question
Most expectations to At-Will come under what
answer
public policy
question
In general employees may not be fired at will for what?
answer
-Refusing to commit an illegal act
-performing a public duty : jury duty
-Exercising a public right
-File for workman's compensation
-employees who alert authorities about illegal acts
-Whistle-blowers
-performing a public duty : jury duty
-Exercising a public right
-File for workman's compensation
-employees who alert authorities about illegal acts
-Whistle-blowers
question
Certain employment-related contracts may be what?
answer
Invalid and restrict the terms of employment at will
question
What is looked at closely by the court?
answer
Exculpatory Agreements
question
What is not favored by the courts?
answer
Waiving tort rights
question
What is non-compete agreement
answer
Contracts signed by employees that if they leave they will not go into competition
-With their current employer for a certain period of time
-With their current employer for a certain period of time
question
Anti-Raiding Covenants
answer
Some employees sign agreements that if they leave the current employer, they will not try to hire away fellow employees for another company
question
Drug-Free Workplace Act
answer
All companies with more than $25,000 of federal government business are to provide a drug free workplace
question
For drug free workplace employers must?
answer
•Inform Employees That Using Or Having Drugs In The Workplace Is Prohibited
•Tell Employees What Actions Will Be Taken If They Violate This Policy
•Establish A Drug-Free Awareness Program And Make It Work
•Tell Employees As A Condition Of Employment The Employer Must Be Told Of Any Drug-Related Convictions
•Tell Employees What Actions Will Be Taken If They Violate This Policy
•Establish A Drug-Free Awareness Program And Make It Work
•Tell Employees As A Condition Of Employment The Employer Must Be Told Of Any Drug-Related Convictions
question
Employee Substance Abuse Policy
answer
-polices should specify what substances are prohibited at the workplace
-Which employees are subject to the policy
-What type of testing will occur and under what conditions
-penalty will be for violating the policy
-Policy should be clearly communicated to workers in handbook or other materials
-Supervisors should be trained to look for signs of substance abuse
-Which employees are subject to the policy
-What type of testing will occur and under what conditions
-penalty will be for violating the policy
-Policy should be clearly communicated to workers in handbook or other materials
-Supervisors should be trained to look for signs of substance abuse
question
What is Occupational Safety and Health Act (OSHA)?
answer
Provides standards to provide a workplace that is free of recognized hazards
question
OSHA must inspect with what?
answer
An Administrative warrant
question
During Inspection OSHA will look for what?
answer
-Health and Safety Records
-Interviews with employees
-Physically walk around the facility
-Company representatives may accompany the OSHA inspector
-Interviews with employees
-Physically walk around the facility
-Company representatives may accompany the OSHA inspector
question
Companies may challenge what?
answer
citations they receive
question
Hazard Communication Standard applies to who?
answer
All workers exposed to Hazardous Chemicals in the normal course of work
question
Chemical Producers Must Identify And Consider what?
answer
The Possible Hazards Of All Chemicals They Produce
question
Employers Must Have A Written Program That Includes what?
answer
•List Of Hazardous Chemicals In The Workplace
•Labels With Warnings And Name Of Producer
•Safety Data Sheets As To How Chemicals Should Be Handled And Emergency Procedures
•Description Of Employee Training For Emergency Or Non-Routine Tasks
•Labels With Warnings And Name Of Producer
•Safety Data Sheets As To How Chemicals Should Be Handled And Emergency Procedures
•Description Of Employee Training For Emergency Or Non-Routine Tasks
question
Employers Must Label Hazardous Chemicals how?
answer
With Appropriate Warnings
question
States passed workers compensation laws that require what?
answer
employers to pay premiums to a fund to compensate employees injured on the job
question
Employers are released from possible what?
answer
Tort liability as a result of paying these premiums
question
Objectives of workers compensation include what?
answer
-Providing reliable prompt income and benefits
-Reducing court costs
-Time delays from litigation
-Reducing fees paid to lawyers and expert witnesses
-Encouraging safety and rehabilitation
-Reducing court costs
-Time delays from litigation
-Reducing fees paid to lawyers and expert witnesses
-Encouraging safety and rehabilitation
question
Employees may make a workers compensation claim if what?
answer
-They receive a personal injury
-That resulted from an accident
-That arouse out of in the course of employment
-Mental injuries as well as physical injuries are compensable
-That resulted from an accident
-That arouse out of in the course of employment
-Mental injuries as well as physical injuries are compensable
question
Who is eligible for workers compensation
answer
Workers who are killed, totally disabled or permanently disabled and incur medical expenses
question
Premiums are tied to what?
