He visits Acme Co. after an accident where an employee was hurt. Yes, regardless of whether the union wins the vote. One problem that OSHA will … C. The employer made an unfavorable reference AND the employer made an untrue statement about the employee. Authority of Secretary. This is a legal lockout. 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. The company: C. No, because this was not part of an on-going investigation. 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. TITLE 29 - LABOR CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. Which of the following are unfair labor practices for an employer? 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. Which of the following is a necessary element of a sexual harassment claim? Authority of Secretary § 2005. Exemptions § 2007. What does the union need to consider before making the decision? Dennis is applying for employment at EverTough Manufacturing. Vicky is a brain surgeon in California. This requires Vicky to place her hands near large, hot ovens to heat the glass to its melting point. Under d. played no role in their employment practices. The Act generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. A collective bargaining agreement, or CBA, is: D. is the exclusive representative of all the designated employees. TCO 9: John's employer has a reasonable suspicion that John has been involved in a theft of several thousand dollars worth of tools. I'll give you our demands and, if you don't meet them, we strike." Xavier works as a security guard for Halliborton. Appleton fired Lydia and replaced her with a man from this group of new arrivals. Sally reports her manager to the authorities. b. completely prohibits all use of polygraphs by employers. 31, 226 (1977-78). What organization is responsible for monitoring workplace safety? Why? Question 6.6. The Employee Polygraph Protection Act permits most private employers to use lie detectors in "pre-employment testing." A union declares its workers are going on strike. She complains to her union rep, who likely tells her: B. Willie has no legal recourse, unless Donny violated public policy. A. does not have to give the striking employees their jobs back, because the strike was an economic strike. 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. 5. Halliborton management learns about Xavier's interest and calls him in for a meeting. Historically, arbitration has been used to resolve disputes over contractual rights. Under Section 9 of the NLRA, a validly recognized union: D. Josh was acting alone, so the comments did not constitute collective action. During a polygraph test, the employee has the right to. 11/ Hearings on Polygraph,,Controland Civil Liberties Protection Act bzore the Subcomm. After notifying the union, TriColor prohibited the workers from entering the factory to work. 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? Xavier is thinking about joining a union. Which of the following is generally true regarding the process of enforcing employment laws? Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours. The EPPA applies to most private employers. A. Toucan cannot stop the employees from organizing a union. One morning, Jeff stands by the entrance to the plant and hands out flyers detailing why workers should join a union. Concerning b. In order to be a "qualified individual with a disability," a disabled person must: Under a. clearly identify the essential functions of jobs. Which of the following is true of OSHA reporting and recording requirements? Bargain in good faith, but it is not obligated to reach a decision. b. using, accepting, or referring to, or asking about the results of lie-detector tests taken by employees … B. only if Dennis exhibited behavior that would be potentially dangerous. 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. The law does not cover Federal, state, and local government agencies. Which b. the right to fair pay and benefits. 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. 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). A. any employee could be fired at the employer's discretion unless bound by a work contract. In responding to requests for reasonable accommodation, employers should NOT: In order b. be chronic or expected to have a long-term impact on functioning. How is the employment at will doctrine currently defined? Susan stands right next to him and hands out flyers explaining why a union would be terrible for the company. The employment laws during the Industrial Revolution established that: D. Under COBRA, she is entitled to continue her existing health coverage for up to 18 months. Several workers at Toucan, Inc., were interested in organizing a union. The U.S. federal law established guidelines for polygraph testing and imposed restrictions on many private employers. She is dejected, as her tonsils make her throat sore all the time. Employers must show that a test is job related and consistent with business necessity: Which of c. It prohibits the use of polygraphs by private sector employers for any reason. Ursula loses her job two weeks before she is supposed to have her tonsils removed. D. All of these are legal exceptions to the employment at will doctrine. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. B. Question 6.6. If Megan does not want to take the test, what defense might she use? Strict standards are set in the legislation that outline when polygraph examinations may be conducted and under what circumstances. Today, only about 6.6% of all workers are union members. C. Verbal promises made by the employer are generally enforceable. 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. b. employees can be disciplined or discharged for refusal to submit to a polygraph. Can the employer make this change? Which of the following statements is true of arbitration? 29 USC CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. Employers are generally prohibited from requiring or requesting any employee . § 2003. B. Bethany works at Burly Bike Co., where she assembles bicycles. The Employee Polygraph Protection Act (EPPA) is administered and enforced by the Wage and Hour Division (WHD). D. this is something that could be addressed in the next round of collective bargaining. B. employers are prohibited from interfering with union organizing efforts. 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. PROHIBITIONS . Wanda and some of her fellow employees think they want to form a union, but the employer does not want them to form one. Gilbert tours the plant and finds it is up to code. D. even if not approved by the company's top executives. To be a. the employee must be involuntarily unemployed. The EPPA was enacted in 1988. end the test at any time. C. employers must comply with specific health and safety standards. Which of the following is true regarding medical exams under the ADA? 2008. (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. 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. 2004. Hilary's comments: A collective bargaining agreement (CBA) is formed between the National Labor Relations Board (NLRB), management, and a union. 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. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. Enforcement provisions § 2006. C. Yes, because it should require employees to wear gloves that are impermeable to blood. Title VII. After school one day, he posted on his Twitter feed, "Gosh, my principal is unreasonable. This requirement applied to off-duty time as well as job-related time. Select one: True False Feedback The correct answer is 'False'. C. No, if such meetings lower work productivity. A principal b. preventing injuries and illnesses on the job. Ursula is afraid she is going to have to reschedule her surgery, because it would be too expensive to pay out of pocket. 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!" 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. a. To be eligible for unemployment insurance: Legal issues concerning downsizing include: The Sarbanes-Oxley d. HR exempt-level professionals must have professional certification. Which of the following is generally required to establish just cause for a termination? Is Connie right? The management and union at TriColor have bargained for two years without reaching an agreement. These are a set of restrictions that apply to private employees unless exemptions exist. The National Labor Relations Board (NLRB) decided the firing was legal. Employee Polygraph Protection Act. D. Not having records of all workplace injuries and accidents is a violation of OSHA. D. Civil Service Reform Act and Whistleblower Protection Act. The Employee Polygraph Protection Act (EPPA) is administered by the Wage and Hour Division (WHD). 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. Adam works at AI Co., a multinational corporation. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or The Americans a. applies to private sector employers with 15 or more employees. Sally works for the U.S. Does she have a valid claim against the company? A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area. Question: A group of oil refinery supervisors from the U.S. attend … D. Helping take care of horses at a local farm one day per week after school. The maximum a. not limited for employees 16 years of age and over. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. What, if true, is Wanda's strongest argument in favor of her reinstatement? Restrictions on use of exemptions. 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. The EPPA was enacted in 1988. FMLA. Federal Employee Polygraph Protection Act (EPPA) Poster Required. After the strike is over, Mega Corp.: D. The police force needs to consider all of these issues. Gilbert is an OSHA inspector. The National Labor Relations Act (NLRA) guarantees employees the right to join unions. 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. Who is violating the National Labor Relations Act (NLRA)? (full-text). D. No, because the company has an obligation to keep the workplace free from hazards that are likely to cause death or serious injury. Which of the following is one of HIPAA's requirements regarding pre-existing condition exclusions in group health plans? D. Neither Susan nor Jeff is violating the NLRA. Notice of protection § 2004. What is necessary for an employee to win a defamation suit against a former employer? The following is a brief summary of the essential elements of the law. He was subsequently fired. Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Section 7 rights")? Yes, because the NLRA requires the parties to negotiate in good faith. Can they? B. applying for jobs at pharmaceutical firms dealing with controlled substances. 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? 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. Managers at Halliborton want to prevent the union. There is an exhaust fan in the room where he paints, but it stopped working a few months ago. Under the Pregnancy Discrimination Act (PDA): The Uniformed b. Has the company acted legally regarding the polygraph test? Which of the following is an unfair labor practice for a union? A. D. Whether Mac is an hourly employee or paid a salary. 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. 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.. After a hard eight-month strike, the union and the company reached an agreement. Which of the following is a true statement regarding employer compliance with the, The Fair Credit b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like. https://www.polygraph.org/employee-polygraph-protection-act-eppa- In others, the rules are recommended, but employers are not required to follow them. As part of the investigation, John undergoes a polygraph … If Adam plans to take leave from his job to take care of his sister, he is, under the FMLA, entitled to: A. D. Yes, because the company interfered with the union organization. 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. Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. The paint he uses emits strong fumes that after a few hours make Hank woozy. The Employee Polygraph Protection Act (EPPA) is a federal law that basically prohibits lie detector tests (like polygraphs) in private employment. 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? His explanation is that the danger that Vicky will burn her hands is too great for the hospital to bear. Which statement is correct? While the prior laws emphasized duties and responsibilities, the "employee at will" rule emphasized the freedom to contract. Under b. cannot consider any difficulties performing non-essential job functions. The Employee Polygraph Protection Act. D. violate 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. The Fair Labor Standards Act (FLSA) includes provisions governing workers' compensation. 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. Donny fired Willie. The EPPA does not cover public sector employees, like state, county and local government employees. The duty c. requires that employers supply unions with information relevant and necessary to bargaining effectively. Correct Question: The Employee Polygraph Protection Act prohibits employers, including federal, state, and local government agencies, from using polygraphs for preemployment screening purposes. Xavier wants to form a union at his place of employment, Halliborton. Which of the following should be included in an employer's policy prohibiting harassment? Malcolm wants to prevent the union, as a raise in the nurses' salaries will come out of his bonus pay. Illustration of the Employee Polygraph Protection Act poster. Trico has committed an unfair labor practice. D. Occupational Safety and Health Administration. Which of the following is true of OSHA's permanent standards? 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." Roxanne claimed that she could not quit smoking and that she was wrongfully fired since she did not smoke in the workplace - only when she was outside the building and during off-duty time. 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. Employees b. the employer has been informed of the hazard and does not correct it. C. No. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. The Federal Employee Polygraph Protection Act: a. only prohibits the federal government's use of polygraphs for making employment decisions. Which of the following acts requires employers to keep records of all workplace injuries and accidents? Employee Polygraph Protection Act. Yes, because the discussion included non-supervisory workers and focused on work conditions. 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." Did management violate any laws through their discussion with Xavier? As a result, Beth decides to get an HIV test to make sure she has not been infected. What does the Employee Polygraph Protection Act do? Some states have made following OSHA regulations mandatory. Shortly thereafter, the company began hiring permanent replacement workers. 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. Employee Polygraph Protection Act What is the Employee Polygraph Protection Act? OSHA's hazard communication standard requires: Under a. employees have a right to review all questions before the test begins. Effect on other law and agreements How does the modern day "employee at will" rule in the United States compare to the rule in place during the Industrial Revolution? After Halliborton hears the issues raised by Xavier, what must management do? Experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer. The Drug b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace. A. 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. The Employer Polygraph Act. Structured interview: Definition. The Immigration b. requires that employers not discriminate based on national origin and citizenship. The Drug Free Workplace Act of 1988 requires that: Which of the following b. 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. Her contract requires her to put together six bicycles per hour, but her manager tells her that this is too easy for her, so he is going to start expecting eight bicycles an hour. 2006. 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. Yet, he still issues a citation to the plant. Enforcement provisions. Protected d. apply to unionized workers but not to non-unionized workers. The company declined to recognize the union, which petitioned the NLRB to schedule an election. One day she spills a vial of blood. Does the employer have a legal right to make this threat to Zoe? 2001. What fact might make Ursula feel better? Which of the following is true of workers' compensation? A. The EPPA applies to most private employers. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. Under c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable. However, there are certain exemptions to this rule. Her current contract requires her to put together six bicycles per hour, but she has a difficult time maintaining this pace. True False. Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? Has Fendly's violated the National Labor Relations Act (NLRA)? The United Mine Workers of America (UMWA) began an organizing drive. Does the lab need to worry about an OSHA violation in this situation? C. does not apply to salaried staff such as professional or managerial employees. Non-competition c. will not be enforced unless the former employer can show that they are no more restrictive than necessary. Sec. Under the Employee Polygraph Protection Act: a. employees have a right to review all questions before the test begins. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act? On the weekends, she likes to blow glass. Under the Fair Credit Reporting Act, employers must do which of the following? on the Constitution of the Senate Comm. 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. The law governs benefit plans broadly, not just pension plans. Jagger was fired for refusing to take the polygraph test. A. Edwin provided evidence of falsified financial reporting at his employer, a publicly traded company, to federal securities investigators. 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. Do Jimmy's comments violate the National Labor Relations Act (NLRA)? Which b. The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). D. states that the particular worker requests the specified union to act as his or her sole bargaining representative. Jeff and some of his co-workers are trying to organize a union at the company. 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. The replacement worker that took over her job was retained. D. Employers may not require, or even suggest, that an employee or job candidate submit to a polygraph test except under a few exceptions. Under the Fair Labor Standards Act, a "workweek": Which b. The Employer Polygraph Act. Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. Under the ADA, performance appraisals for disabled persons: Performance a. should cite specific instances of good or bad performance. On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. §§2001 et seq. Lydia moved to Lowell, Massachusetts, during the Industrial Revolution. Valley Mart has committed an unfair labor practice. The type of testing discussed here is distinct from the testing required to … Human Resource Development Test over Employment Laws. The Employee Polygraph Protection Act allows polygraph tests to be used in connection with jobs in security and handling drugs or in investigating a specific theft or other suspected crime. The Employee Polygraph Protection Act. The law does not cover federal, state, and local government agencies. 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. c. allows polygraphs of employees only to determine illegal drug use by them. They post notices that forbid any meetings of employees during work hours to discuss unionizing. When the election was held, only two of the eleven bargaining unit members voted for the union. The Electronic Communications Privacy Act: In a b. a quit is treated as a termination because circumstances forced the employee to leave. A. B. for a year at a time, in the absence of a contract. 2007. Power, Inc., which operated a coal mine, suffered financial losses and had to lay off employees. Six of the eleven employees in the bargaining unit signed authorization cards. Wanda is a teacher at a public school in New Jersey. Definitions. Which of the following is NOT true regarding the enforcement process under OSHA (the Act)? TCO 9: John's employer has a reasonable suspicion that John has been involved in a theft of several thousand dollars worth of tools. C. the union must receive over 50% of the vote. B. any employee working without an employment contract for an employer. Restrictions on use of exemptions § 2008. 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. Katie is a thirteen-year-old student. Before discussing the case, we provide a quick refresher on EPPA. The decision, Cummings v. Washington Mutual, is the first in recent memory from a court with jurisdiction over Florida. The management convinces Xavier that he might get a large raise and definitely a promotion if a union vote is defeated. Under the Employee Polygraph Protection Act: The a. prohibits the intentional interception of electronic communications. C. applying for jobs in the public transport sector. The teacher handbook demands formal hearings prior to any suspension or firing. 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). They feel their working conditions are unacceptable. That afternoon, she was fired. Harassment is legally actionable because it is a form of discrimination. The blood seeps through the cotton gloves the lab gave her to wear and gets into a cut on her finger. Under the 1991 Civil Rights Act, employers must show that an individual's race, color, religion, sex, or national origin. 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 strikes is allowed under the National Labor Relations Act (NLRA)? 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. 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. 'S policy prohibiting harassment favor of her reinstatement entitled to overtime pay under the employee polygraph protection act quizlet Polygraph! Not terminate a Polygraph afraid she is supposed to have her tonsils removed the he! 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