Deck 25: Employment Laws

Question 1

Under workers' compensation:

A)the employer is not liable for injuries that occur as the result of negligence by another worker.
B)the employer is liable for injuries occurring within the scope of employment without regard to fault.
C)the injuries occurring on the way to and from the job are within the course of employment,for which damages may be recovered.
D)general damages for pain and suffering,and punitive damages for employer negligence,are also available.

Answer 1

B
Explanation: In the 19^th century,it was very hard for an employee who was injured on the job to recover damages from the employer.During this period the employer could claim the fellow-servant rule as a defense.This rule declared that if the injury was the result of negligence by another worker,the employer had no liability.In the period between 1917 and 1925,most states enacted workers' compensation laws.These put liability for injuries occurring within the scope of employment on the employer without regard to fault.

Question 2

The Age Discrimination in Employment Act (ADEA)is enforced by the EEOC.

Answer 2

True

Question 3

All employees are covered by workers' compensation.

Answer 3

False

Question 4

Affirmative action has not been upheld by courts.

Question 5

Union membership and union power have dramatically increased over the past decade.

Question 6

Under the FLSA,an employer may be liable for pay when an employee works voluntarily and for short rest periods when the employee cannot use his time effectively.

Question 7

The Family and Medical Leave Act:

A)covers birth but not adoption of a child.
B)covers employees the moment they begin work.
C)requires employers with 50 or more employees to give covered employees up to 12 paid workweeks of leave per year to deal with the care of themselves.
D)provides job security to employees with serious health conditions.

Question 8

The Employment Retirement Income Security Act requires employers to establish pension plans or to meet specific benefit levels.

Question 9

The first federal safety statute that applied to all types of businesses was the Occupational Safety and Health Act.

Question 10

Under the GINA,genetic information includes family medical history.

Question 11

In terms of workers' compensation:

A)"work-related injuries" implies injuries arising out of employment or those which are related to the type of employment involved.
B)employers are required to report on-the-job fatalities and injuries that require hospitalization within 72 hours.
C)the secretary of labor authority is delegated to establish detailed health and safety standards that must be complied with by employers.
D)injuries occurring on the way to and from the job are considered to be within the course of employment.

Question 12

Private employees cannot challenge drug testing under tort theories such as invasion of privacy or infliction of emotional distress.

Question 13

The EEOC has strongly supported mandatory binding arbitration as a condition of employment.

Question 14

Employees in certain types of employment,such as farming,charitable organizations,and household service are covered by workers' compensation.

Question 15

The Occupational Safety and Health Act of 1970:

A)requires employers to establish pension plans or to meet specific benefit levels.
B)requires covered employers to pay their employees time and a half for hours worked in excess of 40 in one week.
C)is designed to provide reasonable leave periods for family-related health issues.
D)permits its inspectors to enter the workplace at any reasonable time and without advance notice.

Question 16

The Congress amended the ADA with the passage of the Americans with Disability Amendments Act (ADAA)to overturn decisions of the Supreme Court that severely limited the coverage of the ADA.

Question 17

The Lilly Ledbetter Act said that each illegal pay differential payment renewed a cause of action until the discrimination was reasonably discovered.

Question 18

States are preempted by the federal government from governing such matters as how soon wages must be paid to the employee and the garnishment of wages.

Question 19

ERISA does not cover union-sponsored pension plans.

Question 20

OSHA imposes on employers a general duty to:

A)prevent workplace hazards that may cause death or serious injury.
B)provide reasonable leave periods for family-related health issues.
C)develop and enforce their own health and safety programs.
D)make the workplace more accommodating to women and families.

Question 21

Under the ADEA and its amendments:

A)employers of 10 or more people are prohibited from discriminating against their employees on the basis of age.
B)it is permissible for employees to take early retirement on the grounds of inability to do work.
C)it is legal for employees less than 70 years of age to retire under a mandatory pension plan.
D)a BFOQ exemption is not provided. Under the ADEA and its amendments it is permissible for employees to take early retirement on the grounds of inability to do work.Retirement of employees less than 70 years old under a mandatory pension plan was made illegal by the 1978 amendments.There is an exception for executives and others receiving very high pension benefits.A BFOQ exemption is provided under the AEDA.

Question 22

This act established the Pension Benefit Guaranty Corporation to provide insurance for plans whose total assets were insufficient to pay promised benefits.

A)ADA
B)FLSA
C)ERISA
D)EPPA

Question 23

The Equal Employment Opportunity Commission:

A)permits mandatory binding arbitration as a condition of employment.
B)can initiate action under Title VII on its own.
C)is not supportive of alternative dispute resolution.
D)is based on the laissez-faire values of the 19^th century.

Question 24

Mandatory employment arbitration agreements:

A)keep employees from suing about workplace disputes.
B)do not apply to claims of discrimination.
C)are disfavored by the U.S.Supreme Court.
D)are supported by the EEOC.

Question 25

Which of the following statements about the EEOC is true?

A)It protects workers from retaliation if they refuse to do work that they reasonably believe might cause serious injury.
B)It prohibits employers from using lie detector tests on employees unless the employer is engaged in an investigation of economic losses due to theft.
C)It objects to mandatory binding arbitration as a condition of employment because it denies employees the right to bring independent discrimination claims.
D)It provides skilled people to help unions and employers in their bargaining so as to prevent strikes.

Question 26

In terms of labor law,"garnishment":

A)processes unfair practice charges brought against unions and employers.
B)occurs when the employer discontinues operations during a labor dispute.
C)is a court order that makes money or property held by a debtor subject to the claim of a creditor.
D)refers to plans for increasing the proportion of minorities or women in an employer's workforce.

Question 27

Quid pro quo harassment involves:

A)insulting an employee by calling names or playing jokes to degrade someone that can take place at even those places where you least expect them to take place.
B)demeaning,offensive,and inappropriate conduct against an employee based on their racial identification.
C)some express or implied connection between the employee's submission to sexually oriented behavior and job benefits.
D)an employee being subjected to demeaning and inappropriate conduct based on their religious practices or a disability.

Question 28

The Labor-Management Reporting and Disclosure Act:

A)requires employers to disclose the wages of their employees.
B)requires a union to have a constitution and bylaws.
C)requires employers to disclose their meeting minutes taken in any union negotiation.
D)requires that manufacturing workers be informed of hazardous chemicals in the workplace.

Question 29

According to the LMRA,which of the following is an example of unfair labor practices by the employer?

A)Setting excessive initiation fees under a union shop agreement.
B)Coercing an employee to join a union.
C)Coercing an employee in the selection of representatives for collective bargaining.
D)Establishing or dominating a labor union.

Question 30

The major piece of legislation outlawing discrimination in employment prohibiting discrimination on the basis of race,color,religion,sex,or national origin is the:

A)FLSA.
B)ERISA.
C)Age Discrimination in Employment Act.
D)Title VII of the Civil Rights Act of 1964.

Question 31

One of the major functions of NLRB is to conduct elections for employees.Identify the correct statement regarding the election process.

A)An election is held after a petition is filed with the NLRB only by the employer.
B)More than one union must always be present on the ballot for the election to take place.
C)The group of employees allowed to vote by the board is called the bargaining unit.
D)The exclusive bargaining representative for the unit represents only the employees of the unit who voted for them.

Question 32

The Employment Retirement Income Security Act of 1974:

A)primarily requires employers to establish pension plans.
B)primarily regulates the management and vesting of established plans.
C)covers only union-sponsored pension plans but not employer-sponsored pension plans.
D)processes unfair practice charges brought against unions and employers.

Question 33

Which of the following statements about the Equal Pay Act is true?

A)The Equal Pay Act was passed as an amendment to the ERISA,prohibiting sex discrimination in pay.
B)It requires that both sexes have equal pay for jobs that require equal responsibility and which are performed under similar working conditions.
C)Equal rates of pay are permitted under seniority and merit systems as well as other incentive systems.
D)It is designed to prevent problems such as underfunding and careless management of funds.

Question 34

The Equal Pay Act of 1963 was passed as an amendment to the:

A)Employment Retirement Income Security Act.
B)Labor-Management Relations Act.
C)Fair Labor Standards Act.
D)National Labor Relations Act.

Question 35

Generally,employers covered under the FLSA are:

A)those engaged in interstate commerce.
B)those whose annual gross sales exceed $1 million.
C)those whose business affects intrastate commerce.
D)those whose annual gross sales exceed $10 million.

Question 36

A contract between an employer and the union,which requires the employer to refrain from dealing in the products of another employer who is considered to be unfair to the union,is called a:

A)collective bargaining agreement.
B)competitive-hit agreement.
C)hot-cargo agreement.
D)union shop agreement.

Question 37

A "yellow-dog contract":

A)required an employee to remain a member of the union at all times in order to remain employed.
B)was widely used by employers to encourage the formation of unions.
C)required a worker taking a job to promise not to join a union.
D)specified that a worker's employment will not be affected by his union membership.

Question 38

The FLSA requires:

A)covered employers to pay their professional staff time and a half for hours worked in excess of 45 in one week.
B)covered employers to pay their employees a minimum hourly wage.
C)covered employers to pay their employees double time.
D)covered employers to pay employees of both sexes equally for jobs that require equal skill,effort,and responsibility.

