Deck 34: Employment, Immigration, and Labor Law

Question 1

Whenever a work-related injury or disease occurs, employers must make reports directly to the Occupational Safety and Health Administration.

Answer 1

True

Question 2

Children under fourteen years of age are not allowed to work.

Answer 2

False

Question 3

Children aged fourteen and fifteen are allowed to work in hazardous occupations.

Answer 3

False

Question 4

The Occupational Safety and Health Act imposes on employers a general duty to keep the workplace safe.

Question 5

Under the employment-at-will doctrine, an employment relationship may be terminated at any time and for any reason by the employer but not by an employee.

Question 6

Employees who are exempt from the federal overtime provisions include manual laborers and other blue-collar workers.

Question 7

Workers are eligible for unemployment compensation even if they were fired for misconduct or voluntarily left their jobs.

Question 8

The most common exception to the employment-at-will doctrine is made on the basis that a worker was fired for reasons that violate fundamental common sense.

Question 9

Only employers contribute under federal law to help pay for benefits that will partially make up for their employees' loss of income on retirement.

Question 10

An employee who discloses information relating to fraud perpetrated by his or her employer against the government is protected from retaliatory discharge under federal and state statutes.

Question 11

An eligible employee may take leave under the Family and Medical Leave Act to care for the employee's spouse, child, or parent who has a serious health condition.

Question 12

Any employee who works more than six hours per day must be paid overtime.

Question 13

Employers that have fifty or more employees must provide certain employees with up to twelve weeks of paid family or medical leave during any twelve-month period.

Question 14

Following leave under the Family and Medical Leave Act, most employees must be restored to their original or a comparable position.

Question 15

To recover workers' compensation, an employee must prove that an injury did not occur on the job or in the course of employment.

Question 16

Employees can voluntarily pay overtime wages to otherwise ineligible employees.

Question 17

Whistleblowing occurs when an employer signals the end of a workday by sounding a buzzer, ringing a bell, or otherwise "blowing the whistle."

Question 18

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

Question 19

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

Question 20

Generally, under employment-at-will doctrine, an employer may fire an employee even if doing so would violate a federal or state statute.

Question 21

Medicare is funded by contributions from the employer and the employee.

Question 22

Anna is an employee at Bento Food Mart. Anna is called for jury duty and as a result cannot work her scheduled shift. Bento fires Anna. She successfully sues Bento 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 tort theory.

Question 23

Leon, Mia, Nestor, and Orina are employees of different-sized employers in different industries. 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 24

Private retirement plans set up by employers are covered by the Employment Retirement Income Security Act.

Question 25

Employees of private employers have some privacy protection under tort law and state constitutions.

Question 26

To be protected by federal labor law, an individual must be an employee or a job applicant.

Question 27

A proposed union must represent an appropriate bargaining unit of an employer's employees.

Question 28

To gain authorization for hiring a foreign worker, an employer must show that the hiring will not adversely affect other workers similarly employed.

Question 29

For a union election to be held, at least 30 percent of the workers to be represented must support a union or an election on unionization.

Question 30

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

A) ​in the entertainment industry.
B) ​in a hazardous occupation.
C) ​for her parents.
D) ​in the agriculture industry.

Question 31

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 tort theory.

Question 32

U.S. employers face penalties if they hire undocumented immigrants, but the penalties are not serious.

Question 33

Drug-testing of private-sector employees is governed by federal law.

Question 34

In a typical strike, an employer has a right to hire replacement workers to substitute for striking workers.

Question 35

During collective bargaining, the employer and the union are obligated to reach an agreement.

Question 36

On Form I-9, an employer must declare that an employee produced documents establishing his or her identity and legal employability.

Question 37

FasTite Tool Company employs workers, including Gina, at six locations in two states. FasTite's discharge of Gina outside the terms of an implied employment contract may result in​

A) ​FasTite's liability for breach of contract.
B) ​Gina's ineligibility for unemployment compensation.
C) ​the two states' joint assumption of control over FasTite's operations.
D) ​none of the choices.

Question 38

An employer can exclude persons from employer-provided health-insurance coverage for preexisting conditions.

Question 39

Employers can require or cause employees, but not job applicants, to take lie-detector tests.

Question 40

If a union loses the majority support of those it represents, an employer is not obligated to continue recognition of the union.

Question 41

Shipping Dispatch, LLC, provides its employees with an e-mail system. The company notifies them that it will monitor their communications over the system. Some employees file a suit against their employer, claiming a violation of privacy. The court is most likely to hold that, with respect to communications over the e-mail system,​

A) ​the employees did not have a reasonable expectation of privacy.
B) ​the employer violated the employees' privacy rights.
C) ​federal law prohibits the employer's "intentional interception."
D) ​federal law prohibits the employees' privacy claim.

