Exam 39: Regulation of Employment

The federal-state system that provides unemployment compensation under the Social Security Act of 1935 does not cover which of the following categories of workers?

Under which circumstance will an employee not be entitled to Workers' Compensation benefits for an on-the-job injury?

A defined contribution plan is an employer commitment to make specific future payments to participants upon retirement.

What is the primary function of the National Labor Relations Board?

The rights of an employee to be compensated are governed primarily by the same principles that apply to the compensation of a(n):

"Permissive" subjects of bargaining include seniority provisions,promotions,layoff and recall provisions,no-strike no-lockout clauses,and grievance procedures.

Which of the following categories of individuals are exempt from the minimum wage provisions of Fair Labor Standards Act (FLSA)?

Joe Swartz,an employee of Acme Company,worked for months during company time and used Acme's equipment to develop an idea that he had been nurturing.Finally,the idea came to fruition.Swartz's employer laid claim to the invention on the grounds that the firm's equipment had been utilized on company time.Swartz had obtained a patent on the invention and claimed that his employer had no rights to the invention at all.Who is right? How could an employer guard against such arguments in the future?

An employer has a "shop right" to use an invention of an employee without payment to the employee if the invention was made during working hours with the employer's material and equipment.

An employee is hired to work under the control of the employer and the employer-employee relationship requires the consent of both parties.

The sole issue addressed in the Fair Labor Standards Act is child labor.

Any adversely affected person may challenge the validity of an Occupational Safety and Health Administration (OSHA)standard in a U.S.Court of Appeals.

An employer may be justified in discharging an employee because of the employee's:

In some states,a "service-letter" statute requires an employer on request to furnish a discharged employee with a letter stating the reason for the discharge.

Algonquin Industries was a small business that hired mostly recent immigrants to the United States and paid them a minimum wage.The business prospered and people began to come around to organize the workers into a union.Officials of Algonquin spoke against the advisability of joining the union.Finally,a date for a certification vote was set.In the days leading up to the vote,Algonquin officials began to intimate that those workers who voted against the union would receive overtime opportunities "as they became available." A charge has been brought that this is an unfair labor practice.Decide.

Unemployment compensation benefits probably will be denied:

The NLRA prohibits discrimination against employees for engaging in union activities even if they are warned of the possible consequences of their union activities.

Subject to statutory restrictions,parties are free to make an employment contract on any terms that they wish.

The duties of an employee are determined primarily by the contract of employment with the employer.

The Immigration Reform and Control Act of 1986 (IRCA)sets forth what types of penalties against employers who knowingly hire aliens who have illegally entered the United States?