Exam 15: Employment and Labor Regulations

Non-union workers left work without permission because there was no heat at work and it below freezing in the plant. The company fired them. With respect to this joint action by the workers, you would expect the courts to hold that the workers were:

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. In order for Pierre to work legally in the U.S., what would he have had to provide the management of the Spotted Frog?

If an at-will employee is fired for reporting for refusing to commit an illegal act, the termination may be in violation of public policy.

In Zambelli Fireworks Manufacturing Co. v. Wood, where Zambelli sued Wood for violating the noncompete agreement in his contract, the appeals court held that:

Which of the following workers would not be covered by the FMLA:

The Family and Medical Leave Act applies to all:

Collective bargaining refers to the process by which an employer and a union negotiate a contract for the terms and conditions of employment for a given period of time.

The National Labor Relations Board is composed of members chosen by:

According to the National Transportation Safety Board, alcohol or other drugs were a factor in ____ of all accidents involving truck drivers killed in highway accidents.

For the Family and Medical Leave Act to apply to a private business, the business must have at least ____ employees.

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

The National Labor Relations Act was enacted in three major phases.

If a charge of unfair labor practice is not settled before a hearing takes place, then an administrative law judge will preside over the hearing of the complaint.

Critics argue that federal minimum wage requirements hurt the very groups they are designed to help: the young, poor, and unskilled.

The Taft-Hartley Act does not outlaw which union actions?

Employers obtain documents from non-citizens, but not from citizens, to have as proof of the employees' legal work status in the U.S.

An employee who reports an employer's illegal action in order to expose unsafe conditions is ____ to be protected by the whistle blower exception than an employee who reports an employer's illegal action for private gain.

In Long v. Superior Senior Care, Long was issued on the job and filed for workers' compensation. Superior contended that she was an independent contractor so it was not responsible for such assistant. The Arkansas high court held that:

Which of the following is not a requirement of the Drug-Free Workplace Act imposed on all companies that do more than $25,000 worth of business with the federal government?

The ____ requires employers with 100 or more full-time employees to give advance notice of a plant closing or mass layoff if 50 or more employees will be affected.