Question 42

Analytic Projections, Inc., a data analysis firm, 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 no shortage of qualified U.S. workers capable of doing the work.
C) ​hiring the worker will not adversely affect the labor force.
D) ​the noncitizen is a "person with an extraordinary work ethic."

Question 43

Livia takes temporary family leave from her job at Manufacturers Corporation to care for a new baby. On Livia's return from the leave, Manufacturers 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) ​do nothing.

Question 44

GameCraft, Inc., employs four hundred workers at three locations in three states. Workers who lose their jobs with GameCraft have a right to continued health-care coverage under the company's group plan 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 45

​Workhorse Air Crane Corporation employs aircraft mechanics, computer 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) ​aircraft mechanics.
B) ​computer programmers.
C) ​outside salespersons.
D) ​professionals.

Question 46

Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Data from subjecting its employees to​

A) ​job-skills tests.
B) ​monitoring of business communications.
C) ​drug tests.
D) ​lie-detector tests.

Question 47

Seiko works for TallTales Publishing, Inc. The basis for Seiko's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is her​

A) ​seniority at TallTales.
B) ​annual wage base.
C) ​special job skills.
D) ​county of residence.

Question 48

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, 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 49

Motor Vehicle 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 50

Flo is seventeen years old. Under the Fair Labor Standards Act, she cannot work​

A) ​in the entertainment industry.
B) ​in a hazardous occupation.
C) ​for her parents.
D) ​in the agriculture industry.

Question 51

Investment Sales Corporation wants to monitor its employees' electronic communications. Investment Sales's best course of action to avoid liability under laws related to employee monitoring is to notify​

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

Question 52

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with notice of at least​

A) ​thirty days.
B) ​sixty days.
C) ​ninety days.
D) ​one year.

Question 53

Ethan, a former employee of Fiber Optics, Inc., is currently unemployed. To collect unemployment compensation, Ethan must​

A) ​be willing and able to work.
B) ​have been fired for misconduct.
C) ​have voluntarily left his job.
D) ​not be actively seeking employment.

Question 54

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 55

Curtis is an employee of Deepwater Drilling, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than​

A) ​eight hours in a day.
B) ​forty hours in a week.
C) ​160 hours in a month.
D) ​one year for the same employer.

Question 56

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) ​only members of ethnic minorities.

Question 57

Lenny works for Mechanical Engineers, P.A. While working on a Mechanical Engineers project, Lenny is injured. Under state workers' compensation laws, Lenny will be compensated only if his injury was​

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

Question 58

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

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

Question 59

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 60

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 61

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 62

Metalworkers Union represents the workers of National Fabrication Corporation. The employer refuses to bargain with the union over workplace safety. 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 63

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odele 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, Odele is injured in an accident that is entirely Phelps's fault. Odele files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

Question 64

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

A) ​the U.S. Department of Labor.
B) ​the Social Security Administration.
C) ​U.S. Immigration and Customs Enforcement.
D) ​the National Labor Relations Board.

Question 65

Interstate Storage & 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) ​the federal government.

Question 66

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union over wages and working conditions. This violates​

A) the National Labor Relations Act.​
B) ​the Fair Labor Standards Act.
C) ​the Social Security Act.
D) ​no federal law.

Question 67

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

A) King managers.​
B) ​none of the choices.
C) ​Languor officials.
D) ​U.S. Citizenship and Immigration Services representatives.

Question 68

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 violates​

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

Question 69

Minnie, an employee for Nursing Home, Inc., goes out on strike with other employees. Nursing Home hires replacements for the striking workers. The replacement workers can be considered permanent if the strike is​

A) ​an economic strike.
B) ​a sit-down strike.
C) ​a wildcat strike.
D) ​an unfair labor practice strike.

Question 70

National Auto Parts Company runs an after-market auto parts-replacement company. Most of National Auto Parts's business is done during the spring and summer. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory control systems. Can National Auto Parts hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can National Auto Parts be assured that it is hiring only citizens?

Question 71

Service Employees International Union represents the employees of Therapy Rehabilitation Corporation. Potential subjects of collective bargaining between the union and the corporation do not include​

A) ​hiring more workers than necessary to do a certain project.
B) ​employee wages.
C) ​employment benefits.
D) ​working conditions.

Question 72

Food Handlers Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Roasters Coffee Company. For an election to be held, the union must represent​

A) ​all of Roasters's employees.
B) ​Roasters's workers who have a mutuality of interest.
C) ​workers with similar jobs for Roasters's competitors.
D) ​Roasters's best interest.