Question 1

Regarding the interrelationship of federal and state employment laws:

Accepted Answer

A) state laws must be identical to federal law or the state law is void 
B) states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws 
C) states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws 
D) employment law is exclusively a federal domain, so states may not enact laws when federal law already exists 
A) state laws must be identical to federal law or the state law is void 
B) states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws 
C) states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws 
D) employment law is exclusively a federal domain, so states may not enact laws when federal law already exists C

Question 2

The contract referred to in Question #16 above is:

Accepted Answer

A) procedurally unconscionable 
B) substantively unconscionable 
C) neither of these 
D) both of these 
A) procedurally unconscionable 
B) substantively unconscionable 
C) neither of these 
D) both of these A

Question 3

In EEOC v AutoZone,the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability.Fed Ex argued that the damages awarded by the jury were too high,and also offered evidence of its ADA compliance policy set forth in the employee manual.The court ruled:

Accepted Answer

A) for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA 
B) for the defendant AutoZone, because plaintiff had not established that he suffered from a disability 
C) for the plaintiff because the damages awarded were consistent with the damages awarded in other cases 
D) for the plaintiff because he established that he suffered from a disability 
A) for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA 
B) for the defendant AutoZone, because plaintiff had not established that he suffered from a disability 
C) for the plaintiff because the damages awarded were consistent with the damages awarded in other cases 
D) for the plaintiff because he established that he suffered from a disability C

Question 4

Describe what the role of a good human resources manager should be in managing employment law issues.

Accepted Answer

The role of a good human resources manag

Question 5

Under U.S.employment laws,employees have the right to:

Accepted Answer

A) not be fired, as long as they do a good job and the employer's financial condition does not require that employment levels be cut 
B) be treated fairly in all aspects of the workplace, including receiving fair compensation 
C) have health insurance and other basic benefits, provided that they are full-time employees 
D) all of the above 
E) none of the above 
A) not be fired, as long as they do a good job and the employer's financial condition does not require that employment levels be cut 
B) be treated fairly in all aspects of the workplace, including receiving fair compensation 
C) have health insurance and other basic benefits, provided that they are full-time employees 
D) all of the above 
E) none of the above

Question 6

Which of the following provisions,if included in a mandatory arbitration agreement,would be likely to render it unenforceable?

Accepted Answer

A) a provision that the employee pay the costs of the arbitrator's services 
B) a provision that gives the employer the right to choose any arbitrator 
C) a provision that bars all discovery 
D) a provision that requires the employee to prove his case 
E) all of these
F)all of these except d 
A) a provision that the employee pay the costs of the arbitrator's services 
B) a provision that gives the employer the right to choose any arbitrator 
C) a provision that bars all discovery 
D) a provision that requires the employee to prove his case 
E) all of these
F)all of these except d

Question 7

Your firm has just gotten a contract with the U.S.government to build security gates for the fence along the U.S.-Mexican border.In addition to the employment laws which already apply to your business,the following will now also apply:

Accepted Answer

A) Title IX 
B) the Federal Security Fence Funding Act of 2008 
C) EO # 11246 
D) all of these 
E) none of these 
A) Title IX 
B) the Federal Security Fence Funding Act of 2008 
C) EO # 11246 
D) all of these 
E) none of these

Question 8

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?

Accepted Answer

A) finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them 
B) if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court 
C) the EEOC encourages the parties to discrimination cases to use mediation 
D) the EEOC encourages the parties to discrimination cases to use arbitration 
A) finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them 
B) if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court 
C) the EEOC encourages the parties to discrimination cases to use mediation 
D) the EEOC encourages the parties to discrimination cases to use arbitration

Question 9

Which of the following is true of the enforcement process for discrimination charges brought under Title VII?

Accepted Answer

A) the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish 
B) charges must be brought within 60 days of the alleged discriminatory act 
C) a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court 
D) all of the above 
E) none of the above 
A) the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish 
B) charges must be brought within 60 days of the alleged discriminatory act 
C) a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court 
D) all of the above 
E) none of the above

Question 10

Dean got a job as a copyrighter for a publishing firm,and after working for the firm for two years,was told he was required to sign a mandatory arbitration agreement and agree to submit any employment disputes to binding arbitration.Dean was also told that if he would not sign it as is,he would be fired.Dean:

Accepted Answer

A) will have to sign the agreement if he wants to keep his job 
B) does not have to sign the agreement, and can still keep his job 
A) will have to sign the agreement if he wants to keep his job 
B) does not have to sign the agreement, and can still keep his job

Question 11

Regarding the historical development of employment law in the U.S.,which of the following statements is true?

Accepted Answer

A) Most federal employment laws were passed in the first half of the 19ᵗʰ century in response to growing industrialization 
B) The earliest employment laws focused on wages and hours 
C) Most employment laws were passed with little conflict, since the need for these laws was evident to employers, employees and legislators. 
D) The importance of employment at will has increased over time. 
E) None of the above. 
A) Most federal employment laws were passed in the first half of the 19ᵗʰ century in response to growing industrialization 
B) The earliest employment laws focused on wages and hours 
C) Most employment laws were passed with little conflict, since the need for these laws was evident to employers, employees and legislators. 
D) The importance of employment at will has increased over time. 
E) None of the above.

Question 12

Which of the following is generally true regarding the process of enforcing employment laws?

Accepted Answer

A) courts and government agencies hear cases only after employees come forward with complaints about violations of the law 
B) employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer 
C) once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case 
D) all of the above 
E) none of the above 
A) courts and government agencies hear cases only after employees come forward with complaints about violations of the law 
B) employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer 
C) once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case 
D) all of the above 
E) none of the above

Question 13

Employment law arises from a variety of sources.Name and briefly discuss each of them.

Accepted Answer

Employment law may arise from:
-CONSTITU

Question 14

Under the "payroll method" approved by the U.S.Supreme Court:

Accepted Answer

A) employers whose payrolls exceed $500,000 annually are covered by Title VII 
B) employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination 
C) employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year 
D) employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked. 
E) none of the above 
A) employers whose payrolls exceed $500,000 annually are covered by Title VII 
B) employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination 
C) employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year 
D) employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked. 
E) none of the above

Question 15

Sarah aged 59,has been employed by your firm for more than 26 years,and has continually received above-average evaluations.Just before her 27ᵗʰ anniversary with the firm,you are ordered by your superior,the HR Manager,to tell her that her employment with the firm is terminated immediately.Given the facts,as presented,the issues most likely to be raised are:

Accepted Answer

A) legal 
B) ethical 
C) medical 
D) contract 
E) none of these 
A) legal 
B) ethical 
C) medical 
D) contract 
E) none of these

Question 16

In Casias v.Wal-Mart Stores,plaintiff Casias,a cancer patient and Wal-Mart employee,was prescribed medical marijuana for his symptoms by his physician,pursuant to the state's new medical marijuana law.Upon being injured at work,he was given a blood test which showed marijuana in his system.He was fired,and sued for wrongful termination.The court ruled:

Accepted Answer

A) for the Plaintiff because he had a valid state medical marijuana registry card to show that he was authorized to use medical marijuana 
B) for the Plaintiff because he did not cause his own injury at work 
C) for Wal-Mart, because the state law did not change employment-at-will 
D) for Wal-Mart, because plaintiff's marijuana use led to his injury 
A) for the Plaintiff because he had a valid state medical marijuana registry card to show that he was authorized to use medical marijuana 
B) for the Plaintiff because he did not cause his own injury at work 
C) for Wal-Mart, because the state law did not change employment-at-will 
D) for Wal-Mart, because plaintiff's marijuana use led to his injury

Question 17

Regarding arbitration,which of the following statements is true?

Accepted Answer

A) historically, arbitration has been used to resolve disputes over contractual rights 
B) arbitrators' decisions are usually advisory and not considered final 
C) arbitrators have less control over the outcomes of disputes than do mediators. 
D) arbitration is always more costly and time-consuming than litigation 
E) none of these 
A) historically, arbitration has been used to resolve disputes over contractual rights 
B) arbitrators' decisions are usually advisory and not considered final 
C) arbitrators have less control over the outcomes of disputes than do mediators. 
D) arbitration is always more costly and time-consuming than litigation 
E) none of these

Question 18

In Nino v The Jewelry Exchange,plaintiff bank employee sued alleging discrimination,and his employer sought to dismiss the suit,stating that the employee had signed a mandatory arbitration agreement,so that the suit should go to arbitration.The employee responded that the mandatory arbitration agreement he had signed was unconscionable,and therefore,unenforceable.Among other things,the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration.The court ruled:

Accepted Answer

A) for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable. 
B) for the Plaintiff employee, because the arbitration agreement was procedurally unconscionable. 
C) for the Defendant employer, because none of the provisions of the arbitration agreement was unconscionable. 
D) for the Defendant employer because the unconscionable parts of the arbitration agreement could be stricken, and the arbitration could proceed. 
A) for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable. 
B) for the Plaintiff employee, because the arbitration agreement was procedurally unconscionable. 
C) for the Defendant employer, because none of the provisions of the arbitration agreement was unconscionable. 
D) for the Defendant employer because the unconscionable parts of the arbitration agreement could be stricken, and the arbitration could proceed.

