Chapter 42

Question 1

One of the most important legal relationships is that of

Answer 1

employer to employee

Question 2

An employer must

• ______ an employee the agreed-upon wage
• ______ the employee by providing a _______ to work, _________________ employees with whom to work, _____________ of any danger that exists in connection with the work

Answer 2

• Pay an employee the agreed-upon wage
• Protect the employees by providing a safe and sanitary place to work, careful and competent employees with whom to work, an environment free of discrimination and harassment, warn the employee of any danger that exists with the work

Question 3

An employee must

• ______ the employer’s lawful orders concerning the employment
• ______ good faith to the employer
• do their work ___________

Answer 3

• obey the employer’s lawful orders concerning the employment
• exercise good faith to the employer
• do their work carefully and conscientiously

Question 4

the acts of an employee committed while performing duties are considered

Answer 4

the acts of the employer

Question 5

the employer is liable to third parties for injuries caused by an employee, whether the acts are _____________, so long as the acts were _________

Answer 5

the employer is liable to third parties for injuries caused by an employee, whether the acts are willful or negligent, so long as the acts were committed by the employee within the ordinary course of employment

Question 6

Year of Fair Labor Standards Act (FLSA)

Answer 6

1938 (Great Depression)

Question 7

The FLSA sets standards for:

Answer 7

• the minimum age an employee can be
• the minimum wages an employee can earn
• the rate at which an employee is paid if they work more than a certain number of hours in a given week

Question 8

Current federal minimum wage and the overtime pay

Answer 8

Current Federal Minimum Wage: $7.25

Overtime: 1.5x

Question 9

Four categories of employees excluded from coverage

Answer 9

1. executives
2. processional employees
3. outside sales associates
4. administrative employees

Question 10

Independent Contractor

Answer 10

a person or firm that performs services for another

Question 11

independent contractors are ________ of the person who engages them

Answer 11

independent contractors are not under the direct control of the person who engages them

Question 12

Independent Contractors vs. Employees

- Employees usually ________ whereas an independent contractor can _________

Answer 12

Employees usually cannot sue their employers for on-the-job injuries, whereas independent contractors can sue the person with whom they made the contact.

Question 13

An employer is responsible for an _________ the scope of the employment; the person who engages an independent contractor, on the other hand, is _______ responsible for the independent contractors torts.

Answer 13

An employer is responsible for an EMPLOYEES TORTS COMMITTED WITHIN the scope of the employment; the person who engages an independent contractor, on the other hand, is IS GENERALLY NOT responsible for the independent contractors torts.

Question 14

In all cases it is ________ that defines the employer-employee relationship

Answer 14

what the individual does on the job

Question 15

The IRS test aids

Answer 15

businesses and individuals in distinguishing employees from independent contractors

Question 16

there are numerous federal and state laws that serve to protect employees from

Answer 16

accidents and sicknesses that are job-related

Question 17

Worker’s Compensation

Answer 17

a type of insurance that provides that employees may recover damages for work-related injuries and illnesses without having to prove negligence on the part of the employer

Question 18

Worker’s compensation is considered the __________ as it is almost mandatory and provides employees with nearly authomatic recovery

Answer 18

exclusive remedy

Question 19

exclusive remedy

Answer 19

an employee who sustains a work-related injury or illness can recover damages only through worker’s comp and may NOT file a lawsuit against their employer

Question 20

Employees _______ sue their employers if it was the employer’s _______ conduct that caused the injury or illness

Answer 20

can sue their employers if it was the employer’s intentional or grossly negligent conduct that caused the injury or illness

Question 21

The Family and Medical Leave Act (FMLA)

Answer 21

federal statute that provides eligible employees with the right to take up to 12 weeks of unpaid leave.

Question 22

Reasons to take FMLA

Answer 22

personal medical reasons or to care for a child, spouse or parent

Question 23

FMLA applies to all employers who employee _____ employees

Answer 23

50+

Question 24

To be eligible, an employee must have worked for their current employer for at least ____ hours in the previous year

Answer 24

1250

Question 25

Federal Unemployment Tax Act (FUTA) year

Answer 25

1935

Question 26

FUTA is a ______

Answer 26

state system that provides unemployment compensation to those who are qualified and lose their job

Question 27

FUTA is not paid into like a

Answer 27

retirement account

Question 28

FUTA is financed by

Answer 28

employer who pays through taxes

Question 29

Occupational Safety and Health Act year

Answer 29

1970

Question 30

Administrative agency created from Occupational Safety and Health Act

Answer 30

Occupational Safety and Health Administration (OSHA)

Question 31

OSHA requires that companies maintain ______

Answer 31

records of employee work-related accidents and sicknesses and post data regarding these every february.

Question 32

OSHA _________ to be certain that these _____ comply with safety and health standards and imposes penalties if it finds any violations.

Answer 32

inspects workplaces, worksites

Question 33

OSHA can ______ ranging from fines to facility closings

Answer 33

impose penalties

Question 34

Consolidated Omnibus Budget Reconcilliation Act (COBRA) year

Answer 34

1985

Question 35

COBRA provides _____ months of ______ with the employee paying _______.

