Deck 20: Employment Law

Question 1

Generally,under employment-at-will doctrine,an employer may fire an employee even if doing so would violate a federal or state statute.

Answer 1

False

Question 2

Whistleblowing occurs when an employer signals the end of a workday by sounding a buzzer,ringing a bell,or otherwise "blowing the whistle."​

Answer 2

False

Question 3

Some courts have held that an implied employment contract exists between the employer and the employee.

Answer 3

True

Question 4

Any employee who works more than seven and a half hours per day must be paid overtime.

Question 5

Children under fourteen years of age are not allowed to work.

Question 6

Employees who are exempt from the federal overtime provisions include manual laborers and other blue-collar workers.

Question 7

In states that require a minimum wage that is higher than the federal minimum wage,employers must pay the higher wage.

Question 8

The most common exception to the employment-at-will doctrine is made on the basis that a worker was fired for reasons that violate fundamental common sense.

Question 9

Following leave under the Family and Medical Leave Act,most employees must be restored to their original or a comparable position.

Question 10

Under the employment-at-will doctrine,an employer may terminate an employment relationship only for cause.

Question 11

An eligible employee may take leave under the Family and Medical Leave Act to care for the employee's spouse,child,or parent who has a serious health condition.

Question 12

A violation of federal family and medical leave requirements may result in a supervisor's personal liability,as an employer.

Question 13

Employers that have fifty or more employees must provide certain employees with up to twelve weeks of paid family or medical leave during any twelve-month period.

Question 14

Under the employment-at-will doctrine,an employee may terminate an employment relationship at any time and for any reason.

Question 15

Children aged sixteen to eighteen are allowed to work in hazardous occupations.

Question 16

An eligible employee may take leave under the Family and Medical Leave Act to care for a family member with a serious injury or illness incurred as a result of military duty.

Question 17

Federal wage-hour laws cover all employers engaged in interstate commerce.

Question 18

An employee who discloses information relating to fraud perpetrated by his or her employer against the government is protected from retaliatory discharge under federal and state statutes.

Question 19

The Occupational Safety and Health Act imposes on employers a general duty to keep the workplace safe.

Question 20

Employees can voluntarily pay overtime wages to ineligible employees.

Question 21

Landscaping Company offers Mike a job,representing that it will be long term.Mike accepts but is laid off shortly thereafter and successfully sues the employer for fraud.With respect to the employment-at-will doctrine,this is​

A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 22

Employers can require or cause employees to take lie-detector tests.

Question 23

Most employers with fifty or more employees are required to offer health-insurance benefits.

Question 24

Anna is an employee at Bento Food Mart.Anna is called for jury duty and as a result cannot work her scheduled shift.Bento fires Anna.She successfully sues Bento for reinstatement.With respect to the employment-at-will doctrine,this is​

A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 25

In most circumstances,employees can continue employer-provided health-care coverage after their jobs have been terminated.

Question 26

Drug-testing of private-sector employees is governed by federal law.

Question 27

Frank is an employee of Guitar Makers,LLC.Guitar's employee manual states that workers,such as Frank,will be dismissed only for good cause.With respect to the employment-at-will doctrine,this is​

A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.

Question 28

Medicare is funded by contributions from the employer and the employee.

Question 29

Vesting gives an employee a legal right to receive pension benefits at some future date when he or she stops working.

Question 30

Workers are eligible for unemployment compensation even if they were fired for misconduct or voluntarily left their jobs.

Question 31

Only employees contribute under federal law to help pay for benefits that will partially make up for their loss of income on retirement.

Question 32

An employer can exclude persons from employer-provided health-insurance coverage for preexisting conditions.

Question 33

Employees of private employers have some privacy protection under tort law and state constitutions.

Question 34

Whenever a work-related injury or disease occurs,employers must make reports directly to the Occupational Safety and Health Administration.

Question 35

Private retirement plans set up by employers are covered by the Employment Retirement Income Security Act.

Question 36

Even if employees are informed that their work-related communications are being monitored,they can expect the communications to be private.

Question 37

Tim works for University Food Service,Inc.The employer's discharge of Tim outside the terms of an oral employment contract may result in

A)the employer's liability for breach of contract.
B)the employee's ineligibility for unemployment compensation.
C)the imposition of an express employment contract on the employer.
D)none of the choices.

