Deck 26: Employment, Immigration, and Labor Law

Question 1

An eligible employee may take unpaid leave under the Family and Medical Leave Act to care for a newborn baby within one year of birth.

Answer 1

True

Question 2

Private employers are generally free to hire and fire workers at will.

Answer 2

True

Question 3

Employers with eleven or more employees are required to keep occupational injury and health records for each employee.

Answer 3

True

Question 4

An express contract cannot protect an employee from discharge without good cause.

Question 5

Most of the states and the federal government have enacted statutes to protect some employees who report wrongdoing from employer retaliation.

Question 6

The Employee Polygraph Protection Act generally protects employers who require employees to take lie-detector tests .

Question 7

An employer may not fire a worker for reasons that violate a fundamental public policy.

Question 8

Employees whose jobs are classified as executive, administrative, or professional are exempt from working overtime.

Question 9

An employee who works more than the maximum forty hours per week must be paid overtime for all hours over forty.

Question 10

To recover workers' compensation, an employee injured on the job must sue the employer.

Question 11

An employer is allowed to intercept and monitor all communications made on electronic devices by employees during business hours .

Question 12

If an injury occurs while an employee is commuting to or from work, it usually is considered to be covered by workers' compensation law.

Question 13

Children under fourteen can work only in certain jobs.

Question 14

In states that require a minimum wage that is higher than the specified federal minimum wage, employers must pay the federal amount.

Question 15

Some courts have held that an implied employment contract exists between the employer and potential employees.

Question 16

In many states, the state constitution or a state statute may protect employee privacy by restricting drug testing by private employers.

Question 17

An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.

Question 18

A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

Question 19

For children who work, total working hours per week are unlimited .

Question 20

During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee.

Question 21

For a union election to be held, the organizers must show that a majority of the workers support the union.

Question 22

When workers must be laid off, the company cannot consider union participation as a criterion for deciding whom to fire.

Question 23

The Immigration Act limits the number of legal immigrants entering the United States.

Question 24

A worker who has been fired for gross misconduct or who has voluntarily left his or her job qualifies for unemployment compensation.

Question 25

Federal law allows an employer to eliminate a worker's medical, optical, or dental insurance coverage on the voluntary termination of the worker's employment.

Question 26

Frank is an employee of Guitar Makers, LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

A) an example of the doctrine.
B) an exception based on contract theory.
C) an exception based on public policy.
D) an exception based on a statute.

Question 27

Anna is an employee at Ben's Food Mart. Anna is called for jury duty and as a result cannot work her scheduled shift. Ben fires Anna. She successfully sues Ben for reinstatement. With respect to the employment-at-will doctrine, this is

A) an example of the doctrine.
B) an exception based on contract theory.
C) an exception based on public policy.
D) an exception based on a statute.

Question 28

The National Labor Relations Act established the right of private-sector employees to form unions.

Question 29

To be eligible for unemployment compensation, a worker must be willing and able to work.

Question 30

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country.

Question 31

Employers may prohibit all forms of union activity in the workplace.

Question 32

Owen is an employee of Paving Inc., which is performing a contract for the federal government. Owen learns that Paving is double-charging for the work. If he publicly reports the fraud, he may be protected by law from being fired from his job . With respect to the employment-at-will doctrine, this is

A) an example of the doctrine.
B) an exception based on contract theory.
C) an exception based on public policy.
D) an exception based on a statute.

Question 33

An employee must complete Form I-9, Employment Eligibility Verification , within three days of the start of employment.

Question 34

To pay for social insurance programs administered by the Social Security Administration, only employees must contribute.

Question 35

Typically, the first step in organizing a union is to threaten to call a strike.

Question 36

Denny works for Engineers, P.A. While working on an Engineers project, Denny is injured. Under state workers' compensation laws, he will be compensated only if the injury was

A) incidental.
B) material.
C) accidental.
D) intentional.

Question 37

The Labor-Management Relations Act established the right of private-sector employees to negotiate with employers over employment conditions.

Question 38

FoodLand Inc. employs workers, including Gina, at six locations in two states. FoodLand's discharge of Gina in conflict of the terms of an implied employment contract may result in

A) the employer's liability for breach of contract.
B) the employee's ineligibility for unemployment compensation.
C) a court's imposition of an express employment contract.
D) none of the choices.

Question 39

Under federal law, covered employers must ensure that employees' health information is not disclosed to unauthorized parties.

Question 40

During collective bargaining sessions, both parties may engage in hard bargaining, but the process must be geared to reaching a compromise.

Question 41

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

A) mechanics.
B) executives.
C) outside salespersons.
D) professionals.

Question 42

Berry Fields, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Fields can hire illegal immigrants

A) if either the employer or the immigrants file special forms.
B) only if the employer files a special form.
C) only if the immigrants file special forms.
D) under no circumstances.

Question 43

Games Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan  for a limited period of time unless they

A) are fired for gross misconduct.
B) are laid off for budgetary reasons.
C) have their hours decreased from full-time to part-time.
D) quit their jobs voluntarily.

Question 44

Ginger is an employee of Haz-Mat, Inc. She refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Ginger may be

A) entitled to higher wages for working in a hazardous department.
B) reported to the Occupational Safety and Health Administration.
C) entitled to protection from discharge.
D) subject to discharge.

Question 45

Finance Accountants, P.A., is a private employer. In most circumstances, federal law generally prohibits Finance from subjecting its employees to

A) electronic monitoring.
B) performance tests.
C) drug tests.
D) lie-detector tests.

