Question 1

Detailed Designs Company,an architectural firm,wants to hire Eduardo,a noncitizen.A temporary work visa is most likely to be set aside for a noncitizen who is

Accepted Answer

The category of temporary work visas for noncitizens that best fits Eduardo's situation is the "person of extraordinary ability" visa. This visa category is designed for individuals who possess extraordinary abilities in the arts, science, education, business, or athletics. Given that Eduardo is an architect who possesses specialized knowledge and skills in his field, he may qualify for this type of visa. Option A is incorrect, as the concept of "person of ethnic similarity to the employer's workforce" is not a valid criterion for the issuance of a temporary work visa. Likewise, option C is incorrect, as "ordinary ability and ambition" are not sufficient to warrant the grant of a temporary work visa. Finally, option D, while admirable, is not a visa category used by US immigration authorities.

Question 2

Clerical Workers Union represents the employees of Miracle Medical Research Company.The management of the firm refuses to bargain with the union over the hiring of unnecessary workers.This most likely violates

Accepted Answer

The answer of Clerical Workers Union represents the employees of...

Question 3

Hu,Ivan,and Juana apply to work for King Meatpacking Company.These individuals' identities and eligibility to work must be verified by

Accepted Answer

The employer is responsible for verifying the identities and eligibility to work of their employees, not the individuals, their countries of origin, or the USCIS.

Question 4

Richard is an employee of Stealth Security Company.Stealth discharges Richard for refusing to infiltrate a competitor's organization to learn its trade secrets.With respect to the employment-at-will doctrine,this is

Accepted Answer

This is an exception based on public policy. It is against public policy to require an employee to engage in illegal or unethical behavior, such as infiltrating a competitor's organization to gain trade secrets. Therefore, Richard's termination falls under the exception based on public policy.

Question 5

Delicious Fruit-of-the-Month Company currently employs five hundred full-time workers and two hundred part-time seasonal workers.Because business has declined,Delicious plans to close a plant that employs more than fifty full-time workers.Advance notice of the layoff must be sent to

Accepted Answer

The advance notice of the layoff must be sent to the affected workers or their union representative, as per the Worker Adjustment and Retraining Notification (WARN) Act.

Question 6

Miley takes temporary medical leave from her job at Lumber Mill Inc.to care for a parent with a serious health condition.When she attempts to return to work,Lumber Mill refuses to reinstate her.Under the Family and Medical Leave Act,Miley may obtain

Accepted Answer

Under the Family and Medical Leave Act, Miley is entitled to job reinstatement and potentially double damages if she can prove that Lumber Mill's refusal to reinstate her was retaliatory or discriminatory. She is not entitled to a promotion, but may be reinstated in the same position or a similar one.

Question 7

Interstate Distribution,Inc.(IDI),provides its employees with an e-mail system.IDI notifies them that it will monitor their communications over the system.Some employees file a suit against IDI,claiming a violation of privacy.The court is most likely to hold that,with respect to commu?nications over the e-mail system,

Accepted Answer

In general, employers have the right to monitor employee communications on company-provided communication systems, including email systems. The employees may argue that they had a reasonable expectation of privacy, but courts have generally held that employees do not have a reasonable expectation of privacy in their use of company-provided communication systems. Therefore, the court is most likely to hold that the employees did not have a reasonable expectation of privacy with respect to communications over the e-mail system.

Question 8

Residential Construction Company agrees with its employees' union not to buy any nonunion-produced goods from other firms for use on Residential Construction job sites.This is

Accepted Answer

This is a prohibited secondary boycott. The agreement between the Residential Construction Company and its employees' union not to buy any nonunion-produced goods from other firms for use on Residential Construction job sites is considered a secondary boycott as it aims to put pressure on nonunionized firms to force them into joining the union. Such actions are prohibited under the National Labor Relations Act (NLRA) and may result in legal consequences.

