Deck 42: Employment and Labor Law

Question 1

The Fair Labor Standards Act covers employers engaged in interstate commerce or the production of goods for interstate commerce.

Answer 1

True

Question 2

If an employee's hours are substantially reduced, COBRA ensures the employee can continue receiving benefits under the employer's policy.

Answer 2

True

Question 3

Private employers are required to keep employees informed about all types of pension and health plans.

Answer 3

False

Question 4

In order to comply with OSHA, employers must prominently display either the federal or a state OSHA poster in the workplace to provide their employees with information on their safety and health rights.

Question 5

Employers may unilaterally determine how much to pay employees and how many hours to require to them to work.

Question 6

If a person is employed by a spouse or parent, the National Labor Relations Board holds no jurisdiction over them.

Question 7

Employers pay unemployment taxes to the states, which deposit the money into the federal government's Unemployment Insurance Fund.

Question 8

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

Question 9

Under the Family and Medical Leave Act, all leave time provided by the employer must be paid leave.

Question 10

The National Labor Relations Act is interpreted and enforced Fair Labor Standards Board.

Question 11

Workers' compensation laws are state law specific and vary from state to state.

Question 12

Periodically, Congress raises ________ to compensate for increases in the cost of living caused by inflation.

A) ERISA requirements
B) federal minimum wage requirements
C) workers' compensation values
D) COBRA pensions
E) FUTA taxes

Question 13

All states require the showing of some sort of cause before drug testing of employees.

Question 14

Unions won the right to organize during the Great Depression.

Question 15

Which country under the Holiday Act of 1973 guarantees every worker, regardless of how long he or she has been with a company, three weeks of paid vacation time and nine additional days off for public holidays?

A) The Netherlands
B) Germany
C) Denmark
D) Spain
E) Ireland

Question 16

The Fair Labor Standards Act mandates that employees who are not exempt and work more than 40 hours a week be paid no less than ________ their regular wage for all hours over 40 hours worked during a given week.

A) 2 times
B) 3 times
C) 1 ½ times
D) FLSA does not mandate overtime pay
E) FLSA requires compensatory time instead of overtime

Question 17

COBRA requires that employers verify the identity and eligibility of all individuals hired in the US.

Question 18

Federal minimum-wage and hour laws are set out in the ________.

A) Employee Fairness Act
B) The Fair Labor Standards Act
C) Federal Employment Wage Act
D) Wage Labor Standards Act
E) Federal Employment Relationship Act

Question 19

In Moreno v. Hanford Sentinel, Inc., the case in the text regarding whether plaintiff's privacy was violated when her MySpace.com post was republished in the local newspaper by a third party without her permission, which of the following was the result?

A) Defendant invaded plaintiff's privacy by publishing an article she subsequently removed from MySpace.com.
B) Defendant invaded plaintiff's privacy because her last name was placed in the newspaper article without her permission.
C) Plaintiff's invasion of privacy claim was precluded by law because plaintiff did not have a reasonable expectation of privacy regarding her publicized opinions that she posted on MySpace.com.
D) Plaintiff's invasion of privacy claim was dismissed because of the electronic waiver provision on MySpace.com.
E) The court remanded the case for further proceedings regarding when plaintiff removed the article from MySpace.com.

Question 20

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Question 21

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

A) The Employee Retirement Income Security Act
B) The Benefits Protection Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

Question 22

FMLA covers all employers with how many employees?

A) 10 or more
B) 15 or more
C) 25 or more
D) 50 or more
E) 100 or more

Question 23

Which of the following is true regarding circumstances under which an employer is required to offer an employee the option to continue medical benefits under COBRA?

A) An employee does not have the option to continue medical benefits under COBRA if the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee quits without notice.
B) The only circumstance under which an employee does not have the option to continue medical benefits under COBRA occurs when the employer decides to eliminate benefits for all current employees.
C) The only circumstance under which an employee does not have the option to continue medical benefits under COBRA occurs when the employee is fired for gross misconduct.
D) The two circumstances under which an employee does not have the option to continue medical benefits under COBRA occur when the employee is fired for gross misconduct and when the employer decides to eliminate benefits for all current employees.
E) An employee does not have the option to continue medical benefits under COBRA if the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee is fired for cause.

Question 24

Which of the following is false under the Federal Unemployment Tax Act?

