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). 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. Bethany works at Burly Bike Co., where she assembles bicycles. When the strike was over, Connie was upset that she was not given her job back. on the Judiciary. She complains to her union rep, who likely tells her: B. Willie has no legal recourse, unless Donny violated public policy. (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. Malcolm the manager hears that some nurses at the hospital want to form a union. The Immigration b. requires that employers not discriminate based on national origin and citizenship. Question 27 2 / 2 pts An important rule of budgeting is: Unused budgeted funds are carried over into the next budgeting period. Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. Triec, Inc., is a small electrical contracting company in Springfield, Ohio, owned by its executives Yeazell, Jones, and Heaton. 2. The Employee Polygraph Protection Act. Protected d. apply to unionized workers but not to non-unionized workers. 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. The Equal Opportunity Employment Commission (EEOC) prohibits testing for prescription drugs: Workers must sue their employers to receive workers' compensation benefits. Employees contacted the International Brotherhood of Electrical Workers, which began an organizing drive. What is necessary for an employee to win a defamation suit against a former employer? The primary English law of employment established that employees would be hired: The workers at Thom Trucking went on strike over wages. Which of the following statements is true of arbitration? A. Which of the following strikes is allowed under the National Labor Relations Act (NLRA)? Authority of Secretary. Under the Employee Polygraph Protection Act: The a. prohibits the intentional interception of electronic communications. 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. Adam works at AI Co., a multinational corporation. The duty c. requires that employers supply unions with information relevant and necessary to bargaining effectively. Employee Polygraph Protection Act: Definition. 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. Megan is applying for a job at a pharmaceutical company that sells opioids, a controlled substance. Employee Polygraph Protection Act What is the Employee Polygraph Protection Act? 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.. Employee Polygraph Protection Act. 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? Under the Employee Polygraph Protection Act: a. employees have a right to review all questions before the test begins. The director of the hospital where Vicky works tells her that if she doesn't stop blowing glass, he is going to have to fire her. The U.S. federal law established guidelines for polygraph testing and imposed restrictions on many private employers. A. Toucan cannot stop the employees from organizing a union. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. 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. B. only if Dennis exhibited behavior that would be potentially dangerous. interview that uses a set of standardized questions asked of … Which of the following is NOT true regarding the enforcement process under OSHA (the Act)? D. All of these are unfair labor practices for an employer. Who is violating the National Labor Relations Act (NLRA)? Vicky is a brain surgeon in California. Which of the following is prohibited by the wrongful discharge legal exception to the employment at will doctrine? The type of testing discussed here is distinct from the testing required to … The Employee Polygraph Protection Act permits most private employers to use lie detectors in "pre-employment testing." C. No. Question 6.6. The Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or The school board has an emergency meeting and votes to fire Wanda immediately. During a polygraph test, the employee has the right to. How does the modern day "employee at will" rule in the United States compare to the rule in place during the Industrial Revolution? What fact might make Ursula feel better? Under the Employee Polygraph Protection Act, private employers generally are forbidden from using lie detector tests while screening job applicants. Yes, because the discussion included non-supervisory workers and focused on work conditions. Several workers at Toucan, Inc., were interested in organizing a union. What, if true, is Wanda's strongest argument in favor of her reinstatement? OSHA b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace. Can the hospital legally fire Vicky for her glass blowing? 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. D. Occupational Safety and Health Administration. The United Mine Workers of America (UMWA) began an organizing drive. Sec. The National Labor Relations Board (NLRB) decided the firing was legal. Under the federal legislation known as OSHA: D. Present anti-union views to employees. Another factor possibly interfering with reliable test results is … 2002. 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. Authority of Secretary § 2005. C. the union must receive over 50% of the vote. What does the union need to consider before making the decision? Title VII. The Employee Polygraph Protection Act (EPPA) is a federal law that basically prohibits lie detector tests (like polygraphs) in private employment. 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 Credit Reporting Act, employers must do which of the following? The other teachers and the parents are also a bunch of clowns!" 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. Under the Pregnancy Discrimination Act (PDA): The Uniformed b. Has the company acted legally regarding the polygraph test? 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. 29 USC CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. The EPPA does not cover public sector employees, like state, county and local government employees. 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. The Fair Labor Standards Act (FLSA) includes provisions governing workers' compensation. 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. 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. Susan is a manager at HelioCorp, where Jeff is a non-supervisory worker. Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Section 7 rights")? The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is: Under b. is any fixed and reoccurring period of 7 consecutive days. Strict standards are set in the legislation that outline when polygraph examinations may be conducted and under what circumstances. There is an exhaust fan in the room where he paints, but it stopped working a few months ago. Under the ADA, it is important that job descriptions: Which a. providing a part-time or modified work schedule. 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. Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. Which of the following is NOT true regarding the Employee Polygraph Protection Act? Hilary is the CEO of her company, which has a unionized workforce. Which of the following is generally true regarding the process of enforcing employment laws? Employers a. only if the test is having discriminatory effects. They post notices that forbid any meetings of employees during work hours to discuss unionizing. His explanation is that the danger that Vicky will burn her hands is too great for the hospital to bear. 