Exam 11: Employment Regulation and Labor Law

The Social Security Act is funded through mandatory employment taxes paid by both the employer and employee.

In Sisco v.Quicker Recovery,Inc.,Sisco,reroute to tow an impounded truck,was stopped by police for speeding.He refused to provide identification and was arrested pursuant to state statute.He was injured while resisting arrest and filed a workers' compensation claim.How did the courts decide the issue of his eligibility for benefits and what was their reasoning? How was Sisco's conduct evaluated?

The Family and Medical leave Act applies to employers with a minimum of:

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following unless consent to monitor is granted except:

Employees making complaints to the Occupational Safety and Health Administration are protected under the Occupational Safety and Health Act's whistle-blowing provisions.

The courts have very narrowly defined whether the Fair Labor Standards Act requires that time commuting to work sites when performing work during the commute should be compensated and no clear standard yet exists.

Kathy is a college student who enjoys spending her summers at the beach.For the past four years starting as a junior in high school she has worked as a waitress at a local beach resort restaurant from mid-June through mid-August.If Kathy is injured while working in the restaurant,she will be eligible for workers' compensation benefits.

Leah is a first year elementary school teacher at a private religious school.The parents and kids love her and she gets along with everyone.One month after starting,she's called into the headmaster's office and handed an envelope containing spring break college photos of her topless,guzzling beer and alcohol while sitting in various men's laps.The headmaster informs her that she is terminated immediately and that she must clean out her desk and removes all personal belongings by the end of the day.She demands to know where the headmaster got these photos and he tells her that they monitor social networking sites.These pictures had been posted to a site she no longer uses and had forgotten about.She will be successful if she sues for wrongful termination based on invasion of privacy.

Morris is a nonexempt employee with a salary of $400 a week based on a 40 hour week.If he should work 50 hours in a particular week his paycheck should be for:

Olivia works as an advertising executive for a large public relations firm in New York.Her boss gives her tickets to attend a formal event in Washington D.C. at which many of the firm's clients will be in attendance. He expects her to represent the firm and generally solidify client relations by her attendance. While mingling with the attendees, she slips on a spilled drink and is severely injured in the fall. If Olivia files for workers' compensation, will she be eligible for benefits? Yes, Olivia will be entitled to workers' compensation benefits. Eligibility is based on whether the injury resulted from an accident and whether she was hurt in the course of her employment. Certainly, slipping on a spilled drink is accidental. Although she was not in her New York office and perhaps indirectly performing ad exec related duties, she was in attendance at the formal affair at the direction of her employer and she was performing company related good will tasks. Courts will determine her to be acting in the course of her employment when injured and award her workers' compensation benefits.

Contributory and comparative negligence are generally not valid defenses to workers' compensation claims.

The following act was passed specifically to monitor and prevent corruption in major trade unions:

If an employee in a unionized company believes that the employer is violating the collective bargaining agreement,he or she may file a ________ and the union will arbitrate the matter on behalf of the employee.

Name and define three forms of illegal work stoppages which may be conducted by employees.

Protection of employee medical information is addressed by the:

The Fair Labor Standards Act imposes restrictions on hiring workers under:

The shift from an agricultural society toward industrial production began almost immediately after the end of the U.S.Revolution.

Conditions in American industrial plants have always been safe and humane with regard to the treatment of workers.

The Fair Labor Standards Act was originally intended to cover employers:

Explain how the Electronic Communications Privacy Act applies to employee privacy and protections.