Jagger was fired for refusing to take the polygraph test. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or § 2003. B. employers are prohibited from interfering with union organizing efforts. 2008. Which of the following is generally required to establish just cause for a termination? The teacher handbook demands formal hearings prior to any suspension or firing. One day she spills a vial of blood. Yes, regardless of whether the union wins the vote. 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. All of these are unfair labor practices for an employer. Hank works in a doll factory, where he paints the faces on new dolls. Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so. 2002. To be a. the employee must be involuntarily unemployed. Employee Polygraph Protection Act What is the Employee Polygraph Protection Act? Sec. Her doctor suggests immediate hospitalization and predicts a subsequent stay for the duration of at least two months. Another factor possibly interfering with reliable test results is … Triec, Inc., is a small electrical contracting company in Springfield, Ohio, owned by its executives Yeazell, Jones, and Heaton. Which of the following is true of harassment? 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. A. Toucan cannot stop the employees from organizing a union. This requirement applied to off-duty time as well as job-related time. In the 1950s, about 25% of the U.S. workforce belonged to a union. B. a. Is such a violation of the NLRA? Effect on other law and agreements Appleton fired Lydia and replaced her with a man from this group of new arrivals. Which d. Drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge. The management and union at TriColor have bargained for two years without reaching an agreement. The company: C. No, because this was not part of an on-going investigation. The duty c. requires that employers supply unions with information relevant and necessary to bargaining effectively. That afternoon, she was fired. A. Which of the following should be included in an employer's policy prohibiting harassment? B. only if Dennis exhibited behavior that would be potentially dangerous. Strict standards are set in the legislation that outline when polygraph examinations may be conducted and under what circumstances. The other teachers and the parents are also a bunch of clowns!" 2007. The paint he uses emits strong fumes that after a few hours make Hank woozy. Employers a. only if the test is having discriminatory effects. The Immigration b. requires that employers not discriminate based on national origin and citizenship. The decision, Cummings v. Washington Mutual, is the first in recent memory from a court with jurisdiction over Florida. https://www.polygraph.org/employee-polygraph-protection-act-eppa- Which of the following strikes is allowed under the National Labor Relations Act (NLRA)? C. would be liable to Roxanne only if there is a state statute prohibiting employers from adopting such job requirements. A. any employee could be fired at the employer's discretion unless bound by a work contract. Which of the following is generally true regarding the process of enforcing employment laws? B. for a year at a time, in the absence of a contract. In order to be a "qualified individual with a disability," a disabled person must: Under a. clearly identify the essential functions of jobs. 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. Does the employer have a legal right to make this threat to Zoe? interview that uses a set of standardized questions asked of … 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. 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. 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 following is a brief summary of the essential elements of the law. Which of the following statements is most correct about the legality of drug testing? As a result, Beth decides to get an HIV test to make sure she has not been infected. Under the Pregnancy Discrimination Act (PDA): The Uniformed b. 2001. After notifying the union, TriColor prohibited the workers from entering the factory to work. Which of the following is true of OSHA's permanent standards? A union declares its workers are going on strike. Donny fired Willie. Restrictions on use of exemptions § 2008. Notice of protection § 2004. Under the Fair Credit Reporting Act, employers must do which of the following? 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. 2004. She is dejected, as her tonsils make her throat sore all the time. 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. Do Jimmy's comments violate the National Labor Relations Act (NLRA)? The Employee Polygraph Protection Act (EPPA) is administered by the Wage and Hour Division (WHD). The union claims the CBA's no-strike provision is not binding since new union leadership is in place. OSHA b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace. 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. Employee Polygraph Protection Act. The Employee Polygraph Protection Act (EPPA) is a federal law that basically prohibits lie detector tests (like polygraphs) in private employment. Blaw chapter 21 Answer False Question 5 1. Roxanne was fired from her job when her employer instituted a new policy that prohibited employees from smoking cigarettes. 