Deck 25: Employment Laws

Question 1

The Occupational Safety and Health Act of 1970:

A) requires employers to establish pension plans or to meet specific benefit levels.
B) requires covered employers to pay their employees time and a half for hours worked in excess of 40 in one week.
C) is designed to provide reasonable leave periods for family-related health issues.
D) permits its inspectors to enter the workplace at any reasonable time and without advance notice.

Answer 1

D
Explanation: The Occupational Safety and Health Administration, a division of the Department of Labor, enforces the act. Its inspectors may enter the workplace at any reasonable time and without advance notice. However, if an employer objects to the inspection, a search warrant must be obtained.

Question 2

Under workers' compensation, _____.

A) the employer is not liable for injuries that occur as the result of negligence by another worker
B) the employer is liable for injuries occurring within the scope of employment without regard to fault
C) the injuries occurring on the way to and from the job are within the course of employment, for which damages may be recovered
D) punitive damages and emotional damages such as pain and suffering can be recovered

Answer 2

B
Explanation: In the 19 th century, it was very hard for an employee who was injured on the job to recover damages from the employer. During this period, the employer could claim the "fellow-servant rule" as a defense. This rule declared that if the injury was the result of negligence by another worker, the employer had no liability. In the period between 1917 and 1925, most states enacted workers' compensation laws. These put liability for injuries occurring within the scope of employment on the employer without regard to fault.

Question 3

A secretary whose husband comes to her office and shoots her during work would be able to recover under workers' compensation because her injury occurred during work hours and on company property.

Answer 3

False

Question 4

The National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) share responsibility in enforcing the Employee Retirement Income Security Act (ERISA).

Question 5

The Occupational Safety and Health Act imposes on employers a general duty to:

A) prevent workplace hazards that may cause death or serious injury.
B) provide reasonable leave periods for family-related health issues.
C) develop and enforce their own health and safety programs.
D) make the workplace more accommodating to women and families.

Question 6

The Equal Employment Opportunity Commission (EEOC) has interpreted Title VII of the Civil Rights Act of 1964 to include intentional acts of discrimination, but not acts that merely have discriminatory impact.

Question 7

Which of the following statements is true of workers' compensation?

A) "Work-related injuries" implies injuries arising out of employment or those that are related to the type of employment involved.
B) Employers are required to report on-the-job fatalities and injuries that require hospitalization within 72 hours.
C) The secretary of labor authority is delegated to establish detailed health and safety standards that must be complied with by employees only.
D) Injuries occurring on the way to and from the job are considered to be within the course of employment.

Question 8

An employer's refusal to bargain collectively with a union that represents its employees is an example of an unfair labor practice under the Labor-Management Relations Act (LMRA).

Question 9

The Family and Medical Leave Act:

A) covers birth but not adoption of a child.
B) covers employees the moment they begin work.
C) requires employers with 30 employees to give covered employees up to 18 paid workweeks of leave per year to deal with the care of themselves.
D) provides job security to employees with serious health conditions.

Question 10

According to the Family and Medical Leave Act (FMLA), employers with 50 or more employees are required to give covered employees up to 12 paid workweeks of leave per year to deal with the care of themselves, a child, a spouse, or a parent with a serious health condition.

Question 11

The Lilly Ledbetter Act states that each illegal pay differential payment renews a cause of action until the discrimination is reasonably discovered.

Question 12

Under the Genetic Information Nondiscrimination Act, genetic information includes family medical history.

Question 13

Workers' compensation laws put liability for injuries occurring within the scope of employment on the employer based on the degree of fault.

Question 14

The Employment Retirement Income Security Act (ERISA) requires employers to establish pension plans and to meet specific benefit levels.

Question 15

The Equal Pay Act prohibits racial, cultural, and national origin discrimination in pay.

Question 16

The Age Discrimination in Employment Act (ADEA) is enforced by the Equal Employment Opportunity Commission (EEOC).

Question 17

Generally, affirmative action plans must be permanent, may restrict the job opportunities of those not included in the plan, and should involve the hiring or promotion of unqualified workers (since such workers can be trained after their hiring or promotion).

Question 18

The Employee Polygraph Protection Act of 1988 prohibits private employers from using mechanical lie detector tests to investigate economic losses due to theft, embezzlement, or industrial espionage.

Question 19

The Americans with Disability Act (ADA) covers physical, but not mental, impairments that substantially limit one or more of a person's major life activities.

Question 20

The Occupational Safety and Health Act of 1970 requires covered employers to pay their employees a minimum hourly wage and to pay time and a half for hours worked in excess of 40 in one week.

Question 21

Which of the following statements is true of the Equal Employment Opportunity Commission?

A) It protects workers from retaliation if they refuse to do work that they reasonably believe might cause serious injury.
B) It prohibits employers from using lie detector tests on employees unless the employer is engaged in an investigation of economic losses due to theft.
C) It objects to mandatory binding arbitration as a condition of employment because it denies employees the right to bring independent discrimination claims.
D) It provides skilled people to help unions and employers in their bargaining so as to prevent strikes.

