c. allows polygraphs of employees only to determine illegal drug use by them. a. C. employers must comply with specific health and safety standards. Which of the following is NOT true regarding the enforcement process under OSHA (the Act)? The company: C. No, because this was not part of an on-going investigation. Jimmy is the union head at Hoffa Enterprises. Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. D. states that the particular worker requests the specified union to act as his or her sole bargaining representative. The primary English law of employment established that employees would be hired: The workers at Thom Trucking went on strike over wages. Which of the following is generally required to establish just cause for a termination? B. any employee working without an employment contract for an employer. C. the union must receive over 50% of the vote. Did management violate any laws through their discussion with Xavier? This federal law established guidelines for polygraph testing and imposed restrictions on most private employers. end the test at any time. Which of the following acts requires employers to keep records of all workplace injuries and accidents? Bethany works at Burly Bike Co., where she assembles bicycles. Hank told his boss about his wooziness and headaches and the fact that the exhaust fan stopped working. Is such a violation of the NLRA? For which of the following strikes, permitted under the NLRA, is a union member entitled to her job back, even if that means the employer must lay off a replacement worker? Who is violating the National Labor Relations Act (NLRA)? The Civil Rights Act of 1964 The Fair Credit Reporting Act The Employee Polygraph Protection Act. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam. I'll give you our demands and, if you don't meet them, we strike." The National Labor Relations Board (NLRB) decided the firing was legal. D. Employers may not require, or even suggest, that an employee or job candidate submit to a polygraph test except under a few exceptions. Employers a. only if the test is having discriminatory effects. The employees at City Salvage, Inc. went on strike. Prohibitions on lie detector use. Employee Polygraph Protection Act: Definition. Which of the following strikes is allowed under the National Labor Relations Act (NLRA)? In order to be substantially limiting, a condition must: Under Title VII, the concept of "religion" is limited to: To qualify a. at least 1250 hours during the previous 12 months. When an employer is replacing striking employees in large numbers, the WARN notice is compulsory. Can the hospital legally fire Vicky for her glass blowing? Question 6.6. D. Not having records of all workplace injuries and accidents is a violation of OSHA. How is the employment at will doctrine currently defined? Gilbert tours the plant and finds it is up to code. The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Postal Service. During the Industrial Revolution, society considered an employee at will as: Which of the following is (are) requirement(s) of the Family and Medical Leave Act (FMLA)? D. All of these are legal exceptions to the employment at will doctrine. on the Judiciary. Under the Employee Polygraph Protection Act: a. employees have a right to review all questions before the test begins. The Employee Polygraph Protection Act (EPPA) is a U.S. federal law that generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment. The Department of Labor administers and enforces the Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. Some states have made following OSHA regulations mandatory. The Americans with Disabilities Act (ADA): An employee can be considered disabled under the ADA if: In order a. meet the same job-related education, skill, and background requirements as other job candidates or employees. The Immigration b. requires that employers not discriminate based on national origin and citizenship. OSHA is the abbreviation used for both the Occupational Safety and Health Act and the Occupational Safety and Health Administration. The Employee Polygraph Protection Act. Medical exams conducted following conditional offers of employment are unrestricted in scope. Which of the following statements is most correct about the legality of drug testing? A union must petition the NLRB for an election if the employer does not voluntarily recognize the union. Which of the following is true of OSHA's permanent standards? When Shiloh interviewed for a sales job at a medical supply company, the interviewer promised that she could work exclusively selling medical devices and would not have to be involved in the sale of drugs. What does the Employee Polygraph Protection Act do? 95th Cong. C. illegal since Lydia had a one-year contract. Which b. the right to fair pay and benefits. The Employee Polygraph Protection Act (EPPA) is a workplace posters poster by the Federal Department Of Labor. No, unless the NLRB first orders an election. B. for a year at a time, in the absence of a contract. Malcolm wants to prevent the union, as a raise in the nurses' salaries will come out of his bonus pay. He was subsequently fired. Notice of protection § 2004. These are a set of restrictions that apply to private employees unless exemptions exist. Exemptions § 2007. C. If the company wants to her to take a polygraph test, it needs to give her written notice and allow her to bring her lawyer. Employees contacted the International Brotherhood of Electrical Workers, which began an organizing drive. Vicky is a brain surgeon in California. D. violate the National Labor Relations Act. In addition, the employee cannot be asked any questions... that were not revealed in advance, any questions that are unnecessarily intrusive or degrading, or questions about religious beliefs, sexual activities, or certain other matters. Regarding the interrelationship of federal and state employment laws: c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws. The Drug Free Workplace Act of 1988 requires that: Which of the following b. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act? At the time, Appleton Mills was desperate for workers and signed her to a one-year contract to operate a loom. In order to be a "qualified individual with a disability," a disabled person must: Under a. clearly identify the essential functions of jobs. Exemptions. Notice of protection. Ursula loses her job two weeks before she is supposed to have her tonsils removed. Ursula is afraid she is going to have to reschedule her surgery, because it would be too expensive to pay out of pocket. How does the modern day "employee at will" rule in the United States compare to the rule in place during the Industrial Revolution? Select one: True False Feedback The correct answer is 'False'. She has thrice been taken to the hospital for tests and check-ups. The EPPA applies to most private employers. The teacher handbook demands formal hearings prior to any suspension or firing. The Employee Polygraph Protection Act. The Federal Employee Polygraph Protection Act: a. only prohibits the federal government's use of polygraphs for making employment decisions. She tells Waldo, the union head, that she knows they need to go through the motions of collective bargaining, but she can guarantee the two sides are not going to reach an agreement on wages and hours because she is just going to refuse any demands the union makes. Employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions. The duty c. requires that employers supply unions with information relevant and necessary to bargaining effectively. FMLA. However, there are certain exemptions to this rule. His boss told him the fan would be expensive to replace, so Hank should just make sure he leaves the room when he takes his break every three hours. Her employer threatens to fire her if she talks with other workers about union activity in the presence of customers while she is working. Which statement is correct? One morning, Jeff stands by the entrance to the plant and hands out flyers detailing why workers should join a union. Triec, Inc., is a small electrical contracting company in Springfield, Ohio, owned by its executives Yeazell, Jones, and Heaton. This requirement applied to off-duty time as well as job-related time. Courts and government agencies act only after employees come forward with complaints about violations of the law. Illustration of the Employee Polygraph Protection Act poster. Susan is a manager at HelioCorp, where Jeff is a non-supervisory worker. C. Verbal promises made by the employer are generally enforceable. Which c. If they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee. Under the Employee Polygraph Protection Act, private employers generally are forbidden from using lie detector tests while screening job applicants. (Revised July 2008) The Department of Labor administers and enforces the Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the. Which of the following is a necessary element of a sexual harassment claim? Josh was a teacher at a public elementary school. 2006. Basic Provisions/Requirements. TCO 9: John's employer has a reasonable suspicion that John has been involved in a theft of several thousand dollars worth of tools. 2008. The Civil Rights Act of 1964 The Fair Credit Reporting Act The Employee Polygraph Protection Act. The Employee Polygraph Protection Act (EPPA) is a U.S. federal law that generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment. On what grounds could they have reached this conclusion? Correct Question: The Employee Polygraph Protection Act prohibits employers, including federal, state, and local government agencies, from using polygraphs for preemployment screening purposes. One day she spills a vial of blood. Which of the following is true? Effect on other law and agreements Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. D. Yes, because the company interfered with the union organization. Lydia moved to Lowell, Massachusetts, during the Industrial Revolution. Can they? Employee Polygraph Protection Act. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions. A principal objective of the Occupational Safety and Health Act is: Which c. They are adopted only after a lengthy process of public hearings and documentation. Which of the following is prohibited by the wrongful discharge legal exception to the employment at will doctrine? A. Toucan cannot stop the employees from organizing a union. That afternoon, she was fired. Donny fired Willie. Do Jimmy's comments violate the National Labor Relations Act (NLRA)? A principal b. preventing injuries and illnesses on the job. a. To encourage an employer to discriminate against a particular employee because of a union dispute. Every employer subject to the Employee Polygraph Protection Act (EPPA) shall post and keep posted on its premises a notice explaining the Act, as prescribed by the Secretary of Labor. Trico, Inc. offered its employees an additional week of vacation time if they defeated the unionizing effort. After Halliborton hears the issues raised by Xavier, what must management do? B. They feel their working conditions are unacceptable. Megan is applying for a job at a pharmaceutical company that sells opioids, a controlled substance. The Employee Polygraph Protection Act of 1988 generally prohibits employers from requiring or causing employees or job applicants to take lie-detector tests or suggesting that they do so. When Toucan's owners heard about the employees' discussions, they sent an e-mail to all the workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves—we do not need union activists from outside our company trying to tell us what to do!" Another factor possibly interfering with reliable test results is … Six of the eleven employees in the bargaining unit signed authorization cards. In the absence of a specific legal exception, an employee at will can be fired for any reason. Yes, regardless of whether the union wins the vote. Xavier works as a security guard for Halliborton. The Employee Polygraph Protection Act (EPPA) is a federal law that basically prohibits lie detector tests (like polygraphs) in private employment. Hilary is the CEO of her company, which has a unionized workforce. Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. The other teachers and the parents are also a bunch of clowns!" If Adam plans to take leave from his job to take care of his sister, he is, under the FMLA, entitled to: A. C. The employer made an unfavorable reference AND the employer made an untrue statement about the employee. To be eligible for unemployment insurance: Legal issues concerning downsizing include: The Sarbanes-Oxley d. HR exempt-level professionals must have professional certification. B. applying for jobs at pharmaceutical firms dealing with controlled substances. Edwin provided evidence of falsified financial reporting at his employer, a publicly traded company, to federal securities investigators. Under the ADA, performance appraisals for disabled persons: Performance a. should cite specific instances of good or bad performance. Employee Polygraph Protection Act Introduction The Employee Polygraph Protection Act (EPPA) came into existence On December 27, 1988. Wanda and some of her fellow employees think they want to form a union, but the employer does not want them to form one. Concerning the Employee Retirement Income Security Act (ERISA), it is correct to say that: Which c. National Labor Relations Board (NLRB). Once she began work (as an employee-at will), Shiloh discovered that the sales force was organized around regions, not products, so she had to sell both devices and drugs. The Drug b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace. After a hard eight-month strike, the union and the company reached an agreement. Structured interview: Definition. Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. She wants to make some extra money so that she can afford to buy a new set of skis and a season pass to her local ski resort. Which of the following can Malcolm do without violating the NLRA? Title VII of the Civil Rights Act: b. applies to employers that have 15 or more employees, c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment, Under a. notify an applicant that the employer plans to reject him/her based on information from a credit report. Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. d. all of the above Gilbert is an OSHA inspector. Harassment is legally actionable because it is a form of discrimination. Employers are generally prohibited from requiring or requesting any employee . Why? 2003. On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. A. There is an exhaust fan in the room where he paints, but it stopped working a few months ago. Basic Provisions/Requirements. Title VII. Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Section 7 rights")? Has Fendly's violated the National Labor Relations Act (NLRA)? Can the employer make this change? Which of the following statements is correct? Bethany works at Burly Bike Co., where she assembles bicycles. The pair create an online chat room, to which they invite Fendly's other counter clerks, and where the topic of conversation is the unreasonable conditions in their workplace. In talking to the plant manager, he is told the plant has had a few accidents in the past, but the manager doesn't really remember the details and there aren't any records of what happened. Money left over in the capital equipment budget is applied to the operating budget. Today, only about 6.6% of all workers are union members. The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests either for pre-employment screening or during the course of employment, except with certain exemptions such as workplace theft. Three months later, an influx of new workers arrived from the country, all of whom were willing to work for much lower wages than Lydia was receiving. The law does not cover federal, state, and local government agencies. Sally works for the U.S. The first thing he says to the management representatives when he walks into the negotiating room is, "There's no reason to tell me what your side wants. As part of the investigation, John undergoes a polygraph … FMLA. What protections does common law provide during the hiring process? The management and union at TriColor have bargained for two years without reaching an agreement. Employee Polygraph Protection Act. § 2003. This is a legal lockout. Human Resource Development Test over Employment Laws. Definitions. The employee polygraph protection act is a United States federal law enacted in 1988 to guard against unwarranted lie detector tests for prospective or current employees of a private business. The EPPA was enacted in 1988. In responding c. discuss the disabled employee's need for accommodation with other employees. To be a. the employee must be involuntarily unemployed. Managers at Halliborton want to prevent the union. §§2001 et seq. B. Mac works as a bookkeeper for Robots R' Us. During a polygraph test, the employee has the right to. The Sarbanes-Oxley Act has had all of the following effects on HR EXCEPT. His explanation is that the danger that Vicky will burn her hands is too great for the hospital to bear. Which of the following is a determinant of whether Mac is entitled to overtime pay? The director of the hospital where Vicky works tells her that if she doesn't stop blowing glass, he is going to have to fire her. What fact might make Ursula feel better? Under the ADA, it is important that job descriptions: Which a. providing a part-time or modified work schedule. OSHA requires employers to keep records of: If an employee is an employee at will, the traditional rule was the employer could fire the employee for a good reason, a bad reason, or no reason at all. Beth works in a medical lab. Malcolm the manager hears that some nurses at the hospital want to form a union. D. No, because the strike was an economic strike. The Employee Polygraph Protection Act permits most private employers to use lie detectors in "pre-employment testing." D. All of these are unfair labor practices for an employer. Xavier is thinking about joining a union. The Fair Credit Reporting Act refers to which two kinds of reports? 2002. Xavier wants to form a union at his place of employment, Halliborton. C. applying for jobs in the public transport sector. Which of the following should be included in an employer's policy prohibiting harassment? After school one day, he posted on his Twitter feed, "Gosh, my principal is unreasonable. Did the company violate the NLRA? THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. Xavier is the local union representative and seeks to enter negotiations with his employer, Halliborton. Dennis is applying for employment at EverTough Manufacturing. A. The U.S. federal law established guidelines for polygraph testing and imposed restrictions on many private employers. A. What organization is responsible for monitoring workplace safety? While the prior laws emphasized duties and responsibilities, the "employee at will" rule emphasized the freedom to contract. To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked: Which of the following is a "qualifying event" under the FMLA? Several workers at Toucan, Inc., were interested in organizing a union. A. any employee could be fired at the employer's discretion unless bound by a work contract. 