Question 39

The Civil Rights Act of 1991:

A)provides Title VII coverage only to U.S.citizens working in the U.S.
B)curbed remedies for people harmed by discrimination thereby prohibiting claimants from suing for damages.
C)provides Title VII coverage to persons of all nationalities working in the U.S.
D)established that an employment decision based partly on discriminatory motives and partly on legitimate reasons is still illegal discrimination.

Question 40

Which of the following is a true statement about the Civil Rights Act of 1964?

A)The act applies to employers engaged in an industry affecting interstate commerce that have at least 10 employees.
B)Affirmative action is made illegal by the Act because it involves reverse discrimination.
C)Discrimination based on religion is permitted where religion is a BFOQ.
D)Discrimination based on race is permitted where race is a BFOQ.

Question 41

Which of the following statements is true of the ADA?

A)The ADA protects a qualified individual with a disability from discrimination on the basis of that disability.
B)Most of the provisions of the ADA are very different to those of the Rehabilitation Act.
C)The ADA makes clear that the ADAA should be interpreted in favor of broad coverage.
D)"Reasonable accommodation" under the ADA includes providing quality treatment for drug and alcohol dependency. The ADA protects a qualified individual with a disability from discrimination on the basis of that disability.In 2008,Congress amended the ADA with the passage of the Americans with Disability Amendments Act (ADAA).It did so to overturn decisions of the Supreme Court that severely limited the coverage of the ADA.Most of the provisions of the ADA are very similar to those of the Rehabilitation Act.

Question 42

Which of the following groups are covered under ADA?

A)People with AIDS or AIDS-related conditions
B)Transvestites
C)People with a substance-abuse addiction
D)Bisexuals

Question 43

Drucker Manufacturing's payroll records revealed that during June,all employees worked an average of 48 hours.Each worker received $7.20 an hour for the first 40 hours per week and $10.80 for the eight hours overtime.In May,some employees had been paid as much as $8.00 per hour for the first 40 hours,but the company reduced the scale when female employees complained that men were being paid more for the same work.The records also revealed that the plant manager and personnel manager worked as many as 60 hours per week but did not receive overtime pay.Discuss any legal problems that may exist.

Question 44

Describe Title VII of the Civil Rights Act of 1964.Discuss the purpose and coverage of the provision.

Question 45

Perry became a CPA in 2002.After working as a staff auditor and accountant for other companies,she was hired as an auditor by Big Firm in 2003.When she was hired,there were four male auditors in her area who had been with the company for several years and were classified as senior auditors.In 2004,Perry complained that she was receiving the same salary as a new male senior auditor,Bradshaw,even though she was doing the same work.When Bradshaw was brought in,Big Firm was in the process of divestiture and its policy was to fill positions with lateral transfers from other areas because of a promotion and hiring freeze.In 2005,Perry filed a complaint with the EEOC claiming that she was not being paid equally for equal work.Did Big Firm violate the Equal Pay Act by paying Perry less than the male accountants?

Question 46

Which of the following statements is true of the Employee Polygraph Protection Act?

A)If the state law regarding the use of lie detector tests is stricter than the federal law,it is preempted.
B)The act permits private employers to use mechanical lie detector tests for the purpose of screening applicants.
C)The act allows manufacturers and distributors of controlled substances wider use of mechanical lie detector tests.
D)It permits the employer to use lie detector tests on employees only if the employer is engaged in an investigation of theft.

Question 47

How does the Americans with Disabilities Act of 1990 define disability? Who is excluded from this definition?

Question 48

Which of the following statements is true of the doctrine of employment-at-will?

A)It requires certain reports to the secretary of labor which should disclose a great deal about the financial situation of the union.
B)It has been reinforced in the past 50 years by statues such as Title VII,the NLRA,and the ADEA.
C)It is based on the laissez-faire values of the 19^th century,for it leaves both the employer and employee with maximum freedom.
D)It gives workers the right to organize and bargain collectively.

Question 49

Which of the following is least likely to make the employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment-at-will doctrine?

A)Firing an employee because his religious convictions cause him to refuse to work on a contract for the Department of Defense.
B)Firing an employee for refusing to commit perjury in a million-dollar product liability suit against the employer.
C)Firing a middle-level manager for refusing to violate Title VII by faking an African-American subordinate's job evaluation to prevent promotion of the African-American.
D)Firing an employee for filing a workers' compensation claim against the employer.

Question 50

Title VII prohibits quid pro quo sexual harassment involving some express or implied connection between the employee's submission to sexually-oriented behavior and job benefits.What other type of sexual harassment does Title VII prohibit?