Liberty University BUSI 342 exam 4
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FLMA leave is
typically paid and employers are also required to cover the workload for
employees on family leave
Developed
nations are far more likely to provide compulsory, government-sponsored health
plans for all citizens
In companies
that provide defined benefit plans, if the funding is inadequate to pay the
benefits promised, the employees must make up the shortfall
Employees are
generally more satisfied with an employer that provides fewer benefits but does
a better job of explaining them.
An employee
would have limited access to a company’s health plan if the employee’s spouse
works for another company that offers health insurance
Unpaid leaves of
absence generally do not cost the firm much beyond continued benefits for the
employee on leave
Employees are
more likely to stay with employers who provide child-care and elder-care
benefits
Workers cannot
be asked to make financial contributions for coverage under workers’
compensation programs
The concept of
no-fault insurance implies that an injured worker would not receive benefits if
the accident was the employee’s fault
In the U.S.,
part-time employees are most likely to receive health and life insurance
benefits and paid time off and least likely to receive retirement benefits.
Emotional
illnesses such as schizophrenia and depression are considered disabilities
under the ADA
A construction
worker is killed when the scaffolding he was standing on breaks and falls. The
company he works for has violated safety rules several times before and
therefore, the site manager can be arrested and imprisoned for six months for
the crime
Under workers’
compensation laws, employers transfer a portion of employees’ basic compensation
to an insurance fund that would compensate employees for injuries received
while on a job
According to the
Civil Rights Act and Pregnancy Discrimination Act, employers should not prevent
people from working in hazardous jobs because of reproductive concerns
A serious
drawback of most drug tests is that they show impairment of abilities even when
impairment is caused by fatigue or illness and not substance abuse
If an OSHA
compliance officer finds a condition of imminent danger in a workplace, the
officer may get a federal court injunction to close the company until the
condition is rectified.
It is the
primarily the duty of the HR unit in a company to implement disaster and
recovery plans
Julie, a legal
assistant in a company, injures her back while lifting a box of trial documents
onto her desk when working from home. Julie can depend on her company’s workers’’
compensation coverage for treating her injuries
Firms that do
not screen employees adequately can be subject to liability if an employee
commits crimes later
The Occupational
Safety and Health Act provides for on-the-spot inspections by OSHA
representatives
One of the
advantages of using a peer review panel for dispute resolution is the provision
of a due process
It is illegal
for an employer to review an employee’s unusual behavior off the job
Operating managers,
and not HR staff, are the main users and enforcers of rules, procedures, and
policies in a company
In the United
States, whistle-blowers are less likely to lose their jobs in public employment
than in private employment
If employees
have a legal right to some benefit, they also have a moral right to the same
Mere employee
expectations about acceptable behavior and performance cannot legally be
considered an implied contract
If an employer
deliberately makes conditions intolerable for an employee as an attempt to
force an employee to resign, the employer is guilty of wrongful discharge
If drug testing
is done for probable cause, it needs to be based on performance-related
behaviors and not just the substance usage itself
Several
comprehensive whistle-blowing laws fully protect the right to free speech of
both public and private employees
The Polygraph
Protection Act allows the use of polygraphs for most pre-employment screening.
