Exam 12: The employment agreement

The Occupational Safety and Health Administration (OSHA)has safety requirements but no requirements regarding recordkeeping.

The WARN act requires employers to give employees at least 120 days advance notice of a plant closure affecting at least 50 employees.

The Patient Protection and Affordable Care Act prohibits insurers from denying health-care coverage or charging higher premiums due to preexisting conditions.

Under federal law,it is illegal to employ anyone under the age of _______,except in specified agricultural occupations.

The ban of the Fifth Amendment to the U.S.Constitution on unreasonable searches and seizures applies only to governmental activity.

Because federal law preempts the area,states have not enacted legislation regarding drug testing of private employees.

Fact Pattern 12-1 Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. -Roxanne has a serious heart condition. She has worked as an administrator with employer-sponsored health insurance at Big Company for ten years. She has been offered a great job at Up and Coming Company that she would like to take. It pays slightly less but has great opportunities for advancement. Up and Coming has health insurance,but there is a preexisting condition with the insurance excluding coverage for any preexisting health condition for six months. Roxanne says that if she takes the job at Up and Coming she will not be able to afford to continue her health insurance from Big Company. Up and Coming wants her to start immediately. She is in a quandary about what to do. What would you advise her to consider?

The Employee Polygraph Protection Act completely bans the use of polygraph exams.

Rights under the Employee Polygraph Protection Act can be waived in advance by the employee.

List the factors set forth in the text that may give rise to an implied obligation to discharge the employee only for good cause in jurisdictions recognizing the contract-based implied contract judicial exception to the employment-at-will rule.

Fact Pattern 12-1 Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. -Refer to fact pattern 12-1. If Ricardo comes to the U.S.to work with appropriate documentation,for how long will he generally be authorized to work?

A ______ plan is a defined contribution pension plan funded with contributions by the participants or a combination of participant and employer contributions.

The National Labor Relations Act prohibits employers from discriminating against any employee to encourage or discourage membership in any labor organization.

Which of the following federal laws governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans?

Payment of workers' compensation is based on fault.

The National Labor Relations Act prohibits employers from interrogating employees about union sentiment or activity.

Which of the following is true regarding genetic testing by employers?

The ______ prohibits employers from using genetic information to make decisions about hiring,firing,or compensation.

The first minimum wage was set at