Exam 35: Labor, Worker Protection, Employment, and Immigration Law

Under the Fair Labor Standards Act,if an employee works 50 hours one week and 30 hours the next week,the employer owes no overtime pay,since the employee averaged 40 hours per week during the two-week period.

Jeremy is a seventeen-year-old high school student and the captain of the football team.It is the summer before his senior year,and he wants to "bulk up" in order to play better and to impress college scouts so he can get a scholarship.He applies for a full-time job at a local steel mill,knowing that the work is hazardous,but thinking that it will keep him in great shape physically.Can the steel mill hire him?

Secondary boycott picketing is lawful only if it is product picketing.

Section 8(a)of the National Labor Relations Act prevents employers from interfering with employees' rights to form a union.

Marsha works for a factory as an assembler on an assembly line.She is an hourly worker and is not paid for lunch time.Everyone takes lunch at the same time,as the line shuts down from noon to 12:30 pm.One lunch period she slips on some spilled coffee in the company cafeteria and breaks her leg.Is she entitled to workers' compensation?

Many of the OSHA standards are conditional duty standards.

The United States Department of Labor permits employers to pay less than the minimum wage to students and apprentices.

Once a strike begins,the employer may continue operations by using management personnel and hiring replacement workers to take the place of the striking employees.

Some subjects,such as fringe benefits,are compulsory subjects of collective bargaining.

A serious health condition that makes an employee unable to perform his or her duties is a situation covered by the Family and Medical Leave Act.

Unionized employees of Serve-Me Company vote to strike.They decide,however,that instead of actually leaving the premises,they will simply do no work.Which of the following is true?

Which of the following is false regarding the Family and Medical Leave Act?

If fifty percent of employees vote for the union,the union wins the election.

The Labor-Management Relations Act allows the president of the United States to seek an injunction against a strike that would create a national emergency.

What practical problems for an employer are presented with the notice requirements of the Plant Closing Act?

"Vesting" occurs when an employee has a non-forfeitable right to receive pension benefits.

Fast Bikes is a bicycle manufacturer,employing about one hundred workers.Competition has been fierce,so sales have remained relatively level for several years.Management decides that they need to retool the manufacturing process and move from aluminum and steel frames to carbon and titanium frames.They announce their plans to the workforce,and further announce that due to the costs of the changeover,raises in the coming year will be suspended,although there will be no layoffs.Naturally,the workers are upset,and they start to discuss unionization.When management hears about the proposed union plans,they announce that they will "close the plant before they let a union tell them what to do." They also meet with employee organizers and tell them that the next time they hear the word "union" spoken on the premises,they will fire all employees participating in unionization efforts.Scared and confused,the employees seek assistance from the National Labor Relations Board.Can the employer make and carry through on its threats?

Sam is a sales representative for a pharmaceutical firm.Sam frequently plays golf with his clients and potential clients.One summer weekend when he is on vacation at his family's home in Myrtle Beach,Sam runs into two of his clients who are attending a medical convention.They arrange to meet and play golf on Sunday.While on the sixth hole,another golfer tees off prematurely,and Sam is struck in the head by a golf ball.Can Sam recover under workers' compensation? What remedies are available to him?

Some subjects,such as "closed shops," are illegal subjects of collective bargaining.

Under which of the following must an employee join the union within a certain number of days after being hired?