Human Resource Law Application - Essay Example

Human Resource Law and Application Test #4 This test is comprised of True and False, and Multiple Choice. (We incorporated the essay questions into the class discussion) Each True and False and Multiple Choice question is worth .5 point. Because this is a take home test you need to justify each of your answers. You will want to not only provide the answer for the True and False and Multiple Choice questions, but also state why you chose that answer. They are not single word answers, but should be well developed and thought out. You will have one week to complete the test. You can either hand in a hard copy, or submit it via email. TRUE AND FALSE 1. __False__ Suzy is employed as a secretary in the U.S. Senate. Her supervisor has insinuated that there are negative references in her personnel file. Suzy has demanded to see her personnel file and her supervisor has refused. Her supervisor has violated the Privacy Act. No, he has not violated the privacy Act since it relates mostly to health issues but in this case, Suzy is not authorized to see her personal file .It may be against the company policy to show the personal files of the employees. 2. __TRUE_ John was Brad’s supervisor. He was angry with Brad, so he posted a copy of Brad’s criminal record on the wall in the break room. Brad has a case for public disclosure of private facts Yes, since the company had not informed Brad earlier that his private information can be used in such a way. Also, the employer can not mis-use private information. 3. ___False Surveillance by DESIGN occurs when all information that is sent through a system is caught and catalogued. Surveillance by design is to collect information and the organizational system is maintained in such a way that the users are aware of it. 4. False Melissa is fired for stealing from her employer, LaMont and Co. She is convicted of the theft, but given only a light sentence. Some time later, a prospective employer calls LaMont for a reference, and is told that the reason for Melissa’s termination was that she had committed theft of employer property. Melissa does not get the new job. LaMont has defamed Melissa In this case, the employer has not made a public disclosure of private facts. It was a reference that was asked for .Lamont can not be sued for defamation. 5. False Monitoring e-mail transmissions over telephone lines is forbidden by the Electronic Communications Privacy Act. It is not forbidden but is allowed for the needs that employer has to manage the server and the nature of the content entering into the office. 6. True Mandatory subjects of bargaining include wages, hours and terms and conditions of employment as well as any other matter deemed necessary by a majority of the union members Collective Bargaining refers to negotiations and agreement between the management and the labor on wages, hours and other terms of employment. 7. False_ Management cannot be charged with engaging in an unfair labor practice until the union has been established in its facility According to the labour law the employees shall have the right to self organize and form unions or refrain from it. However, unfair labour practice charges can be brought against an employer on account to wages, hours and other terms of employment if they are not in accordance with the state laws or norms prevailing within the company or industry. 8. True A management security clause gives the employer the right to include mid-term negotiations in the collective bargaining agreement The Wagner Act allows the collective bargaining agreement to have a management security clause and the right to include mid term negotiations. 9. False The Wagner Act amended the Taft-Hartley Act to establish unfair union practices False, The Wagner Act identifies the unfair labor practices that the employer can be accused of. The Taft Hartley Act was passed to amend the Wagner Act to restrict mis-use of unionism allowed through the Wagner Act. 10. True Collective bargaining during the term of a contract is termed midterm negotiations Collective Bargaining process includes a clause that allows mid term negotiations to re negotiate controversial issues. 11. False When OSHA issues citations or penalties for workplace safety violations, employers can challenge the citation or penalty directly to Federal District court. False, the responsibility for OSHA rests on the department of labor. Thus any objections to penalties can be raised to the department of labor. 12. True Employers can be held responsible for hazards that are known throughout the industry. True, the OSHA requires the employers to protect the employees against all known work related hazards. 13. False Employees can refuse to work if the employer has failed to provide a safe working environment; however, the employer can replace the employee after the violation has been corrected. OSHA allows the workers to refuse to work if they see that the employer is violating their duty of providing a safe workplace. The employer is required to take corrective action but can not replace the workers since it is their right under OSHA to refuse to work in unsafe conditions. 14 TRUE OSHA does not hold employers liable for injuries suffered by employees while working in the employee’s home offices, but employers are responsible for injuries suffered by employees if the employee works out of a car. True, the OSHA requires the employers to provide safe work environment and conditions including coverage for persons using their car for official purposes. However, in cases where even at home the employee was performing work duties, the employer might be required to provide compensation. 15. TRUE An employer can be liable for criminal penalties, under OSHA, if it commits a willful violation that results in the death of an employee. True, willful violation of OSHA that results in the death of an employee would lead to rising of charges against the employer. 16. True An employee benefit plan provides retirement benefits when the employee has reached the age allowable under the plan. Under the ERISA, the employees can not take benefit from retirement plans until and unless they have reached a certain age. 17. False ERISA covers all employers, including churches and plans maintained for nonemployees such as independent contractors. False, Erisa does not cover employers like churches and independent contractors. 18. True Employers with defined benefit plans are required to purchase insurance from the Pension Benefit Guarantee Corporation to cover potential losses of benefits on termination of a plan. True, the employers are required to purchase the pension insurance to cover any losses in case of termination of plans or changes in the plan. 19. False Employers are not required to provide pension plan benefits to full time permanent employees False, the employers are required to provide coverage to all employees who have been in service for over one year in the organization. 20. TRUE The summary plan description must be submitted to the plan participants on a yearly basis. True, it is a reporting and disclosure requirement to submit the plan 21. TRUE Harrison is 16 years old and works at the Food Mart 30 hours per week, including weekends. Food Mart has violated the FLSA, which limits to 18 the number of hours a child can work while attending school. True, FLSA allows individuals of age 16 to work in jobs that do not interfere in their education. Working 30 hours a week will definitely interfere with his education and in this way FLSA has been violated. 22. False Causey Cleaners has been found liable for willful violation of the FLSA’s requirement to pay overtime. Causey can be fined up to $10, 000. False, since Causey Cleaners will be fined and can be fined under the FLSA law, but the amount of the fine can not be fixed Sto US $ 10, 000, that depends upon the pay of the worker and other factors. 23. False The FLSA permits employers to use a tip credit to account for up to 50% of the minimum wage with respect to “tipped” employees. False, tipped employees are covered under FLSA and qualify for minimum wage and over time salaries. 24.False In addition to specifying the rate at which an employee must be paid for overtime work, the FSLA also imposes a cap on the number of hours an employee can legally work for one employer in one week. The employee can work hours above the maximum work hours allowed and earn over time income. However, the standards have been set. 25. True Individual states may implement state minimum wage laws that are in excess of the federal minimum wage. The State minimum laws can be higher than the federal minimum laws. MULTIPLE CHOICE 1. A A waiver by an employee of any claim he may have against his employer for invasion of privacy due to a workplace search is enforceable by the court: A. if the waiver is given prior to the offer of a job B. if the waiver is knowingly and voluntarily given C. even if there is no consideration given by the employer D. even if the waiver is not in writing A waiver of Privacy Act can be granted by the employee to the employer in return for the job offer. 2. D The Patriot Act A. gives the federal government the power to monitor internet usage by any American citizen if the information sought is relevant to an ongoing criminal investigation B. expanded the government’s authority to intercept wire, oral and electronic communications relating to terrorism C. allows nationwide seizure of voice mail messages pursuant to warrants D. all of the choices are correct Post September 11, 2001, This Act was passed to give the federal Government increased authority to monitor all communications by the citizens. 3. C Connor was employed by Tabor City Bank. He left the company voluntarily after he ended a personal relationship with Laura, the branch manager and his boss. When a prospective employer contacted the bank for a reference, Laura told him that Connor had been fired for misconduct and was not eligible for re-hire. Connor did not get the job. A. Connor has a cause of action for publication in a false light B. Connor has a cause of action for defamation C. Connor has a cause of action for public disclosure of private facts D. None of the choices are correct The affair with the boss was a private situation. He left the company voluntarily as well. Considering this, it was unprofessional of Laura to disclose personal facts to future employers. Connor can sue Laura for public disclosure of private facts. 