1986 (prohibits intentional interception
of any wire or electronic communication information obtained by the interception)
Exceptions
a) consent
b) business-extension exception: employer may monitor employee electronic
communications in the ordinary course of business
Stored Communications Act (SCA) - Answer-prohibits intentional and unauthorized
access to stored electronic communications and sets forth criminal and civil sanctions
for violators
Agent - Answer-A person who agrees to represent or act on behalf of another
Questions and Answers
Family and Medical Leave Act (FMLA) - Answer-Federal law requiring organizations
with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or
adoption; to care for a seriously ill family member or for an employee's own serious
illness; or to take care of urgent needs that arise when a spouse, child, or parent in the
National Guard or Reserve is called to active duty
Exceptions to FMLA - Answer-not required to get exact job back; must have worked
with the company for 1 year; must have worked 1250 hours in the preceding year
Occupational Safety and Health Act of 1970 (OSHA) - Answer-provides for specific
standards that an employer must meet in an attempt to ensure safe and healthful
working conditions for employees
3 Fed Agencies - Answer-Occupational Safety and Health Administration
a) sets forth standards, makes inspections, enforces
National Institute for Occupational Safety and Health
a) conducts research on safety and health problems
Occupational Safety and Health Review Commission
a) an independent agency that handles appeals from OSHA actions
State Workers' Compensation Laws (WC) - Answer-Requirements:
- must have an employment relationship
- workers injury must have been "accidental"
-worker's injury must have occurred on the job or in the course of employment
Employment at Will - Answer-when a person provides services for compensation
without the duration of the relationship specified
Application of the Employment at Will Doctrine - Answer-the employment relationship
may be terminated by either party at any time and for any reason, subject to certain
exceptions:
1) Implied contract: guarantees of continued employment (have a job if you do a good
job)
2) Implied Covenant of good faith: employment relationship creates an implied promise
to act in good faith (take advantage of the employee)
Employment at will relationship (duration is not listed); Employment contract (duration is
listed)
, public policy - Answer-the principles, often unwritten, on which social laws are based.
generally good for society as a whole
Found in common law and statutes
Whistleblowing (WB) - Answer-when an employee tells a government official, upper
management, or the press that their employer has engaged in some unsafe or illegal
activity
Whistleblower Act of 1989 - Answer-1) Protects federal workers who report or disclose
evidence of illegal or improper government action
2) Most states have public policies that protect WB
Texas Common Law Rule - Answer-an at-will employee is ONLY protected from firing if
he/she is forced to choose between their job and committing an illegal act the employer
directed them to perform
Texas Statutes for WB - Answer-1) TX public employee WB Act: employee is protected
if you work for gov. at any level and report illegal activity in good faith to proper
authorities
2) TX nursing home worker statute: subject to criminal charges if they fail to report
abuse of the elderly
Employee Privacy Rights - Answer-federal and state courts generally view little or no
privacy rights to employees, AKA they have none
Electronic Monitoring in the Workplace - Answer-1) Constitutional law (4th amendment)
2) Tort Laws: Intrusion
a) private life and private affairs
b) not 4th amendment
c) usually cases favor employer
d) do not have reasonable expectation of privacy if everything we have are owned by
employer
Statutes (federal):
3) The Electronic Communications Privacy Act of 1986 (prohibits intentional interception
of any wire or electronic communication information obtained by the interception)
Exceptions
a) consent
b) business-extension exception: employer may monitor employee electronic
communications in the ordinary course of business
Stored Communications Act (SCA) - Answer-prohibits intentional and unauthorized
access to stored electronic communications and sets forth criminal and civil sanctions
for violators
Agent - Answer-A person who agrees to represent or act on behalf of another