Question 9

Emma,Frick,Glenda,and Huey are employees of different-sized employ?ers in different industries.Under the Fair Labor Standards Act,a mini?mum wage must be paid to employees in

Accepted Answer

The Fair Labor Standards Act applies to covered industries only, meaning employers that engage in interstate commerce, produce goods for interstate commerce, or handle goods that have been moved across state lines. Therefore, not all industries are required to pay minimum wage under this law.

Question 10

Fedro is an employee of Earth & Sea Mining Company.Under federal law,Fedro and other employees have the right to

Accepted Answer

Under federal law (National Labor Relations Act), employees have the right to bargain collectively with their employer through their chosen representative. This means that employees can form or join a union and negotiate with their employer for better wages, benefits, and working conditions. Therefore, choice A is the best option.

Question 11

Myron is an employee of Nero.Either party can terminate the employ?ment relationship at any time for any reason without liability.With re?spect to the employment-at-will doctrine,this is

Accepted Answer

This statement indicates that both parties have the right to end the employment relationship at any time for any reason without facing any legal consequences. This is the basic principle of employment-at-will doctrine, where no explicit contractual agreement is made between the employer and employee. Therefore, it is an example of the employment-at-will doctrine.

Question 12

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

Accepted Answer

Lie-detector tests are commonly used in cases of suspected theft, but not for health and medical conditions, prior work history, or suspected drug use.

Question 13

Jenna is fifteen years old.Under the Fair Labor Standards Act,Jenna cannot work

Accepted Answer

The answer of Jenna is fifteen years old.Under the Fair...

Question 14

Boz,a clerk for a Cheezy Burger,Inc. ,restaurant goes out on strike with the other employees.After the strike,Boz must be given his job back if there is still work at the restaurant and the strike was

Accepted Answer

According to the National Labor Relations Act, employees have the right to participate in lawful economic strikes, and upon the conclusion of a strike, they have the right to be reinstated to their previous position if the strike was lawful and there is still work available. Therefore, Boz must be given his job back if the strike was lawful.

Question 15

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico.Due to the location,it would be easier for Southwestern to employ noncitizens.It is legal for a U.S.employer to

Accepted Answer

It is not legal for a U.S. employer to hire, recruit or refer for a fee persons who are not authorized to work in the United States. U.S. employers are required to verify the employment eligibility of all employees hired to work in the United States by completing Form I-9 and reviewing documentary evidence of identity and work authorization. Employers who knowingly hire or continue to employ unauthorized workers may face civil and criminal penalties.

Question 16

Ewa is a current employee of Financial Accounting,Inc.Gomer,a former Financial employee who is currently unemployed,collects unemploy?ment compensa?tion.This is provided by a tax on

Accepted Answer

The answer of Ewa is a current employee of Financial...

Question 17

Chuck works for Deepwater Drilling Corporation.While operating a Deepwater drill,Chuck suffers an injury.Under state workers' compen?sation laws,Chuck will be compensated only if

Accepted Answer

Workers' compensation laws typically require that the injury or illness be accidental and arise out of employment in order for the employee to be eligible for compensation. Therefore, choice C is the correct answer. The other options (A, B, and D) are not relevant to determining eligibility for workers' compensation benefits.

Question 18

During a union election campaign,Autowerks Repair,Inc. ,prohibits on-site,work-hour solicitations by any party,including Mechanics Union,which is seeking the workers' unionization.This violates

Accepted Answer

The answer of During a union election campaign,Autowerks Repair,Inc. ,prohibits...

Question 19

Machine Operations,Inc.(MO),employs four hundred workers at three locations in three states.Workers who lose their jobs with MO have a right to continued health-care coverage under MO's group plan unless they

Accepted Answer

Workers who lose their jobs due to gross misconduct do not have a right to continued health-care coverage under MO's group plan.

Question 20

Kato takes temporary family leave from his job at Lube & Oil Company to care for a new baby.During the leave,under the Family and Medical Leave Act,Lube & Oil must

Accepted Answer

Under the Family and Medical Leave Act (FMLA), employers are required to continue an employee's health-care coverage during their approved family leave. Therefore, Lube & Oil Company must continue Kato's health-care coverage while he is on temporary family leave.

Quiz 34: B: Employment,immigration,and Labor Law