4. C In the workplace of the private sector employer: A. employee rights under the Privacy Protection Act of 1974 are stronger than the rights of the employer under the Act B. employees have no legitimate expectation to any privacy rights C. employees have limited rights to privacy in the workplace D. employees have an absolute right to privacy in the workplace The Constitution only provides the right to be free from unreasonable searches and seizures. Due to this, the employee has limited rights to privacy at workplace. 5. __B___ For which of the following does Josh, an employee, generally have the greatest expectation of privacy? A. Josh’s desk drawers in his office B. Josh’s briefcase that he carries to and from the office and home C. Josh’s business use company car D. Josh’s locker at work Josh’s briefcase is his personal property and the company can not search it without following proper procedures. 6. ___C__ The Federal Labor Relations Authority A. is the agency established to administer federal sector labor law B. is the counterpart to the NLRB C. was established by the Civil Service Reform Act of 1978 D. all of the choices are correct The FLRA was established under the Civil Service Reform Act of 1978 to protect the Federal Employees. 7. ___A__ Long Industries was negotiating a collective bargaining agreement with the union and the union representatives refused to consider the concessions on the table for discussion. The union threatened to strike if Long did not agree to its demands and refused to continue to bargain. Long refused to accept the union’s proposals and the following day, locked the employees out. A. The lockout was not a violation of NLRA if done to get the union back to the bargaining table B. The lockout was a violation of the NLRA C. The lockout was an unfair labor practice D. None of the choices are correct The lock out would be a violation is Long Industries was not a part of the collective bargaining negotiations. However, since the union has refused to work and refused to bargain, it can be said that this is not a violation of the NRLA if it is done with the intention of ending the deadlock and bring the union to the negotiation table. 8. __D___ The Landrum-Griffin Act A. made stealing union funds a federal crime B. created a bill of rights for union members C. provided specific procedures for union elections D. all of the choices are correct The Landrum Griffin Act is additional regulation that was introduced to stop the misuse of the labor laws. 9. __C___ Sharon is not required to join the union that represents coworkers at her place of employment, which happens to be an agency shop. This means that A. she must, nevertheless, pay union dues B. she need not pay union dues C. she must negotiate her own wages and hours D. she is, nevertheless, bound by the rules and regulations of the union By not being a part of the Union she has decided to negotiate her own wages and conditions herself rather then having a representative body. 10. _C____ Preventing and addressing corruption in the operation of unions is the purpose of: A. the Wagner Act B. the Norris LaGuardia C. the Landrum-Griffin Act D. the Taft-Hartley Act The Landrum Griffin Act was passed to put a cap on the labour union corruption. 11. ___B__ A “willful” violation as defined by OSHA in its publication “All about OSHA” occurs: A. when the employer commits an OSHA violation as result of negligent conduct B. when the employer commits an OSHA violation intentionally and knowingly with plain indifference to the law C. when the employer commits an OSHA violation that a reasonable person would consider a safety violation D. when the employer commits a violation that a reasonable employee working in that industry would consider willful A willful violation is when there are industry specific laws and regulations present and the company ignores the compliance requirements and does not take corrective action. 12. __A___ Employers must keep records of workplace injuries A. even if the injury does not require medical treatment B. if the injury causes a loss of consciousness C. even if the injury does not result from a work related cause D. None of the choices are correct A record of all injuries relating to the workplace and that took place while ay employee was at work need to be taken notice of and corrective actions by the employers should be taken in order to make the workplace a safe place to work. 13. ____C_ The safety standard enforce by the Occupational Safety and Health Administration are researched and formulated by A. Congress B. state workplace safety agencies C. the National Institute for Occupational Safety and Health D. the National Labor Relations Board The National Institute of Occupational Safety and Health is the research arm of OSHA 14. __D___ Martin sues his employer for a negligently incurred injury. The employer attempts to show that it was the acts of one of Martin’s coworkers that caused Martin’s injuries. The employer is asserting: A. the fellow servant rule B. assumption of the risk C. the greater danger defense D. contributory negligence The employer is convincing that the injury was on account of the contributory negligence of another employee and is exempt from responsibility. 