Deck 29: Employment and Labor Law

Question 1

Megan was employed by a large company.Her supervisor told her to falsify government reports.She refused and was fired.She sued for wrongful discharge.Her employer claimed that,since Megan was an at-will employee,she had no legal right to claim the company was liable for damages.Is the employer right?

A)Yes.An at-will employee does not have a legal right to claim wrongful discharge of employment.
B)Yes.As an employee,Megan owes a duty of loyalty to her employer.If the company was found to have acted illegally by falsifying the reports,it (not Megan)would be liable.
C)No.Even though Megan was an at-will employee,such employees may not be fired without just cause.
D)No.Though at-will employees do not have extensive rights relative to job security,they may not be legally fired for refusing to perform an illegal act.

Answer 1

D

Question 2

In almost half of all states,Bring Your Gun to Work Laws prohibit companies from banning firearms in their parking lot.

Answer 2

True

Question 3

During the hiring interview,Supervisor Staci told Henry that as long as he did his job as requested,he would have a job until he retired.Courts have been willing to enforce such an oral promise,even if the company's top management did not approve the statement.

Answer 3

True

Question 4

Which of the following laws provides support to unemployed workers?

A)FUTA
B)OSHA
C)FLSA
D)NLRA

Question 5

If employees wish to organize a union,the employer is prohibited from distributing written notices to employees stating it is opposed to union activity within the company.

Question 6

The management and union at TriColor have bargained for two years without reaching an agreement.After notifying the union,TriColor prohibits the workers from entering the factory to work.This is a lockout.

Question 7

Sit-down strikes,in which members stop working but remain at their job posts, physically blocking replacement workers from taking their places are legal.

Question 8

There is a higher percentage of workers in labor unions now than at any other point in history.

Question 9

Prior to the Industrial Revolution,the primary English law of employment was that,in the absence of a contract,a worker was hired for a year at a time.

Question 10

The Employee Retirement Income Security Act (ERISA)requires employers to establish pension plans for employees.

Question 11

Orson was fired from his job behind the ticket counter at the airport.He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his coworkers and customers.His supervisor told him not to return.Orson's employer faces potential liability for

A)intentional infliction of emotional distress.
B)whistleblowing.
C)defamation.
D)violation of the FLSA.

Question 12

Some courts have held that employee handbooks create binding contract terms.

Question 13

Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.

Question 14

As a general rule,employers have a legal obligation to disclose information about former employees to potential future employers.

Question 15

Valley Mart told its employees that they would be fired if they actively supported a unionizing effort.Valley Mart has committed an unfair labor practice.

Question 16

Under the Family and Medical Leave Act,an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

Question 17

The National Labor Relations Act guarantees employees the right to join unions.

Question 18

In the absence of a specific law to the contrary,employers have the right to fire workers for off-duty conduct.

Question 19

Which of the following workers is entitled to unpaid leave under the Family and Medical Leave Act?

A)Stanley,who works part time for a small coffee shop with 10 employees.
B)Marianne,who has worked full time for five years with Microsoft.
C)Dakota,who works part time for Delta Air Lines.
D)All of these are correct.

Question 20

Maxine lost her job as an electrical engineer with a large company that had provided health insurance benefits for Maxine and her family.She now

A)must try to find insurance on her own or try to find another job with health insurance benefits.
B)is protected under COBRA,which allows her continued health insurance coverage for 18 months as long as she pays the cost.
C)is protected under COBRA,which requires her employer to continue her health insurance coverage for six months under whatever copayment arrangements she had while she was employed.
D)has some protection under the NLRA,which requires her employer to pay for continued health insurance for three months following her termination if she did not leave the company voluntarily.

Question 21

A union declares its workers are going on strike.The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause.The union claims the CBA's no-strike provision is not binding since new union leadership is in place.Which of the following statements is correct?

A)The union can strike since new leadership is now in control.
B)The union can strike since no-strike provisions have been ruled by the courts to be unenforceable.
C)The union cannot strike,as strikes to exert economic pressure on management are prohibited by the NLRA.
D)The union cannot strike because of the no-strike clause in the contract.

