Question 1

Olin is a key Power Company employee, whose pay falls within the top ten percent of the firm's workforce. Olin takes permitted time off under the Family Medical and Leave Act. On the employee's return from the leave, the employer

Accepted Answer

Under the Family Medical and Leave Act (FMLA), key employees, defined as salaried employees who are among the highest paid 10% of the workforce, may be denied reinstatement if their absence would cause substantial and grievous economic injury to the operations of the employer.

Question 2

Chloe is seventeen years old. Under the Fair Labor Standards Act, she cannot

Accepted Answer

Under the Fair Labor Standards Act, 17-year-olds are not prohibited from working in general, but they are prohibited from working in hazardous occupations. Therefore, option B is the best choice. Option A is incorrect because 17-year-olds can work in some jobs, as long as they are not hazardous. Option C is incorrect because there is no exemption for working for parents; 17-year-olds would still have to follow the work hour and wage laws. Option D is incorrect because delivering newspapers is considered a non-hazardous job for 17-year-olds under the Fair Labor Standards Act.

Question 3

Games Inc. induces Hoda to leave a well-paying job and move to another state for "long-term, lucrative employment in a growing business." She accepts the offer, but her position is soon eliminated due to Games' ongoing, undisclosed financial problems. Hoda brings a successful action against the employer for fraud. With respect to the employment-at-will doctrine, this is

Accepted Answer

Hoda's case is an exception based on tort theory because it involves fraudulent inducement, which is a tortious act. Fraud is a recognized tort, and her claim is based on the employer's deceitful actions rather than a breach of contract or public policy.

Question 4

Denis works for Engineers P.A. While working on an Engineers project, Denis is injured. Under state workers' compensation laws, he will be compensated only if the injury was

Accepted Answer

Under workers' compensation laws, compensation is provided for accidental injuries. If the injury was intentional or self-inflicted, compensation may not be provided. Additionally, if the injury was merely incidental or not directly related to the job duties, compensation may not be provided. Therefore, the best choice is C - accidental.

Question 5

Gobi is an employee of Haz-Mat, Inc. He refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Gobi may be

Accepted Answer

Under the Occupational Safety and Health Act, Gobi is entitled to protection from discharge if he refuses to work in a hazardous environment that could cause serious harm or death to himself or others. He may not receive higher wages for working in a hazardous department and reporting him to the Occupational Safety and Health Administration is not appropriate unless there is evidence of employer retaliation against him. However, he may be subject to discharge if he cannot be placed in an alternative position that does not involve exposure to hazardous materials.

Question 6

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

Accepted Answer

The Family and Medical Leave Act allows eligible employees to take leave for various reasons such as caring for a newborn child, caring for a family member with a serious health condition, or if the employee has a serious health condition that affects their ability to work. However, the Act does not provide for extended family vacations as a reason for leave.

Question 7

Retail Store Inc. is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is

Accepted Answer

Retail Store Inc. must pay the highest minimum wage applicable among the federal, state, and city laws. In this case, if the city of Seattle has a higher minimum wage than the state or federal rate, the store must pay the city rate.

Question 8

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

Accepted Answer

The Family and Medical Leave Act (FMLA) requires employers to restore an employee who has taken FMLA leave to the same position or an equivalent position upon return from leave. As Luke took temporary family leave, Metal Works Corporation is required to restore him to his same position or a comparable position upon his return. Choices B, C, and D are incorrect because they are not required by law.

Question 9

Leah is an at-will employee of Mortgage Mart LLC. She is fired for refusing to falsify credit applications for her employer's clients. Leah successfully sues Mortgage Mart for wrongful discharge. With respect to the employment-at-will doctrine, this is

Accepted Answer

This is an exception based on public policy. Leah was fired for refusing to engage in illegal activity (falsifying credit applications), which goes against public policy. Therefore, her wrongful discharge claim is based on the exception of public policy, not the employment-at-will doctrine.

Question 10

Ben takes temporary family leave from his job at Car Sales Company to care for a newborn baby. With respect to the employee's health-care coverage, during the leave, under the Family and Medical Leave Act, the employer

Accepted Answer

Under the Family and Medical Leave Act (FMLA), employers are required to maintain an employee's health-care coverage during any FMLA leave. Therefore, Ben's health-care coverage must be continued while he is on temporary family leave to care for a newborn baby.

Question 11

Salsa Inc. employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of

Accepted Answer

Under federal law (Family and Medical Leave Act), eligible employees are entitled to take up to twelve workweeks of unpaid leave during any twelve-month period for specific reasons such as caring for a child, spouse, or parent with a serious health condition, or for the employee's own serious health condition that makes them unable to perform their job. Salsa Inc. must comply with this law and provide its eligible employees with the option to take up to twelve weeks of unpaid leave within a twelve-month period.

Question 12

Cyberware Inc. plans to lay off 400 of its 1,800 marketing employees at its corporate headquarters. Under federal law, the employer must give these employees

Accepted Answer

Under the Worker Adjustment and Retraining Notification Act (WARN), employers with 100 or more employees are required to provide 60 days' notice before a mass layoff or plant closing. Therefore, in this scenario, the employer must give the affected marketing employees 60 days' notice before the layoff. Option A is incorrect because severance pay is not required under federal law, but may be offered at the discretion of the employer. Option C is incorrect because there is no legal requirement for the employer to provide paid leave to find other jobs. Option D is incorrect because the WARN Act establishes certain requirements for employers.

Question 13

Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement. With respect to the employment-at-will doctrine, this is

Accepted Answer

This is an exception based on public policy. Firing an employee for serving on a jury duty is seen as a violation of the public policy of ensuring a fair and impartial judiciary system. Therefore, Lin's termination would be considered wrongful and her subsequent lawsuit for reinstatement would be valid. This exception to the employment-at-will doctrine is based on the public policy of promoting jury service.

Question 14

The waiters who work for Sports Time Grill receive tips on the job. Under the Fair Labor Standards Act, Sports Time is required to pay the wait staff

Accepted Answer

Under the Fair Labor Standards Act, employers can pay tipped employees a minimum of $2.13 per hour in direct wages, provided that the amount of tips received brings the total hourly wage up to at least the federal minimum wage.

Question 15

Devlin is thirteen years old. Under the Fair Labor Standards Act, he cannot

Accepted Answer

The Fair Labor Standards Act prohibits minors under the age of 14 from working in any occupation considered hazardous, such as mining or operating heavy machinery. While Devlin may perform light duties in certain jobs or work for his parents, he cannot work in hazardous occupations. Therefore, option B is the best choice.

Question 16

Blanca is an at-will employee of Commercial Data Company. In firing Blanca, Dart, a Commercial Data manager, publicly discloses, via social media, private facts about Blanca's personal life. She successfully sues the employer for wrongful discharge. With respect to the employment-at-will doctrine, this is

Accepted Answer

This is an exception based on tort theory because the wrongful discharge involved the public disclosure of private facts, which is a tortious act.

Question 17

Oakley is an employee of Paving Inc., which is performing a contract for the federal government. Oakley learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is

Accepted Answer

The answer of Oakley is an employee of Paving Inc.,...

Question 18

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

Accepted Answer

Mechanics are typically not exempt from the Fair Labor Standards Act's overtime provisions, as they do not fall into the categories of employees (such as professionals, outside salespersons, and certain computer employees) that are typically exempt.

Question 19

Federal overtime provisions apply only after a covered employee works more than

Accepted Answer

The federal overtime provisions, as established by the Fair Labor Standards Act (FLSA), only apply after a covered employee works more than forty hours in a workweek. There is no mention of daily, monthly, or yearly requirements.

Question 20

A state law prohibits employers from causing employees "to work more than six days in seven." An employee who works a seventh consecutive day filling in for another worker is most likely

Accepted Answer

The law prohibits working more than six days in seven, so working a seventh consecutive day would likely make the employee eligible for overtime wages.

Quiz 20: Employment Law