Deck 16: Employment, immigration, and Labor Law

Question 1

The basis for an employee's contribution to Social Security is the employee's age.

Answer 1

False

Question 2

All unemployed workers who are willing and able to work are not eligible for unemployment compensation.

Answer 2

False

Question 3

Through agents,a principal can conduct multiple business operations simultaneously.

Answer 3

True

Question 4

Under the doctrine of respondeat superior,an agent is liable for the principal's negligence.

Question 5

Under federal law,only key employees who take temporary family or medical leave are entitled to job reinstatement.

Question 6

The relationship between a principal and an independent contractor always involves an agency relationship.

Question 7

All employers must provide their employees with up to twelve months of family or medical leave.

Question 8

Children must be at least thirteen years old to work in hazardous occupations.

Question 9

Remedies of the agent for breach of duty by the principal arise out of contract and tort law.

Question 10

An agency relationship can only be formed with a written agreement.

Question 11

A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

Question 12

Only the federal government sets safety standards governing workplaces.

Question 13

State workers' compensation laws establish a procedure for employees injured on the job to sue their employers.

Question 14

Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

Question 15

Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

Question 16

An employee can usually recover workers' compensation for injuries occurring on the commute to and from work.

Question 17

A principal is responsible for all intentional torts committed by an agent.

Question 18

If an employee dies in a work-related incident,the employer must notify OSHA within eight hours.

Question 19

Employees are entitled to overtime pay only at their employer's discretion.

Question 20

Real estate brokers are independent contractors.

Question 21

An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

Question 22

An employer may not hire substitute workers to replace strikers.

Question 23

Unfair labor practices are defined by the Norris-LaGuardia Act.

Question 24

Picabo drives a truck as an employee for Quik Delivery,Inc.Picabo would most likely be considered acting outside the scope of her employment if she ​

A)crashed into a car at the airport while off duty.
B)hit a pedestrian in a parking lot during a "working" lunch.
C)ran over an attendant at Quik's gas station while refueling the truck.
D)smashed into a store-front while intoxicated on-duty.

Question 25

Management may never legally limit unionizing activities.

Question 26

Generally,an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.

Question 27

To hire employees from other countries,an employer must first obtain the approval of the U.S.Immigration and Customs Enforcement.

Question 28

An employer may hire an illegal immigrant under some circumstances.

Question 29

Employers that fall under the provisions of the Federal Unemployment Tax Act of 1935 are taxed at regular intervals.

Question 30

Individual states may pass their own right-to-work laws.

Question 31

An employer can refuse to bargain collectively with a duly designated employee representative​

Question 32

Only federal law governs drug tests of private-sector employees.

Question 33

There is no federal regulation of employers' retirement plans for employees.

Question 34

The Norris-LaGuardia Act effectively declared a national policy permitting employees to organize.

Question 35

Jackson Lumber hires Owen to purchase wood from various sources on behalf of Jackson Lumber.In this relationship,Jackson Lumber is the​

A)employee.
B)independent contractor.
C)principal.
D)agent.

Question 36

Delite Candy Company hires Elton to sell Delite's products in a certain area.Delite agrees to pay Elton a salary,plus commission,for a trial period.They also agree that Elton can sell using any methods and during any hours that seem appropriate.The most important factor in whether Elton is Delite's employee is

A)the amount of Elton's salary.
B)the control Delite has over the details of the work.
C)the length of the trial period.
D)the title that designates Elton's position.

Question 37

An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.

Question 38

The privacy rights of private-sector employees are governed by state law,which varies widely.

Question 39

Bob,a salesperson at a Carpets Galore store,tells Dita,a customer,"Buy your carpet here,and I'll install it for half of what the store would charge." Dita buys the carpet,which Bob in-stalls for half the store's price.Bob keeps the money.Bob has breached​

A)no duty.
B)the duty of loyalty.
C)the duty of notification.
D)the duty of obedience.

Question 40

Rita is appointed as an agent for Superior Sales,Inc.The agency agree-ment is silent as to the level of sales that Rita is expected to achieve.She must

A)achieve nothing because the agreement says nothing on the issue.
B)attain the level that Rita achieved with her previous employer.
C)maintain the level Superior attained before Rita became an agent.maintain the level Superior attained before Rita became an agent.
D)use reasonable diligence and skill in selling.

