Exam 21: Employment Laws

Serena, who had worked for Global Tech for nearly 30 years, was hospitalized for having suicidal thoughts. One day, Serena notified her supervisor that she would be unable to work for at least one month. Global Tech mailed Serena an FMLA packet, which she completed and forwarded to her health care provider for certification. Global Tech denied the plaintiff's FMLA request because the supplied medical information was insufficient to support a serious health condition. Serena asked the hospital to provide additional medical information to the defendant, which Global Tech received the following day. A few days later, Global Tech notified Serena in a letter that she was terminated for her failure to supply medical information as required by the company. Serena sued her employer for interfering with her FMLA leave rights. Is she right?

Jack works as a mechanic in Cars Unlimited, an automobile manufacturing company. While employed as a service technician for the defendant, Jack suffered back injuries in March 2005 and April 2005. Though he requested to go home, he did not submit a written injury report and refused medical treatment. Jack was absent through the month of June, calling in sick each day without providing any other information and not seeking medical treatment during this time. As Jack had exhausted his available sick leave and vacation leave, he was terminated when he returned to work on July 3, 2005. Can Jack sue his former employer for failure to reinstate and wrongful discharge in violation of the Family and Medical Leave Act (FMLA)?

Common ailments in which the employee has had a preexisting disease are not compensable as "accidental injuries."

When may public employees be drug tested?

Public employees are protected from some drug testing by the ____ Amendment's prohibition against unreasonable searches.

Employers have the right to retaliate against anyone assisting in the enforcement of USERRA rights, provided that person has no service connection.

The Age Discrimination in Employment Act forbids age-based discharge of employees over age:

Sarah negotiated with her boss and works from 7:00 a.m. to 7:00 p.m., Mondays through Thursdays, with an hour for lunch and an hour for dinner each day. On Election Day, the polls are open from 7:00 a.m. until 7:00 p.m. and there are long lines at the polling station. She requests permission from her boss to cast her vote and asks for an extended lunch or dinner break. He refuses and tells her that she will be fired if she takes extra time off. Which of the following is true?

Which of the following is true of OSHA?

States may set minimum wage amounts that are lower, not higher, than the federal minimum wage.

Under the FMLA, the employee's parents in law do not qualify as an immediate family member.

Employees that publicly disclose illegal or unethical behavior on the part of their companies are called:

The FLSA requires employers to provide reasonable break time for nursing mothers.

The penalty for failure to comply with the WARN notice is back pay to employees to cover the required 60-day period.

A WARN notice covers a mass layoff involving loss of employment of _____ in a _____ period.

What are the provisions of the IRS Whistleblowers Rewards Program?

Under the FLSA, the overtime pay for workers is:

The National Drug Prevention and Testing Act of 1994 includes uniform guidelines regarding the drug testing of employees.

The exclusive remedy rule is applicable to employers in the case of intentional as well as accidental injuries of workers.

A WARN notice is mandatory for a case that relates to the sale of a business.