Deck 33: Employment and Labor Law

Question 1

Firing a worker who refuses to perform an illegal act violates pub?lic policy.

Answer 1

True

Question 2

Under federal law, the term wages includes only a set amount of pay expressed in dollars.

Answer 2

False

Question 3

Federal labor law protects employees' right to join labor unions.

Answer 3

True

Question 4

Unions must report on their activities to their members.

Question 5

Employers can agree with unions not to handle, use, or deal in non-un?ion-produced goods.

Question 6

An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract.

Question 7

Federal law governs unions' internal business procedures.

Question 8

The employment-at-will doctrine is little used today.

Question 9

An employer may not hire substitute workers to replace strikers.

Question 10

An employer may campaign among its workers against a union during a union election campaign.

Question 11

There are no exceptions to the employment-at-will doctrine.

Question 12

Federal labor law protects employees' right to strike.

Question 13

A closed shop is a firm that rejects union membership as a condition of employment.

Question 14

All employees are entitled to overtime pay.

Question 15

Children over fourteen years of age can work in hazardous occupations.

Question 16

Requiring union membership as a condition of continued employment is legal.

Question 17

An employer can refuse to bargain collectively with an elected employee representative.

Question 18

Contracts limiting employees' rights to join unions are unlawful.

Question 19

Whistleblower statutes protect employers who retaliate against their employees for "blowing the whistle."

Question 20

Non-workers do not have a right to picket an employer during a strike.

Question 21

Employers who provide pension plans for retired workers must comply with certain standards in managing the plans.

Question 22

Generally, an employer's monitoring of electronic commu?nications in the workplace does not violate employees' privacy rights.

Question 23

Only state law governs drug tests of private-sector employees.

Question 24

Once an employee receives workers' compensation, he or she can maintain a suit against the employer for negligence.

Question 25

All unemployed workers are eligible for unemployment compensation.

Question 26

Only the states set safety standards governing workplaces.

Question 27

No employee has a reasonable expectation of privacy in the workplace.

Question 28

An employer may hire an illegal immigrant if the employer files a special form.

Question 29

Employee contributions to pension plans vest immediately.

Question 30

Certain employers must provide their employees with up to twelve weeks of family or medical leave during any twelve-month period.

Question 31

Employers are required to establish retirement plans for their employees.

Question 32

Employer who willfully violates safety regulations can be prosecuted under state criminal laws.

Question 33

Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment.

Question 34

Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.

Question 35

An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.

Question 36

The basis for contributions to help pay for an employee's loss of income on retirement is the employee's annual wage base.

Question 37

An employer can require an employee to take a lie-detector test when in?vestigating losses attributable to theft.

Question 38

Some state laws restrict AIDS testing.

Question 39

To recruit employees from other countries, an employer must first complete a certification process.

Question 40

To recover workers' compensation, an employee must prove that an injury was the fault of the employer.

Question 41

Lena offers Miguel a job, representing falsely that it will be long term. In reliance, Miguel takes the job but is laid off shortly thereafter and successfully sues Lena 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 42

Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour requirements, Verity must be engaged in

A) business activity.
B) employment at will.
C) international commerce.
D) interstate commerce.

Question 43

Lyra is an employee of Micro Brewing Company. Micro fires Lyra on the basis of her gender, which violates a clear expression in a statute that does not cover Micro only because Micro has too few employees. Lyra successfully sues Micro for wrongful discharge on this basis, however. 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 44

Flem is an employee of Glo Goods, Inc. Flem reports to state officials that Glo is illegally shipping unsafe goods to unsuspecting customers. When Glo learns of Flem's report, Glo fires him. He successfully sues Glo for wrongful discharge. 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 45

Industrial Solvents, Inc., and its employees are subject to federal labor law, which is concerned with the rights of

A) neither the employees nor the employer.
B) the employees and the employer.
C) the employees only.
D) the employer only.

Question 46

Doctors Hospital Corporation employs seven thousand workers in seven locations. These employees have the right to

A) demand that Doctors Hospital Corporation be a closed shop.
B) make "hot-cargo" agreements.
C) organize.
D) refuse to bargain with Doctors Hospital Corporation.

Question 47

Rich works as a forklift operator for Storage Warehouse Company. Assuming that Rich meets other requirements, the maximum number of hours that he can work per week without over?time pay is

A) thirty-nine.
B) forty.
C) forty-one.
D) unlimited.