Question 38

To recover workers' compensation,an employee must prove that an injury did not occur on the job or in the course of employment.

Question 39

Employers are required to establish retirement plans for their employees.

Question 40

Gina works for FasTite Tool Company.The employer's discharge of Gina outside the terms of an implied employment contract may result in​

A)the employer's liability for breach of contract.
B)the employee's ineligibility for unemployment compensation.
C)the imposition of an express employment contract on the employer.
D)none of the choices.

Question 41

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

A)entitled to higher wages for working in a hazardous department.
B)reported to the Occupational Safety and Health Administration.
C)entitled to protection from discharge.
D)subject to discharge.

Question 42

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

A)to care for a newly adopted child.
B)to care for a newly placed foster child.
C)to go on an extended family vacation.
D)if the employee is unable to perform the essential functions of his or her job due to a serious health condition.

Question 43

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

A)up to twelve days.
B)up to twelve weeks.
C)up to twelve pay periods.
D)no limited duration.

Question 44

Excavation & Fill Corporation currently employs three hundred full-time workers.When the employer decides to lay off one-third of the workforce,no advance notice is provided.The employer may be subject to​

A)fines,employee back-pay awards,attorneys' fees,and more.
B)a cease-and-desist order or other injunction but no economic liability.
C)imprisonment but no injunctive or economic sanction.
D)no sanctions.

Question 45

Fact Pattern 20-1
O'Hara takes temporary family leave from her job at Property Management Company to care for a family member with a serious injury incurred as a result of military duty.
Refer to Fact Pattern 20-1.When O'Hara attempts to return to work,the employer refuses to reinstate her.Under the Family and Medical Leave Act,the employee may obtain​

A)an award of key employee status but no injunctive or economic relief.
B)a cease-and-desist order or other injunction but no economic award.
C)double damages,job reinstatement,a promotion,and more.
D)nothing.

Question 46

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

A)restore Livia to her same position or a comparable position.
B)reimburse Livia for her expenses while on leave.
C)promote Livia to the status of a key employee.
D)do nothing.

Question 47

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

A)continue it.
B)suspend it.
C)terminate it.
D)add the baby to it.

Question 48

Lucy retires from her job as an office manager for Medical Clinic,P.A.With respect to her pension benefits,federal law provides for​

A)timely and uninterrupted payment of private pension benefits.
B)employers' required establishment of pension plans.
C)vesting of employees' rights to all pension benefits immediately.
D)termination of pension benefits on employment termination.

Question 49

Fact Pattern 20-1
O'Hara takes temporary family leave from her job at Property Management Company to care for a family member with a serious injury incurred as a result of military duty.
Refer to Fact Pattern 20-1.During the leave,under the Family and Medical Leave Act,the employer must,with respect to the employee's health-care coverage,​

A)continue it.
B)freeze the terms and benefits.
C)remove the employee.
D)add the injured family member.

Question 50

Sally works for Timber Products,Inc.The basis for her 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​

A)seniority on the job.
B)annual wage base.
C)special job skills. 
D)county of residence. 

Question 51

Belle is an employee of College Cafeterias,Inc. ,covered by federal overtime provisions,which apply only after an employee has worked more than​

A)seven and a half hours in a day.
B)eight hours in a day.
C)forty hours in a week.
D)one year for the same employer.

Question 52

Lenny works for Mechanical Engineers,P.A.While working on a Mechanical Engineers project,Lenny is injured.Under state workers' compensation laws,Lenny will be compensated only if his injury was​

A)incidental.
B)material.
C)accidental.
D)intentional.

Question 53

Tom,an employee for Upstate Power Corporation,suffers an injury in an accident.Tom will be compensated under state workers' compensation laws if the injury occurred​

A)during working hours.
B)off the job.
C)on the job.
D)at any time during the period of Tom's employment.

Question 54

Bev works for Construction Inc.While working on a Construction project,Bev is injured.Under state workers' compensation laws,she can successfully sue her employer to recover for the injury only if it was​

A)incidental.
B)material.
C)accidental.
D)intentional.

Question 55

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

A)keep occupational injury and illness records for each employee.
B)report any work-related diseases.
C)report any work-related injuries.
D)pay employees higher wages for working in more dangerous areas.

Question 56

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

A)in the entertainment industry.
B)in a hazardous occupation.
C)for her parents.
D)in the agriculture industry.