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. The EPPA was enacted in 1988. Employee Polygraph Protection Act Introduction The Employee Polygraph Protection Act (EPPA) came into existence On December 27, 1988. 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. Yes, because the NLRA requires the parties to negotiate in good faith. To encourage an employer to discriminate against a particular employee because of a union dispute. What organization is responsible for monitoring workplace safety? Would OSHA likely find this solution satisfactory? Josh was a teacher at a public elementary school. 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? Before discussing the case, we provide a quick refresher on EPPA. Question 6.6. Does the lab need to worry about an OSHA violation in this situation? While the prior laws emphasized duties and responsibilities, the "employee at will" rule emphasized the freedom to contract. Trico has committed an unfair labor practice. 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 union claims the CBA's no-strike provision is not binding since new union leadership is in place. Does the employer have a legal right to make this threat to Zoe? Shortly thereafter, the company began hiring permanent replacement workers. FMLA. Which of the following is generally required to establish just cause for a termination? That afternoon, she was fired. On the weekends, she likes to blow glass. Malcolm wants to prevent the union, as a raise in the nurses' salaries will come out of his bonus pay. 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." 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. OSHA is the abbreviation used for both the Occupational Safety and Health Act and the Occupational Safety and Health Administration. Non-competition c. will not be enforced unless the former employer can show that they are no more restrictive than necessary. Ursula is afraid she is going to have to reschedule her surgery, because it would be too expensive to pay out of pocket. She has thrice been taken to the hospital for tests and check-ups. Under Section 9 of the NLRA, a validly recognized union: D. Josh was acting alone, so the comments did not constitute collective action. The Civil Rights Act of 1964 The Fair Credit Reporting Act The Employee Polygraph Protection Act. Which of the following would usually be considered a reasonable accommodation of disability? 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!" Which of the following can Malcolm do without violating the NLRA? Ursula loses her job two weeks before she is supposed to have her tonsils removed. 2007. D. this is something that could be addressed in the next round of collective bargaining. The decision, Cummings v. Washington Mutual, is the first in recent memory from a court with jurisdiction over Florida. 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? After the strike is over, Mega Corp.: D. The police force needs to consider all of these issues. Sally works for the U.S. 31, 226 (1977-78). After a hard eight-month strike, the union and the company reached an agreement. Which of the following is true regarding medical exams under the ADA? B. applying for jobs at pharmaceutical firms dealing with controlled substances. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. Katie is a thirteen-year-old student. a. D. Neither Susan nor Jeff is violating the NLRA. Keeping the Fair Labor Standards Act (FLSA) in mind, which of the following jobs might Katie want to consider? The Sarbanes-Oxley Act has had all of the following effects on HR EXCEPT. The Act generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. TITLE 29 - LABOR CHAPTER 22 - EMPLOYEE POLYGRAPH PROTECTION. OSHA's hazard communication standard requires: Under a. employees have a right to review all questions before the test begins. The Fair Credit Reporting Act refers to which two kinds of reports? Susan stands right next to him and hands out flyers explaining why a union would be terrible for the company. Managers at Halliborton want to prevent the union. In the 1950s, about 25% of the U.S. workforce belonged to a union. 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. Under the Fair Labor Standards Act, a "workweek": Which b. C. Verbal promises made by the employer are generally enforceable. Is Connie right? The Federal Employee Polygraph Protection Act: a. only prohibits the federal government's use of polygraphs for making employment decisions. Bargain in good faith, but it is not obligated to reach a decision. 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 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. 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 … 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. Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. After notifying the union, TriColor prohibited the workers from entering the factory to work. 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. D. All of these are legal exceptions to the employment at will doctrine. Jeff and some of his co-workers are trying to organize a union at the company. This requirement applied to off-duty time as well as job-related time. Gilbert is an OSHA inspector. Which b. the right to fair pay and benefits. Which d. Drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge. 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. D. Whether Mac is an hourly employee or paid a salary. B. Gilbert tours the plant and finds it is up to code. A. any employee could be fired at the employer's discretion unless bound by a work contract. Xavier wants to form a union at his place of employment, Halliborton. c. allows polygraphs of employees only to determine illegal drug use by them. end the test at any time. Employee Polygraph Protection Act of 1988 (the Act) through the Wage and Hour Division of the Employment Standards Administration. D. even if not approved by the company's top executives. The company: C. No, because this was not part of an on-going investigation. (full-text). 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. He is about to start the collective bargaining process for a new contract. Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for higher wages and better benefits. Edwin provided evidence of falsified financial reporting at his employer, a publicly traded company, to federal securities investigators. He also noticed that for the last few months, he has been getting migraine headaches. Sally reports her manager to the authorities. Structured interview: Definition. Under d. played no role in their employment practices. C. No, if such meetings lower work productivity. 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. A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area. The modern day rule remains the same, except under specific legal exceptions. Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so. Edwin receives whistleblower protection under the _____. Can the employer make this change? Prohibitions on lie detector use. Employee Polygraph Protection Act. In reaction to the exploitation of workers during the Industrial Revolution, employing someone "at will" is now illegal in the United States. 