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Exam 42: Employment and Labor Law

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Question 21

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Which statement is true regarding protection provided by labor law to the picketing by the employees?

A) None of the picketing involved was protected by federal labor law.
B) Both picketing designed to inform the public and picketing designed to prevent services and deliveries to the employer are protected by federal labor law.
C) It is unclear whether the picketing was protected by federal law because protection depends on whether Amir himself had violated labor laws.
D) It is unclear whether the picketing was protected by federal law because protection depends on whether Amir employs over 50 employees.
E) Picketing designed to inform the public was protected by federal labor law,but picketing that prevented the delivery of service and deliveries was not protected.

F) All of the above
G) D) and E)

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Question 22

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Why is the federal minimum wage periodically raised by Congress?

A) To meet the demands of union representatives.
B) To meet the minimum requirements of state law.
C) To compensate employees-at-will.
D) To increase the ability for workers to compete in the marketplace.
E) To compensate for increases in the cost of living caused by inflation.

F) D) and E)
G) C) and D)

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Question 23

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Penalties for violating OSHA range from $0 to $70,000 per violation,depending on the likelihood that ________.

Which of the following is true regarding Miguel's claim that the other employee should be removed so that he can have his position back?

After an employee has worked for an employer for at least one year,which of the following is required by federal law regarding vacation?

Workers' compensation laws are primarily federal laws.

Which of the following is the correct term for the type of picketing the employees engaged in when they carried picket signs informing the public that Amir refused a raise?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation.According to paragraph 16 of B&B's employee handbook's progressive discipline policy,an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning.Monique was having difficulty learning the software program required for her job.On July 1,she met with her supervisor,who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook.Monique stayed up late each night trying to learn the new program.She was away from her job for one week for jury duty.On her return to work from jury duty on July 20,Monique was terminated for poor performance.Monique called B&B's Human Resources Department,but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Are there any exceptions that allow an employee-at-will to sue for wrongful discharge?

In regard to holidays,which of the following is required by federal law?

[Employee Picketing] Amir owns a unionized business called "Amir's Furniture" that manufactures furniture.Employees are unhappy because they believe that during negotiations for a collective bargaining agreement,Amir is improperly refusing to give them a raise.The employees stop working for Amir's business and begin picketing.At first the employees carry signs with slogans such as "Labor Dispute - Amir Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Amir is cheap.When that,however,fails to change Amir's mind,the employees begin staging pickets to prevent deliveries to Amir and to prevent access to employees who want to work.They carry signs saying "No Access to Amir - Shut Him Down." -Which of the following is the appropriate term for the work stoppage engaged in by the employees?

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

Which of the following is also known as the Labor-Management Relations Act?

Is Bryson likely entitled to receive workers' compensation for his injury in the shower?

In order to obtain leave under the Family and Medical Leave Act,an employee whose need for a leave is foreseeable must advise the employer of that need at least ________ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

Under the Consolidated Omnibus Budget Reconciliation Act,how many days does an employee has after coverage for health benefits would ordinarily terminate to decide whether to maintain the coverage?

Before workers' compensation laws,what was an injured employee's only avenue of recovery against an employer? Discuss whether you believe that ethically workers' compensation should be retained or repealed.

Employers must verify the identity of all individuals hired.

The Family and Medical Leave Act guarantees all eligible employees up to ________ weeks of leave during any ________-month period.

Which of the following enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical,dental or optical benefits to pay to continue receiving benefits for themselves and their dependents under the employer's policy?

Assuming that the union is certified as the bargaining representative of the employees,which of the following is true regarding Nadine's statement that she would not deal with the union under any circumstances?