It is illegal
for employers to forbid distribution of union literature during work hours in
work areas
If a grievance
is not settled by arbitration, the grievance procedure requires the grievant to
file the grievance with a federal court
Hiring “union
busters” during the organizing campaign of a union is an unfair labor practice
The Taft-Hartley
Act allows the U.S. Senate to declare that a strike presents a national
emergency
Right-to-work
laws allow a person the right to work without having to join a union
It is the
responsibility of an operating manager, and not the human resources unit, to
engage in grievance prevention efforts in a company
Unions in some
situations have encouraged workers to become partial or complete owners of the
companies that employ them
The Postal
Reorganization Act of 1970 prohibits postal workers from striking and has
established a dispute-resolution process for them to follow
Providing
incentives to employees to dissuade them from organizing is a popular legal
strategy used by employers to prevent unionization
The
Landrum-Griffin Act appointed the U.S. Secretary of Labor to act as a watchdog
of union conduct
Statutory rights
are the result of specific laws or statutes passed by federal, state, or local
governments
The use of
employment contracts is restricted to the hiring of executives and senior
managers
Unionized employees
are free agents, unrestrained by any implied or written contracts
If employees have a
legal right to some benefit, they also have a moral right to the same
An employee has
rights and responsibilities beyond those spelled out in the job description,
employment contract, HR policies, and the employee handbook
Mere employee
expectations about acceptable behavior and performance cannot legally be
considered an implied contract
The
employment-at-will doctrine overrides implied contracts
If an employer
deliberately makes conditions intolerable for an employee as an attempt to
force an employee to resign, the employer is guilty of wrongful discharge
The complaint
procedures used to provide due process for unionized employees often differ
from those for nonunion employees
The use of
arbitration in employment-related situations can be considered unfair because
it is the employers who often select the arbitrators
One of the
advantages of using a peer review panel for dispute resolution is the provision
of a due process
One of the
disadvantages of using transformative mediation for dispute resolution is that
it is less exploratory in nature than other methods
In most states,
public-sector employees have greater access to their personnel files than do
private-sector employees
A citizen’s right
of individuals to freedom of speech granted by the U.S. Constitution is an
unrestricted one in the workplace
In the United
States, whistle-blowers are less likely to lose their jobs in public employment
than in private employment
Several
comprehensive whistle-blowing laws fully protect the right to free speech of
both public and private employees
It is illegal for
an employer to review an employee’s unusual behavior off the job
One industry in which
dress and appearance codes and policies are important is the retail industry
The right of U.S.
citizens to be protected from search and seizure does not apply to employees of
private employers
Employers should
avoid informing employees if employee activities are being monitored so as to
attain undiluted results
Under the Fair and
Accurate Credit Transactions Act, employers are allowed to bring in private
investigators without first notifying the employees under investigation or
getting their permission
The Polygraph
Protection Act allows the use of polygraphs for most pre-employment screening
The dependency on
illegal drugs is not a disability under the American with Disabilities Act
If drug testing is
done for probable cause, it needs to be based on performance-related behaviors
and not just the substance usage itself
Operating managers,
and not HR staff, are the main users and enforcers of rules, procedures, and
policies in a company
Employee handbooks
should be customized to fit a company’s current situation instead of being too
generalized
Including a
disclaimer in an employee handbook that employees can be terminated at any time
with or without cause does not imply that the right of employment-at-will holds
Organizational
newsletters, company magazines, and email announcements are examples of upward
communication within a company
Discipline is a
form of training that enforces organizational rules
Counseling is the
last step before the termination of an employee in the positive approach to
discipline
For separation
agreements to be legally enforceable, the considerations usually should be
additional items that are not part of normal termination benefits
Workplace accident rates have been decreasing for years. This has also
reduced the amount of accident costs for employers
Older workers have lower frequencies of disabilities but when they are out
from work due to a disability, they are out longer than younger employees
Self-employed persons have a lower accident rate than employees because
self-employed persons work at their own speed and can rest if they become
fatigued
As the new HR director for a company with a history of OSHA violations and
haphazard records of workplace hazards and accident records, your best option
to reducing the company’s exposure to lawsuits is to purchase Employment
