CLM Employment Law & Labor Relations Flashcards

Under OSHA's General Duty Clause, employers are required to:

Answer: Provide a workplace free from recognized hazards likely to cause serious harm

The General Duty Clause requires employers to maintain a work environment free from recognized hazards that could cause death or serious physical harm.

A collective bargaining agreement (CBA) is a contract negotiated between an employer and:

Answer: A union representing employees

A CBA is the negotiated agreement between an employer and the certified union representing a group of employees.

Which employment practice involves demoting or reassigning an employee in response to filing a discrimination complaint?

Answer: Retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity such as filing a discrimination complaint.

A non-compete agreement is MOST likely to be enforceable when it:

Answer: Is limited in scope, geographic area, and duration

Courts generally uphold non-compete clauses only when they are reasonable in geographic scope, duration, and the type of restricted activity.

What is the primary purpose of an I-9 form under the Immigration Reform and Control Act (IRCA)?

Answer: To verify an employee's identity and work authorization in the United States

Form I-9 must be completed for every new hire to verify that the individual is legally authorized to work in the U.S.

Which federal law requires employers with 100 or more employees to provide advance notice of plant closings or mass layoffs?

Answer: Worker Adjustment and Retraining Notification (WARN) Act

The WARN Act requires covered employers to give at least 60 days advance written notice of qualifying plant closings or mass layoffs.