Question 48

Frida is an employee of Green Recycled Products Company. A state statute protects Frida from Green's retaliation if Frida reports to state officials, or others, that Green is involved in unsafe or illegal activity. 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 49

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

A) eight hours in a day.
B) forty hours in a week.
C) 160 hours in a month.
D) one year for the same employer.

Question 50

Fresh Food Packaging Company employs workers, including Gregor, at six locations in two states. Fresh Food's discharge of Gregor outside the terms of an employment contract may result in

A) Fresh Food's liability for damages.
B) Gregor's deportation under the Immigration Act.
C) discontinuance of Gregor's health-plan coverage.
D) monitoring Fresh Food's communications for privacy violations.

Question 51

Super Sales Corporation provides Tyrone and other salespersons with meals and lodging when they are on the road. Under federal law, the term wages may include, besides pay, the reasonable cost to Standard of fur?nishing Tyrone with

A) lodging and meals.
B) lodging only.
C) meals only.
D) neither lodging nor meals.

Question 52

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

A) during school hours.
B) in a hazardous occupation.
C) more than eighteen hours per week.
D) without a special permit.

Question 53

Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers 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 54

Ilsa works as a clerk for Java Café at minimum wage. The minimum-wage rate is revised

A) annually, according to the rate of inflation.
B) every seven years, according to changes in the cost of living.
C) periodically by Congress.
D) whenever the president issues an executive order to revise the rate.

Question 55

Dag is an employee of Eagle Mining Company. Under federal labor law, Dag and other employees have the right to

A) bargain collectively with Eagle through their representatives.
B) insist that Eagle require union membership as a condition of work.
C) interfere with the efforts of others to form labor organizations.
D) refuse to bargain with Eagle through their representatives.

Question 56

Link and Meryl are employees of Natural Resources, Inc. (NRI). When Odel, the president of NRI, learns that Link and Meryl are active in un?ion activities, he discharges them. Link and Meryl may bring an action against NRI under

A) federal labor law.
B) federal or state unemployment law.
C) state workers' compensation law.
D) the employment at-will doctrine.

Question 57

Emma, Frick, Glenda, and Huey are employees of different-sized employers in different industries. A minimum wage must be paid to employees in

A) all industries.
B) covered industries only.
C) no industries.
D) small-business industries only.

Question 58

Hi-Tech Assembly Corporation employs seven thousand work?ers in three states. A third of the employees are members of the International Telecommunications Workers Union. Under federal labor law, the union can

A) demand that Hi-Tech be a closed shop.
B) insist that Hi-Tech hire more employees than necessary.
C) refuse to bargain with Hi-Tech.
D) none of the choices.

Question 59

Pip, a clerk for a Quik Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Pip must be given his job back if the strike is not deemed unlawful, there is still work at the restaurant, and the strike was

A) an economic strike only.
B) an economic strike or an unfair labor practice strike.
C) an unfair labor practice strike only.
D) unlawful.

Question 60

Myron is an employee of Nero. Either party can terminate the employment relationship at any time for any reason without liability. 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 61

Heavy Hydraulics Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep oc?cu?pational injury and illness records for each employee if the employers have

A) eleven or more employees.
B) twenty-one or more employees.
C) thirty-one or more employees.
D) fifty-one or more employees.

Question 62

Holly takes temporary leave from her job at Interstate Trucking Company to care for her new baby. When she attempts to return to work, Interstate refuses to reinstate her. Under the Family and Medical Leave Act, Holly may be entitled to

A) damages only.
B) damages or job reinstatement only.
C) double damages, job reinstatement, a promotion, and more.
D) nothing.

Question 63

Hoppy, who works as an employee for Imperial Power Corporation, suf?fers an injury in an accident. Hoppy will be compen?sated under state work?ers' compensation laws

A) only if the injury occurred during working hours.
B) only if the injury occurred off the job.
C) only if the injury occurred on the job.
D) whenever and wherever the injury occurred.

Question 64

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants

A) if either the employer or the immigrants file special forms.
B) only if the employer files a special form.
C) only if the immigrants file special forms.
D) under no circumstances.