1932, Congress passed what legislation prohibiting federal court injunctions in nonviolent labor disputes, thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends? The Employee Polygraph Protection Act of 1988 prohibits most private employers from doing all of the following except a. requiring or causing employees or job applicants to take lie-detector tests. on the Constitution of the Senate Comm. The Employee Polygraph Protection Act (EPPA) is administered by the Wage and Hour Division (WHD). 11/ Hearings on Polygraph,,Controland Civil Liberties Protection Act bzore the Subcomm. Which of the following are unfair labor practices for an employer? Under the "payroll method" approved by the U.S. Supreme Court: d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked. Under the Fair Labor Standards Act, a "workweek": Which b. b. using, accepting, or referring to, or asking about the results of lie-detector tests taken by employees … She believes she has a legal right to her job, especially since she was a faithful employee for over 20 years. Which of the following is an unfair labor practice for a union? 2. The Uniformed Services Employment and Reemployment Rights Act (USERRA). A collective bargaining agreement, or CBA, is: D. is the exclusive representative of all the designated employees. b. completely prohibits all use of polygraphs by employers. Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if: Which c. Injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence. This is a mandatory posting for all employers in the United States, and businesses who fail to comply may be subject to fines or sanctions.. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant … Shortly thereafter, the company began hiring permanent replacement workers. The paint he uses emits strong fumes that after a few hours make Hank woozy. The replacement worker that took over her job was retained. Has the company acted legally regarding the polygraph test? TITLE 29 - LABOR CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. Valley Mart has committed an unfair labor practice. Money left over in the capital equipment budget is applied to the operating budget. 29 USC CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. Question 6.6. Distinguishing between employees and independent contractors is important because: If a worker is an employee, the employer must: Which of the following is a protected class characteristic? B. employers are prohibited from interfering with union organizing efforts. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. The blood seeps through the cotton gloves the lab gave her to wear and gets into a cut on her finger. 1st and 2d Sess. Adam's sister is bedridden with an illness. The United Mine Workers of America (UMWA) began an organizing drive. The Employee Polygraph Protection Act protects job applicants from being subjected to polygraph tests in cases of: Generally, worker's compensation statutes are voluntary and employers can elect to participate or not. D. Helping take care of horses at a local farm one day per week after school. If Willie is an at will employee, what is true? The law does not cover Federal, state, and local government agencies. prohibits the use of polygraphs for pre-employment screening purposes except for Federal, State, local govermet agencies, and pharmaceutical: Term. Which of the following is true of harassment? She discovers that her manager has been running a mail fraud scheme, where he has friends send packages in the mail and then report them as missing or damaged. Enforcement provisions § 2006. Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours. Her doctor suggests immediate hospitalization and predicts a subsequent stay for the duration of at least two months. Federal Employee Polygraph Protection Act (EPPA) Poster Required. The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. A manager told one of the miners that the company would get rid of union supporters. 2007. The EPPA was enacted in 1988. Blaw chapter 21 Answer False Question 5 1. D. Civil Service Reform Act and Whistleblower Protection Act. C. would be liable to Roxanne only if there is a state statute prohibiting employers from adopting such job requirements. b. employees can be disciplined or discharged for refusal to submit to a polygraph. When the election was held, only two of the eleven bargaining unit members voted for the union. According to contract law, oral promises made during the hiring process can be enforceable: Under the employee at will rule established during the Industrial Revolution, which of the following was not a valid reason for an employer to fire someone? interview that uses a set of standardized questions asked of … The Electronic Communications Privacy Act: In a b. a quit is treated as a termination because circumstances forced the employee to leave. Which d. OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials. D. this is something that could be addressed in the next round of collective bargaining. Under d. played no role in their employment practices. The Americans a. applies to private sector employers with 15 or more employees. Adam works at AI Co., a multinational corporation. A. applying for jobs at private multinational corporations dealing with information technology. Does the employer have a legal right to make this threat to Zoe? Nora and Jim both work as counter clerks at Fendly's Ice Cream Shop. However, before you can be required to take such a test as part of an investigation of an employment-related crime, you must be given a written notice, at least 48 hours before the test, stating that you are a suspect. c. The EEOC encourages the parties to discrimination cases to use mediation. 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