Question 1

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

Accepted Answer

Federal labor law, specifically the National Labor Relations Act, protects the right of workers to engage in picketing for the purpose of informing the public about their grievances. However, picketing that aims to obstruct the delivery of services or prevent deliveries to the employer may not be protected, especially if it causes significant disruption or harm to the employer's business beyond mere persuasion.

Question 2

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Does Kayla's failure to contact DesignCo until two days after her leave began constitute inadequate notice under the FMLA?

Accepted Answer

Under the FMLA, when the need for leave is unforeseeable, employees are required to provide notice to their employers as soon as practicable, which is generally considered to be within one or two business days of when they become aware of their need for leave. Kayla's notification two days after her leave began falls within this guideline.

Question 3

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
-Is Eugene likely entitled to receive workers' compensation for his back injury?

Accepted Answer

The answer of [Dangerous Convention] WebCo held its annual meeting...

Question 4

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

Accepted Answer

Nadine is incorrect because for a union to be certified as the bargaining agent, it must receive a majority of the votes cast in the election, not a majority of all employees.

Question 5

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

Accepted Answer

The answer of Penalties for violating OSHA range from $0...

Question 6

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
-ERISA is the acronym for

Accepted Answer

ERISA stands for Employee Retirement Income Security Act, which is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

Question 7

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
-Would Kolby likely be qualified to receive unemployment compensation?

Accepted Answer

Kolby would likely be qualified to receive unemployment compensation unless the employer can prove that he was fired for cause. Being fired for personal preferences, such as movie tastes, typically does not constitute a valid cause for termination that would disqualify someone from unemployment benefits.

Question 8

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
-Is Bryson likely entitled to receive workers' compensation for his injury in the shower?

Accepted Answer

Many states recognize that employees on business trips are still under the scope of their employment for the duration of the trip, including times when they are not actively working, such as being in their hotel room. Therefore, injuries sustained during such trips can be eligible for workers' compensation.

Question 9

What was the result in Roe v. TeleTech Customer Care MGMT, the case in the text in which an employee who had a prescription for lawful medical marijuana under Washington's Medical Use of Marijuana Act (MUMA), could be fired for having a positive result on a drug test?

Accepted Answer

The appellate court affirmed the trial court's dismissal of the plaintiff's claim, concluding that the Medical Use of Marijuana Act (MUMA) does not provide a sufficient public policy basis to support a claim for wrongful termination due to authorized use of medical marijuana.

Question 10

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
-Was it illegal for the supervisor to fire Kolby because Kolby is a fan of science fiction?

Accepted Answer

Under the employment-at-will doctrine, employers can terminate employment for almost any reason, as long as it is not illegal (e.g., discrimination based on protected characteristics). Being fired for liking science fiction does not fall under illegal reasons.

Question 11

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
-Brock is an outside salesperson for SportsWear, Inc. Because of a recent company reorganization, Brock was given several extra accounts and he's now working sixty hours per week. Brock's supervisor told him the extra accounts will only be for a few more weeks until they hire another salesperson. Is Brock entitled to overtime compensation?

Accepted Answer

Outside salespersons are typically exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA), meaning they are not entitled to overtime compensation regardless of the number of hours they work.

Question 12

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
-Is Doria likely entitled to receive workers' compensation for her injury?

Accepted Answer

Doria's injury occurred while she was performing her job duties, specifically on her way to give a speech at the company's annual meeting, making her likely entitled to workers' compensation.

Question 13

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
-Can Kolby and his wife continue to receive benefits after his termination?

Accepted Answer

COBRA (Consolidated Omnibus Budget Reconciliation Act) allows employees and their dependents to continue their employer-sponsored health coverage for a limited period of time under certain circumstances, such as voluntary or involuntary job loss.

Question 14

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Was Kayla required to mention the FMLA in her telephone call?

Accepted Answer

Employees are not required to specifically mention the Family and Medical Leave Act (FMLA) when requesting leave. They need only provide enough information for an employer to reasonably determine that the leave may be covered by the FMLA.

Question 15

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

Accepted Answer

Informational picketing refers to the practice of picketing for the purpose of informing the public about a labor dispute, such as employees carrying signs to communicate that they are not receiving fair wages from their employer. This is exactly what the employees did initially by carrying signs about the labor dispute and Amir's refusal to give a raise.

Question 16

[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?

Accepted Answer

The appropriate term for the work stoppage engaged in by the employees, who are stopping work and picketing to demand better wages and conditions, is a strike.

Question 17

Employers with 11 or more employees are required to keep records of work records of work-related injuries and illnesses (except in low-hazard industries) under which act?

Accepted Answer

The Occupational Safety and Health Administration (OSHA) requires employers with 11 or more employees to keep records of work-related injuries and illnesses, except for those in designated low-hazard industries. This is part of ensuring workplace safety and health standards are met.

Question 18

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Assuming Kayla provided proper notice, would a court likely find that DesignCo violated the FMLA by not returning Kayla to the same position when she returned to work?

Accepted Answer

DThe FMLA requires that an employee be restored to the same or an equivalent position upon return from leave. This includes equivalent pay, benefits, and other terms and conditions of employment. If Kayla's new position had substantially equivalent skills, effort, responsibility, and authority, DesignCo would not have violated the FMLA.

Question 19

[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 correct term for the type of picketing the employees engaged in when they attempted to prevent employees from entering the premises and to stop deliveries to Amir by picketing?

Accepted Answer

The answer of [Employee Picketing] Amir owns a unionized business...

Question 20

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Which of the following are not a remedy associated with employer liability under the Family and Medical Leave Act?

Accepted Answer

Under the Family and Medical Leave Act (FMLA), remedies for employer liability can include lost benefits, unpaid wages, attorney fees, and denied compensation, but incidental damages are not a remedy associated with FMLA violations.

Quiz 42: Employment and Labor Law

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

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

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

What was the result in Roe v. TeleTech Customer Care MGMT, the case in the text in which an employee who had a prescription for lawful medical marijuana under Washington's Medical Use of Marijuana Act (MUMA) , could be fired for having a positive result on a drug test?

Employers with 11 or more employees are required to keep records of work records of work-related injuries and illnesses (except in low-hazard industries) under which act?