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 teacher handbook demands formal hearings prior to any suspension or firing. The EPPA applies to most private employers. Nora and Jim both work as counter clerks at Fendly's Ice Cream Shop. Question: A group of oil refinery supervisors from the U.S. attend … He was subsequently fired. The Uniformed Services Employment and Reemployment Rights Act (USERRA). B. nothing, as Adam's sister is not covered under the FMLA's definition of "immediate family.". She has already found another job that offers health insurance, but she won't start work for a few months. Trico, Inc. offered its employees an additional week of vacation time if they defeated the unionizing effort. The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). What protections does common law provide during the hiring process? She should receive statutory protection under which acts? 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. 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? They feel their working conditions are unacceptable. Which of the following is true of workers' compensation? Money left over in the capital equipment budget is applied to the operating budget. Which of the following is true? One morning, Jeff stands by the entrance to the plant and hands out flyers detailing why workers should join a union. Basic Provisions/Requirements. a. She wants to make some extra money so that she can afford to buy a new set of skis and a season pass to her local ski resort. Which of the following is true of OSHA reporting and recording requirements? C. At least 50% of the employees must favor the formation of a union. 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. 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. Basic Provisions/Requirements. One problem that OSHA will … 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. 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. No, unless the NLRB first orders an election. c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam. Beth works in a medical lab. The EPPA was enacted in 1988. Valley Mart has committed an unfair labor practice. 2004. Her doctor suggests immediate hospitalization and predicts a subsequent stay for the duration of at least two months. 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. 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 management convinces Xavier that he might get a large raise and definitely a promotion if a union vote is defeated. Disclosure of information § 2009. In others, the rules are recommended, but employers are not required to follow them. Select one: True False Feedback The correct answer is 'False'. How is the employment at will doctrine currently defined? Donny fired Willie. Mac works as a bookkeeper for Robots R' Us. Which of the following is not true regarding the Employee Polygraph Protection Act? Money left over in the capital equipment budget is applied to the operating budget. 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. b. employees can be disciplined or discharged for refusal to submit to a polygraph. Which of the following statements is correct? The law does not cover Federal, state, and local government agencies. 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. 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 of the following is one of HIPAA's requirements regarding pre-existing condition exclusions in group health plans? Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so. Power, Inc., which operated a coal mine, suffered financial losses and had to lay off employees. 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. To be eligible for unemployment insurance: Legal issues concerning downsizing include: The Sarbanes-Oxley d. HR exempt-level professionals must have professional certification. 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)? 5. 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. D. Civil Service Reform Act and Whistleblower Protection Act. 2008. Notice of protection § 2004. Enforcement provisions. D. Helping take care of horses at a local farm one day per week after school. Three months later, an influx of new workers arrived from the country, all of whom were willing to work for much lower wages than Lydia was receiving. The National Labor Relations Act (NLRA) guarantees employees the right to join unions. The bona c. is the only means by which employers can avoid liability for facially discriminatory policies or practices. At the time, Appleton Mills was desperate for workers and signed her to a one-year contract to operate a loom. No, because the change would require union approval. Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act? A. applying for jobs at private multinational corporations dealing with information technology. https://www.polygraph.org/employee-polygraph-protection-act-eppa- A Fendly's manager finds out about the chat room and fires Nora and Jim. A manager told one of the miners that the company would get rid of union supporters. 11/ Hearings on Polygraph,,Controland Civil Liberties Protection Act bzore the Subcomm. D. No, because the strike was an economic strike. Courts and government agencies act only after employees come forward with complaints about violations of the law. On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. Under c. delay the start of leave for employees who fail to provide 30 days notice when the need for leave is foreseeable. This is a legal lockout. The replacement worker that took over her job was retained. Dennis is applying for employment at EverTough Manufacturing. If Megan does not want to take the test, what defense might she use? This requires Vicky to place her hands near large, hot ovens to heat the glass to its melting point. 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. Once they begin negotiating, a union and employer are obligated to continue until an agreement is reached. Concerning b. 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. Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours. 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. Lydia moved to Lowell, Massachusetts, during the Industrial Revolution. FMLA. 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. Jimmy is the union head at Hoffa Enterprises. Has Fendly's violated the National Labor Relations Act (NLRA)? Yet, he still issues a citation to the plant. Credit Reporting Act the employee Polygraph Protection Act ( NLRA ) guarantees employees the to... To any suspension or firing carried over into the positions that they would be hired: a.... 'S no-strike provision is not true regarding medical exams conducted following conditional offers of employment, Halliborton to. For accommodation with other workers about union activity in the contract Reporting recording. 1988 and established the rules for the Administration of Polygraph tests are also a bunch of clowns! finds about... About the employee Polygraph Protection Act: in a doll factory, where she bicycles... The last few months, he the employee polygraph protection act quizlet been informed of the following is true... Other teachers and the fact that the company 's top executives with information relevant and necessary to effectively... Jobs in the presence of customers while she is working under a. have. 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