A) It was passed in 1935 and created a state system to provide unemployment compensation to qualified employees who lose their jobs.
B) Employers must pay taxes to the states, which deposit the money into the federal government's Unemployment Insurance Fund.
C) Each state has an account from which it can access the money in the federal fund.
D) States have different minimum standards for qualifying for unemployment compensation.
E) Most states do require employee contributions.

Question 25

Under the Fair Labor Standards Act, which of the following are not a category of employees exempt from overtime rules?

A) Executives
B) Administrative employees
C) Professional employees
D) Outside salespersons
E) Shift workers

Question 26

Which of the following enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependents under the employer's policy?

A) The Employee Income Security Act
B) The Consolidated Omnibus Budget Reconciliation Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

Question 27

Valencia lost her position at her company due to consolidation. She is about to start paying for her COBRA insurance benefits until she finds another job. Valencia is responsible to pay ________.

A) Nothing, the employer is responsible for the pay due to the consolidation of the company.
B) one-half of the premium cost.
C) the same premiums Valencia paid prior to leaving the job.
D) all the premiums, plus up to a 2 percent administration fee.
E) state statutes would mandate the required premiums for Valencia to pay.

Question 28

In regard to holidays, which of the following is required by law in the United Kingdom?

A) That employees be allowed to either be off or be paid double for 1 holiday per year.
B) That employees be allowed to either be off or be paid double for 2 holidays per year.
C) That employees be allowed to either be off or be paid double for 3 holidays per year.
D) That employees be allowed to either be off or be paid double for 4 holidays per year.
E) Employees are not guaranteed any holidays off or any extra pay for working holidays under national law.

Question 29

In return for their right to recover for work related injuries on the job, employees give up the right to bring what kind of claims against their employers?

A) injury claims
B) work related claims
C) negligence claims
D) accidental claims
E) workplace claims

Question 30

Guadalupe is an eligible employee needing to take Family and Medical Leave, which of the following is correct?

A) Guadalupe can receive up to 12 weeks of unpaid leave.
B) Guadalupe can receive up to 12 weeks paid leave.
C) Guadalupe can receive up to 6 months of paid leave.
D) Guadalupe cannot receive more than 6 weeks of unpaid leave.
E) Guadalupe cannot receive more than 6 weeks of paid leave.

Question 31

The ________ prohibit employers from firing employees engaged in activities that further the public interest including jury duty, military service and whistle blowing.

A) workers' compensation exceptions
B) fair labor exceptions
C) right to work exceptions
D) public policy exceptions
E) fairness to work exceptions

Question 32

In Delgado v. Phelps Dodge Chino, Inc., the case in which the plaintiff sued in tort, seeking damages after her husband died from burn injuries he received after allegedly being required to perform a task in a smelting plant that would almost certainly cause serious injury or death, which of the following was the result on appeal?

A) The case was dismissed because the plaintiff's only avenue or recovery was through the state workers' compensation system.
B) The case was dismissed because the plaintiff was unable to prove that the employer actually required the work resulting in the injuries.
C) The case was dismissed because it was determined that the employee's carelessness caused his injuries.
D) The case was allowed to proceed because the employer's acts of willfully causing injury prevented it from relying on the exclusive nature of the workers' compensation system.
E) The case was allowed to proceed only if the plaintiff could establish that the employer had been warned by the Occupational Safety and Health Administration regarding the dangers involved and wrongfully refused to remedy them.

Question 33

After an employee has worked for an employer for at least one year, which of the following is required by federal law regarding vacation?

A) That an employee be given three days of vacation.
B) That an employee be given seven days of vacation.
C) That an employee be given five days of vacation.
D) That an employee be given ten days of vacation.
E) Nothing.

Question 34

Under the Family and Medical Leave Act, who is considered an eligible employee?

A) Those who have worked at least 25 hours a week for each of 12 months prior to the leave.
B) Those who have worked at least 30 hours a week for each of 12 months prior to the leave.
C) Those who have worked at least 35 hours a week for each of 12 months prior to the leave.
D) Those who have worked at least 40 hours a week for each of 12 months prior to the leave.
E) Those who have worked at least 40 hours a week for each of 24 months prior to the leave.