Question 41

Investors Fund,a large financial institution,announces that it will start monitoring its employees' electronic communications. If Mary,an Investors Fund employee,resists this policy,her best argu-ment is that the monitoring violates​

A)employee privacy rights.
B)worker health and safety.
C)federal labor law.
D)the employment-at-will doctrine.

Question 42

Samson is a government employee.Samson is limited in drug testing by the​

A)First Amendment.
B)Second Amendment.
C)Fourth Amendment.
D)Eighth Amendment.

Question 43

Mineral Mining Corporation is a U.S.employer.Mineral,and other U.S.employers,must perform I-9 verifications for​

A) a random selection of new hires.
B)every other new hire.
C)only new hires with certain characteristics.
D)each new hire.

Question 44

Fruits & Vegetables,Inc.,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in seven states.Fruits & Vegetables 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 45

The Employee Polygraph Protection Act of 1988 prohibits most private employers from doing all of the following except​

A)requiring or causing employees or job applicants to take lie-detector tests.
B)using,accepting,or referring to,or asking about the results of lie-detector tests taken by employees or applicants.
C)taking or threatening negative employment-related action against employees or applicants based on results of lie-detector tests.
D)using lie-detector tests to investigate losses due to theft.

Question 46

Julie works as an employee for Organic Produce Express,Inc.(OPI).Rowan,who is unemployed,collects unemployment compensa-tion.This compensation is provided by a tax on​

A)Julie and other employees.
B)Julie,OPI,and other employees and employers.
C)OPI and other employers.
D)not Julie,OPI,or other employees or employers.

Question 47

Nimble Numbers Accounting Corporation,a private employer,handles bookkeeping for small employers.In most circumstances,with exceptions,federal law clearly pro-hibits Nimble from subjecting its employees to​

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

Question 48

Phyllis intentionally injures herself while performing her job for Stone Cutters,Inc.Phyllis will be entitled to​

A)full workers' compensations.
B)half of the normal workers' compensation.
C)10 percent of the normal workers' compensation.
D)no workers' compensation.

Question 49

Big Drill Oil Company employees one hundred workers.Big Drill must do all of the following except​

A)keep occupational injury and illness records for each employee.
B)report any work-related diseases directly to OSHA.
C)report any employee death due to a work-related incident to OSHA within eight hours.
D)pay employees higher wages for working in more dangerous areas.

Question 50

Café Cuisine Dining,Inc.,employs one hundred workers at three locations in two states.Under federal law,Café Cuisine must pro-vide its employees,during any twelve-month period,family or medi-cal leave of up to

A)twelve days.
B)twelve weeks.
C)twelve months.
D)twelve years.

Question 51

Hu,Ivan,and Juana apply to work for King Meatpacking Company.These individuals' identities and eligibility to work must be verified by​

A)the employer.
B)the individuals.
C)the individuals' countries of origin.
D)the U.S.Citizenship and Immigration Services.

Question 52

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico.Due to the location,it would be easier for Southwestern to employ noncitizens.With respect to persons not authorized to work in the United States,an employer can

A)hire them.
B)recruit them.
C)refer them for a fee.
D)not hire them,recruit them,or refer them for a fee.

Question 53

Quinn is an employee of Regional Industries,Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals.Quinn 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 54

Clive works for Digby Excavation Corporation.While operating a backhoe,Clive suffers an injury.Clive will be compen-sated under state workers' compensation laws only if​

A)he does not have health insurance.
B)he is completely disabled.
C)his injury was accidental.
D)his injury was intentional.

Question 55

Taylor is seventeen years old. Under the Fair Labor Standards Act,she​

A)cannot work in a hazardous occupation.
B)cannot work during school hours.
C)​must obtain a permit to work.
D)none of the choices.