Question 57

Brian,Carol,Dan,and Erica are employees of different-sized employers in different industries covered by the Fair Labor Standards Act.All employees in covered industries must be paid per hour​

A)a minimum wage.
B)a maximum wage.
C)overtime pay.
D)the same amount.

Question 58

Ethan,a former employee of Fiber Optics,Inc. ,is currently unemployed.To collect unemployment compensation,Ethan must​

A)be willing and able to work.
B)have been fired for misconduct.
C)have voluntarily left his job.
D)not be actively seeking employment.

Question 59

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

A)aircraft mechanics.
B)computer programmers.
C)outside salespersons.
D)professionals.

Question 60

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

A)thirty days.
B)sixty days.
C)ninety days.
D)one pay period.

Question 61

Price-Cut Discount stores may subject its employees to lie-detector tests when investigating​

A)none of the choices.
B)losses attributable to theft.
C)improper business communications.
D)suspected drug use.

Question 62

Health Insurance,Inc. ,believes that its employees waste work time talking and texting on their own phones.The employer notifies its employees that it will monitor these communications.Some employees file a suit,claiming a violation of privacy.The court is most likely to hold that,with respect to the employees' own phones,​

A)they have a reasonable expectation of privacy.
B)the employer did not violate the employees' privacy rights.
C)federal law prohibits the employer's "intentional interception."
D)federal law prohibits the employees' privacy claim.

Question 63

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

A)job-skills tests.
B)monitoring of business communications.
C)drug tests.
D)lie-detector tests.

Question 64

Shipping,LLC,provides its employees with an e-mail system.The company notifies them that it will monitor their communications over the system.Some employees file a suit against their employer,claiming a violation of privacy.The court is most likely to hold that,with respect to communications over the e-mail system,​

A)the employees did not have a reasonable expectation of privacy.
B)the employer violated the employees' privacy rights.
C)federal law prohibits the employer's "intentional interception."
D)federal law prohibits the employees' privacy claim.

Question 65

Tax Accounting Service,LLC employs one hundred workers.Under the Health Insurance Portability and Accountability Act,the employer must​

A)all of the choices.
B)designate privacy officials.
C)distribute privacy notices.
D)train employees to prevent the unauthorized disclosure of health data.

Question 66

Archway Architects offers health benefits to its employees.Under the Affordable Care Act,to offset the cost,Archway may​

A)be eligible for tax credits.
B)sell the employees' health data to affiliated parties.
C)charge the first thirty covered employees an additional $2,000 each.
D)assess the employees with the costs that exceed 9.5 percent of their income.

Question 67

Data Sales Company,a private employer,believes that its employees waste work time visiting unrelated online sites.Data notifies its employees that it will install software on tis computers to block access to certain sites.Some employees file a suit,claiming a violation of privacy.The court is most likely to hold that the employer is in violation of​

A)the employees' reasonable expectation of privacy.
B)the First Amendment of the U.S.Constitution.
C)the Electronic Communications Privacy Act.
D)none of the choices.

Question 68

Games,Inc. ,employs four hundred workers.Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they​

A)are fired for gross misconduct.
B)are laid off for budgetary reasons.
C)have their hours decreased from full-time to part-time.
D)quit their jobs voluntarily.

Question 69

Invest Sales Corporation wants to monitor its employees' electronic communications.Invest's best course of action to avoid liability under laws related to employee monitoring is to notify​

A)no one.
B)its employees.
C)its clients.
D)the public generally.

Question 70

Owen,a counter clerk at Pastry Bakery,notices that the bakers are not wearing protective gloves while preparing baked goods,a violation of state law.Owen reports this to Quinn,the owner,who does nothing.Owen tells Roberta,a reporter for STUV,a local television station.STUV reports the violations on a newscast.Pastry's business drops 40 percent.Can Quinn fire Owen for this?​

Question 71

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business.Odele and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment.At a distant site,Odele is injured in an accident that is entirely Phelps's fault.Odele files a claim for workers' compensation.Should the claim be granted? What would be Northwest Energy's best defense against it?​

Question 72

HVAC Services Inc.employs two hundred workers.Workers who lose their jobs with HVAC may have a right to continued health-care coverage under the company's group plan.If so,the premiums for the continued coverage are paid by​

A)the employer.
B)the still-employed workers.
C)the unemployed workers.
D)the federal government.