Question 35

Corporate Storage Inc. is a COBRA eligible employer who has failed to comply with the law. Corporate Storage Inc. could be required to pay ________

A) up to 10 percent of the annual cost of the group plan or $500,000, whichever is less.
B) up to 20 percent of the annual cost of the group plan or $300,000, whichever is less.
C) up to 10 percent of the annual cost of the group plan.
D) up to 20 percent of the annual cost of the group plan.
E) a fee of $50,000.

Question 36

Workplace safety rules are primarily regulated through which of the following?

A) The Occupational Safety and Health Act
B) Federal Workers' Compensation Act
C) The Fair Labor Standards Act
D) Worker Safety Act
E) Environmental Protection Act

Question 37

Under ERISA, employers are required to provide to plan participants all of the following except:

A) Plan information (i.e., features and funding).
B) A grievance and appeals process for participants to get benefits from their plans.
C) The right to sue for benefits and breaches of fiduciary duty.
D) A yearly outline of anticipated investments.
E) Assurances that those in charge of managing plan assets have fiduciary responsibility.

Question 38

Magenta has just taken a job with SMPB, LLC in which she will work forty hours a week as a secretary. In regards to Magenta, as a new employee she is guaranteed ________

A) one week vacation and 6 federal holidays per year.
B) two weeks' vacation and 6 federal holidays per year.
C) 5 days of vacation and 12 federal holidays per year.
D) three weeks' vacation and 4 federal holidays.
E) Employees are not guaranteed any holidays off or any extra pay for working holidays under federal law.

Question 39

Willamett has left her employment. She knows that she has the right under the Consolidated Omnibus Budget Reconciliation Act to pay for health coverage as she finds another job. When does Willamett have to decide whether or not to keep her health insurance?

A) 7 days after her employment ended
B) 30 days after her employment ended
C) 60 days after her employment ended
D) 90 days after her employment ended
E) There is no time constraints on Willamett

Question 40

In order to obtain leave under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least ________ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

A) 60
B) 50
C) 45
D) 30
E) 10

Question 41

Which of the following interprets and enforces the National Labor Relations Act?

A) The Federal Union Board
B) The Collective Bargaining Board
C) The National Labor Relations Board
D) The Mandatory Negotiations Board
E) The Federal Labor Oversight Board

Question 42

Which of the following primarily governs the internal operations of labor unions?

A) The Taft-Hartley Act
B) The National Labor Relations Board
C) The Fair Labor Standards Act
D) The Wagner Act
E) The Landrum-Griffin Act

Question 43

When unionized employees have a labor dispute with their employer and boycott another employer to force it to cease doing business with their employer, which of the following occurs?

A) A primary boycott
B) A secondary boycott
C) A signal boycott
D) A management boycott
E) An employee boycott

Question 44

[Union Avoidance] Nadine owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Nadine was extremely unhappy when the union obtained enough signatures indicating an interest to be represented by the union. Nadine still refused to recognized the union, and the union organizers petitioned the National Labor Relations Board for a representation election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Nadine, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Nadine stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Nadine further stated that, in any event, she would not deal with the union under any circumstances.
Which of the following is true regarding whether Nadine's prohibition of discussion regarding the union and the distribution of literature in support of the union was objectionable under federal labor law?

A) Nadine could legally prohibit all discussion regarding the union as well as all distribution of literature in support of the union anywhere on her business premises.
B) Nadine could legally prevent all distribution of union literature anywhere and anytime on her business premises, but she could not prevent any discussion regarding the union.
C) Nadine could legally prohibit all discussion regarding the union anywhere and anytime on her business premises, but she could not prevent any distribution of union literature.
D) Nadine could likely legally prohibit discussion regarding the union and the distribution of literature during work time, but not during nonwork time such as lunch periods in the employee break room.
E) Nadine could not legally prohibit any discussion of the union or any distribution of literature on her business premises.

Question 45

Assuming that the union is certified as the bargaining representative of the employees, which of the following is true regarding Nadine's statement that she would not deal with the union under any circumstances?

A) Nothing in the law requires that she meet or bargain with the union.
B) She is required to meet with the union, but only once.
C) She is required to meet with the union, but only twice.
D) She is required to meet with the union at reasonable times and confer in good faith, but nothing in the law can require her to agree to any benefits.
E) She is required to meet with the union at reasonable times and confer in good faith, and is required by law to agree to demands for reasonable benefits made by the union.

Question 46

Which is the correct term for a boycott against an employer with whom the union is directly engaged in a labor dispute?