Answer 35

18-29, really expensive insurance coverage, entire premium

Question 36

COBRA is not granted if

Answer 36

employee is filed for gross misconduct or employer decides to eliminate benefits for all current employees

Question 37

Employment Retirement Income Security Act (ERISA) year

Answer 37

1974

Question 38

ERISA ______ standards for ________ benefit plans

Answer 38

establishes minum standards for retirement, health and other welfare benefit plans

Question 39

ERISA only appiles to ______ that offer ______ plans to employees

Answer 39

Only applies to private employers that offer employer-sponsored benefit plans to employees

Question 40

ERISA does not _______ employers to offer ____

Answer 40

require, plans

Question 41

ERISA does not apply to health plans for ______ employees, or to plans maintained to comply with ________

Answer 41

government or church employees, disability, workers' compensation or unemployment laws.

Question 42

The _____ has ruled that ____ clauses in employment contracts are _____

Answer 42

SCOTUS, arbitration, enforceable

Question 43

Employee handbooks

Answer 43

manuals that confirm the many policies of the firm

Question 44

Employee handbooks can be considered a kind of _______ between ______. This applies in Texas.

Answer 44

contract, employer-employee

Question 45

Doctrine of employment at will

Answer 45

Just as an employee may choose to terminate their employment at any time they wish, so too an employer may terminate an employee's employment at any time for a good reason, a bad reason, or no reason at all.

Question 46

Employment contract

Answer 46

specifies that the employer agrees to pay, and the employee agrees to work, for a specified period of time at a specified salary.

Question 47

Employment contracts frequently have ________ maintaining _______

Answer 47

clauses related to maintaining confidentiality with respect to trade secrets, restrictive covenants, and agreements to arbistrate in the event of a dispute between the parties

Question 48

3 excxeptions to allow employee to sue for wrongful discharge

Answer 48

1. implied-contract exception 2. public policy exception 3. implied covenant of good faith and fair dealing

Question 49

implied-contract exception

Answer 49

provides that an implied employment contract may arise from statements the employer makes in an employm ent handbook, length of service, statements by the employer indicating long term employment or materials advertising the position

Question 50

public policy exception

Answer 50

prohibits employers from firing employees engaged in activities that further the public interest

Question 51

implied covenant of good faith and fair dealing exception

Answer 51

assumes that every employment contract contains an implicit understanding that the parties will deal fiarly with one another

Question 52

A negative reference can give rise to ______ kinds of lawsuits brought by current or former employees or the new employer

Answer 52

1. invasion of privacy 2. defamation 3. negligent misrepresentation (new employer)

Question 53

Electronics: you _________ of privacy when using your employer's email system.

Answer 53

do not have a reasonable expectation of privacy

Question 54

Electronic Communications Privacy Act (ECPA) year

Answer 54

1986

Question 55

ECPA does offer ______, but the purpose was not for _____ from your employer at work on a ______. _______ may be different.

Answer 55

protection, protection, work computer, telephone calls

Question 56

Texas is _____ a state that limits an employers right to give you a drug test.

Answer 56

NOT

Question 57

Under the Drug-Free Workplace Act, employers that receive ________ must develop an antidrug policy, awareness, penalty warning.

Answer 57

federal financial assistance or have federal contracts worth over $25,000

Question 58

employers reduce their risk of libaility in providing references by

Answer 58

withholding negative reference information and/or simply not responding to reference requests.

Question 59

Teft Hartley Act of 1947

Answer 59

AKA Labor-Management Relations Act | designed to curtain some of the powers the unions had acquired under the Wagner Act

Question 60

If a prospective employer hires an employee based on an incomplete reference, and then suffers damages, they can sue the ________ for ______

Answer 60

previous employer for negligent misrepresentation

Question 61

Landrum-Griffin Act of 1959 - primarily governs ____ - response to _____ - Contains ____ that protects ____-

Answer 61

- primarily governs the internal operations of labor unions - undesirable internal labor union practices - "labor's bill of rights" that protect employees from their own unions

Question 62

The National Labor Relations Board (NLRB) interprets and enforces the

Answer 62

national labor Relations Act

Question 63

the primary functions of the NLRB: - _____ employer and union during election - _______ unfair labor practices by employers/unions - _________ rules interpreting the act

Answer 63

- monitor the conduct of - prevent and remedy - establish

Question 64

Strike

Answer 64

temporary, concerted withdrawl of labor

Question 65

boycott

Answer 65

a refusal to deal with, purchase goods from or work for a business

Question 66

primary boycott

Answer 66

LAWFUL; against an employer with whom the union is directly engaged in a labor dispute

Question 67

secondary boycott

Answer 67

UNLAWFUL; occurs when employees have a labor dispute with their employer and boycott another company to force it to cease doing business with that employer

Question 68

picketing

Answer 68

individuals who place themselves outside an employer's place of business for the purpose of informing passerby of the fact(s) of a labor dispute

Question 69

informaitonal picketing

Answer 69

picketing designed to thruthfully inform the public of a labor dispute between an employer and the employees (LAWFUL)

Question 70

signal picketing

Answer 70

prevents deliveries or services to the employer (ILLEGAL)