Question 1

To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.

Accepted Answer

False

Question 2

During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee to avoid the potential negative effect of unpaid leave on interstate commerce.

Accepted Answer

The Family and Medical Leave Act does not require employers to continue paying an employee during their leave. However, employers may require employees to use any accrued paid leave during their FMLA leave.

Question 3

To receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer.

Accepted Answer

In most cases, an employee does not need to sue their employer to receive benefits under a state workers' compensation law. Instead, they must report the injury to their employer and file a workers' compensation claim with the state agency or board responsible for administering those benefits.

Question 4

An eligible employee may take unpaid leave under the Family and Medical Leave Act for family or medical reasons, and in certain situations that arise from military service.

Accepted Answer

The Family and Medical Leave Act allows for eligible employees to take unpaid leave for family or medical reasons, as well as certain situations related to military service.

Question 5

Employees who work ten hours a day, for four days a week, are entitled to overtime pay because they work more than eight hours a day.

Accepted Answer

The answer of Employees who work ten hours a day,...

Question 6

To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.

Accepted Answer

Social insurance programs, such as those administered by the Social Security Administration, are funded by contributions from employers and employees, not the unemployed.

Question 7

A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

Accepted Answer

A whistleblower is someone who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization, whether it involves a co-worker or the organization itself.

Question 8

An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.

Accepted Answer

An employer cannot fire a worker for reasons that violate a fundamental public policy, even if that policy is clearly expressed in statutory law, as doing so would be considered wrongful termination.

Question 9

Federal wage-hour requirements apply to all employers engaged in interstate commerce, in producing goods for interstate commerce, and in certain other businesses.

Accepted Answer

Federal wage-hour requirements, such as the Fair Labor Standards Act (FLSA), apply to employers engaged in interstate commerce or in producing goods for interstate commerce, as well as certain other businesses such as hospitals, schools, and government agencies.

Question 10

An express employment contract cannot protect an employee from discharge without good cause.

Accepted Answer

An express employment contract can include terms that protect an employee from being discharged without good cause, specifying conditions under which termination is allowed.

Question 11

An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.

Accepted Answer

An employee's reasonable expectation in response to an employer's promise is a crucial factor in determining the existence of an implied employment contract. This means that if an employer makes a promise to an employee that a reasonable person would interpret as a guarantee of employment, the employee may have a legitimate expectation of job security and may be able to argue that an implied contract exists.

Question 12

An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.

Accepted Answer

This is a safety protection under the Occupational Safety and Health Act (OSHA) known as the "Right to Refuse Unsafe Work."

Question 13

Certain employers are required to keep occupational injury and health records for each employee, but due to privacy concerns, no employer is permitted to electronically post those records.

Accepted Answer

Employers are required to keep occupational injury and health records, and certain employers are required to electronically submit some of this information to OSHA, which may post aggregated data on its website, though with measures to protect individual privacy.

Question 14

An employer can waive or reduce the federal overtime pay requirements if the waiver or reduction is applied to all otherwise eligible and ineligible employees.

Accepted Answer

Federal overtime pay requirements are established by the Fair Labor Standards Act (FLSA) and cannot be waived or reduced by an employer, regardless of any agreement with employees.

Question 15

An injury that occurs while an employee is commuting to or from work is usually not considered to have occurred on the job or in the course of employment and hence is not covered by workers' compensation law.

Accepted Answer

This is generally true, but there are some exceptions such as when an employee is still on the employer's premises while commuting or when the employee is traveling as part of their work duties. It is important to check with your state's workers' compensation laws for specific guidelines.

Question 16

Private employers are generally free to hire and fire workers at will.

Accepted Answer

Private employers, unless bound by a contract or collective bargaining agreement, have the right to terminate an employee's employment at any time and for any reason. This is known as at-will employment.

Question 17

In states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled only to the lower federal amount.

Accepted Answer

In states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled to the higher state amount.

Question 18

If a state law requires employers to give employees one day off per week, an employee who works that one day may be entitled to overtime pay under federal law.

Accepted Answer

If an employee works more than 40 hours in a workweek, they may be entitled to overtime pay under federal law, even if they have already been given one day off in that workweek due to a state law requirement.

Question 19

Most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation.

Accepted Answer

Whistleblower protection laws have been enacted at both the state and federal levels to protect employees who report wrongdoing from employer retaliation. These laws provide legal protection for employees who speak out against illegal or unethical practices in the workplace.

Question 20

Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.

Accepted Answer

If an employer promises long-term employment to an employee during the hiring process and then subsequently discharges the employee soon after hiring, the employee may have a claim against the employer for fraud. The employer's promise of long-term employment may be considered a misrepresentation if the employer had no intention of following through with the promise. This could result in the employee bringing legal action against the employer.

Quiz 28: Employment, Immigration, and Labor Law