Deck 12: The employment agreement

Question 1

The right to privacy guaranteed by the U.S.Constitution protects against invasions of privacy by public actors but does not protect against invasions by private actors.

Answer 1

True

Question 2

Union contracts almost universally require just cause for employee termination.

Answer 2

True

Question 3

The National Labor Relations Act prohibits employers from interrogating employees about union sentiment or activity.

Answer 3

True

Question 4

Even if an individual is an at-will employee,in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

Question 5

OSHA has safety requirements but no requirements regarding recordkeeping.

Question 6

Around half the states originally followed the employment-at-will rule.

Question 7

Rights under the Employee Polygraph Protection Act can be waived in advance by the employee.

Question 8

President Bill Clinton signed an executive order prohibiting the federal government from using genetic testing in hiring or promotion decisions.

Question 9

A private-sector employee can avoid at-will status by negotiating a contract that provides for a specific term of employment and defines how the contract can be terminated.

Question 10

The minimum wage was first established in 1938.

Question 11

State and local governments are prohibited from complying with the overtime provisions of the Fair Labor Standards Act by giving employees compensatory time in lieu of overtime pay.

Question 12

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

Question 13

The ban of the Fifth Amendment to the U.S.Constitution on unreasonable searches and seizures applies only to governmental activity.

Question 14

States vary in their willingness to enforce noncompete agreements.

Question 15

Congress declined to include whistleblower protection in the Sarbanes-Oxley Act of 2002.

Question 16

The Employee Polygraph Protection Act completely bans the use of polygraph exams.

Question 17

Federal law prohibits drug testing by private employers unless a substantial need for the testing can be shown.

Question 18

The majority of states have refused to adopt the doctrine of self-publication to support a cause of action for defamation.

Question 19

The National Labor Relations Act prohibits employers from discriminating against any employee to encourage or discourage membership in any labor organization.

Question 20

Payment of workers' compensation is based on fault.

Question 21

What does OSHA require regarding posting of information?

A)OSHA requires that notices of any potentially dangerous conditions be posted.
B)OSHA requires that any citations for violations be posted.
C)OSHA requires that notices of any potentially dangerous conditions be posted and also that citations for penalties be posted.
D)OSHA does not have any posting requirements.

Question 22

Under federal law,it is illegal to employ anyone under the age of _______,except in specified agricultural occupations.

A)fourteen
B)fifteen
C)sixteen
D)seventeen

Question 23

Which of the following would be considered a "recognized hazard" in the workplace?

A)Sharp objects
B)Radiation
C)Repetitive stress injuries
D)All of the responses are correct

Question 24

The federal minimum wage in December 2008 was

A)$6.00 per hour.
B)$6.55 per hour.
C)$6.25 per hour.
D)$5.00 per hour.

Question 25

Generally,employees who earn less than _________ per week are automatically considered eligible for minimum wage and overtime as required by the Fair Labor Standards Act.

A)$240
B)$300
C)$455
D)$550

Question 26

Which of the following is true regarding compensation for hours worked under the Fair Labor Standards Act when an employee is asked to be on standby - that is,available to return to work while off duty?

A)If an employee is asked to be on standby,the hours spent on standby will not be counted as hours worked if the employee is generally free to use the time for his or her own purposes.
B)If an employee is asked to be on standby,the hours spent on standby will be counted as hours worked for which the employee is entitled to compensation even if the employee is generally free to
Use the time for his or her own purposes.
C)If an employee is asked to be on standby,the hours spent on standby will be counted as hours worked; but the employee is only entitled to one-half of the employee's regular pay for those hours.
D)If an employee is asked to be on standby,the hours spent on standby will be counted as hours worked; but the employee is only entitled to three-fourths of the employee's regular pay for those
Hours.

Question 27

What did the U.S.Supreme Court rule regarding the drug testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms?

A)That drug testing would be allowed only if the government could establish evidence of a drug problem among that group of customs employees.
B)That the drug testing was illegal and unconstitutional.
C)That the drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved.
D)That the drug testing would be allowed because the customs employees,as public employees, had no greater rights than private employees.

Question 28

The federal Fair Labor Standards Act (FLSA),does not regulate

A)minimum wage
B)overtime pay
C)employment agreements
D)child labor

Question 29

Which of the following is a type of OSHA violation?

A)De minimis.
B)Nonserious
C)Unwillful
D)Both de minimis and nonserious

Question 30

The ________ Amendment is the most significant limitation on the right of a public employer to force drug testing on its employees.

A)First
B)Fourth
C)Fifth
D)Sixth

Question 31

Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as _________ employees.

A)exempt
B)nonexempt
C)covered
D)accommodated

Question 32

In states that apply the doctrine of ________,a defamatory statement by an employer to an employee may constitute publication where it is foreseeable that the employee would be required to repeat it.