Question 22

The Equal Employment Opportunity Commission:

A) permits mandatory binding arbitration as a condition of employment.
B) can initiate action under Title VII of the Civil Rights Act of 1964 on its own.
C) is not supportive of alternative dispute resolution.
D) is based on the laissez-faire values of the 19 th century.

Question 23

A contract between an employer and a union which requires the employer to refrain from dealing in the products of another employer who is considered to be unfair to the union is called a _____.

A) collective bargaining agreement
B) competitive-hit agreement
C) hot-cargo agreement
D) union shop agreement

Question 24

Mandatory employment arbitration agreements:

A) keep employees from suing about workplace disputes.
B) do not apply to claims of discrimination.
C) are disfavored by the U.S. Supreme Court.
D) are supported by the Equal Employment Opportunity Commission.

Question 25

The Employment Retirement Income Security Act established the Pension Benefit Guaranty Corporation to:

A) insist on employers to establish pension plans or to meet specific benefit levels.
B) allow employer discretion and state regulation regarding nonpension benefits such as health insurance.
C) provide insurance for plans whose total assets were insufficient to pay promised benefits.
D) explain the benefits of underfunding among retired individuals.

Question 26

According to the Labor-Management Relations Act, which of the following is an example of unfair labor practices by the employer?

A) Setting excessive initiation fees under a union shop agreement
B) Coercing an employee to join a union
C) Coercing an employee in the selection of representatives for collective bargaining
D) Establishing or dominating a labor union

Question 27

In terms of labor law, garnishment:

A) processes unfair practice charges brought against unions and employers.
B) occurs when the employer discontinues operations during a labor dispute.
C) is a court order that makes money or property held by a debtor subject to the claim of a creditor.
D) refers to plans for increasing the proportion of minorities or women in an employer's workforce.

Question 28

Which of the following is true of Title VII of the Civil Rights Act of 1964?

A) The act applies only to employers engaged in an industry affecting interstate commerce that have at least 10 employees.
B) The act considers affirmative action as illegal because it involves reverse discrimination.
C) Discrimination based on religion is permitted where religion is a bona fide occupational qualification.
D) Discrimination based on race is permitted where race is a bona fide occupational qualification.

Question 29

The "yellow-dog contract":

A) grew powerful during the periodic economic depressions.
B) was widely used by employers to encourage the formation of unions.
C) required a worker taking a job to promise not to join a union.
D) was enforced by the Norris-LaGuardia Act passed by Congress.

Question 30

Identify the correct statement regarding the election process conducted by the National Labor Relations Board (NLRB).

A) Elections cannot be held if a petition is filed with the NLRB by an employer.
B) More than one union must always be present on the ballot for the election to take place.
C) The group of employees allowed to vote by the board is called the bargaining unit.
D) The exclusive bargaining representative for the unit represents only the employees of the unit who voted for them.

Question 31

The Labor-Management Reporting and Disclosure Act requires:

A) employers to disclose the wages of their employees.
B) a union to have a constitution and bylaws.
C) employers to disclose their meeting minutes taken in any union negotiation.
D) that manufacturing workers be informed of hazardous chemicals in the workplace.

Question 32

The Equal Pay Act of 1963 was passed as an amendment to the:

A) Employment Retirement Income Security Act.
B) Labor-Management Relations Act.
C) Fair Labor Standards Act.
D) National Labor Relations Act.

Question 33

The Fair Labor Standards Act requires covered employers to:

A) pay their professional staff time and a half for hours worked in excess of 45 in one week.
B) pay their employees a minimum hourly wage.
C) pay their employees double time.
D) be involved in hiring and firing decisions.

Question 34

Quid pro quo harassment involves:

A) insulting an employee by calling names or playing jokes to degrade that person and that takes place at even those places where one least expects them to happen.
B) demeaning, offensive, and inappropriate conduct against an employee based on their racial identification.
C) some express or implied connection between the employee's submission to sexually oriented behavior and job benefits.
D) an employee being subjected to demeaning and inappropriate conduct based on his or her religious practices or a disability.

Question 35

Which of the following is true of the Fair Labor Standards Act?

A) Employers are covered if they are engaged in interstate commerce.
B) Employers are covered if their annual gross sales exceed $1 million.
C) Employers are covered if they are involved in hiring and firing decisions.
D) Employees are not discriminated based on their age.

Question 36

The Civil Rights Act of 1991:

A) provides Title VII coverage only to U.S. citizens working in the U.S.
B) curbed remedies for people harmed by discrimination, thereby prohibiting claimants from suing for damages.
C) provides Title VII coverage to persons of all nationalities working in the U.S.
D) established that an employment decision based partly on discriminatory motives and partly on legitimate reasons is still illegal discrimination.

