Grohar-Murray
Chapter 12: Legal Issues in the Workplace
Learning Objective 1
Describe the reasons for becoming familiar with workplace laws.
1. The nurse has been assigned to care for eight high-acuity clients during the scheduled
shift. The normal nurse-to-client ratio on this unit is one nurse to five clients. Two of the
nurses who were scheduled to come in for this shift called and stated that they were
unable to work. The nurse asks the nurse manager about the legal issues surrounding
short staffing. Which of the following is the nurse manager’s best response?
1. “The Fair Labor Standard Act addresses these issues. You will receive extra
financial compensation.”
2. “There is a bill called the Safe Nurse Staffing Bill that is attempting to
establish a minimum nurse staffing ratio to best meet client acuity levels.”
3. “The Family and Medical Leave Act protects the staff members who were
unable to come in today for their shifts. You have no right to complain.”
4. “There is no research to suggest that caring for this many clients will affect
the quality of care provided.”
2. The nurse has decided to move across the country. The nurse discusses the move with
several peers. Which of the following responses is the best advice from a peer regarding
ways for the nurse to prepare professionally for the move?
1. “You should make sure all of your nursing skills you currently use are sound
by reviewing the skills in a nursing text.”
2. “You’ll have to prepare to take the NCLEX again. All of the states require
that to transfer nursing licenses.”
3. “You need to figure out which nursing union you will want to join.”
4. “Get a copy of the state’s Nurse Practice Act so you will know what you can
and cannot do in your new job.”
Learning Objective 2
List the most common workplace laws with relevance for nurses.
3. The nurse has worked four 8-hour shifts this week. The nurse manager has requested
that the nurse work another shift. The addition of which of the following shifts would be
considered overtime and would be regulated by the Fair Labor Standard Act? Select all
that apply.
1. 8-hour shift on Christmas Day
2. 10-hour shift
3. 6-hour shift
4. 5-hour shift
5. 9-hour shift
4. The nurse’s contract states that the nurse will receive $27.22 per hour worked. The
nurse worked 45.5 hours in one week, at the request of the nurse manager. According to
the Fair Labor Standard Act, how much money will the nurse be paid for this week’s
work? Fill in the blank. Round to the nearest penny.
________
5. The nurse manager is interviewing a nurse for a possible position with the health care
organization. Which of the following is an appropriate question for the nurse manager to
ask the nurse during the interview?
1. “How many more children do you want to have?”
2. “Are you currently married?”
3. “Can you tell me about your ethnic background?”
4. “Can you tell me about your triage skills?”
6. The nurse manager is providing education to the nurses about the importance of
utilizing methods to prevent legal action by clients and clients’ families, such as
documenting care in a thorough and timely manner. Which of the following statements
by one of the nurses indicates that further teaching is needed regarding the importance of
understanding legal issues and the current litigation processes related to health care?
1. “The physicians make a lot of money. They can afford to be sued.”
2. “The juries are awarding so much money to clients in some malpractice
cases.”
3. “It seems like lawyers and their clients are really focusing a lot on health care
and less focused on other fields.”
4. “It seems like so many people in the United States who have an issue with
another person think they can solve the problem by suing them.”
7. The nurse told the nurse manager about a situation with another co-worker. The co-
worker placed a hand on the nurse’s thigh and made a sexual comment. During a
discussion between the nurse manager and the nurse manager’s immediate supervisor,
which of the following responses reflects the best way to approach the situation?
1. “I’ve requested information from the human resources department regarding
termination of the employee who is accused of sexual harassment.”
2. “I’ve decided to wait and see if this will blow over with time.”
3. “I’ve scheduled a meeting this afternoon with the employee accused of sexual
harassment to see how we can prevent this from happening in the future.”
4. “I’ve decided to let the nurse deal with it alone. I’m not sure how I can help,
and I can’t be here all of the time to watch over these employees.”
8. The nurse manager is preparing a staff education program about sexual harassment.
Which of the following interventions by the nurse manager would be the primary way to
reduce or avoid organizational costs associated with sexual harassment?
1. Discuss the many forms of sexual harassment.
2. Discuss reporting procedures for sexual harassment.
3. Discuss reactions and behaviors that can result in victimization.
4. Target only those accused of sexual harassment to discuss disciplinary
actions.
9. The nurse tells a peer that the nurse is being sexually harassed. Which of the following
statements by the nurse best describes quid pro quo sexual harassment?
1. “The nurse manager touched me inappropriately while we were in the supply
closet.”
2. I was told that I would be promoted if I had a sexual relationship with the
nurse manager.”
3. “Every time I walk in the room, the nurse manager tells a sexist joke.”
4. “I hate that pin-up calendar with all of the nude pictures in the break room.”
10. The nurse manager and the human resources department are reviewing information
about a group of nurses, their employment history and current circumstances, and how
these issues are related to the Family and Medical Leave Act. Which of the following
nurse employees might be entitled to the benefits associated with this act? Select all that
apply.