Question 1

Blayne is an employee of Chemical Refinery, Inc. Blayne is threatened with a discharge when he refuses a transfer to a Chemical Refinery department in which several employees suffered serious injuries from exposure to hazardous chemicals. Blayne may be entitled to protection from discharge under

Accepted Answer

The Occupational Safety and Health Act (OSHA) is designed to ensure safe and healthy working conditions for employees. By threatening to discharge Blayne for refusing a transfer to a department with a history of serious injuries from exposure to hazardous chemicals, Chemical Refinery, Inc. may be violating OSHA protections. Blayne could file a complaint with OSHA and/or seek legal action against the company for retaliatory discharge.

Question 2

Curtis is an employee of Deepwater Drilling, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

Accepted Answer

The federal overtime provisions state that overtime pay kicks in after an employee has worked more than 40 hours in a week.

Question 3

Ripe Orchards, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Ripe Orchards can hire illegal immigrants

Accepted Answer

Under federal immigration law, it is illegal for employers to hire unauthorized or illegal immigrants, regardless of any special forms filed by either party.

Question 4

Food Packagers Union represents the workers of Garden Variety, Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. Food Packagers would like Garden Variety to require the workers to join after a specified amount of time on the job. This would violate

Accepted Answer

There is no federal law that requires employees to join a union as a condition of employment. It is up to the employer and the employees to negotiate and agree on union membership requirements. Thus, Food Packagers Union cannot demand that Garden Variety require its workers to join the union after a specific amount of time on the job.

Question 5

Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen of "extraordinary ability." To hire Dhani, Cloud Computing must petition

Accepted Answer

Cloud Computing must petition the U.S. Citizenship and Immigration Services to hire a noncitizen of "extraordinary ability." This would allow Dhani to apply for an O-1 visa, which is the visa category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.

Question 6

Investment Sales Corporation wants to monitor its employees' electronic com?munications. Investment Sales's best course of action to avoid liability under laws related to employee monitor?ing is to notify

Accepted Answer

Investment Sales Corporation should notify its employees of the intention to monitor their electronic communications in order to avoid liability under laws related to employee monitoring. By doing so, Investment Sales Corporation can ensure that employees have impliedly consented to the monitoring, which can help prevent privacy claims. Notification to clients or the public is not necessary.

Question 7

Data & Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly pro?hibits Data & Data from subjecting its employees to

Accepted Answer

The answer of Data & Data Accountants, a private employer,...

Question 8

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

Accepted Answer

The answer of During a union election campaign, Auto Body...

Question 9

Restocking Warehouse Corporation keeps a file of I-9 verifications forms. To inspect this file, the appropriate government officer must obtain

Accepted Answer

The answer of Restocking Warehouse Corporation keeps a file of...

Question 10

Febo is an employee of Guitar & Drum Company. Guitar & Drum's employee manual states that workers, such as Febo, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

Accepted Answer

This is an exception based on contract theory, as it is a contractual agreement between Guitar & Drum and their employees that they will only be dismissed for good cause. The employment-at-will doctrine, on the other hand, allows employers to terminate employees at any time for any reason (unless it violates a specific law or public policy exception).

Question 11

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

Accepted Answer

The answer of Flannery is seventeen years old. Under the...

Question 12

Hu, Ivan, and Juana apply to work for King Poultry Company. These individuals' identities and eligibility to work must be verified by

Accepted Answer

The answer of Hu, Ivan, and Juana apply to work...

Question 13

Vidal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is illegally importing endangered animals to sell as pets. He reports his employer's illegal activities but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory discharge. With respect to the employment-at-will doctrine, this is

Accepted Answer

This is an exception based on public policy. Vidal reported illegal activities related to the importation of endangered animals, which is a violation of public policy. As a result, he cannot be retaliated against by his employer for reporting the illegal activities.

Question 14

Steel Production Industries, Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel Production must do all of the following except

Accepted Answer

OSHA requires employers to keep records of occupational injuries and illnesses, report work-related diseases, and report employee deaths due to work-related incidents within eight hours. However, OSHA does not require employers to pay employees higher wages for working in more dangerous areas.

Question 15

Geno's Italiano Ristorantes, Inc., employs three hundred workers at four loca?tions in two states. Under federal law, Geno's must pro?vide each employee, during any twelve-month period, family or medi?cal leave of up to twelve

Accepted Answer

Under federal law, employees are entitled to up to 12 weeks of family or medical leave in a 12 month period.

Question 16

Bank Professionals Union represents the workers of Commerce Bank. The bank refuses to bargain with the union over the economic consequences to the employees of management's decision to shut down some facilities. This most likely violates

Accepted Answer

The scenario describes a potential violation of federal labor law, specifically in regards to the duty to bargain in good faith with a union over economic impacts to employees.

Question 17

Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby. On Livia's return from the leave, Meatpackers must

Accepted Answer

Under the Family and Medical Leave Act (FMLA), Livia is entitled to be restored to her original job or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. Therefore, Meatpackers Corporation must restore Livia to her original position upon her return from temporary family leave. B, C, and D are not required by FMLA.

Question 18

Seiko works for TallTales Publishing, Inc. The basis for Seiko's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is her

Accepted Answer

The basis for Seiko's contribution under the Federal Insurance Contribution Act is her annual wage base, which is the amount of her earnings on which she is required to pay Social Security taxes. Seniority, job skills, and county of residence do not factor into this calculation.

Question 19

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with notice of at least

Accepted Answer

According to the Worker Adjustment and Retraining Notification (WARN) Act, companies with more than 100 full-time workers are required to provide at least sixty days' notice before a mass layoff or plant closure. Since Mythic Games employs two hundred workers, it must provide its employees with sixty days' notice in the event of a mass layoff. Therefore, the best choice is B.

Question 20

Technicians Union represents the workers of Unix Toys. A strike by the union will be legal if the strikers

Accepted Answer

Forming a picket line is a legal way to strike and protest without disrupting the operations of the company. Option B would likely be considered illegal since it involves preventing others from accessing the plant. Option C, staying in the plant without working, may also be illegal as it could be considered trespassing.

Quiz 34: Employment, Immigration, and Labor Law