Question 37

Under the Age Discrimination in Employment Act and its amendments, _____.

A) employers of 10 or more people are prohibited from discriminating against their employees on the basis of age
B) it is permissible for employees to take early retirement
C) it is legal for employees less than 70 years of age to retire under a mandatory pension plan
D) no BFOQ exemption is provided

Question 38

The Employment Retirement Income Security Act of 1974:

A) primarily requires employers to establish pension plans.
B) primarily regulates the management and vesting of established plans.
C) covers only union-sponsored pension plans but not employer-sponsored pension plans.
D) processes unfair practice charges brought against unions and employers.

Question 39

The major piece of legislation outlawing discrimination in employment prohibiting discrimination on the basis of race, color, religion, sex, or national origin is:

A) the Fair Labor Standards Act of 1938.
B) the Employment Retirement Income Security Act of 1974.
C) the Age Discrimination in Employment Act.
D) Title VII of the Civil Rights Act of 1964.

Question 40

Which of the following statements is true of the Equal Pay Act?

A) The Equal Pay Act was passed as an amendment to the National Labor Relations Act, prohibiting sex discrimination in pay.
B) It requires that both sexes have equal pay for jobs that require equal responsibility and that are performed under similar working conditions.
C) Equal rates of pay are permitted under seniority and merit systems as well as other incentive systems.
D) It is designed to prevent problems such as underfunding and careless management of funds.

Question 41

Which of the following groups are covered under the Americans with Disabilities Act?

A) People with AIDS or AIDS-related conditions
B) Transvestites
C) People currently using drugs or alcohol
D) Bisexuals

Question 42

Describe the Age Discrimination in Employment Act (ADEA).

Question 43

Explain affirmative action.

Question 44

Which of the following is least likely to make the employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment-at-will doctrine?

A) Firing an employee because his religious convictions cause him to refuse to work on a contract for the Department of Defense
B) Firing an employee for refusing to commit perjury in a million-dollar product liability suit against the employer
C) Firing a middle-level manager for refusing to violate Title VII by faking an African-American subordinate's job evaluation to prevent promotion of the African-American
D) Firing an employee for filing a workers' compensation claim against the employer

Question 45

Salima became a Certified Public Accountant in 2002. After working as a staff auditor and accountant for other companies, she was hired as an auditor by Moore Corp. in 2003. When she was hired, there were four male auditors in her area who had been with the company for several years and were classified as senior auditors. In 2004, Salima complained that she was receiving the same salary as a new male senior auditor, Rashid, even though she was doing the same work. When Rashid was brought in, Moore Corp. was in the process of divestiture and its policy was to fill positions with lateral transfers from other areas because of a promotion and hiring freeze. In 2005, Salima filed a complaint with the Equal Employment Opportunity Commission (EEOC) claiming that she was not being paid equally for equal work. Did Moore Corp. violate the Equal Pay Act by paying Salima less than the male accountants?

Question 46

The payroll records of Mortimer Inc. revealed that all the employees worked an average of 48 hours in the month of June. Each worker received $7.20 an hour for the first 40 hours per week and $10.80 for the eight hours overtime. In May, some employees had been paid as much as $8.00 per hour for the first 40 hours, but the company reduced the scale when female employees complained that men were being paid more for the same work. The records also revealed that the plant manager and personnel manager worked as many as 60 hours per week but did not receive overtime pay. Discuss any legal problems that may exist in this scenario.

Question 47

Which of the following statements is true of the employment at will doctrine?

A) It requires certain reports to the secretary of labor that should disclose a great deal about the financial situation of the union.
B) It has been reinforced in the past 50 years by statutes such as Title VII, the National Labor Relations Act, and the Age Discrimination in Employment Act.
C) It is based on the laissez-faire values of the 19 th century, for it leaves both the employer and employee with maximum freedom.
D) It gives workers the right to organize and bargain collectively.

Question 48

Which of the following statements is true of the Employee Polygraph Protection Act?

A) If the state law regarding the use of lie detector tests is stricter than the federal law, it is preempted.
B) The act permits private employers to use mechanical lie detector tests for the purpose of screening applicants.
C) The act allows manufacturers and distributors of controlled substances wider use of mechanical lie detector tests.
D) It permits the employer to use lie detector tests on employees only when the employer is engaged in an investigation of theft.

Question 49

Describe the Genetic Information Nondiscrimination Act (GINA).

Question 50

Which of the following statements is true of the Americans with Disabilities Act (ADA)?

A) It protects a qualified individual with a disability from discrimination on the basis of that disability.
B) Most of the provisions of the ADA are very different from those of the Rehabilitation Act of 1973.
C) It does not protect people with AIDS or AIDS-related conditions.
D) "Reasonable accommodation" under the ADA includes providing quality treatment for drug and alcohol dependency.