answer
Safety and prior claims
question
What is family and medical leave act?
answer
Applies to all employers with 50 or more employees and to all government units
question
The family and medical leave act requires employers to offer what?
answer
Workers up to 12 weeks of unpaid leave to care for a
-Newborn
-Seriously ill child
-Spouse
-Parent
-Employee' own serious illness
-Newborn
-Seriously ill child
-Spouse
-Parent
-Employee' own serious illness
question
While workers are on leave, what remains in effect
answer
Health-Care benefits
question
Federal law requires persons applying for a job to able to do what?
answer
Certify their ability to work legally in the country
question
What is required when hiring legally
answer
Proof of legal work status
question
Workers must provide what?
answer
-Passport
-Proof of citizenship
-Naturalization
-Employment Authorization
-Social Security Card
-Proof of citizenship
-Naturalization
-Employment Authorization
-Social Security Card
question
Employers Must Keep Proof On File But Need Not what?
answer
Verify That The Documents Are Genuine
question
The Fair standards labor act (FSLA)
answer
Federal government has required employers pay employees certain minimum hourly wage
question
Employers are also required to pay what?
answer
-Social Security tax
*7.65% of Gross Income (Capped)
Workers compensation insurance
-Unemployment Taxes
*7.65% of Gross Income (Capped)
Workers compensation insurance
-Unemployment Taxes
question
minimum wage laws is fair because:
answer
It requires employers to pay workers a "fair" wage
question
Occupational Licensure and Regulation
answer
States control the entry into many occupations through means of regulations and licensing
-These regulations are justified by saying that the restrictions impose raise the quality of the service provided
-These regulations are justified by saying that the restrictions impose raise the quality of the service provided
question
Most regulated occupations are controlled by states:
answer
•Doctors
•Lawyers
•Dentists
•Veterinarians
•Certified Public Accountants
•Lawyers
•Dentists
•Veterinarians
•Certified Public Accountants
question
What does WARN stand for?
answer
Worker Adjustment and Retraining Notification Act
question
Worker Adjustment and Retraining Notification Act (WARN)
answer
Employers with 100 or more full time employees to give employees advance notice of plant closings or large layoffs
question
Notice should be made when?
answer
At lease 60 days in advance
question
Notice must be sent to who?
answer
State and Locals Officials
question
Under WARN Employees Who Do Not Receive Proper Notice May do what?
answer
Sue For Up To 60 Days Back Pay And Some Benefits
question
Employment Retirement Income Security Act (ERISA)
answer
Main goal is to guarantee that the money place in private retirement plans may be available at retirement
question
ERISA Covers most :
answer
-Employment Benefit plans
-Medical and Hospital Benefits
-Accidental or Disability Benefits
-Unemployment Benefits
-Scholar Funds
-Deferred Income Programs
-Medical and Hospital Benefits
-Accidental or Disability Benefits
-Unemployment Benefits
-Scholar Funds
-Deferred Income Programs
question
Vesting requirements
answer
-participants in retirement plans must by law receive some benefits under a reasonable length of employment
-These Plans Must Be Adequately Funded And Must Be Insured Against Possible Failure
-Mandatory Vesting Is Required By The Act
-These Plans Must Be Adequately Funded And Must Be Insured Against Possible Failure
-Mandatory Vesting Is Required By The Act
question
Norris - La Guardia Act was passed when
answer
1932
question
Norris - La Guardia Act does what?
answer
Goal was to provide workers with freedom of association and organization of the union representation
question
injunction Prohibited:
answer
Act forbids courts from issuing injunction in non violent labor dispute
question
Strikes And Participation In A Union May Not Be Subject to what?
answer
An Injunction
question
The Norris - La Guardia Act gave unions what?
answer
Greater Freedom To Use Economic Force In Negotiations With Employers
question
Yellow dog contract
answer
Employees are coerced to not join a union
question
The Wagner Act (1935) is known as what?
answer
The National Labor Relations Act
question
The goal of the Wagner Act is what?
answer
To provide employees with the right to organize, form and join unions and the collective bargaining
question
The Wagner Act created what?
answer
The national labor relations board
question
The national relations board monitors what?