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. After school one day, he posted on his Twitter feed, "Gosh, my principal is unreasonable. Mac works as a bookkeeper for Robots R' Us. The Equal Opportunity Employment Commission (EEOC) prohibits testing for prescription drugs: Workers must sue their employers to receive workers' compensation benefits. a. Which of the following is true of OSHA reporting and recording requirements? Concerning the Employee Retirement Income Security Act (ERISA), it is correct to say that: Which c. National Labor Relations Board (NLRB). c. allows polygraphs of employees only to determine illegal drug use by them. D. Whether Mac is an hourly employee or paid a salary. The EPPA was enacted in 1988. Definitions. Which of the following is true regarding medical exams under the ADA? The Federal Employee Polygraph Protection Act: a. only prohibits the federal government's use of polygraphs for making employment decisions. Because the activities occur offsite and outside of working hours, employers are always prohibited from firing an employee for activities they take part in on the weekend. The Employee Polygraph Protection Act permits most private employers to use lie detectors in "pre-employment testing." What does the union need to consider before making the decision? b. using, accepting, or referring to, or asking about the results of lie-detector tests taken by employees … Gilbert is an OSHA inspector. 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. She has already found another job that offers health insurance, but she won't start work for a few months. Yes, because the NLRA requires the parties to negotiate in good faith. Authority of Secretary. Xavier wants to form a union at his place of employment, Halliborton. A Fendly's manager finds out about the chat room and fires Nora and Jim. Vicky is a brain surgeon in California. The Uniformed Services Employment and Reemployment Rights Act (USERRA). Disclosure of information § 2009. Yet, he still issues a citation to the plant. Which of the following are unfair labor practices for an employer? EMPLOYEE RIGHTS EMPLOYEE POLYGRAPH PROTECTION ACT 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. Which b. the right to fair pay and benefits. 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. A. Correct Question: The Employee Polygraph Protection Act prohibits employers, including federal, state, and local government agencies, from using polygraphs for preemployment screening purposes. The company then granted several new benefits for all workers, including higher wages, paid vacations, and other measures. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. Adam's sister is bedridden with an illness. The United Mine Workers of America (UMWA) began an organizing drive. Employers are generally prohibited from requiring or requesting any employee . At a press conference she complains that standardized tests are worthless economic scams because the school board appropriates money for tests, pays a grading service, and buys "teaching guides." They feel their working conditions are unacceptable. Under d. played no role in their employment practices. D. Not having records of all workplace injuries and accidents is a violation of OSHA. Xavier is the local union representative and seeks to enter negotiations with his employer, Halliborton. The National Labor Relations Board (NLRB) decided the firing was legal. Can they? Jimmy is the union head at Hoffa Enterprises. How does the modern day "employee at will" rule in the United States compare to the rule in place during the Industrial Revolution? When an employer is replacing striking employees in large numbers, the WARN notice is compulsory. To ensure that its employees did not use illegal drugs in or outside the workplace, Marvel Grocery Store required all employees to take a polygraph exam. OSHA's hazard communication standard requires: Under a. employees have a right to review all questions before the test begins. 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. Which of the following is not true regarding the Employee Polygraph Protection Act? Beth works in a medical lab. In a union election, in order for the union to become the exclusive representative of employees: Under COBRA, former employees must be allowed to continue their health insurance for a period of _____ after being terminated. A. does not have to give the striking employees their jobs back, because the strike was an economic strike. D. No, because the company has an obligation to keep the workplace free from hazards that are likely to cause death or serious injury. She complains to her union rep, who likely tells her: B. Willie has no legal recourse, unless Donny violated public policy. When the election was held, only two of the eleven bargaining unit members voted for the union. He visits Acme Co. after an accident where an employee was hurt. Notice of protection. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. 1st and 2d Sess. What organization is responsible for monitoring workplace safety? Which of the following can Malcolm do without violating the NLRA? A. (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. Federal Employee Polygraph Protection Act (EPPA) Poster Required. Who is violating the National Labor Relations Act (NLRA)? 2003. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. (full-text). 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.. 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. C. does not apply to salaried staff such as professional or managerial employees. Shortly thereafter, the company began hiring permanent replacement workers. He is about to start the collective bargaining process for a new contract. B. any employee working without an employment contract for an employer. A. Authority of Secretary § 2005. The act also restricts employers' ability to use or ask about the results of any lie-detector test or to take any negative employment action based on the results. B. applying for jobs at pharmaceutical firms dealing with controlled substances. True False. 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. Occupational Safety and Health Administration inspectors can levy fines on employers that violate OSHA regulations, as well as order them to comply with the rules. Which of the following is prohibited by the wrongful discharge legal exception to the employment at will doctrine? Medical exams conducted following conditional offers of employment are unrestricted in scope. The Employee Polygraph Protection Act protects job applicants from being subjected to polygraph tests in cases of: A. applying for jobs at private multinational corporations dealing with information technology. C. employers must comply with specific health and safety standards. Hilary's comments: A collective bargaining agreement (CBA) is formed between the National Labor Relations Board (NLRB), management, and a union. Xavier's local wants to improve working conditions, health and retirement benefits. C. At least 50% of the employees must favor the formation of a union. Today, only about 6.6% of all workers are union members. 2. D. Yes, because it made false promises to her. 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. At the time, Appleton Mills was desperate for workers and signed her to a one-year contract to operate a loom. However, there are certain exemptions to this rule. The union cannot strike because of the no-strike clause in the contract. on the Judiciary. A. The EPPA was enacted in 1988. Trico, Inc. offered its employees an additional week of vacation time if they defeated the unionizing effort. 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. Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. When she shows up for her interview, she is immediately taken to a room with a polygraph machine and told the first thing she needs to do is take a polygraph test. She believes she has a legal right to her job, especially since she was a faithful employee for over 20 years. The law governs benefit plans broadly, not just pension plans. The replacement worker that took over her job was retained. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. Sally works for the U.S. Josh was a teacher at a public elementary school. Under b. cannot consider any difficulties performing non-essential job functions. The type of testing discussed here is distinct from the testing required to … The following is a brief summary of the essential elements of the law. Protected d. apply to unionized workers but not to non-unionized workers. Katie is a thirteen-year-old student. Question: A group of oil refinery supervisors from the U.S. attend … As a general rule, Dennis's former employer, Blackaw Co. has legal obligation to disclose information about Dennis to EverTough: Prior to the Industrial Revolution, the primary law of employment was that, absent an agreement otherwise, a worker was hired for a year at a time. Bargain in good faith, but it is not obligated to reach a decision. 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? Select one: True False Feedback The correct answer is 'False'. Exemptions. C. The employer made an unfavorable reference AND the employer made an untrue statement about the employee. Bethany works at Burly Bike Co., where she assembles bicycles. D. Helping take care of horses at a local farm one day per week after school. on the Constitution of the Senate Comm. Which of the following is a determinant of whether Mac is entitled to overtime pay? B. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. The National Labor Relations Act (NLRA) guarantees employees the right to join unions. Question 6.6. C. No, if such meetings lower work productivity. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. 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. On what grounds could they have reached this conclusion? In the absence of a specific legal exception, an employee at will can be fired for any reason. 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. Yes, because the discussion included non-supervisory workers and focused on work conditions. Some states have made following OSHA regulations mandatory. When she complained to her boss over lunch in the employee lunchroom, he said in a loud voice, "You are a big girl now—it's time you learned that you don't always get what you want." Question 6.6. Edwin provided evidence of falsified financial reporting at his employer, a publicly traded company, to federal securities investigators. A major exception is lie detector tests, which are illegal in most circumstances, both before and during employment, thanks to the Employee Polygraph Protection Act (EPPA). Exclusionary periods must be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days. The maximum a. not limited for employees 16 years of age and over. Under Section 9 of the NLRA, a validly recognized union: D. Josh was acting alone, so the comments did not constitute collective action. Under the ADA, it is important that job descriptions: Which a. providing a part-time or modified work schedule. Nora and Jim both work as counter clerks at Fendly's Ice Cream Shop. He was subsequently fired. One problem that OSHA will … 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. PROHIBITIONS . 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. Prohibitions on lie detector use. 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