Deck 24: Employment, Immigration, and Labor Law

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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.

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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 9

Under the employment-at-will doctrine, either party may terminate the employment relationship at any time and for any reason.

Question 10

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 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

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 16

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

Question 17

Like Social Security, Medicare is funded by contributions from employers only.

Question 18

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

Question 19

Employees can voluntarily pay overtime wages to otherwise ineligible employees.

Question 20

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

Question 21

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

Question 22

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 23

Federal law enables employees to continue health-care coverage after their jobs have been terminated and they are no longer eligible for group health-insurance plans.

Question 24

Workers who have been fired for misconduct or who have voluntarily left their jobs are not eligible for unemployment compensation.

Question 25

Right-to-work laws make it illegal for employers to refuse to hire applicants who are willing and able to work.

Question 26

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 27

Freeman is an employee of Guitar & Drum Company. Guitar & Drum’s employee manual states that workers, such as Freeman, 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 28

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

Question 29

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

Question 30

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

Question 31

Aisha is an employee at Bento Food Mart. Aisha is called for jury duty and as a result cannot work her scheduled shift. Bento fires Aisha. 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 32

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 33

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

Question 34

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

Question 35

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

Question 36

Employers and unions have a duty to bargain in good faith.

Question 37

Vidal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is illegally importing endangered animals to sell as pets. He reports his employer’s illegal activities but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory discharge. 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 38

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

Question 39

U.S. employers face serious penalties if they hire undocumented immigrants.

Question 40

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

Question 41

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 42

Gwyneth works for Home & Hospice Healthcare, Inc. The basis for Gwyneth'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 Home & Hospice.
B) ​annual wage base.
C) ​special job skills.
D) ​county of residence.

Question 43

Investment Sales Corporation wants to monitor its employees' electronic communications. The firm'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 44

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 45

Blayne is an employee of Chemical Refinery, Inc. Blayne is threatened with a discharge when he refuses a transfer to a Chemical Refinery department in which several employees suffered serious injuries from exposure to hazardous chemicals. Blayne may be entitled to protection from discharge under​

A) ​no law.
B) ​the Family and Medical Leave Act.
C) ​the Occupational Safety and Health Act.
D) ​the state workers' compensation act.

Question 46

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 47

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 48

Devon takes temporary family leave from her job at Equipment Rentals & 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 Rentals & Sales must​

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

Question 49

Geno's Italiano Ristorantes, Inc., employs three hundred workers at four locations in two states. Under federal law, Geno's 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 50

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 51

Price-Cut Discount stores may subject its employees to lie-detector tests when investigating

A) ​health and medical conditions.
B) ​losses attributable to theft.
C) ​prior work history.
D) ​suspected drug use.

Question 52

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 53

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 54

Truckers Dispatch Network, 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 55

Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby. 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) ​do nothing.

Question 56

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

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

Question 57

Mei-Ling, Norberto, and Oki apply to work for Poultry Processing, Inc. Poultry Processing must verify the identity of

A) ​each new hire.
B) ​only those hired as contractors.
C) ​only those hired as day workers.
D) ​none of the choices.

Question 58

Ester is a current employee of Fiber Optics, Inc. Gage, a former Fiber Optics employee, is currently unemployed. To collect unemployment compensation, Gage 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 59

Chaz works for Bridge Builders, Inc. While working on a Bridge Builders project, Chaz is injured. Under state workers' compensation laws, Chaz will be compensated only if his injury was

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

Question 60

Strawberry Fields, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Strawberry 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 61

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 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

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

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

Question 64

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 65

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 66

Service Employees International Union represents the employees of Business & Commerce Credit Corporation. Potential subjects of collective bargaining between the union and the corporation do not include​

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

Question 67

After a union election campaign among the employees of Frozen Foods Packaging & Sales 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 68

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 69

Trang is an employee of U.S. Natural Gas Company. Under federal law, Trang and other employees 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.

Question 70

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.

Question 71

Restocking Warehouse Corporation 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 72

Hu, Ivan, and Juana apply to work for King Produce Packing Company in Languor City, Georgia. These individuals' eligibility to work must be verified by

A) ​King Produce.
B) ​Hu, Ivan, and Juana.
C) ​Languor City officials.
D) ​U.S. Citizenship and Immigration Services.