Question 56

Which of the following is not a common form of electronic surveillance of employees in the workplace?​

A)Reviewing employees' emails
B)Requiring employees to wear electronic location monitoring bracelets
C)Video-recording job performance
D)Listening to employees' telephone conversations

Question 57

Jo works for Tall Tales Publishing,Inc.The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA)is based on her​

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

Question 58

Hoppy,who works as an employee for Imperial Power Corporation,suffers an injury in an accident.Hoppy will be compen-sated under state work-ers' compensation laws​

A)only if the injury occurred during working hours.
B)only if the injury occurred off the job.
C)only if the injury occurred on the job.
D)whenever and wherever the injury occurred.

Question 59

Network Industries,Inc.,wants to monitor its employees' electronic com-munications.To avoid liability under laws related to employee monitor-ing,Network should announce the monitoring to​

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

Question 60

Cash is an employee of Drowsy Resort,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 61

Clerical Workers Union represents the employees of Miracle Medical Research Company.The management of the firm refuses to bargain with the union over the hiring of unnecessary workers.This violates​

A)federal labor law.
B)state right-to-work laws.
C)federal employment discrimination law.
D)no federal or state law.

Question 62

Elections for union officers are regulated by​

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

Question 63

During a union election campaign,Bonds & Loans Finance Company prohibits on-site solicitations by Credit Workers Union,which is seeking the workers' unionization,while permitting charities to solicit the same workers.This violates​

A)federal labor law.
B)federal elections law.
C)federal income security law.
D)no federal law.

Question 64

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.Occasionally,a position opens for an individual with highly specialized skills,particularly to operate and maintain the company's inventory and sales control systems.Can Healthy Harvest 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 Healthy Harvest be assured that it is hiring only citizens?

Question 65

Employers are not allowed to interfere with employees' efforts to form or join a union under

A)the Norris-LaGuardia Act.
B)the National Labor Relations Act.
C)the Labor-Management Reporting and Disclosure  Act.
D)the Labor-Management Relations Act.

Question 66

During a union election campaign,Residential Interim Healthcare,Inc.,prohibits on-site solicitations by any party,including Service Employees International Union,which is seeking the workers' unionization.This violates​

A)federal labor law.
B)federal elections law.
C)federal income security law.
D)no federal law.

Question 67

Dag is an employee of Ridge Mining Company.Under federal labor law,Dag and other employees have the right to​

A)bargain collectively with Eagle through their representatives.
B)insist that Ridge require union membership as a condition of work.
C)interfere with the efforts of others to form labor organizations.
D)refuse to bargain with Ridge through their representatives.

Question 68

Food Packagers Union represents the workers of Garden Variety,Inc.The company does not require its workers to join the union as a prerequisite to obtaining employment.The union would like the employer to require the workers to join after a specified amount of time on the job.This would violate​

A)federal labor law.
B)federal full employment law.
C)federal employment discrimination law.
D)no federal law.

Question 69

Finance Professionals Union represents the workers of Business & Commerce Banking Corporation.The management of the firm refuses to bargain with the union.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 70

The employee union at Top Tech Toys decides to go on strike.Their strike will be legal if​

A)the strikers form a picket line.
B)the strikers form a massed barrier and deny management and nonunion workers access to Top Tech Toys' plant.
C)the strikers stay in Top Tech Toys' plant without working.
D)the strikers violently attack management.

Question 71

Principal Resources Corporation contracts with Quality Construction to build an addition to Principal's corporate office building.Quality contracts with Rite Supply Company for materials for the addition but refuses to pick up the materials.Meanwhile,Principal hires Skye,a certified public accountant,to work in its cost-accounting division as an employee,with no authority to hire or supervise others.Skye asks Theo,an outside experienced accountant,to advise her on certain accounting procedures but fails to pay Theo for the service.Principal also contracts with Uma,a salesperson,to solicit orders for its products in a designated territory.Uma obtains an order from Verity Industries,Inc.,which is assured the order will be filled soon.But Uma does not follow through with the paperwork and fails to submit the order to Principal.Verity suffers a loss.Rite Supply,Theo,and Verity Industries claim Principal is liable under agency law.Discuss fully whether an agency relationship was created by Principal with Quality Construction,Skye,or Uma.

Question 72

Following a union election campaign by Hospitality Workers Union among the employees of Idyll Hotels & Resorts,Inc.,the union does not obtain a majority vote in the election.This most likely violates​

A)federal labor law.
B)federal elections law.
C)federal income security law.
D)no federal law.