BUL 3320 FINAL EXAM LATEST
VERIFIED STUDY QUESTIONS AND
ANSWERS
Agency law - ANSWER-deals with hiring someone else to do your work
Qualified privilege - ANSWER-Employers are liable only for false statements
or for statements that are motivated by ill will
Term employment - ANSWER-type of employment in which the employee is
contracted to work for a specific period of time
Employee at will - ANSWER-type of employment in which the employee can
quit or be fired at any time
3 exceptions to at-will employment - ANSWER-Labor unions, public policy,
statutory exceptions
Family and Medical Leave Act - ANSWER-federal act that guarantees workers
up to 12 weeks of unpaid leave in 12 months to attend to family and medical
emergencies and other specified situation
How many employees does an employer need to have to follow the FMLA? -
ANSWER-50 or more (aka the amount at which interstate commerce is
affected)
What 4 situations does the FMLA accommodate for? - ANSWER-birth of a
child, placement of a child for adoption/foster care, serious health conditions,
care for a spouse/child/parent with a serious health condition
Name the 3 acts that protect whistleblowers - ANSWER-the False Claims Act,
Sarbanes-Oxley Act of 2002, Dodd-Frank Wall Street Reform and Consumer
Protection Act
Alcohol and drug use workplace freedoms - ANSWER-Private employers can
test for illegal drugs, but the EEOC prohibits testing for prescription drugs
unless a worker seems impaired
Stored Communications Act (SCA) - ANSWER-prohibits unauthorized access
to electronic communications by employers ~ BUT, employers have the right
to monitor employees' electronic communications in certain conditions
Employee Polygraph Protection Act - ANSWER-employers cannot require that
an employee or job candidate submit to a polygraph
,Exceptions to the Employee Polygraph Protection Act - ANSWER-(1) an
employee who is part of an ongoing investigation, (2) an applicant for a
government job, (3) an application for a job in public transport, security,
banking, or pharmaceuticals
Occupational Health and Safety Act (1970) - ANSWER-federal act that
promotes the safety of workers, established OSHA
OSHA requirements - ANSWER-(1) keep the workplace free of recognized
hazards that can cause serious physical harm, (2) keep records of all
workplace injuries and accidents, (3) post notices in the workplace that
inform employees of their rights
Nonexempt employees are often referred to as.. - ANSWER-Blue-collar
T/F - nonexempt employees must be paid federal minimum wage for all
hours worked - ANSWER-True
How does overtime pay work? - ANSWER-Nonexempt workers must be paid
1.5x their hourly rate when working in excess of 40 hours a week
Fair Labor Standards Act (FLSA) - ANSWER-federal act passed in 1938 to
protect workers - prohibits child labor and spells out minimum wage and
overtime pay requirements
Child labor standards forbidden by the FLSA - ANSWER-(1) the use of
oppressive child labor, (2) the shipping of goods produced by businesses that
use oppressive child labor
Steps of obtaining worker's compensation - ANSWER-(1) worker files a claim
with the agency, (2) agency determines the legitimacy of the claim, (3)
compensation benefits are paid accordingly
Worker's comp is an _____________ remedy - ANSWER-Exclusive
When can an employee sue their employer in court for injury damages? -
ANSWER-when the employer intentionally harms the employee
Worker's compensation insurance - ANSWER-Insurance that employers obtain
and purchase from private insurance companies or from government-
sponsored programs. Some states permit employers to self-insure.
Under the Patient Protection and Affordable Care Act, employers of ______ or
more must provide health insurance - ANSWER-50
, Consolidated Omnibus Budget Reconciliation Act (COBRA) - ANSWER-Federal
law that permits employers and beneficiaries to continue their group health
insurance after employment has ended
Federal Unemployment Tax Act - ANSWER-set up the unemployment
compensation program that is individually implemented by states
Employee Retirement Income Security Act (ERISA) - ANSWER-a federal act
designed to prevent fraud and other abuses associated with private pension
funds
Vesting (provided for under ERISA) - ANSWER-occurs when an employee has
a nonforfeitable right to receive pension benefits - must occur immediately
under ERISA
Norris-LaGuardia Act (1932) - ANSWER-outlawed yellow-dog contracts
(pledges by workers not to join a labor union) and further restricted the use
of court injunctions in labor disputes against strikes, picketing, and boycotts
National Labor Relations Act (NLRA) - ANSWER-legislation that broadly
protects worker's right to unionize
Conditions that the NLRA protects - ANSWER-(1) all employees who engage
in collective activity, (2) all employees work conditions, (3) employees who
are not supervisors
Labor Management Relations Act (1947) - ANSWER-Act that made certain
types of striking illegal and regulated other union activities
Labor Management Reporting and Disclosure Act (1959) - ANSWER-Act that
aimed to increase transparency and democracy within labor unions by
requiring disclosure of financial information and protecting union members'
rights
Railway Labor Act (1926) - ANSWER-Act that governs labor relations in the
railroad and airline industries
Steps in organizing a union - ANSWER-(1) campaigning
(2) signing authorization cards
(3) petitioning
(4) have an election
A valid union is the ___________ representative of its employees - ANSWER-
