ch 15 Employment Law Overview

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Questions and Answers

Which of the following scenarios would likely support a claim for wrongful discharge based on public policy?

An employee is terminated after refusing to commit an illegal act. (correct)

An employee is laid off due to company downsizing.

An employee is fired for attending a political rally.

An employee quits to start a new business.

What is a significant aspect of the Occupational Safety and Health Act?

Employers must provide a workplace free from recognized hazards. (correct)

OSHA has the power to mandate employee training in workplace safety.

It allows employees to sue employers for damages resulting from workplace injuries.

It establishes a national workers' compensation fund for all employees.

Which statement about workers' compensation laws is correct?

Employers are immune from tort lawsuits for work-related injuries in most states. (correct)

Workers' compensation claims can be filed for any type of injury.

All workers' compensation claims require a court hearing.

Employees must prove employer negligence to receive benefits.

What change did the Federal Trade Commission announce in April 2024 concerning noncompete agreements?

They are banned nationwide for most workers. Signup and view all the answers

What does the at-will presumption allow both employers and employees to do?

Terminate employment without any reason. Signup and view all the answers

To establish a workers' compensation claim, which of the following elements must be demonstrated?

The injury must be connected to the employee's job duties. Signup and view all the answers

In which of the following instances could an employee NOT be fired based on public policy?

For expressing dissatisfaction with management. Signup and view all the answers

What can employers face as a consequence of violating the Occupational Safety and Health Act?

Fines imposed by OSHA for regulatory violations. Signup and view all the answers

What is the primary reason the certified nursing assistant (CNA) was not eligible for worker’s compensation?

She was classified as an independent contractor. Signup and view all the answers

Under the Family and Medical Leave Act (FMLA), which of the following circumstances does NOT permit an employee to take unpaid leave?

For a vacation to recover from exhaustion. Signup and view all the answers

Which statement about the NLRB is incorrect?

It oversees both private sector and public sector unions. Signup and view all the answers

What is the consequence for an employer if a union is certified by the NLRB?

The employer is required to negotiate in good faith with the union. Signup and view all the answers

Which of the following must an employer provide evidence of regarding new employees?

Legal work status. Signup and view all the answers

What does the Employee Retirement Income Security Act (ERISA) primarily ensure?

Guarantee of expected retirement benefits. Signup and view all the answers

What is the minimum percentage of employees that must sign authorization cards to initiate a union representation election?

30% Signup and view all the answers

Which of the following is not a requirement for an employer under labor regulations?

Ensure all employees have health insurance. Signup and view all the answers

Which statement is true regarding the obligations of parties during the collective bargaining process?

Both parties are required to bargain in good faith. Signup and view all the answers

What can happen if an employee is unable to perform essential functions after exhausting FMLA leave?

The employer can terminate the employee legally. Signup and view all the answers

Study Notes

Employment At-Will

Common law presumes employer-employee relationships are "at-will" (either party can terminate without cause).
Exceptions exist, including contracts, public policy, and worker health and safety regulations.

Contractual Exceptions

Contracts can alter the at-will presumption.
Exculpatory contracts (e.g., excusing employer liability) are generally disfavored.
Non-compete agreements are enforceable if reasonable in time and geographic scope.
Federal Trade Commission recently banned most nationwide non-compete agreements.

Public Policy Exceptions

Employers cannot fire employees for refusing illegal acts, performing public duties, exercising public rights, or whistleblowing illegal activities.
Wrongful discharge/retaliatory discharge lawsuits are possible if public policy is violated.

Occupational Safety and Health Act (OSHA)

Employers must maintain a workplace free of recognized hazards.
OSHA standards must be followed, with possible fines for violations.
OSHA inspectors enforce regulations, reacting to worker reports.

Worker's Compensation

State laws mandate insurance for employee injuries and deaths.
Workers' compensation provides a predetermined recovery, irrespective of fault.
Employers are usually immune from tort lawsuits related to work-related injuries in most states.
To claim workers' compensation, employees must demonstrate an injury from an accident or work-related disease, arising during employment.
Worker's compensation is the exclusive remedy for injuries in most states.

Family and Medical Leave Act (FMLA)

Applies to employers with 50+ employees.
Allows up to 12 weeks of unpaid leave for childbirth, adoption, ill family members, or employee's own serious illness.
Leave can be denied if it causes substantial economic injury to the employer.
Termination is sometimes permissible for employees unable to perform essential job functions due to FMLA-related absences.

General Employment Regulations

Employers must hire legally authorized workers and verify their status.
Federal, state, and local minimum wage requirements apply.
Licensing is required for many professions (based on state/national standards).

Employee Retirement Income Security Act (ERISA)

Ensures retirement plan benefits to participants.
Employees' benefits vest after a certain period of employment under ERISA.

National Labor Relations Board (NLRB)

Oversees implementation of the National Labor Relations Act (NLRA).
Deals with labor disputes that affect interstate commerce, covering about 7% of the private sector workforce.
NLRA doesn't apply to the public sector.
Unions, employees and employers can file unfair labor practice charges with the NLRB.

Unionization Process

Employees can seek union representation through organization drives.
Authorization cards are submitted if 30%+ of employees desire union representation.
NLRB conducts elections to determine majority support.
Employer and Union campaigning occurs before the election.
Union certification occurs if there is a majority vote for unionization.
Decertification is possible 60-90 days before collective bargaining agreement expiration (30%+ petitioning).

Collective Bargaining

Employers and unions negotiate employment contracts.
Good faith bargaining is required by the NLRA.

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Description

This quiz covers important aspects of employment law, focusing on the at-will employment doctrine and its exceptions, including contractual and public policy exceptions. It also highlights the Occupational Safety and Health Act (OSHA) and employers' responsibilities. Test your knowledge of these legal frameworks governing employer-employee relations.