Question 1

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

Accepted Answer

A) True 
 B)False  False

Question 2

The Vietnam Veterans Readjustment Act requires:

Accepted Answer

A)  all Vietnam veterans to register with the EEOC. 
B)  all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
C)  all firms to engage in affirmative action for Vietnam-era veterans. 
D)  firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
A)  all Vietnam veterans to register with the EEOC. 
B)  all firms receiving federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. 
C)  all firms to engage in affirmative action for Vietnam-era veterans. 
D)  firms having at least $10,000 in federal contracts to engage in affirmative action for disabled and Vietnam-era veterans. D

Question 3

The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.

Accepted Answer

A) True 
 B)False  False

Question 4

The Fair Labor Standards Act regulates child labor in agricultural employment.

Accepted Answer

A) True 
 B)False

Question 5

Sexual harassment is covered by Title VII of the Civil Rights Act of 1964.

Accepted Answer

A) True 
 B)False

Question 6

Limber, Inc., a company covered by the NLRA, is engaged in negotiations with one of its major unions. If Limber issues a factually correct statement regarding its financial status along with the opinion of its auditors that meeting the union demands would require the company to close down, it is likely that Limber will be in compliance with the act.

Accepted Answer

A) True 
 B)False

Question 7

In a disparate treatment case:

Accepted Answer

A)  if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B)  an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
C)  if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
D)  All of these statements are true. 
A)  if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B)  an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
C)  if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
D)  All of these statements are true.

Question 8

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

Accepted Answer

A) True 
 B)False

Question 9

A defense available to the employer in an action for workers' compensation is that:

Accepted Answer

A)  the employee assumed the risk. 
B)  the employee's injury happened before he came to work. 
C)  the employee was contributorily negligent. 
D)  a co-worker caused the injury. 
A)  the employee assumed the risk. 
B)  the employee's injury happened before he came to work. 
C)  the employee was contributorily negligent. 
D)  a co-worker caused the injury.

Question 10

State statutes sometimes cover areas that are not covered by federal employment law.

Accepted Answer

A) True 
 B)False

Question 11

Fixit Co., a four-person business, employs Wesley as a full-time mechanic. One day while welding a frame modification on a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car. The welding torch ignited the oil, causing a fire in which Wesley was badly burned. Which of the following BEST describes the rights of the parties?

Accepted Answer

A)  Fixit is probably liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B)  Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
C)  Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
D)  Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment. 
A)  Fixit is probably liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B)  Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
C)  Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
D)  Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment.

Question 12

A union is engaged in a labor dispute with Hawkins, Inc. To force Hawkins into resolving the dispute in the union's favor, the union organizes a strike against Boxwell Co., with which the union has no dispute. The union agrees to stop the strike if Boxwell agrees to stop doing business with Hawkins. The strike against Boxwell is a prohibited unfair labor practice under the LMRA.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is NOT covered by the Fair Labor Standards Act?

Accepted Answer

A)  Minimum wages. 
B)  Hours of employment. 
C)  Child labor. 
D)  Defined benefit plans. 
A)  Minimum wages. 
B)  Hours of employment. 
C)  Child labor. 
D)  Defined benefit plans.

Question 14

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

Accepted Answer

A) True 
 B)False

Question 15

The Recreation and Parks Agency of the state government has six employees and is interviewing for a person to teach gymnastics and arts and crafts to 3-5 year olds. Ed, age 68, applies but is told he is too old. If he sues under the Age Discrimination in Employment Act, the agency's best defense would be that:

Accepted Answer

A)  they are not subject to the Act since they only have six employees. 
B)  the agency, as part of state government, is not subject to the Act. 
C)  Ed is not able to do gymnastics. 
D)  this is not a salary dispute. 
A)  they are not subject to the Act since they only have six employees. 
B)  the agency, as part of state government, is not subject to the Act. 
C)  Ed is not able to do gymnastics. 
D)  this is not a salary dispute.

Question 16

The __________ is responsible for enforcing federal anti-discrimination laws.

Accepted Answer

A)  OSHA 
B)  Social Security Administration 
C)  EEOC 
D)  NLRB 
A)  OSHA 
B)  Social Security Administration 
C)  EEOC 
D)  NLRB

Question 17

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following activities is identified as an unfair employer practice under the NLRA?

Accepted Answer

A)  Interfering with employees' rights to unionize and bargain collectively. 
B)  Refusing to bargain in good faith with duly established employee representatives. 
C)  Discriminating against union members. 
D)  All of these are unfair practices under the NLRA. 
A)  Interfering with employees' rights to unionize and bargain collectively. 
B)  Refusing to bargain in good faith with duly established employee representatives. 
C)  Discriminating against union members. 
D)  All of these are unfair practices under the NLRA.

Question 19

The Rehabilitation Act:

Accepted Answer

A)  requires all employers with 20 or more workers to take affirmative steps to employ the handicapped. 
B)  has been recently amended to categorically remove those with AIDS from its protection. 
C)  states that a person addicted to cigarette smoking is handicapped under the Act. 
D)  does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute. 
A)  requires all employers with 20 or more workers to take affirmative steps to employ the handicapped. 
B)  has been recently amended to categorically remove those with AIDS from its protection. 
C)  states that a person addicted to cigarette smoking is handicapped under the Act. 
D)  does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute.

Question 20

Which of the following is NOT true about Social Security?

Accepted Answer

A)  The purpose is to provide full retirement to almost all employees. 
B)  Employers and employees share the cost of contributions for the employees' benefit. 
C)  Self-employed individuals pay the full cost of contributions for their benefit. 
D)  Social security consists of four main programs: OASI, DI, Medicare, and SSI. 
A)  The purpose is to provide full retirement to almost all employees. 
B)  Employers and employees share the cost of contributions for the employees' benefit. 
C)  Self-employed individuals pay the full cost of contributions for their benefit. 
D)  Social security consists of four main programs: OASI, DI, Medicare, and SSI.

Exam 41: Employment Law

An employer's interference with the employee's right to bargain collectively is not an unfair labor practice.

The Vietnam Veterans Readjustment Act requires:

The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.

The Fair Labor Standards Act regulates child labor in agricultural employment.

Sexual harassment is covered by Title VII of the Civil Rights Act of 1964.

In a disparate treatment case:

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

A defense available to the employer in an action for workers' compensation is that:

State statutes sometimes cover areas that are not covered by federal employment law.

Which of the following is NOT covered by the Fair Labor Standards Act?

The Rehabilitation Act prohibits discrimination against the handicapped in federal programs and programs receiving federal financial aid.

The __________ is responsible for enforcing federal anti-discrimination laws.

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Which of the following activities is identified as an unfair employer practice under the NLRA?

The Rehabilitation Act:

Which of the following is NOT true about Social Security?

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance Breach and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits Collections and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property Property Insurance Bailments and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters