Deck 19: Employment, Immigration, and Labor Law

Question 1

If a principal cannot be contacted in an emergency situation, an agent cannot deviate from previously given instructions.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

The Fair Labor Standards Act extended wage and hour requirements to cover all employees engaged in interstate commerce.

Question 5

An independent contractor is an employee.

Question 6

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

Question 7

There is federal regulation of employers' pension plans for employees.

Question 8

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

Question 9

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

Question 10

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

Question 11

An agent has a duty to keep and make available to the principal an account of all property and funds received and paid out on behalf of the principal.

Question 12

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

Question 13

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

Question 14

It is basic tenet of agency law that notice to the agent is notice to the principal.

Question 15

Only federal statutes protect employees and their families from the risk of accidental injury, death, and disease resulting from their employment.

Question 16

A disclosed principal is a principal whose identity is not known by the third party at the time the contract is made by the agent.

Question 17

All unemployed workers who are willing and able to work are eligible for unemployment compensation.

Question 18

A principal owes an agent a duty of compensation.

Question 19

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

Question 20

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

Question 21

An employer may hire replacement workers to substitute for the workers who are on strike.

Question 22

Ester is a lighting technician who hires out on a per-project basis to film and television production companies, as well as theatres and other venues that stage dramatic and musical performances.In this capacity, Ester is

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

Question 23

Julia is an agent who purchases wool for Kara's Knitting Company.In the course of her performance for Kara's Knitting Company, Julia pays for the gas for the company car and for some storage boxes for the wool.Kara's Knitting Company must reimburse Julia because of the principal's

A)duty of performance.
B)duty of loyalty.
C)duty of compensation.
D)duty of reimbursement.

Question 24

An employer may not hire an illegal immigrant who lacks work authorization.

Question 25

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

Question 26

Employer practices unfair to labor practices are defined by the Norris-LaGuardia Act.

Question 27

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

Question 28

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

Question 29

Will is an agent for MaryElise.MaryElise gives Will clear instructions to only enter into contracts on Mondays, Wednesdays, or Fridays.Will enters into a contract on MaryElise's behalf on Tuesday.Will has breached

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

Question 30

Generally, employers can monitor employees' electronic communications made in the ordinary course of business, as well as employees' personal communications.

Question 31

Bernard is an expert on exotic flowers.Fine Floral Fixtures, Inc.(FFF)hires Bernard to order exotic flowers from various greenhouses.Bernard does not bother to examine the quality of the flowers he purchases on behalf of FFF.Bernard has breached

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

Question 32

Federal law does not restrict employers' use of the results of genetics tests.

Question 33

Federal law governs drug tests of private-sector employees.

Question 34

Joli, acting within the scope of her authority for the Cake Bake Shop, contracts with Valley View Berry Farms to buy an assortment of fruit.Cake Bake is liable on the contract, and Joli is not, if Cake Bake is

A)a disclosed principal.
B)a partially disclosed principal.
C)an undisclosed principal.
D)an apparent agent.

Question 35

An employer may hire a noncitizen worker if he worker is "self-authorized."

Question 36

Federal law requires an employer to eliminate a worker's medical, optical, and dental insurance on the termination of the worker's employment.

Question 37

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

Question 38

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

Question 39

During collective bargaining, an employer and a union must negotiate in good faith and make a reasonable effort to come to an agreement.

Question 40

Interference with the efforts of employees to form, join, or assist labor organizations is not an unfair labor practice.

Question 41

Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident.Hoppy will be compensated under state workers' 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 42

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 43

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 44

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 argument 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 45

Pork & Poultry Packing Corporation is a U.S.employer.Pork & Poultry, and other U.S.employers, must perform I-9 verifications for

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

Question 46

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

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

Question 47

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 employee job performance
D)Recording and reviewing telephone conversations

Question 48

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 49

Hu, Ivan, and Juana apply to work for Valley Groundskeeping 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 50

Clive works for Digby Excavation Corporation.While operating a backhoe, Clive suffers an injury.Clive will be compensated 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 51

Sunny Energy Company wants to genetically test its workers for potentially significant, future health problems.Sunny may

A)discharge employees who test "positive."
B)discriminate against job applicants who test "positive."
C)deny group health insurance for its employees who test "positive."
D)not make employment decisions based on genetic testing.

Question 52

Samson is a government employee.Samson is limited in drug testing by the U.S.Constitution's

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

Question 53

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

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

Question 54

Tyrone is seventeen years old.Under the Fair Labor Standards Act, he

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 55

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 56

Julie works as an employee for Organic Produce Express, Inc.(OPI).Rowan, who is unemployed, collects unemployment compensation.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 57

Network Industries, Inc., wants to monitor its employees' electronic communications.To avoid liability under laws related to employee monitoring, Network should announce the monitoring to

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

Question 58

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 59

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 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

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 62

Borealis Power Company is subject to mandatory workers' compensation laws in the states in which it does business.Chad and Dex work for Borealis as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment.At a distant site, Chad is injured in an accident that is entirely Dex's fault.Chad files a claim for workers' compensation.Should the claim be granted What would be Borealis's best defense against it

Question 63

Employers can discriminate in the hiring or awarding of tenure to employees based on union affiliation under

A)the Norris-LaGuardia Act.
B)the National Labor Relations Act.
C)the Labor-Management Reporting and Disclosure Act.
D)no federal or state law.

Question 64

During a union election campaign, Sapphire Blue 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 employment discrimination law.
D)no federal law.

Question 65

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 66

During a union election campaign, Autowerks Repair, Inc., prohibits on-site solicitations by any party, including Mechanics Union, which is seeking the workers' unionization.This violates

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

Question 67

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 68

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 69

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 70

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 71

Following a union election campaign by Service Employees International Union among the employees of Quality 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 employment discrimination law.
D)no federal law.

Question 72

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.