Question 22

Under the federal legislation known as OSHA,

A)employers must keep records of all workplace injuries.
B)employers must keep records of positive results of workplace drug tests.
C)employers must keep a record of recognized hazards used in the workplace.
D)employers may monitor workers' email messages if the monitoring is done in the ordinary course of business and the employer provides the email system.

Question 23

Mega Corp.hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits.After the strike is over,Mega Corp.

A)must give the striking employees their jobs back since this was an economic strike.
B)must give the striking employees their jobs back since this was an unfair labor practices strike.
C)may hire additional workers without considering the striking employees who want their jobs back.
D)does not have to give the striking employees their jobs back since this was an economic strike.

Question 24

What legislation did Congress pass in 1932 that prohibited federal court injunctions in nonviolent labor disputes,thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?

A)the Wagner Act
B)the Norris-LaGuardia Act
C)the National Labor Relations Act
D)the Labor-Management Relations Act

Question 25

When may an employer require an employee to submit to a lie detector test?

A)when the employee has been hired for less than 90 days
B)when the test is part of an ongoing investigation into crimes that have occurred
C)when the employer has reason to believe the employee is using illegal drugs on the job
D)when all employees are being questioned using a lie detector

Question 26

Secondary boycotts

A)are generally legal provided the boycott is peaceful.
B)are generally legal provided the boycott does not involve public employees such as nurses or school teachers.
C)are not expressly permitted nor prohibited under federal law.
D)are generally illegal.

Question 27

Jim was a mechanic.One day when he attempted to weld a car's gasoline tank,it exploded and he was hurt.He filed to collect workers' compensation.His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank.Which statement is correct?

A)Jim cannot recover if it is shown that his negligent conduct caused the explosion.
B)Jim cannot recover if it is shown that he violated the express regulations of his employer.
C)Workers' compensation doesn't apply in situations like this.
D)Jim can recover even if he was negligent and violated the employer's rules.

Question 28

Employees of Truan went on strike because of unfair labor practices.After the strike,the striking workers are

A)entitled to get their jobs back.
B)not entitled to get their jobs back.
C)entitled to get their jobs back but only as they become available.
D)fired.

Question 29

The duty of fair representation created by the NLRA requires that

A)a union treat all members fairly,impartially,and in good faith.
B)a union must pursue any member's grievance against the employer.
C)an employer,in communications with employees during a union organizing effort,must fairly represent the effects it believes a union will have on the company.
D)the NLRB certify only proposed bargaining units that it thinks the union can properly represent.

Question 30

Which is the best definition of "employment at will"?

A)In the absence of a specific legal exception,an employee can be fired for any reason.
B)Once hired,employees are free to choose whatever job they want to have.
C)An employee can leave a company at any time and for any reason.
D)Employees have a legal right to organize and join labor unions.

Question 31

Jessica was a former employee of Mark.When potential employers called Mark for a reference about Jessica,he stated she was not a very good worker and had been fired for excessive absences.He said he had reason to believe Jessica was on drugs,but he wasn't absolutely certain.Jessica learned what Mark was saying and sued him.In most states

A)under the qualified privilege rule,it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.
B)it was legal for Mark to say what he said,since courts have consistently ruled that former employers are immune from lawsuits for giving references.
C)it was not proper for Mark to say what he said,since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization.
D)though it was proper for Mark to talk about Jessica's work-related history,he should have refrained from talking about her potential drug use.

Question 32

A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time.Thus,employees may work for a few days or only a few hours before walking off the job again.The employer claims the union does not have the legal right to engage in a partial strike.Which statement is correct?

A)The employer is correct.The union must either strike or work-it cannot alternate between working and striking.
B)The employer is correct only if the union does not state the specific hours or days workers will be off the job.The law requires the union to provide the employer with at least seven days' notice of when workers will be off the job.
C)The employer is not correct since the NLRA expressly states workers have a right to engage in a partial strike.
D)Whether the employer is correct depends on state law.

Question 33

Zoe,who works as a retail clerk,wishes to talk with her coworkers about organizing a union.Her employer forbids her from talking with other workers about union activity in the presence of customers and threatens to fire her if she joins the union.Does the employer have a legal right to make this threat to Zoe?

