Deck 38: Regulation of Employment

Question 1

A person cannot be both an employee and an agent for a party at the same time.

Answer 1

False

Question 2

Collective bargaining agreements can be approved without a ratification vote by the employees.

Answer 2

False

Question 3

In a collective bargaining contract, the parties are generally not free to make an employment contract on any terms that they wish.

Answer 3

False

Question 4

In the absence of an agreement to the contrary, regardless of why an employee is discharged the employer must pay wages to the expiration of the last pay period.

Question 5

Public policy exceptions to the employment-at-will doctrine apply only to "whistleblowing" situations.

Question 6

The Dodd-Frank Act offers no whistleblower protection to employees who would seek to provide information to the SEC or Congress.

Question 7

The sole issue addressed in the Fair Labor Standards Act is child labor.

Question 8

An employee differs from an agent, who can make contracts with third persons on behalf of a principal.

Question 9

Sarbanes-Oxley (SOX) allows whistleblowers who are retaliated against, to file an immediate lawsuit in federal district court.

Question 10

An employee has a "shop right" to use an employer's invention without consideration if the invention was made during working hours with the employer's material and equipment.

Question 11

An agreement by an employee to refrain from disclosing trade secrets is generally not binding.

Question 12

Employers generally have the right to lay off employees because of economic conditions, including a lack of work.

Question 13

An employment contract that allows for termination for "good cause" or "just cause" is the legally the same as an "at-will" employment contract.

Question 14

In older cases, the employer-employee relationship was referred to as the common law's description of the master-servant relationship.

Question 15

An employment contract always will state a time or duration for the contract's applicability.

Question 16

The NLRA prohibits discrimination against employees for engaging in union activities even if they are warned of the possible consequences of their union activities.

Question 17

Under the modern trend of the employment-at-will doctrine, the employer is allowed to terminate the employment contract at any time for any reason or for no reason.

Question 18

Grievance procedures established in most collective bargaining agreements provide a means by which persons claiming the contract has been violated may have their cases decided by impartial third parties.

Question 19

Deductions from wages for cash or merchandise shortages are legal even if they reduce an employee's wages below the minimum wage.

Question 20

Collective bargaining contracts govern the rights of employers and employees only in public sectors of employment.

Question 21

Any adversely affected person may challenge the validity of an OSHA in a U.S.Court of Appeals.

Question 22

An employer may be justified in discharging an employee in any of the following scenarios except: ______.

A)nonperformance of duties.
B)incompetency.
C)serious misconduct.
D)age.

Question 23

Under the common law, an employer is under a duty to furnish an employee with a sufficient number of competent fellow employees for the work involved.

Question 24

Vesting refers to the ability of an employer to reclaim all of the funds it may have paid into a former employee's retirement fund upon that employee's decision to resign.

Question 25

The Family and Medical Leave Act entitles an employee to a total of 24 workweeks of unpaid leave during any 12-month period

Question 26

An employment contract of indefinite duration is: ______.

A)​terminable at will by the employer.
B)terminable at will by the employee.
C)terminable at will by both the employer and the employee.
D)invalid.

Question 27

In the absence of an agreement to the contrary, when an employee is discharged, regardless of the reason, the employer must: ______.

A)provide COBRA compensation.
B)make a two-week severance payment.
C)pay wages to the expiration of the last pay period.
D)create a severance package based on market conditions.

Question 28

Employers generally have the right to lay off an employee because of _____, sometimes referred to as reductions in force (RIFs).

A)​economic conditions
B)nonperformance of duties by the employee
C)theft by the employee
D)possession of drugs by the employee

Question 29

The Immigration and Naturalization Act (INA) sets forth criminal and civil penalties against employers who knowingly hire illegal aliens.

Question 30

"Permissive" subjects of bargaining include seniority provisions, promotions, layoff and recall provisions, no-strike no-lockout clauses, and grievance procedures.

Question 31

Under the FLSA, workers in all of the following groups may be legally paid less than minimum wage except for: ______.

A)Full time college students.
B)Individuals with impaired productive capacity due to mental disability
C)Domestic service workers.
D)Workers at firms engaged in interstate commerce.

Question 32

The National Labor Relations Act applies to: ______.

A)private-sector employers with gross incomes of $5 million or more.
B)private employers with gross incomes of $500,000 or more.
C)railroad and air carriers with 300 employees or more.
D)public sector government employees.

Question 33

In older cases, the employment relationship was called the______ relationship.

A)principal-agent.
B)employer-employee.
C)boss-worker.
D)master-servant.

Question 34

In the case of defined benefit plans, the employer must cover any underfunding that may result from the plan's poor performance.

Question 35

Which of the following is a permissive versus a mandatory subject of union bargaining?

A)​wages
B)hours
C)benefits for already retired workers
D)no-strike no-lockout clauses

Question 36

A defined contribution plan is an employer commitment to make specified future payments to participants upon retirement.

Question 37

An employer is prohibited from requiring any documentation to determine a potential employee's work eligibility other than a driver's license and a social security card.

Question 38

Under a collective bargaining situation: ______.

A)​groups of employers meet to draw up contracts for all of their employees.
B)representatives of the employees bargain with a single employer or a group of employers for an agreement on wages, hours, and working conditions for the employees.
C)groups of employees meet to dictate the terms of employment to their employers.
D)both management and labor meet to arbitrate their differences.

Question 39

Workers' compensation statutes provide the exclusive remedy for employees who are covered by such statutes and who suffer job-related injuries.

Question 40

Which of the following categories of individuals are exempt from the minimum wage provisions of Fair Labor Standards Act (FLSA)?

A)​executives
B)factory workers
C)full-time babysitters
D)housekeepers

Question 41

The Federal Wiretapping Act makes it unlawful to intercept oral and written communications, except: ______.

A)for personal phone calls without the employee's consent.
B)when an employer monitors a firm's phones during the course of business.
C)when an employer monitors an employee's private email.
D)for personal calls after it is ascertained the call is purely personal.

Question 42

Unemployment compensation benefits will most likely be denied to all of the following groups of people except: ______.

A)an employee who steals company property and is fired.
B)full-time students.
C)an employee who quits a job without cause.
D)an employee who is injured on the job.

Question 43

The right of an employee to pension benefits paid into a pension plan in the employee's name by the employer is referred to by the term: ______.

A)​venue.
B)accrual.
C)vesting.
D)investing.

Question 44

Joe Swartz, an employee of Acme Company, worked for months during company time and used Acme's equipment to develop an idea that he had been nurturing.Finally, the idea came to fruition.Swartz's employer laid claim to the invention on the grounds that the firm's equipment had been utilized on company time.Swartz had obtained a patent on the invention and claimed that his employer had no rights to the invention at all.Who is right? How could an employer guard against such arguments in the future?

Question 45

Workers' compensation statutes do not typically provide for: ______.

A)immediate medical benefits.
B)prompt periodic wage replacement.
C)a death benefit.
D)punitive damages.

Question 46

A dispute arose in a small factory and the workers decided to strike concerning the firing of an employee for union-organizing activity.As the strike wore on without resolution, the employer hired what the employer called permanent replacements for the strikers.Eventually, the strike was settled.Are the fired workers entitled to getting their jobs back?

Question 47

Under which circumstance will an employee not be entitled to Workers' Compensation benefits for an on-the-job injury?

A)an injury that is the result of an employee's own negligence
B)an injury that is the result of an employee's own gross negligence
C)an injury that is caused by a fellow employee
D)an injury that is the result of an employee's intoxication

Question 48

Employers may verify ______ through the federal government's employment verification program using the ______ system.

A)employers' compliance with ICRA, E-Verify
B)new employee eligibility status, I-9
C)new employee eligibility status, E-Verify
D)new employee eligibility status, ICRA

Question 49

To be eligible for FMLA leave, an employee must have been employed by a covered employer for at least __________ months and have worked at least __________ hours during the 12-month period preceding the leave.

A)6; 1,250
B)6; 1,500
C)12; 1,250
D)12; 1,500

Question 50

The Social Security Act established the federal Supplemental Security Income (SSI) program to aid all of the following persons except: ______.

A)​The aged
B)The blind
C)The disabled
D)The infirm.

Question 51

ERISA establishes an insurance plan to protect employees when the employer goes out of business.To provide this protection, the statute created a: ______.

A)Pension surety system.
B)Pension Benefit Guaranty Corporation.
C)Pension Accrual Compensation System.
D)bond system of payment.

Question 52

Algonquin Industries was a small business that hired mostly recent immigrants to the United States and paid them a minimum wage.The business prospered and people began to come around to organize the workers into a union.Officials of Algonquin spoke against the advisability of joining the union.Finally, a date for a certification vote was set.In the days leading up to the vote, Algonquin officials began to intimate that those workers who voted against the union would receive overtime opportunities "as they became available." A charge has been brought that this is an unfair labor practice.Decide.

Question 53

Employers are required to maintain records of certain occupational illnesses and injuries by: ______.

A)​ECHO.
B)ESCHA.
C)OSHA.
D)ECOT.