Question 46

Interstate Trucking, Inc., keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

A) the local office of the National Labor Relations Board.
B) the governments of interested foreign nations.
C) the government of the state in which Restocking is based.
D) U.S. Immigration and Customs Enforcement .

Question 47

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment must

A) continue it.
B) suspend it.
C) terminate it.
D) add the baby to it.

Question 48

Steel Production Industries, Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel Production must do all of the following except

A) keep occupational injury and illness records for each employee.
B) report any work-related diseases.
C) report any work-related injuries.
D) pay employees higher wages for working in more dangerous areas.

Question 49

Rico works for Street Tacos Inc. The basis for Rico's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for his loss of income on retirement is

A) his seniority at Street Tacos.
B) his annual wage base.
C) his special job skills.
D) his employer's base of operations.

Question 50

Ryan is seventeen years old. Under the Fair Labor Standards Act, Ryan cannot work

A) in any job.
B) in a hazardous job.
C) for his parents.
D) delivering newspapers.

Question 51

Jorge, Kim, and Lucy apply to work for Meat Packing, Inc. Meat Packing must verify the identity and eligibility to work of

A) each new hire.
B) only those hired as contractors.
C) only those hired as day workers.
D) no new hires.

Question 52

Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby. Assuming Livia is not a key employee, on Livia's return from the leave, Meatpackers must

A) restore Livia to her same position or a comparable position.
B) reimburse Livia for her expenses while on leave.
C) promote Livia to the status of a key employee.
D) accommodate Livia with a job of her choice.

Question 53

Assembly Corporation operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to

A) hire persons not authorized to work in the United States.
B) recruit persons not authorized to work in the United States.
C) refer for a fee persons not authorized to work in the United States.
D) none of the choices.

Question 54

Under the Fair Labor Standards Act, all employees in covered industries must be paid per hour

A) a minimum wage.
B) a maximum wage.
C) overtime pay.
D) the same amount.

Question 55

The Family and Medical Leave Act requires employers to provide eligible employees with family or medical leave for any of the following reasons except

A) to care for a newly adopted child.
B) to care for a newly placed foster child.
C) to go on an extended family vacation.
D) if the employee is unable to perform the essential functions of his or her job due to a serious health condition.

Question 56

Elin is thirteen years old. Under the Fair Labor Standards Act, she can only work in certain jobs, such as

A) on a construction site.
B) a hazardous job.
C) in a factory.
D) delivering newspapers.

Question 57

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform

A) no one.
B) its employees.
C) its clients.
D) the public generally.

Question 58

Federal overtime provisions apply only after a covered employee works more than

A) eight hours in a day.
B) forty hours in a week.
C) twenty days in a month.
D) one year for the same employer.

Question 59

Analytic Data, Inc., wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

A) the noncitizen is of "ethnic similarity to the employer's workforce."
B) there is a shortage of qualified U.S. workers capable of doing the work.
C) hiring the worker will adversely affect the labor force.
D) the noncitizen is a "person with an extraordinary work ethic."

Question 60

Salsa Caliente, Inc., employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, unpaid family or medical leave of

A) up to twelve days.
B) up to twelve weeks.
C) up to twelve pay periods.
D) no limited duration.

Question 61

Flower Workers Union represents the employees of Garden Variety, Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. This most likely violates

A) the Labor-Management Relations Act.
B) the Fair Labor Standards Act.
C) the Norris-LaGuardia Act.
D) no federal law.

Question 62

Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Question 63

Herberto, Ilena, and Jon apply to work for King Poultry Company in Longstreet, Mississippi. These individuals' eligibility to work must be verified by

A) King managers.
B) the applicants.
C) state officials.
D) federal representatives.

Question 64

Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen with special qualifications. To hire Dhani, Cloud Computing should

A) complete form I-9.
B) attest to the worker's ability to perform the required tasks.
C) file for an H3 visa.
D) none of these.

Question 65

Technicians Union represents the workers of United Company. The union and the employer bargain in good faith but are unable to reach an agreement because of genuine differences of opinion. The union may call a strike

A) if the parties are deadlocked.
B) if the negotiations are ongoing.
C) if the subjects of bargaining include working conditions and worker pay.
D) under no circumstances.

Question 66

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

A) the National Labor Relations Act.
B) the Fair Labor Standards Act.
C) the Labor-Management Relations Act.
D) no federal law.

Question 67

After a union election campaign among the employees of Frozen Foods Packaging Company, the Food Packagers International Union does not obtain a majority vote in the election. This most likely violates

A) federal labor law.
B) state right-to-work laws.
C) federal wage-and-hour laws.
D) no federal or state law.

Question 68

Baristas Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Coffee Café Company. For an election to be held, the union must show that

A) none of these.
B) employees whose skills, duties, and pay are similar support a union.
C) at least 30 percent of the workers support a union or a union election.
D) all employees support a union or a union election.

Question 69

Potential subjects of collective bargaining between a union and an employer do not include

A) hiring more workers than are needed to do a certain project.
B) employee discounts.
C) health-care plans.
D) apprentice programs.

Question 70

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odell and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odell is injured in an accident that is entirely Phelps's fault. Odell files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

Question 71

Metalworkers Union represents the workers of National Fabrication Corporation. The union fails to hold elections for union officers. This most likely violates

A) the Labor Management Reporting and Disclosure Act.
B) the Fair Labor Standards Act.
C) the Labor-Management Relations Act.
D) no federal law.

Question 72

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

A) bargain collectively with their employer through their representative.
B) insist that their employer require union membership to work.
C) require their employer to contribute financially to their union.
D) refuse to bargain with their employer through their representative.