A)Yes,the employer may prohibit its employees from discussions about union organizing.
B)Yes,but only if expressly authorized by state law.
C)No,an employee has the right of free speech at any time.
D)No.An employer may limit the time and place of conversation,but may not threaten to fire the employee.

Question 34

In some states,an employer can discipline or fire employees for

A)smoking cigarettes,even in the privacy of their own home.
B)posting an unflattering comment about the employer on social media.
C)dating coworkers,even if the relationship is consensual.
D)All of these are correct.

Question 35

Which of the following statements regarding workplace bullying is accurate?​
a.​Bullying in the workplace does not subject employers to any real liability claims.
b.​The Supreme Court in Indiana ruled that "workplace bullying" cannot be considered a form of intentional infliction of emotional distress.
c.​Studies show that workplace bullying is not a serious issue;only 10 percent of employees have admitted to being bullied at work.
d.​Not a single state has been able to pass anti-bullying legislation.

Question 36

Employees of Mega Corp.have gone out on strike seeking better pay.Mega Corp.announces that if the union does not end the strike,it will begin hiring replacement workers.Which statement is correct?

A)Hiring replacement workers during a strike is an unfair labor practice.
B)Mega Corp can only hire replacement workers if the collective bargaining agreement expressly gives the company the right to do so.
C)Mega Corp can only hire replacement workers if it gives the union 14 days' notice prior to actually bringing in the replacement employees.
D)Mega Corp can hire replacement workers at any time during a strike.

Question 37

What is a whistleblower?

A)an employee who thwarts an attempt by fellow employees to form a union
B)an employee who crosses the picket line to return to work
C)an employee who discloses illegal behavior on the part of his or her employer
D)an employee who secretly gives information to his or her employer about union activity

Question 38

Ron and several fellow workers of Vicy,Inc. ,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union would only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

A)Vicy has committed an unfair labor practice.Vicy must remain neutral during the organizing drive.
B)Vicy has committed an unfair labor practice.The bulletin constitutes outrageous interference with the union organizing campaign.
C)Vicy has not committed an unfair labor practice.An employer may vigorously present anti-union views to its employees.
D)Whether Vicy has committed an unfair labor practice depends on whether the bulletin was approved by the NLRB.

Question 39

A company's collective bargaining agreement has expired and negotiations are underway for a new one.After one exhausting session,union leaders have decided management will not bargain in good faith.The union declares it will be going out on strike the following midnight if an agreement is not reached.The union

A)is allowed to go out on strike the following midnight.
B)must give the employer at least seven days' notice before going out on strike.
C)must give the employer at least 30 days' notice before going out on strike.
D)must give the employer at least 60 days' notice before going out on strike.

Question 40

Under the Fair Labor Standards Act,which of the following scenarios is legal?

A)12-year-old Molly works several hours per day on her family's farm picking vegetables
B)14-year-old Luis works full time bagging groceries at a supermarket
C)13-year-old Dianna works five hours per week stocking shelves at a drugstore
D)17-year-old Cole has taken a part-time job as a coal miner working alongside his dad

Question 41

Discuss the requirements of the Family and Medical Leave Act.

Question 42

Rick and Allan want to start a union in the small factory where they work.Outline the basic procedures they will need to follow to get a union recognized as the exclusive bargaining unit for the company employees.

Question 43

Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for higher wages and better benefits.Shortly thereafter,the company began hiring permanent replacement workers.After a hard eight-month strike,the union and the company reached an agreement.When the strike was over,Connie was upset that she was not given her job back.The replacement worker that took over her job was retained.She believes she has a legal right to her job,especially since she was a faithful employee for over 20 years.Is Connie right? Explain.

Question 44

Jenna works for Mega Corp as a production employee.She is paid an hourly wage.She wishes to negotiate her own employment contract with management since she does not agree with the terms of her union's collective bargaining agreement.Can Jenna negotiate her own contract? Explain.

Question 45

What is wrongful discharge and under what circumstances does the law prohibit the discharge of a worker?