A)tort law
B)self-publication
C)slander
D)libel

Question 33

The Employee Polygraph Protection Act generally makes it unlawful for employers to

A)Request an employee to take a polygraph test.
B)Inquire about the results of an employee's polygraph test.
C)Take any action against an employee for refusing to take a polygraph test.
D)All of the responses are correct.

Question 34

The best theory under which to attempt to hold a company liable for untrue,overzealous sales pitches that induce an applicant to take a job is ________.

A)fraudulent enticement.
B)fraudulent inducement.
C)untrue promise.
D)improper hiring doctrine.

Question 35

What type of statutes protect employees who report illegal activities going on within their company?

A)Reporting statutes.
B)Revealing statutes.
C)Discovery statutes.
D)Whistleblower statutes.

Question 36

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is

A)the Occupational Safety and Health Administration
B)the Safe Workplace Administration
C)the Health in the Workplace Administration
D)the Federal Employment Oversight Administration

Question 37

The first minimum wage was set at

A)$1.00 per hour.
B)$2.50 per hour.
C)Fifty cents per hour.
D)Twenty-five cents per hour.

Question 38

The Fair Labor Standards Act requires that,with some exceptions,every employee be paid _________ for hours worked in excess of _________ in a workweek.

A)One and one-half the regular rate of pay,40
B)Two times the regular rate of pay,40
C)One and one-half the regular rate of pay,45
D)Two times the regular rate of pay,45

Question 39

Which of the following is not typically true of a state workers' compensation statute?

A)The system is no-fault.
B)The system is based on the principle that the risks of injury in the workplace should be borne by the state.
C)An employee is entitled to benefits regardless of the level of safety in the work environment.
D)An employee is entitled to benefits regardless of the degree to which the employee's carelessness contributed to the incident.

Question 40

The enforceability of a covenant not to compete is evaluated by applying which of the following criteria?

A)Geographic scope
B)Scope of the prohibited activities
C)Duration of the limitation
D)All of the responses are correct

Question 41

The ______ which becomes effective in 2010 prohibits employers from using genetic information to make decisions about hiring,firing,or compensation.

A)The Family Medical History Act
B)Genetic Prohibition and Protection Act
C)The Privacy in Testing Act
D)Genetic Information Nondiscrimination Act

Question 42

Employers must complete a(n)_________ form showing verification of the identity and employment eligibility of all persons hired.

A)A-12
B)I-9
C)Imm.1
D)A1

Question 43

Paige is 64 years old and would like to retire from her job at an accounting firm.She,however,is concerned about health insurance.She would not be eligible for Medicare benefits until age 65,and due to some serious health conditions,she would not be able to obtain insurance in the private market.She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it.
Assuming Paige exercises her rights under federal law to maintain her insurance with the accounting firm upon her resignation,which of the following is true regarding the premiums?

A)The employer would be required to pay all of the premium.
B)The employer would be required to pay for one-half of the premium,and Paige would be required to pay for one-half.
C)Paige and the employer would pay the premium based upon whatever arrangement was in effect during her period of employment.
D)Paige would have to pay all the premium.

Question 44

Certain computer employees paid on an hourly basis will qualify as exempt from overtime requirements if he or she is paid at a rate of not less than _________ per hour.

A)$20.50
B)$27.63
C)$30.00
D)$23.05

Question 45

Fact pattern 12-1
Ricardo,an Italian citizen,who specializes in a specialized form of computer programming that his highly in demand is interested in coming to work in the U.S.A friend of his told him that he could come to the U.S.but that he would not be protected by U.S.employment laws and regulations.Ricardo also understands that a strictly enforced rule is that he could only work in the U.S.for three years.Ricardo is inclined to come to the U.S.but would like additional information regarding his rights and the process.
Refer to fact pattern 12-1.Is Ricardo entitled to the protection of U.S.employment laws and regulations?

A)Yes
B)No
C)Yes,but only the ones pertaining to minimum wage and overtime
D)Yes,but only the ones pertaining to discrimination based upon national origin and gender

Question 46

One of the requirements to qualify as an executive under the Fair Labor Standards Act is that the employee customarily and regularly direct the work of _________ other employees.

A)three or more
B)five or more
C)one or more
D)two or more

Question 47

Courts in a minority of states have recognized a bad-faith exception to the at-will employment relationship called the ______.

A)Implied covenant of good faith and fair dealing
B)Imposed contract of fair treatment
C)Imposed contract of fair treatment and ethical conduct
D)Implied obligation of fairness and ethics

Question 48

Paige is 64 years old and would like to retire from her job at an accounting firm.She,however,is concerned about health insurance.She would not be eligible for Medicare benefits until age 65,and due to some serious health conditions,she would not be able to obtain insurance in the private market.She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it.
Roxanne has a serious heart condition.She has worked as an administrator with employer-sponsored health insurance at Big Company for ten years.She has been offered a great job at Up and Coming Company that she would like to take.It pays slightly less but has great opportunities for advancement.Up and Coming has health insurance,but there is a preexisting condition with the insurance excluding coverage for any preexisting health condition for six months.Roxanne says that if she takes the job at Up and Coming she will not be able to afford to continue her health insurance from Big Company.Up and Coming wants her to start immediately.She is in a quandary about what to do.What would you advise her to consider?