A) A primary boycott
B) A secondary boycott
C) A signal boycott
D) A management boycott
E) An employee boycott

Question 47

[Union Avoidance] Nadine owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Nadine was extremely unhappy when the union obtained enough signatures indicating an interest to be represented by the union. Nadine still refused to recognized the union, and the union organizers petitioned the National Labor Relations Board for a representation election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Nadine, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Nadine stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Nadine further stated that, in any event, she would not deal with the union under any circumstances.
In which of the following ways did the union likely go about establishing sufficient employee support for a union election?

A) Through the use of signed authorization cards.
B) Through the use of petitions signed by employees.
C) Through the use of signed affidavits by union officials stating that a majority of the employees supported the union.
D) Through telephone polls conducted by the National Labor Relations Board indicating that the employees supported the union.
E) Through ballots mailed to the National Labor Relations Board indicating sufficient employee support for a union.

Question 48

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week.
Which of the following is true regarding the denial by Hannah of Alina's request for leave under the Act?

A) Hannah wrongfully denied the leave.
B) Hannah was correct on all counts.
C) Hannah properly denied the leave request because Alina typically worked 30 hours per week which is considered less than full-time employment.
D) Hannah properly denied the leave request because taking in a foster child does not trigger the Act's coverage.
E) Hannah properly denied the leave request because of the number of other employees out on leave.

Question 49

The Taft-Hartley Act is also known as the ________.

A) The Labor-Management Relations Act
B) The National Right to Work Act
C) The Fair Labor Standards Act
D) The Workers' Compensation Act
E) The Standards of Employment Act

Question 50

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week.
Which of the following is true regarding Miguel's claim that the other employee should be removed so that he can have his position back?

A) Unless the other employee has seniority over him, Miguel is entitled to have his job back.
B) Miguel is entitled to his job back only if there is another position to which Milos could be assigned in the company.
C) Miguel is entitled to his job back because the Family and Medical Leave Act requires that his job be held for him for at least six months.
D) Miguel is not entitled to his job back because the Family and Medical Leave Act only requires that an employee be allowed to come back to work, not that the employee be provided the same job at the same rate of pay.
E) Miguel is not entitled to his former job under the Family and Medical Leave Act because the Act does not require reinstatement when an employee takes leave under the Act but is off for more than 12 weeks.

Question 51

[Union Avoidance] Nadine owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Nadine was extremely unhappy when the union obtained enough signatures indicating an interest to be represented by the union. Nadine still refused to recognized the union, and the union organizers petitioned the National Labor Relations Board for a representation election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Nadine, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Nadine stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Nadine further stated that, in any event, she would not deal with the union under any circumstances.
Which of the following is true regarding Nadine's statement that if employees would refuse to elect the union, she would give each employee a $1,000 bonus, but that she would grant no raises to union supporters?

A) She could legally promise benefits to employees if they did not elect the union, but she could not threaten reprisals against employees who supported the union.
B) She could legally threaten reprisals against employees who supported the union, but she could not legally promise benefits to employees who did not support the union.
C) She could not legally threaten employees who supported the union nor grant benefits to employees who opposed the union.
D) She could legally threaten employees who supported the union and she could legally grant benefits to employees who opposed the union.
E) Only so long as the amount at issue was no more than $1,000 per employee could she legally grant benefits to employees who opposed the union, but she could not legally retaliate against any employee for support of the union.

Question 52

When will a union be certified as the bargaining representative of employees?

A) If the union receives a majority of the votes in the representation election.
B) If the union receives two-thirds of the votes in the representation election.
C) If a majority of the employees sign authorization cards and at least one-third of the employees actually vote in favor of the union.
D) If two-thirds of the total employees in the company vote for the union.
E) If one-third of the total employees in the company vote for the union.

Question 53

Which of the following is not a reason for which leave may be requested under the Family and Medical Leave Act?

A) The care of a seriously ill parent.
B) The birth of a child.
C) The adoption of a child.
D) The need for fertility treatments in order to conceive.
E) The placement of a foster child in the employee's care.

Question 54

A group of employees from the XYX Melody company are meeting with management in order to determine the conditions of employment. This would be known as ________.

A) collective bargaining
B) right to work
C) employment at will
D) negotiated work rights
E) fair labor standards practice

Question 55

Which of the following does the National Labor Relations Board have jurisdiction over?

A) Employees covered by the Railway Labor Act
B) Independent contractors
C) Agricultural workers
D) Supervisors
E) Health care workers

Question 56

Striking union members of Company A decide that picketing Company A is not accomplishing the desired results and decide to further their efforts. Natasha, the union president, suggests that they picket Company X, a supplier to A, to pressure X into not doing business with A. Which of the following is true regarding Natasha's plan?

A) Natasha's plan is a good idea, and this type of picketing is frequently and legally engaged in by union members during labor disputes.
B) Natasha's plan is a good idea only if the strike has been going on for over 30 days because under the National Labor Relations Act, union members may not picket any company other than the employer for at least 30 days.
C) Natasha's plan is a good idea only if the strike has been going on for over 90 days because under the National Labor Relations Act, union members may not picket any company other than the employer for at least 90 days.
D) Natasha's plan is legal only if X employees are represented by the same union as A employees.
E) Natasha's plan is illegal because of the prohibition against secondary boycotts occurring during a labor dispute.

Question 57

Mosses and his group of union picketers are blocking the entrance to their company, which is unprotected behavior in a labor dispute. This is known as ________.

A) boycott picketing
B) signal picketing
C) recognized picketing
D) informational picketing
E) disruptive picketing

Question 58

Under the Family and Medical Leave Act, which of the following is true regarding whether an employer must continue the health insurance benefits of an employee on leave?

A) The employer must continue health insurance benefits.
B) The employer is not required to continue offering health insurance benefits to an employee on leave even if the employee is willing to pay the premiums.
C) The employer must continue making health insurance benefits available, but the employee on leave must pay all the premiums.
D) The employer must continue to pay at least one half of the premiums.
E) The employer must continue health insurance benefits only if the employer has made a profit in the last year.

Question 59

Which of the following is false under federal law regarding employer monitoring of employee telephone calls?

A) Employers cannot listen to the private telephone conversations of employees.
B) Employers may be subjected to fines of up to $10,000 for violations.
C) Employers may ban personal calls during working time.
D) To check for compliance, employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal.
E) Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the work day.

Question 60

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week.
Which of the following is true regarding Hannah's position that Rachel could be required to take paid sick leave and vacation prior to any leave under the Family and Medical Leave Act?

A) Hannah is correct.
B) Hannah could require that Rachel take sick leave time prior to leave under the Family and Medical Leave Act but not that she take vacation time prior to leave under the Family and Medical Leave Act.
C) Hannah could require that Rachel take vacation time prior to leave under the Family and Medical Leave Act but not that she take sick leave time prior to leave under the Family and Medical Leave Act.
D) Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if the company employs under 100 workers.
E) Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if Rachel had already taken at least one week of vacation in the previous 12 months.

Question 61

Which statement is true regarding protection provided by labor law to the picketing by the employees?

A) Both picketing designed to inform the public and picketing designed to prevent services and deliveries to the employer are protected by federal labor law.
B) None of the picketing involved was protected by federal labor law.
C) Picketing designed to inform the public was protected by federal labor law, but picketing that prevented the delivery of service and deliveries was not protected.
D) It is unclear whether the picketing was protected by federal law because protection depends on whether Amir employs over 50 employees.
E) It is unclear whether the picketing was protected by federal law because protection depends on whether Amir himself had violated labor laws.

Question 62

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
Does Kayla's failure to contact DesignCo until two days after her leave began constitute inadequate notice under the FMLA?

A) Yes, the employee must provide notice of leave at least 30 days in advance of the leave.
B) Yes, the employee must provide notice of leave at least twenty-four hours in advance of the leave.
C) Yes, if the leave is unforeseeable, the employee must give notice as soon as the need for leave becomes known.
D) No, if the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within twenty-four hours after the need becomes known.
E) No, if the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within one or two business days after the need becomes known.

Question 63

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
Is Eugene likely entitled to receive workers' compensation for his back injury?

A) Yes, because all employees are entitled to workers' compensation for all injuries.
B) Yes, because under the premises rule, Eugene was on company property at the time of the injury.
C) No, because under the premises rule, Eugene is not entitled to workers' compensation
D) No, because Eugene was not on the job when the injury occurred.
E) No, because Eugene was at fault for forgetting his laptop at work.

Question 64

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

A) Nadine is correct because in order to be certified as the bargaining agent, the union must obtain favorable votes from a majority of employees, not a majority of employees who vote.
B) Nadine is correct in that the union will not immediately be certified without a favorable vote from a majority of employees, but a second election will automatically be held at which all employees will be required to vote.
C) Nadine is correct only because her company had 50 or fewer employees. Otherwise, the union would have been certified as the bargaining agent for the employees.
D) Nadine is incorrect because her company had over 25 employees, and the union will be certified as the bargaining agent for the employees.
E) Nadine is incorrect because the union received a majority of the vote in the secret-ballot election.

Question 65

Penalties for violating OSHA range from $0 to $70,000 per violation, depending on the likelihood that ________.

A) the violation would lead to death of an employee.
B) the violation would lead to serious injury to an employee.
C) the violation would lead to serious injury to any individual.
D) the violation would lead to death of any individual.
E) the employer can pay.

Question 66

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
ERISA is the acronym for

A) Employee Recovery In Security Acts
B) Employee Retirement Income Security Act
C) Employment and Retirement In State Act
D) Employee Reserved Income Security Act
E) Employee Reward and Investment Sales Act

Question 67

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
Would Kolby likely be qualified to receive unemployment compensation?

A) Yes, unless the employer can prove that Kolby was fired for cause.
B) Yes, because Kolby did not voluntarily quit.
C) Yes, because Kolby did not quit and was fired in violation of the implied covenant of good faith and fair dealing.
D) No, because he was an employee-at-will.
E) No, because he was not laid off.

Question 68

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
Is Bryson likely entitled to receive workers' compensation for his injury in the shower?

A) Yes, many states find an employee who is injured on a business trip is entitled to workers' compensation.
B) No, because he was not on the employer's premises at the time of the injury.
C) No, because the injury occurred on a business trip.
D) Yes, but only if he had worked overtime the day before the injury.
E) No, because Bryson was not performing his job at the time of the injury.

Question 69

What was the result in Roe v. TeleTech Customer Care MGMT, the case in the text in which an employee who had a prescription for lawful medical marijuana under Washington's Medical Use of Marijuana Act (MUMA), could be fired for having a positive result on a drug test?

A) The appellate court reversed the trial court's dismissal of plaintiff's claim, holding that MUMA prohibits employers from terminating employees for authorized use of medical marijuana.
B) The appellate court reversed the trial court's dismissal of plaintiff's claim, holding that MUMA sets forth a sufficient public policy to give a rise to a wrongful termination for authorized use of medical marijuana.
C) The appellate court affirmed the trial court's dismissal of plaintiff's claim, holding that although employers may terminate employees for medical marijuana use, the employer fired the employee for other reasons.
D) The appellate court affirmed the trial court's dismissal of plaintiff's claim, holding that the plaintiff had not shown the positive result on the drug test violated MUMA.
E) The appellate court affirmed the trial court's dismissal of plaintiff's claim, holding that MUMA does not proclaim a sufficient public policy to give a rise to a wrongful termination for authorized use of medical marijuana.

Question 70

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
Was it illegal for the supervisor to fire Kolby because Kolby is a fan of science fiction?

A) Yes, under the employment-at-will doctrine, all employees have a contract of employment and cannot be terminated for any reason.
B) Yes, under the employment-at-will doctrine, a contract of employment may not be terminated at will unless both parties agree otherwise.
C) Yes, under the employment-at-will doctrine, a contract of employment may be terminated at will by either party at any time and for any fair reason.
D) No, under the employment-at-will doctrine, a contract of employment may be terminated at will by either party at any time and for any reason.
E) No, under the employment-at-will doctrine, a contract of employment may be terminated at will by either party at any time as long as the reason is legitimate.

Question 71

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
Brock is an outside salesperson for SportsWear, Inc. Because of a recent company reorganization, Brock was given several extra accounts and he's now working sixty hours per week. Brock's supervisor told him the extra accounts will only be for a few more weeks until they hire another salesperson. Is Brock entitled to overtime compensation?

A) Yes, all employees who work more than 40 hours in a week are entitled to overtime compensation.
B) Yes, unless the employer can prove that Brock was not required to put in the extra hours of work.
C) No, because he is an outside salesperson.
D) No, because his additional work is only temporary.
E) No, unless he was required to work the extra hours and received approval from his supervisor.

Question 72

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims.
Is Doria likely entitled to receive workers' compensation for her injury?