answer
unfair labor practices such as
•Employer Interference With Those Rights Guaranteed Under The Act
•Employer-Formed Unions
•Discrimination By Employers Based On Union Membership Or Activity
•Employer Interference With Those Rights Guaranteed Under The Act
•Employer-Formed Unions
•Discrimination By Employers Based On Union Membership Or Activity
question
The Taft-Hartley Act of 1947 is known as what?
answer
The Labor-Management Relations Act
question
The Taft-Hartley Act specifies what?
answer
certain union activity that may be characterized as unfair labor practices
question
The Taft-Hartley Act Specifies Certain Union Activity That May Be Characterized As Unfair Labor Practices such as
answer
•Coercion Of Employees
•Refusing To Bargain In Good Faith
•Secondary Boycotts
•Charging Excessive Union Dues
•Featherbedding
-Charging Employers For Work Not Done
•Refusing To Bargain In Good Faith
•Secondary Boycotts
•Charging Excessive Union Dues
•Featherbedding
-Charging Employers For Work Not Done
question
What is the Landrum-Griffin Act of 1959 know as?
answer
Known as the labor management reporting and disclosure Act (LMRDA)
question
the Landrum-Griffin Act provides what?
answer
More detailed regulations of the internal affairs of unions
question
the Landrum-Griffin Act helped with what?
answer
Help to protect union members from improper actions by union leaders
question
What is the union member bill of rights?
answer
-Democratic Election of Officers
-Participation in union Business
-Participation in union Business
question
monitoring leadership
answer
-Members Detailing How Union Dues Are Spent
-Betrayals Of Trust By Union Officials May Lead To Federal Penalties
-Penalties To Discourage Employer Wrongdoing Such As Bribes To Union Officials
-Betrayals Of Trust By Union Officials May Lead To Federal Penalties
-Penalties To Discourage Employer Wrongdoing Such As Bribes To Union Officials
question
Most unfair labor practices charges are against who?
answer
Employers
question
Complaints are heard by who?
answer
An administrative Law Judge
question
Judges Issues what for Unfair Labor practice complaints?
answer
A decision and order
question
The order sets out what?
answer
The appropriate remedy or recommends the case be dismissed
question
An Unsatisfied Party May File what?
answer
An Exception To The Decision Which Will Be Heard By Three Member Panel Of NLRB
question
under the NLRB the remedies include what?
answer
•Including Reinstatement Of Dismissed Workers
•Back Wage Payments
•Order For Employer To Bargain With The Union
•Back Wage Payments
•Order For Employer To Bargain With The Union
question
For Representative Elections, union collects what?
answer
Authorization cards requesting an election board from 30% or more of employees
question
Union give the card to who?
answer
The NLRB which determines if an election will take place
question
For Union certification NLRB agents supervise what?
answer
Elections and the board certifies the results
question
What are agency shops?
answer
Worksites Were A Majority Of Workers Have Voted To Be Represented By A Union
question
Non-Union Workers In Agency Shops Pay what?
answer
Agency Fees Which Cover The Costs Of Union-Provided Services
question
Agency fees are not suppose to be used how?
answer
To Support Certain Political Activities Unrelated To The Union's Duties As A Bargaining Agent
question
What are the four requirements for agency fees?
answer
- An Adequate Explanation Of The Basis Of The Fees
- Reasonably Prompt Explanation Of The Basis Of The Fees
- Reasonable Prompt Opportunity To Challenge The Amount Of The Fees
- Escrow For The Amounts Reasonably In Dispute While Challenges Are Ongoing
- Reasonably Prompt Explanation Of The Basis Of The Fees
- Reasonable Prompt Opportunity To Challenge The Amount Of The Fees
- Escrow For The Amounts Reasonably In Dispute While Challenges Are Ongoing
question
For good faith bargaining, National Labor Relations Act (NLRA) Requires Parties To do what?
answer
Collective bargaining to negotiate in good faith
question
Elements Of Good Faith Include what?
answer
• Meeting And Presenting Proposals
• Explaining Bargaining Positions
• Listening To The Proposals Of Others
• Explaining Bargaining Positions
• Listening To The Proposals Of Others
question
Mandatory Subjects Of Bargaining include what?
answer
• Wages
• Insurance Plans
• Vacations
• Retirement Plans
• Work Hours
• Termination Procedures
• Layoff Procedures
• Grievance Procedures
• Drug Testing
• Insurance Plans
• Vacations
• Retirement Plans
• Work Hours
• Termination Procedures
• Layoff Procedures
• Grievance Procedures
• Drug Testing
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