Practices Liability Insurance for the company
A high-level executive with a U.S. firm and her family is being
transferred to Sweden. Kidnap and ransom insurance would probably be a
justifiable expense in this case
During a fire at nursing home, Brendan inhaled smoke while trying to
rescue the patients, resulting in permanent lung damage and post-traumatic
stress disorder. This would need to be reported as an OSHA incident and Brendan
would be covered by workers’ compensation for both the lung damage and the PTSD
Julie works for a law firm and telecommutes from an office in her home
three days a week. One day, Julie is
lifting a box of trial documents onto her desk and injures her back. Julie’s injury is probably covered by her
employer’s workers’ compensation plan
Federal child labor laws forbid employers to allow anyone under the age of
21 from working in a hazardous occupation
In an attempt to increase employment for disabled persons, the ADA
requires employers to make accommodations for injured employees by providing
them light-duty work
If an employee has been injured at work and must stay home to recuperate,
the employer may not require the employee to use up his/her FMLA leave at the
same time
In the U.S. the prevailing approach to major industrial disasters such as
the BP Deepwater Horizon explosion which killed 11 workers is that they are
“acts of God” and unavoidable
If the construction company management should have known that some of its
Somali employees did not understand English well enough to comprehend the
instructions for safe use of scaffolding, and if an employee is injured on the
scaffolding because of improper use by one of the Somali employees, the company
will be probably be guilty of violating OSHAs general duty clause
HR is required to maintain central files of material safety data sheets so
that the MSDSs can be rapidly accessed by supervisors in case of employee
injury
Munster Garden Tool, Inc., displays all posters from government regulatory
agencies, including OSHA, on the back wall of the parking garage. All employees
know the posters are displayed in this location, but few employees pass this
spot in their daily work routine. Munster is in violation of OSHA
Gerard is the HR manager in a firm that designs and manufactures expensive
custom-made furniture. Because the
workers use both manual and electrical equipment, cuts and scrapes are fairly
common. Gerard should make sure that the
company has bloodborne pathogen control, plans and employee training
Some workplaces have areas designated as “hard hat areas.” This would come
under OSHA’s regulations for ergonomics
Cumulative trauma disorders are most likely to occur when a worker is
required to stand for long periods of time in the same place such as when doing
assembly-line work
It is illegal to bar fertile women from jobs that might harm their fetuses
if they became pregnant
If an OSHA compliance officer shows up at a workplace with a search
warrant, the company can request a 24-hours grace period before the compliance
officer can enter the workplace
If an OSHA compliance officer finds a condition of imminent danger in a
workplace, OSHA may have get a federal court injunction to shut down the
company until the condition is rectified
Many of the work sites at which workers are injured are work sites that
have not been inspected by OSHA in the previous five years
A worker for a highrise window washing company has fallen 12 stories to
his death due to a faulty scaffold. The CEO of this company, which has
repeatedly been cited by OSHA for unsafe scaffolding, could spend six months in
jail
The individual approach to safety is based on the assumption that if
machines are designed with safety features it will be difficult or impossible
for employees to hurt themselves
Benchmarking of safety data across different companies in the same
industry is not useful because each company has unique operating processes
A company that manufactures parts for windmills has seen demand for its
products go so high that it will need to ask employees to work four hours of
overtime daily for the foreseeable future. The HR director has warned that from
a safety perspective, it would be better to hire additional employees than to
ask current employees to work overtime. The HR director is correct
The majority of states require all but the smallest employers to form
safety committees
A good way to measure the usefulness of a workplace safety English program
for employees who speak English as a second language would be to calculate the
cost-per-employee of the program
A serious drawback of fitness for duty tests is that they show impairment
of abilities even when the impairment is caused by fatigue rather than
substance abuse
The Department of Transportation requires drug testing for workers in
certain occupations and industries, whereas drug testing is optional for most
other employers
One of the architects at a major firm began acting erratically. Numerous
medical tests ruled out physical causes, such as a brain tumor. The final
diagnosis was a type of psychosis. This architect is NOT protected by the ADA
because this is a mental, not a physical, ailment
OSHA regulations ban all smoking in the workplace
Obese employees are more expensive for employers than are employees who
have optimal weight
Ingram Import-Export, Inc.offers annual health screenings that take blood
pressure, screen for vision defects, calculate body mass indexes and such.