Question 65

Service Employees International Union would like Tasty Cafés, Inc., to require un?ion membership of its job applicants as a condition to obtaining employment. This is

A) illegal in all states.
B) illegal only in states that have right-to-work laws.
C) legal in all states.
D) legal only in states that have right-to-work laws.

Question 66

Machine Operations, Inc. (MO), employs four hundred workers at three locations in three states. Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who

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 67

Chewy works for Deep Excavation Corporation (DEC). While operating a backhoe, Chewy suffers an injury. He will be compen?sated under state workers' compensation laws only if

A) he does not have health insurance.
B) he is completely disabled.
C) he successfully sues DEC.
D) his injury was accidental and occurred on the job or in the course of employment.

Question 68

Cafe Dining, Inc., employs one hundred workers at three loca?tions in two states. Under federal law, Café must pro?vide its employees, during any twelve-month period, family or medi?cal leave of up to

A) twelve days.
B) twelve weeks.
C) twelve months.
D) twelve years.

Question 69

Eduardo is an employee of Free-Flo Plumbing Corporation. With respect to the workplace, under federal health and safety statutes, Free-Flo has

A) a general duty to keep it safe and to meet specific standards.
B) no general duty to keep it safe but must meet specific standards.
C) no general duty to keep it safe or to meet specific standards.
D) only a general duty to keep it safe.

Question 70

Consolidated Waste, Inc., lays off fifty of its five hundred workers, including Don. Consolidated can eliminate Don's medical insurance coverage

A) if Consolidated changes its group insurer.
B) if Consolidated completely cancels its group benefit plan.
C) if Don files a suit against Consolidated for wrongful discharge.
D) under any circumstances.

Question 71

Cy, an employee of Dockyard Shipping Corporation, is in?jured on the job and accepts workers' compensation. Cy can success?fully sue Dockyard

A) only if the injury was caused by Dockyard intentionally.
B) only if the injury was caused by Dockyard's negligence.
C) regardless of Dockyard's fault.
D) under no circumstances.

Question 72

Staffing Solutions Corporation is subject to the Social Security Act, which

A) covers only employees who do not receive employer-paid pensions.
B) governs state unemployment compensation funds.
C) provides retirement, survivors, and disability insurance.
D) regulates disputes between unions and management.

Question 73

Network Industries, Inc., wants to monitor its employees' electronic com?munications. To avoid liability under laws related to employee monitor?ing, Network should discuss the monitoring with

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

Question 74

Over a forty-year period, Ewa worked in a variety of jobs. She was also occasionally unemployed, briefly hospitalized, and suffered a temporary disability. She retired last year. The key law on all of these sub?jects is

A) the Consolidated Omnibus Budget Reconciliation Act.
B) the Employee Retirement Income Security Act.
C) the Federal Insurance Contributions Act.
D) the Social Security Act.

Question 75

Detroit Automotive Company (DAC) agrees with its employees' union not to buy any nonunion-produced component parts from other firms for use in DAC products. This is

A) a permissible secondary boycott.
B) a prohibited secondary boycott.
C) a technically legal secondary boycott.
D) a unilateral one-party boycott.

Question 76

Petro Oil Company wants to test its workers for acquired immune defi?ciency syndrome (AIDS). Petro may

A) discharge employees who have AIDS.
B) discriminate against job applicants who have AIDS.
C) test its employees for AIDS.
D) none of the choices.

Question 77

During a union election campaign at Skyscraper Construction Corporation, the employer can, without monitoring or regulating by the National Labor Relations Board, threaten employees with

A) a layoff only.
B) a layoff or a reduction in benefits and wages.
C) a reduction in benefits and wages only.
D) neither a layoff nor a reduction in benefits and wages.

Question 78

Pam is an administrative employee of Quality Assurance Company. Social Security contributions to help pay for Pam's loss of income on re?tirement are made by

A) neither Pam nor Quality Assurance.
B) Pam and Quality Assurance.
C) Pam only.
D) Quality Assurance only.

Question 79

First National Bank may subject its employees to lie-detector tests when investigating

A) health and medical conditions.
B) losses attributable to theft.
C) prior work history.
D) suspected drug use.

Question 80

Mia is an employee of Numbers Crunch, Inc. (NCI). Orin, who is unemployed, collects unemployment compensa?tion. This is provided by a tax on

A) Mia and Orin only.
B) Mia, NCI, and Orin.
C) NCI only.
D) not Mia, NCI or Orin.