OSHA b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace. The Drug b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace. The Federal Employee Polygraph Protection Act: a. only prohibits the federal government's use of polygraphs for making employment decisions. interview that uses a set of standardized questions asked of … Power, Inc., which operated a coal mine, suffered financial losses and had to lay off employees. On what grounds could they have reached this conclusion? Basic Provisions/Requirements. 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. Strict standards are set in the legislation that outline when polygraph examinations may be conducted and under what circumstances. The law governs benefit plans broadly, not just pension plans. B. any employee working without an employment contract for an employer. Disclosure of information § 2009. A. C. would be liable to Roxanne only if there is a state statute prohibiting employers from adopting such job requirements. Employee Polygraph Protection Act. Under the federal legislation known as OSHA: D. Present anti-union views to employees. 2006. Hank told his boss about his wooziness and headaches and the fact that the exhaust fan stopped working. She believes she has a legal right to her job, especially since she was a faithful employee for over 20 years. D. Yes, because it made false promises to her. 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)? Which of the following are unfair labor practices for an employer? She should receive statutory protection under which acts? 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? D. negotiated between a company's management and a union. The EPPA was enacted in 1988. 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 union cannot strike because of the no-strike clause in the contract. Money left over in the capital equipment budget is applied to the operating budget. Experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer. Which of the following is generally required to establish just cause for a termination? The Employee Polygraph Protection Act (EPPA) is administered and enforced by the Wage and Hour Division (WHD). c. allows polygraphs of employees only to determine illegal drug use by them. 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. After the strike is over, Mega Corp.: D. The police force needs to consider all of these issues. PROHIBITIONS . The teacher handbook demands formal hearings prior to any suspension or firing. The company: C. No, because this was not part of an on-going investigation. After a hard eight-month strike, the union and the company reached an agreement. Managers at Halliborton want to prevent the union. C. The employer made an unfavorable reference AND the employer made an untrue statement about the employee. Which of the following strikes is allowed under the National Labor Relations Act (NLRA)? The Employee Polygraph Protection Act permits most private employers to use lie detectors in "pre-employment testing." C. applying for jobs in the public transport sector. §§2001 et seq. C. illegal since Lydia had a one-year contract. 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. 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. Under the Employee Polygraph Protection Act, private employers generally are forbidden from using lie detector tests while screening job applicants. Title VII. 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. Does the lab need to worry about an OSHA violation in this situation? Which of the following is NOT true regarding the enforcement process under OSHA (the Act)? Under the 1991 Civil Rights Act, employers must show that an individual's race, color, religion, sex, or national origin. The Employee Polygraph Protection Act (EPPA) is administered by the Wage and Hour Division (WHD). The management and union at TriColor have bargained for two years without reaching an agreement. The Employee Polygraph Protection Act. 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. The Immigration b. requires that employers not discriminate based on national origin and citizenship. 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. Question 6.6. The EPPA applies to most private employers. Edwin provided evidence of falsified financial reporting at his employer, a publicly traded company, to federal securities investigators. The type of testing discussed here is distinct from the testing required to … The blood seeps through the cotton gloves the lab gave her to wear and gets into a cut on her finger. Which b. the right to fair pay and benefits. Human Resource Development Test over Employment Laws. Under d. played no role in their employment practices. 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. 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. Why? How is the employment at will doctrine currently defined? The company declined to recognize the union, which petitioned the NLRB to schedule an election. 1st and 2d Sess. A principal b. preventing injuries and illnesses on the job. 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. Trico has committed an unfair labor practice. Xavier's local wants to improve working conditions, health and retirement benefits. Illustration of the Employee Polygraph Protection Act poster. Is Connie right? If Adam plans to take leave from his job to take care of his sister, he is, under the FMLA, entitled to: A. Shortly thereafter, the company began hiring permanent replacement workers. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. In others, the rules are recommended, but employers are not required to follow them. The Drug Free Workplace Act of 1988 requires that: Which of the following b. Which of the following is an unfair labor practice for a union? The Employee Polygraph Protection Act was signed by President Reagan in 1988 and established the rules for the administration of polygraph tests. 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. A manager told one of the miners that the company would get rid of union supporters. The Americans a. applies to private sector employers with 15 or more employees. 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. Which of the following acts requires employers to keep records of all workplace injuries and accidents? The paint he uses emits strong fumes that after a few hours make Hank woozy. 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. The following is a brief summary of the essential elements of the law. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. 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. Which of the following is prohibited by the wrongful discharge legal exception to the employment at will doctrine? He also noticed that for the last few months, he has been getting migraine headaches. Her current contract requires her to put together six bicycles per hour, but she has a difficult time maintaining this pace. The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). Which of the following is true? Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. 2001. 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. Megan is applying for a job at a pharmaceutical company that sells opioids, a controlled substance. At the time, Appleton Mills was desperate for workers and signed her to a one-year contract to operate a loom. 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. 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. Xavier is thinking about joining a union. Katie is a thirteen-year-old student. One problem that OSHA will … Medical exams conducted following conditional offers of employment are unrestricted in scope. 29 USC CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. D. Yes, because the company interfered with the union organization. This is a legal lockout. Yes, regardless of whether the union wins the vote. 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. These are a set of restrictions that apply to private employees unless exemptions exist. 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. Jeff and some of his co-workers are trying to organize a union at the company. However, there are certain exemptions to this rule. end the test at any time. The other teachers and the parents are also a bunch of clowns!" The modern day rule remains the same, except under specific legal exceptions. 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. 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. Bethany works at Burly Bike Co., where she assembles bicycles. _____ protect the right of employees to engage in any lawful activity or use any lawful product while off duty. OSHA's hazard communication standard requires: Under a. employees have a right to review all questions before the test begins. Malcolm wants to prevent the union, as a raise in the nurses' salaries will come out of his bonus pay. The Fair Credit Reporting Act refers to which two kinds of reports? When the strike was over, Connie was upset that she was not given her job back. 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. A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area. § 2003. 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 Employee Polygraph Protection Act (EPPA) is a federal law that basically prohibits lie detector tests (like polygraphs) in private employment. D. Civil Service Reform Act and Whistleblower Protection Act. B. applying for jobs at pharmaceutical firms dealing with controlled substances. On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. A. does not have to give the striking employees their jobs back, because the strike was an economic strike. 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. Dennis is applying for employment at EverTough Manufacturing. No, unless the NLRB first orders an election. There is an exhaust fan in the room where he paints, but it stopped working a few months ago. Hilary is the CEO of her company, which has a unionized workforce. Under the ADA, performance appraisals for disabled persons: Performance a. should cite specific instances of good or bad performance. What, if true, is Wanda's strongest argument in favor of her reinstatement? 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." C. No. B. for a year at a time, in the absence of a contract. Once they begin negotiating, a union and employer are obligated to continue until an agreement is reached. The EPPA was enacted in 1988. Bargain in good faith, but it is not obligated to reach a decision. Hank works in a doll factory, where he paints the faces on new dolls. D. All of these are legal exceptions to the employment at will doctrine. The National Labor Relations Board (NLRB) decided the firing was legal. After notifying the union, TriColor prohibited the workers from entering the factory to work. Hilary's comments: A collective bargaining agreement (CBA) is formed between the National Labor Relations Board (NLRB), management, and a union. 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. Which of the following is true of OSHA's permanent standards? FMLA. To be eligible for unemployment insurance: Legal issues concerning downsizing include: The Sarbanes-Oxley d. HR exempt-level professionals must have professional certification. C. At least 50% of the employees must favor the formation of a union. Select one: True False Feedback The correct answer is 'False'. As part of the investigation, John undergoes a polygraph … 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? Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours. The Equal Opportunity Employment Commission (EEOC) prohibits testing for prescription drugs: Workers must sue their employers to receive workers' compensation benefits. Under the Pregnancy Discrimination Act (PDA): The Uniformed b. a. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or Xavier wants to form a union at his place of employment, Halliborton. Yes, because the discussion included non-supervisory workers and focused on work conditions. The school board has an emergency meeting and votes to fire Wanda immediately. I'll give you our demands and, if you don't meet them, we strike." Employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions. 5. Triec, Inc., is a small electrical contracting company in Springfield, Ohio, owned by its executives Yeazell, Jones, and Heaton. Which of the following is one of HIPAA's requirements regarding pre-existing condition exclusions in group health plans? 2008. 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. Lydia moved to Lowell, Massachusetts, during the Industrial Revolution. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. Which of the following statements is most correct about the legality of drug testing? The law does not cover Federal, state, and local government agencies. 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. d. all of the above What protections does common law provide during the hiring process? Which of the following is a necessary element of a sexual harassment claim? Which of the following is true of workers' compensation? Edwin receives whistleblower protection under the _____. B. Employers are generally prohibited from requiring or requesting any employee . C. Verbal promises made by the employer are generally enforceable. https://www.polygraph.org/employee-polygraph-protection-act-eppa- The Electronic Communications Privacy Act: In a b. a quit is treated as a termination because circumstances forced the employee to leave. 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. FMLA. However, there are certain exemptions to this rule. 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 … Does she have a valid claim against the company? Jimmy is the union head at Hoffa Enterprises. The union claims the CBA's no-strike provision is not binding since new union leadership is in place. D. even if not approved by the company's top executives. 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