Ingram is operating at the “lifestyle wellness” level of health promotion
Most employees who are victims of homicide at work are killed by a
co-worker
Employers are turning to online EAPs to counsel troubled employees. Not
only are these programs less expensive than traditional EAPs, employee outcomes
are comparable
A nurse on the night shift is being subjected to threatening phone calls
at work by a former boyfriend. She has gone to HR to express her fear that he
is going to wait for her in the hospital parking lot one night, even though
this man has never specifically said this. It is NOT the employer’s
responsibility to take action
Martina, the HR director for a metropolitan TV station, has disciplined
and now terminated an employee who has been behaving erratically, being uncivil
to coworkers and making verbal threats against her supervisor. Since the TV
station does not have a code of conduct and firm policies on appropriate
employee behavior, Martina is opening up the company to a potential lawsuit if
the employee is later diagnosed with a mental illness
An effective way to reduce the threat of homicides in the workplace
committed by criminals is to restrict access to the facility
Most companies prefer to use in-house security staff because of the risk
of outsiders gaining access to confidential or proprietary information
A lesson of Hurricane Katrina is that databases located outside the
affected region (rather than in the same area as the hurricane damage) allowed
some companies to be able to locate employees and continue services such as
benefits delivery and paychecks
The director of HR for a company with a branch office in Beijing has been
informed that there is an outbreak of avian flu in the city. The director’s
first actions should be to test all of its Beijing employees who are U.S.
nationals and to evacuate those U.S. employees who test negative for the flu
Organizations
rarely view benefits as an effective retention tool because employees generally
have very little understanding of the benefits provided by their employers
Most benefits,
except for paid time off, are taxed as income to employees
Developed nations
are far more likely to provide compulsory, government-sponsored health plans
for all citizens
The United States
is the only major developed nation that does not guarantee workers paid sick
leave
In the U.S.,
part-time employees are most likely to receive health and life insurance
benefits and paid time off and least likely to receive retirement benefits
Increases in
employer expenditures for benefits are growing faster than increases in wages
for employees
Employees are generally
more satisfied with an employer that provides fewer benefits but does a better
job of explaining them
Legally required
benefits make up more than half of the total cost of benefits
Increasing the
retirement age for employees is a strategy to keep the Social Security program
insolvent
The concept of
no-fault insurance implies that an injured worker would not receive benefits if
the accident was the employee’s fault
Workers cannot be
asked to make financial contributions for coverage under workers’ compensation
programs
An employee who is
out of work and actively looking for employment can receive up to 26 weeks of
pay through unemployment compensation
Workers in the
private sector are far more likely to have a defined benefit plan than workers
in the public sector
In companies that
provide defined benefit plans, if the funding is inadequate to pay the benefits
promised, the employees must make up the shortfall
Defined
contribution pension plans offer greater security to employees because these
benefits are guaranteed by the Pension Benefit Guaranty Corporation (PBGC).
Employees find
401(k) plans unattractive because these plans require employees to pay higher
income taxes during working years
Violations of the
Employee Retirement Income Security Act (ERISA) can lead to disqualification of
a pension plan
According to the
Patient Protection and Affordable Care Act, enrollment in health coverage is
mandatory for every citizen
Copayments are
costs that an insured pays for medical treatment
Copayments are paid
by insured individuals to cover their entire medical expenses
An employee would
have limited access to a company’s health plan if the employee’s spouse works
for another company that offers health insurance
Divorced spouses
and dependent children of former or current employees should be offered
extended health care coverage under the COBRA
Long-term
disability insurance provides continuing income protection for employees who
become disabled and are unable to work
The federal
government mandates a minimum of two weeks severance pay for older employees
who are asked to retire early
Only employees who
have worked at least 12 months and 1,250 hours in the previous year are
eligible for leave under the FMLA
FMLA leave is
typically paid and employers are also required to cover the workload for
employees on family leave
Employees are more
likely to stay with employers who provide child-care and elder-care benefits
Union contracts
have an impact on the number of paid holidays offered by organizations
Research has shown
that absenteeism because of illness is lower when employees are not paid for
sick time
Unpaid leaves of
absence generally do not cost the firm much beyond continued benefits for the
employee on leave
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