Exam 15: Employment and Labor Regulations

Which of the following actions are employers least likely to be able to take when it comes to drug testing?

The Norris-La Guardia Act generally prohibits federal courts from issuing injunctions in nonviolent labor disputes, such as strikes.

Under ERISA, which of the following employees would be eligible for participation in employee benefit plans:

Workers who are injured at work and collect workers' compensation benefits may not sue in tort except in rare cases.

Fact Pattern 16-1 Spotted Frog Winery California, produces 75,000 cases of wine a year. It employs 52 full-time workers and, during harvest, another 25 people as pickers. During the 2011 harvest, some employees were unhappy about working conditions and discussed unionizing. They contacted the Winery Workers of America (WWA) for help. Spotted Frog management was upset. If it had to pay workers more (as the union promised), the winery would lose its slim profits. Believing he was acting correctly, the president distributed a memo stating that any employee caught discussing unionization would be fired. Pierre, the wine master at Spotted Frog, was furious about the memo and became an advocate for the union cause. Management would not fire Pierre because he gave their wine its unique taste. But they did fire ten employees who spoke with Pierre. WWA collected authorization cards from employees, requested a representation election, and won a close election. The union, with Pierre as its agent, began negotiating a collective bargaining agreement. Negotiations went badly as the management rejected every proposal. WWA called a strike against Spotted Frog. After two weeks, management caved in and signed a contract, so its employees returned to work. As Pierre entered the winery, he did not see some grape skins on the floor. He slipped and was injured. -Refer to Fact Pattern 16-1. Assume WWA was certified as the collective bargaining agent. 46% of the workers do not join the union. According to Supreme Court decisions, what part of union expenses will these nonunion employees be responsible for paying?

The National Labor Relations Board has jurisdiction over labor cases involving:

To be sure of passing an audit, employers should collect more documents than is minimally required to accompany the I-9 form.

State licensing and regulation of occupations may:

A company that has more than $25,000 worth of business with the federal government and does not publish and distribute a statement notifying employees that the use, distribution, or possession of drugs in the workplace is prohibited would be in violation of:

When an employee reports an employer's illegal act it is referred to as:

Over the years, charges filed with the NLRB against unions have outnumbered those filed against employers almost two to one.

In Zambelli Fireworks v. Wood the appeals court held that the noncompete agreement Wood had signed with his former employer, Zambelli, was reasonable and could be enforced.

Primary boycotts are generally illegal under the NLRA.

An exculpatory agreement is one in which:

Many workers' compensation systems are running out of money due to:

Which of the following was concentrated on by early job-safety legislation:

The U.S. Chamber of Commerce found that workers who are substance abusers are no more likely that any other worker to suffer an injury or to cause one.

In a movement to unionize, employees of a company sign:

Legal standards, in the area of drug testing, are:

The main concern of the National Labor Relations Board is with: