The Uniformed Services Employment and Reemployment Rights Act (USERRA). The Employee Polygraph Protection Act (EPPA) is administered by the Wage and Hour Division (WHD). on the Constitution of the Senate Comm. Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. The Americans a. applies to private sector employers with 15 or more employees. Disclosure of information § 2009. D. violate the National Labor Relations Act. Hilary is the CEO of her company, which has a unionized workforce. D. Yes, because the company interfered with the union organization. The Sarbanes-Oxley Act has had all of the following effects on HR EXCEPT. Restrictions on use of exemptions. The Federal Employee Polygraph Protection Act: a. only prohibits the federal government's use of polygraphs for making employment decisions. A Fendly's manager finds out about the chat room and fires Nora and Jim. Prohibitions on lie detector use. The replacement worker that took over her job was retained. 29 USC CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. In order to be a "qualified individual with a disability," a disabled person must: Under a. clearly identify the essential functions of jobs. 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. Does the employer have a legal right to make this threat to Zoe? Human Resource Development Test over Employment Laws. The duty c. requires that employers supply unions with information relevant and necessary to bargaining effectively. C. does not apply to salaried staff such as professional or managerial employees. Would OSHA likely find this solution satisfactory? The National Labor Relations Act (NLRA) guarantees employees the right to join unions. If Megan does not want to take the test, what defense might she use? The law governs benefit plans broadly, not just pension plans. Malcolm the manager hears that some nurses at the hospital want to form a union. The EPPA was enacted in 1988. Enforcement provisions. What does the union need to consider before making the decision? He visits Acme Co. after an accident where an employee was hurt. Who is violating the National Labor Relations Act (NLRA)? How is the employment at will doctrine currently defined? The Electronic Communications Privacy Act: In a b. a quit is treated as a termination because circumstances forced the employee to leave. 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? C. illegal since Lydia had a one-year contract. 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. Donny fired Willie. Illustration of the Employee Polygraph Protection Act poster. Which of the following would usually be considered a reasonable accommodation of disability? The modern day rule remains the same, except under specific legal exceptions. What, if true, is Wanda's strongest argument in favor of her reinstatement? TCO 9: John's employer has a reasonable suspicion that John has been involved in a theft of several thousand dollars worth of tools. Can they? Adam's sister is bedridden with an illness. c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam. Harassment is legally actionable because it is a form of discrimination. Which of the following are unfair labor practices for an employer? B. A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area. 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. Xavier's local wants to improve working conditions, health and retirement benefits. Which b. the right to fair pay and benefits. Select one: True False Feedback The correct answer is 'False'. 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. The employer made an unfavorable reference AND the employer made an untrue statement about the employee. Roxanne was fired from her job when her employer instituted a new policy that prohibited employees from smoking cigarettes. OSHA b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace. Basic Provisions/Requirements. On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. The type of testing discussed here is distinct from the testing required to … Notice of protection § 2004. Which of the following statements is true of arbitration? The school board has an emergency meeting and votes to fire Wanda immediately. Ursula loses her job two weeks before she is supposed to have her tonsils removed. Under the Employee Polygraph Protection Act: a. employees have a right to review all questions before the test begins. Xavier works as a security guard for Halliborton. D. No, because the strike was an economic strike. OSHA is the abbreviation used for both the Occupational Safety and Health Act and the Occupational Safety and Health Administration. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. Which statement is correct? 31, 226 (1977-78). b. using, accepting, or referring to, or asking about the results of lie-detector tests taken by employees … Which of the following is prohibited by the wrongful discharge legal exception to the employment at will doctrine? Authority of Secretary § 2005. The Act generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. D. Civil Service Reform Act and Whistleblower Protection Act. Employee Polygraph Protection Act. Hank works in a doll factory, where he paints the faces on new dolls. 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. Postal Service. C. would be liable to Roxanne only if there is a state statute prohibiting employers from adopting such job requirements. Which of the following is true? Restrictions on use of exemptions § 2008. In the absence of a specific legal exception, an employee at will can be fired for any reason. FMLA. C. the union must receive over 50% of the vote. TCO 9: John's employer has a reasonable suspicion that John has been involved in a theft of several thousand dollars worth of tools. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. D. states that the particular worker requests the specified union to act as his or her sole bargaining representative. The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). The bona fide occupational qualification (BFOQ) defense: When individual job titles are listed for each department in order of pay level and demographic information is provided for each job, this is called a/an: Which b. This requires Vicky to place her hands near large, hot ovens to heat the glass to its melting point. The union cannot strike because of the no-strike clause in the contract. 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. On what grounds could they have reached this conclusion? Which of the following is NOT true regarding the enforcement process under OSHA (the Act)? D. Occupational Safety and Health Administration. Authority of Secretary. on the Judiciary. Beth works in a medical lab. Nora and Jim both work as counter clerks at Fendly's Ice Cream Shop. This action was: B. Her employer threatens to fire her if she talks with other workers about union activity in the presence of customers while she is working. She should receive statutory protection under which acts? Which of the following is generally required to establish just cause for a termination? Title VII. In the 1950s, about 25% of the U.S. workforce belonged to a union. They post notices that forbid any meetings of employees during work hours to discuss unionizing. Yet, he still issues a citation to the plant. The following is a brief summary of the essential elements of the law. B. any employee working without an employment contract for an employer. § 2003. In others, the rules are recommended, but employers are not required to follow them. c. allows polygraphs of employees only to determine illegal drug use by them. Which of the following is a necessary element of a sexual harassment claim? 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. The management and union at TriColor have bargained for two years without reaching an agreement. Wanda and some of her fellow employees think they want to form a union, but the employer does not want them to form one. 2002. A. does not have to give the striking employees their jobs back, because the strike was an economic strike. Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. In reaction to the exploitation of workers during the Industrial Revolution, employing someone "at will" is now illegal in the United States. D. All of these are unfair labor practices for an employer. They feel their working conditions are unacceptable. 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. 2. Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. If Willie is an at will employee, what is true? Courts and government agencies act only after employees come forward with complaints about violations of the law. Did the company violate the NLRA? The union claims the CBA's no-strike provision is not binding since new union leadership is in place. D. Neither Susan nor Jeff is violating the NLRA. In responding c. discuss the disabled employee's need for accommodation with other employees. The company: C. No, because this was not part of an on-going investigation. I'll give you our demands and, if you don't meet them, we strike." (full-text). Under the Fair Credit Reporting Act, employers must do which of the following? However, there are certain exemptions to this rule. Protected d. apply to unionized workers but not to non-unionized workers. No, unless the NLRB first orders an election. D. Helping take care of horses at a local farm one day per week after school. Employee Polygraph Protection Act (1988) The Employee Polygraph Protection Act is a law that was passed in 1988, which states that no privately or publicly owned business can require an applicant to take a polygraph test, nor can they base a hiring decision on the results of any voluntary polygraph testing. 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 collective bargaining agreement, or CBA, is: D. is the exclusive representative of all the designated employees. One problem that OSHA will … Shortly thereafter, the company began hiring permanent replacement workers. At the time, Appleton Mills was desperate for workers and signed her to a one-year contract to operate a loom. Jagger was fired for refusing to take the polygraph test. The primary English law of employment established that employees would be hired: The workers at Thom Trucking went on strike over wages. Katie is a thirteen-year-old student. A. Toucan cannot stop the employees from organizing a union. A. 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. Hilary's comments: A collective bargaining agreement (CBA) is formed between the National Labor Relations Board (NLRB), management, and a union. 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. Money left over in the capital equipment budget is applied to the operating budget. Which of the following is true regarding medical exams under the ADA? Josh was a teacher at a public elementary school. Concerning b. Vicky is a brain surgeon in California. Malcolm wants to prevent the union, as a raise in the nurses' salaries will come out of his bonus pay. Do Jimmy's comments violate the National Labor Relations Act (NLRA)? Under the Employee Polygraph Protection Act, private employers generally are forbidden from using lie detector tests while screening job applicants. To encourage an employer to discriminate against a particular employee because of a union dispute. The police force of Holdon, a small town in Massachusetts, is considering going on strike. Thom Trucking may hire permanent replacement workers and, when the strike is over, Thom Trucking has no obligation to lay off the replacement workers to make room for the strikers. The Fair Labor Standards Act (FLSA) includes provisions governing workers' compensation. Power has: C. pays benefits to workers who are retired, disabled, or temporarily unemployed and to the spouses and children of disabled or deceased workers. The Employee Polygraph Protection Act (EPPA) is a workplace posters poster by the Federal Department Of Labor. Question 6.6. Adam works at AI Co., a multinational corporation. 2006. Which of the following statements is correct? 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. FMLA. Jeff and some of his co-workers are trying to organize a union at the company. The National Labor Relations Board (NLRB) decided the firing was legal. 95th Cong. The Civil Rights Act of 1964 The Fair Credit Reporting Act The Employee Polygraph Protection Act. Which of the following is generally true regarding the process of enforcing employment laws? 2003. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. 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. A union must petition the NLRB for an election if the employer does not voluntarily recognize the union. No, because the change would require union approval. D. Whether Mac is an hourly employee or paid a salary. 11/ Hearings on Polygraph,,Controland Civil Liberties Protection Act bzore the Subcomm. The Employer Polygraph Act. OSHA's hazard communication standard requires: Under a. employees have a right to review all questions before the test begins. As a result, Beth decides to get an HIV test to make sure she has not been infected. The U.S. federal law established guidelines for polygraph testing and imposed restrictions on many private employers. 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. 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 … Employers a. only if the test is having discriminatory effects. 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. There is an exhaust fan in the room where he paints, but it stopped working a few months ago. The Fair Credit Reporting Act refers to which two kinds of reports? Mac works as a bookkeeper for Robots R' Us. Did management violate any laws through their discussion with Xavier? A. applying for jobs at private multinational corporations dealing with information technology. Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours. Federal Employee Polygraph Protection Act (EPPA) Poster Required. The Employee Polygraph Protection Act. b. completely prohibits all use of polygraphs by employers. After notifying the union, TriColor prohibited the workers from entering the factory to work. Employee Polygraph Protection Act Introduction The Employee Polygraph Protection Act (EPPA) came into existence On December 27, 1988. The bona c. is the only means by which employers can avoid liability for facially discriminatory policies or practices. The Civil Rights Act of 1964 The Fair Credit Reporting Act The Employee Polygraph Protection Act. The Drug Free Workplace Act of 1988 requires that: Which of the following b. After school one day, he posted on his Twitter feed, "Gosh, my principal is unreasonable. 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? Which b. Under the federal legislation known as OSHA: D. Present anti-union views to employees. 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. B. b. employees can be disciplined or discharged for refusal to submit to a polygraph. She complains to her union rep, who likely tells her: B. Willie has no legal recourse, unless Donny violated public policy. Under d. played no role in their employment practices. PROHIBITIONS . c. The EEOC encourages the parties to discrimination cases to use mediation. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. A. 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. 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. Correct Question: The Employee Polygraph Protection Act prohibits employers, including federal, state, and local government agencies, from using polygraphs for preemployment screening purposes. Which of the following is true of harassment? The EPPA applies to most private employers. This federal law established guidelines for polygraph testing and imposed restrictions on most private employers. She has already found another job that offers health insurance, but she won't start work for a few months. She believes she has a legal right to her job, especially since she was a faithful employee for over 20 years. Bethany works at Burly Bike Co., where she assembles bicycles. 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. Medical exams conducted following conditional offers of employment are unrestricted in scope. §§2001 et seq. The maximum a. not limited for employees 16 years of age and over. B. for a year at a time, in the absence of a contract. 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. Her doctor suggests immediate hospitalization and predicts a subsequent stay for the duration of at least two months. 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. 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). The Employer Polygraph Act. Susan stands right next to him and hands out flyers explaining why a union would be terrible for the company. A. Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so. 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." 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. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act? Non-competition c. will not be enforced unless the former employer can show that they are no more restrictive than necessary. The Employee Polygraph Protection Act (EPPA) is administered and enforced by the Wage and Hour Division (WHD). The law does not cover federal, state, and local government agencies. 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. _____ protect the right to review all questions before the test is having discriminatory effects get a large and! 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