A)She should consider relying on the Health Insurance Portability and Accountability Act which would likely prohibit enforcement of the preexisting condition exclusion.
B)She should consider relying on the Consolidated Omnibus Budget Reconciliation Act which would require that Big Company pay for the continuation of her insurance through Big Company for six months.
C)She should file for assistance with the insurance payments under the Worker Adjustment and Retraining Notification Act.
D)She should not take the job with Up and Coming because she cannot afford to take a risk with the preexisting condition exclusion.

Question 49

Fact pattern 12-1
Ricardo,an Italian citizen,who specializes in a specialized form of computer programming that his highly in demand is interested in coming to work in the U.S.A friend of his told him that he could come to the U.S.but that he would not be protected by U.S.employment laws and regulations.Ricardo also understands that a strictly enforced rule is that he could only work in the U.S.for three years.Ricardo is inclined to come to the U.S.but would like additional information regarding his rights and the process.
Refer to fact pattern 12-1.Which of the following would enable Ricardo to work in the U.S.?

A)A passport
B)An H-1B visa
C)A recognized visa
D)A work permit

Question 50

Under the Fair Labor Standards Act,_________ professionals must have the primary duty of the performance of work requiring invention,imagination,originality,or talent in a recognized field of artistic or creative endeavor.

A)creative
B)learned
C)trained
D)recognize

Question 51

Joe is the owner of a manufacturing company called ProfitMax.Joe finds out that a union is attempting to organize the employees at ProfitMax.Joe tells you that he will never deal with a union and that he has no plans to pay a higher wage if the union is elected.Joe has plans to tell his supervisors that they may not encourage union activity.Joe has plans to do surveillance regarding which employees attend union meetings so that he can fire them.He is also going to announce to all employees that they will get a raise if they vote against the union.He asks you what his obligations are if the union gets elected and if his other plans are legal.What would you tell him?

Question 52

Fact pattern 12-1
Ricardo,an Italian citizen,who specializes in a specialized form of computer programming that his highly in demand is interested in coming to work in the U.S.A friend of his told him that he could come to the U.S.but that he would not be protected by U.S.employment laws and regulations.Ricardo also understands that a strictly enforced rule is that he could only work in the U.S.for three years.Ricardo is inclined to come to the U.S.but would like additional information regarding his rights and the process.
Refer to fact pattern 12-1.If Ricardo comes to the U.S.to work with appropriate documentation,for how long will he generally be authorized to work?

A)For up to two years
B)For up to three years
C)For up to six years
D)For up to ten years

Question 53

Explain the concept of retaliatory discharge.

Question 54

Describe any governmental action taken toward protection against employment decisions based on genetic testing.

Question 55

Paige is 64 years old and would like to retire from her job at an accounting firm.She,however,is concerned about health insurance.She would not be eligible for Medicare benefits until age 65,and due to some serious health conditions,she would not be able to obtain insurance in the private market.She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it.
Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare?

A)The Health Insurance Portability and Accountability Act
B)The Consolidated Omnibus Budget Reconciliation Act
C)The Employee Security Act
D)The Insurance Protection Act

Question 56

Bertha works for Bad Taste,Inc.She has been employed for over 12 years by the company without a written employment contract.Last year Bertha was promoted to the position of executive secretary.The company policy manual issued 6 years ago promises that no employee may be terminated without 2 prior written warnings regarding poor job performance.Bertha has always received excellent job reviews.Recently the president resigned and was replaced by Fred,who promised to improve productivity by 20%.Bertha has just learned from Fred that she is being replaced by Sheila,who was Fred's former executive secretary.What claims may Bertha make against Bad Taste,Inc.for wrongful discharge? Does the company have any defenses? Discuss fully.
ng.

Question 57

Traditionally,defamation law requires ______,meaning that the communicator of the defamatory information must disclose the information to a third party.

A)utterance
B)publication
C)exposure
D)revelation

Question 58

Programs in effect in some states requiring employers to pay employees wages approximating the real cost of living in the locality are called ______ laws.

A)Real cost
B)Estimated expense
C)Living wage
D)Accurate wage

Question 59

Explain the legal problems raised by drug testing in the workplace.How are public and private employers treated differently under the law? What constitutional rights can an employee assert to try to defeat a drug test? How do courts balance the competing interests of the employer and the employee? Discuss fully.

Question 60

Set forth typical limits on the employer's right to terminate an employee without cause.