A) No, because upper level executives are prohibited from receiving workers' compensation.
B) No, because under the premises rule, Doria is not entitled to workers' compensation.
C) No, because the injury occurred on a business trip.
D) Yes, because, even though the injury occurred while Doria was performing her job, she was negligent in not noticing the cord.
E) Yes, because Doria was performing her job at the time of the injury.

Question 73

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair.
Can Kolby and his wife continue to receive benefits after his termination?

A) Yes, unemployment compensation includes benefits for employees and their dependents.
B) Yes, COBRA ensures employees and their dependents can continue receiving benefits under the employer's policy.
C) No, although employers are required to continue benefits for employees and spouses after the termination of employment, employers are not required to continue benefits for an employee's other dependents.
D) No, although employers are required to continue benefits for employees after the termination of employment, employers are not required to continue benefits for an employee's spouse and other dependents.
E) No, employers are not required to continue benefits for employees and their dependents after the termination of employment.

Question 74

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
Was Kayla required to mention the FMLA in her telephone call?

A) No, the employee does not need to provide notice under the FMLA.
B) No, the employee does not have to specifically mention the FMLA.
C) Yes, the FMLA will not be triggered unless the employee identifies the name of the Act.
D) Yes, the employee must specifically state that the leave is requested under the "Family Medical Leave Act", though the use of "FMLA" is sufficient.
E) Yes, the employee must provide enough information to identify the exact type of leave requested.

Question 75

[Employee Picketing] Amir owns a unionized business called "Amir's Furniture" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Amir is improperly refusing to give them a raise. The employees stop working for Amir's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Amir Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Amir is cheap. When that, however, fails to change Amir's mind, the employees begin staging pickets to prevent deliveries to Amir and to prevent access to employees who want to work. They carry signs saying "No Access to Amir - Shut Him Down."
Which of the following is the correct term for the type of picketing the employees engaged in when they carried picket signs informing the public that Amir refused a raise?

A) Informational picketing
B) Signal picketing
C) Boycott picketing
D) Strike picketing
E) Documentary picketing

Question 76

[Employee Picketing] Amir owns a unionized business called "Amir's Furniture" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Amir is improperly refusing to give them a raise. The employees stop working for Amir's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Amir Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Amir is cheap. When that, however, fails to change Amir's mind, the employees begin staging pickets to prevent deliveries to Amir and to prevent access to employees who want to work. They carry signs saying "No Access to Amir - Shut Him Down."
Which of the following is the appropriate term for the work stoppage engaged in by the employees?

A) A strike
B) A lockout
C) A sit down
D) A slow down
E) A walk out

Question 77

Employers with 11 or more employees are required to keep records of work records of work-related injuries and illnesses (except in low-hazard industries) under which act?

A) ERISA
B) COBRA
C) OSHA
D) Workers' Compensation Act
E) Fair Labor Standards Act

Question 78

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
Assuming Kayla provided proper notice, would a court likely find that DesignCo violated the FMLA by not returning Kayla to the same position when she returned to work?

A) Yes, because DesignCo did not return Kayla to the same position she had held.
B) Yes, because DesignCo did not return Kayla to a substantially similar position because she had a different desk and different accounts.
C) No, as long as the position to which she returned had substantially equivalent skills, effort, responsibility, and authority.
D) No, as long as the position to which she returned had the same skills, effort, responsibility, and authority.
E) No, as long as the position to which she returned had substantially equivalent accounts.

Question 79

[Employee Picketing] Amir owns a unionized business called "Amir's Furniture" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Amir is improperly refusing to give them a raise. The employees stop working for Amir's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Amir Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Amir is cheap. When that, however, fails to change Amir's mind, the employees begin staging pickets to prevent deliveries to Amir and to prevent access to employees who want to work. They carry signs saying "No Access to Amir - Shut Him Down."
Which of the following is the correct term for the type of picketing the employees engaged in when they attempted to prevent employees from entering the premises and to stop deliveries to Amir by picketing?

A) Informational picketing
B) Signal picketing
C) Boycott picketing
D) Strike picketing
E) Documentary picketing

Question 80

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
Which of the following are not a remedy associated with employer liability under the Family and Medical Leave Act?

A) Lost benefits
B) Unpaid wages
C) Attorney fees
D) Denied compensation
E) Incidental damages