exclusive
VERIFIED STUDY QUESTIONS AND
ANSWERS
Agency law - ANSWER-deals with hiring someone else to do your work
Qualified privilege - ANSWER-Employers are liable only for false statements
or for statements that are motivated by ill will
Term employment - ANSWER-type of employment in which the employee is
contracted to work for a specific period of time
Employee at will - ANSWER-type of employment in which the employee can
quit or be fired at any time
3 exceptions to at-will employment - ANSWER-Labor unions, public policy,
statutory exceptions
Family and Medical Leave Act - ANSWER-federal act that guarantees workers
up to 12 weeks of unpaid leave in 12 months to attend to family and medical
emergencies and other specified situation
How many employees does an employer need to have to follow the FMLA? -
ANSWER-50 or more (aka the amount at which interstate commerce is
affected)
What 4 situations does the FMLA accommodate for? - ANSWER-birth of a
child, placement of a child for adoption/foster care, serious health conditions,
care for a spouse/child/parent with a serious health condition
Name the 3 acts that protect whistleblowers - ANSWER-the False Claims Act,
Sarbanes-Oxley Act of 2002, Dodd-Frank Wall Street Reform and Consumer
Protection Act
Alcohol and drug use workplace freedoms - ANSWER-Private employers can
test for illegal drugs, but the EEOC prohibits testing for prescription drugs
unless a worker seems impaired
Stored Communications Act (SCA) - ANSWER-prohibits unauthorized access
to electronic communications by employers ~ BUT, employers have the right
to monitor employees' electronic communications in certain conditions
Employee Polygraph Protection Act - ANSWER-employers cannot require that
an employee or job candidate submit to a polygraph
,Exceptions to the Employee Polygraph Protection Act - ANSWER-(1) an
employee who is part of an ongoing investigation, (2) an applicant for a
government job, (3) an application for a job in public transport, security,
banking, or pharmaceuticals
Occupational Health and Safety Act (1970) - ANSWER-federal act that
promotes the safety of workers, established OSHA
OSHA requirements - ANSWER-(1) keep the workplace free of recognized
hazards that can cause serious physical harm, (2) keep records of all
workplace injuries and accidents, (3) post notices in the workplace that
inform employees of their rights
Nonexempt employees are often referred to as.. - ANSWER-Blue-collar
T/F - nonexempt employees must be paid federal minimum wage for all
hours worked - ANSWER-True
How does overtime pay work? - ANSWER-Nonexempt workers must be paid
1.5x their hourly rate when working in excess of 40 hours a week
Fair Labor Standards Act (FLSA) - ANSWER-federal act passed in 1938 to
protect workers - prohibits child labor and spells out minimum wage and
overtime pay requirements
Child labor standards forbidden by the FLSA - ANSWER-(1) the use of
oppressive child labor, (2) the shipping of goods produced by businesses that
use oppressive child labor
Steps of obtaining worker's compensation - ANSWER-(1) worker files a claim
with the agency, (2) agency determines the legitimacy of the claim, (3)
compensation benefits are paid accordingly
Worker's comp is an _____________ remedy - ANSWER-Exclusive
When can an employee sue their employer in court for injury damages? -
ANSWER-when the employer intentionally harms the employee
Worker's compensation insurance - ANSWER-Insurance that employers obtain
and purchase from private insurance companies or from government-
sponsored programs. Some states permit employers to self-insure.
Under the Patient Protection and Affordable Care Act, employers of ______ or
more must provide health insurance - ANSWER-50
, Consolidated Omnibus Budget Reconciliation Act (COBRA) - ANSWER-Federal
law that permits employers and beneficiaries to continue their group health
insurance after employment has ended
Federal Unemployment Tax Act - ANSWER-set up the unemployment
compensation program that is individually implemented by states
Employee Retirement Income Security Act (ERISA) - ANSWER-a federal act
designed to prevent fraud and other abuses associated with private pension
funds
Vesting (provided for under ERISA) - ANSWER-occurs when an employee has
a nonforfeitable right to receive pension benefits - must occur immediately
under ERISA
Norris-LaGuardia Act (1932) - ANSWER-outlawed yellow-dog contracts
(pledges by workers not to join a labor union) and further restricted the use
of court injunctions in labor disputes against strikes, picketing, and boycotts
National Labor Relations Act (NLRA) - ANSWER-legislation that broadly
protects worker's right to unionize
Conditions that the NLRA protects - ANSWER-(1) all employees who engage
in collective activity, (2) all employees work conditions, (3) employees who
are not supervisors
Labor Management Relations Act (1947) - ANSWER-Act that made certain
types of striking illegal and regulated other union activities
Labor Management Reporting and Disclosure Act (1959) - ANSWER-Act that
aimed to increase transparency and democracy within labor unions by
requiring disclosure of financial information and protecting union members'
rights
Railway Labor Act (1926) - ANSWER-Act that governs labor relations in the
railroad and airline industries
Steps in organizing a union - ANSWER-(1) campaigning
(2) signing authorization cards
(3) petitioning
(4) have an election
A valid union is the ___________ representative of its employees - ANSWER-
exclusive