15. __D___ The OSHA requirement that employers provide safety training to all new employees and to all employees who have been transferred into new positions: A. is the general duty rule B. is the safety training requirement C. is the continual training requirement D. is the safety standard duty It is a safety standard duty since it has to be practiced irrespective of what industry the company is functioning in. 16. __B___ Kelly Martin was employed by Pocket Tobacco Company. He was out on disability due to a non-work related injury when the company had a reduction in force which affected his job. Kelly is concerned that he will not be able to pay his medical expenses. A. Kelly is entitled to continue his health insurance benefits under HIPPA B. Kelly is entitled to continue his health insurance benefits under COBRA C. Kelly is entitled to continue his health insurance benefits under ERISA D. Kelly is not entitled to continue his health insurance coverage because he was not an active employee at the time of the reduction in force COBRA provides health coverage up to 18 months. 17. _B____ Defined contribution plans A. define the amount of the employee contribution without a specific amount to be recovered at retirement B. are plans where the amount the employee receives at retirement is specifically designated at the time the employee enters the plan C. is a plan that provides medical, surgical or hospital benefits D. none of the choices are correct Defined Contribution plans are plans which define the amount of compensation an employee will receive at the time of retirement. 18. ___C__ Daniel is the plan administrator for the Golden Corporation. He has invested all of the funds in Techno stock. The stock price plummeted. Daniel has A. violated his fiduciary duty to of loyalty B. violated his fiduciary duty of diversification C. violated his fiduciary duty of exclusive purpose D. none of the choices are correct Daniel should have invested the funds in other entities other than Techno Stock as well. By concentrating investment in only Techno, he has violated his fiduciary duty of diversification. 19. ___B__ Heather is Chief Administrator in charge of medical records at Marvin County Hospital. She received a request for copies of Victoria’s medical records from her employer and she released them without Victoria’s authorization A. Heather has not violated the HIPAA Privacy Rule because employers are included in the groups that can receive protected health information without authorization B. Heather has violated the HIPAA Privacy Rule because employers are not included in the groups that can receive protected health information without an authorization C. Heather has not violated the HIPAA Privacy Rule because there is an exception in the Rule for the release of medical records by the head of the medical records department D. None of the choices are correct Heather has violated the HIIPA since Victoria had not authorized her to release the information. 20. __C___ A “defined benefit plan? A. is a pension plan in which each employee has his/her own account and the benefits are based only on the principal and income contributed B. a plan that established to provide health, vacation or death benefits C. a plan where the amount the employee will receive at retirement is stated at the time the employee joins the plan D. none of the choices are correct In a defined benefit plan the exact amount that the employer will be taking with him on retirement is stated. 21. ___C__ Victor is employed as a life guard at the Bob’s Pool and Video Arcade (currently). Victor is paid $4.75 per hour and no overtime. Bob’s is open from Memorial Day until Labor Day. A. Bob has violated the FLSA because Victor is not paid minimum wage B. Bob has violated the FLSA because Victor is not paid overtime C. Bob has not violated the FLSA because Victor is employed at a job considered seasonal work and is exempt from the minimum wage and overtime regulations D. None of the choices are correct The FLSA provides exceptions to which the minimum pay rule does not apply. As a lifeguard, Victor’s job is seasonal and is exempt from minimum wage and overtime regulations. 22. ___B__ In addition to regulating child labor, wages and hours, the FLSA requires an employer to A. supply the department of labor with the names and addresses of all employees on a semiannual basis B. keep records, in any form they wish, on wages and hours C. maintain an escrow fund to finance and pay overtime D. provide unemployment insurance to all covered employees The FLSA requires the employer to keep wages and time records. 23. _A____ Time off given to an employee in lieu of overtime pay is called: A. on-call time B. vacation time C. compensatory time D. benefit time It is the on call time since there was a requirement of the employee at work. 24. __A___ Under the FLSA, for an employee who is on call A. waiting time is always working time B. waiting time is never working time C. waiting time is not working time unless the employee uses her time exclusively for her employer’s purposes while she is on call D. waiting time is working time if the employee cannot use her time effectively for her own purposes while she is on call She is on duty on her on call time and waiting time is always working time. 25. __A___ According to the Department of Labor, interpreting the FLSA, 14 – 15 year olds may not work past ______ while school is in session and ______ during the summer A. 7:00 pm; 8:00 pm B. 7:00 pm; 9:00 pm C. 8:00 pm; 9:00 pm D. 8:00 pm; 10:00 pm They are allowed to work only if their study schedules are not affected. 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