Question 19

An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?

Accepted Answer

A) the agreements probably won't apply to any of its unionized employees 
B) the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals 
C) the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts 
D) all of the above 
E) none of the above 
A) the agreements probably won't apply to any of its unionized employees 
B) the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals 
C) the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts 
D) all of the above 
E) none of the above

Question 20

As the Human Resources manager of your firm,the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you.At a minimum,legally,which of the following actions are required to make the policy enforceable?

Accepted Answer

A) send email notice to all employees that a mandatory arbitration policy has been adopted 
B) post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy 
C) provide employees with a copy of the agreement, and ask them to sign it 
D) make certain that the agreement provides, and the employees understand, that they are waiving their rights to sue 
E) all of these are legally requird
F)none of these are legally required
G)only c and d are legally required 
A) send email notice to all employees that a mandatory arbitration policy has been adopted 
B) post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy 
C) provide employees with a copy of the agreement, and ask them to sign it 
D) make certain that the agreement provides, and the employees understand, that they are waiving their rights to sue 
E) all of these are legally requird
F)none of these are legally required
G)only c and d are legally required

Regarding the interrelationship of federal and state employment laws:

The contract referred to in Question #16 above is:

Describe what the role of a good human resources manager should be in managing employment law issues.

Under U.S.employment laws,employees have the right to:

Which of the following provisions,if included in a mandatory arbitration agreement,would be likely to render it unenforceable?

Your firm has just gotten a contract with the U.S.government to build security gates for the fence along the U.S.-Mexican border.In addition to the employment laws which already apply to your business,the following will now also apply:

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?

Which of the following is true of the enforcement process for discrimination charges brought under Title VII?

Regarding the historical development of employment law in the U.S.,which of the following statements is true?

Which of the following is generally true regarding the process of enforcing employment laws?

Employment law arises from a variety of sources.Name and briefly discuss each of them.

Under the "payroll method" approved by the U.S.Supreme Court:

Regarding arbitration,which of the following statements is true?

An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?

As the Human Resources manager of your firm,the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you.At a minimum,legally,which of the following actions are required to make the policy enforceable?

The Employment Relationship

Overview of Employment Discrimination

Recruitment, Applications, and Interviews

Background Checks, References, and Verifying Employment Eligibility

Employment Tests

Hiring and Promotion Decisions

Affirmative Action

Harassment

Reasonably Accommodating Disability and Religion

Work-life Conflicts and Other Diversity Issues

Wages, Hours, and Pay Equity

Benefits

Unions & Collective Bargaining

Occupational Safety and Health

Performance Appraisals, Training and Development

Privacy on the Job: Information, Monitoring and Investigations

Terminating Individual Employees

Downsizing, Unemployment Insurance, and Other Post-termination Issues

Filters

Exam 1: Overview of Employment Law

Regarding the interrelationship of federal and state employment laws:

The contract referred to in Question #16 above is:

Describe what the role of a good human resources manager should be in managing employment law issues.

Under U.S.employment laws,employees have the right to:

Which of the following provisions,if included in a mandatory arbitration agreement,would be likely to render it unenforceable?

Your firm has just gotten a contract with the U.S.government to build security gates for the fence along the U.S.-Mexican border.In addition to the employment laws which already apply to your business,the following will now also apply:

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?

Which of the following is true of the enforcement process for discrimination charges brought under Title VII?

Regarding the historical development of employment law in the U.S.,which of the following statements is true?

Which of the following is generally true regarding the process of enforcing employment laws?

Employment law arises from a variety of sources.Name and briefly discuss each of them.

Under the "payroll method" approved by the U.S.Supreme Court:

Regarding arbitration,which of the following statements is true?

An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?

As the Human Resources manager of your firm,the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you.At a minimum,legally,which of the following actions are required to make the policy enforceable?

The Employment Relationship

Overview of Employment Discrimination

Recruitment, Applications, and Interviews

Background Checks, References, and Verifying Employment Eligibility

Employment Tests

Hiring and Promotion Decisions

Affirmative Action

Harassment

Reasonably Accommodating Disability and Religion

Work-life Conflicts and Other Diversity Issues

Wages, Hours, and Pay Equity

Benefits

Unions & Collective Bargaining

Occupational Safety and Health

Performance Appraisals, Training and Development

Privacy on the Job: Information, Monitoring and Investigations

Terminating Individual Employees

Downsizing, Unemployment Insurance, and Other Post-termination Issues

Filters