Question 1

a. Discuss the rights of an injured employee against her employer under common law. 
b. How have workers' compensation acts changed this? Explain your answer.

Accepted Answer

a. Common law provides that an injured employee can sue her employer for injuries that occurred on the job. Common law defenses included conributory negligence, voluntary assumption of risk, and the fellow servant rule. 
b. Under workers' compensation acts, employees are automatically compensated for injuries they sustain within the scope of employment regardless of who was at fault in causing the injury. In return for the coverage provided by the mandatory insurance against such injuries that employers must carry on employees, the employee's right to sue was taken away. The only issues now litigated under workers' compensation acts are whether the injury occurred during the scope of employment and the seriousness of the injury. The issue of employer or employee negligence is not considered. The basis of recovery is strict liability, and common law defenses are not available.

Question 2

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  True

Question 3

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

Accepted Answer

A) True 
 B)False  True

Question 4

The Family and Medical Leave Act:

Accepted Answer

A)  applies to private employers with 50 or more employees. 
B)  does not apply to governmental employers. 
C)  allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
D)  requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period.. 
A)  applies to private employers with 50 or more employees. 
B)  does not apply to governmental employers. 
C)  allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
D)  requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period..

Question 5

A union shop contract requires the employer to hire only union members.

Accepted Answer

A) True 
 B)False

Question 6

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

The purpose of the Office of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

Accepted Answer

A) True 
 B)False

Question 9

Claims of unequal pay for jobs of comparable worth may be brought under:

Accepted Answer

A)  Title VII. 
B)  The Equal Pay Act. 
C)  OSHA. 
D)  Such claims may be brought under all of the above. 
A)  Title VII. 
B)  The Equal Pay Act. 
C)  OSHA. 
D)  Such claims may be brought under all of the above.

Question 10

The Supreme Court has recently held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant.

Accepted Answer

A) True 
 B)False

Question 11

Under the Age Discrimination in Employment Act (ADEA), which of these defenses are available?

Accepted Answer

A)  A bona fide occupational qualification. 
B)  A bona fide seniority system. 
C)  Any reasonable action. 
D)  All of these. 
A)  A bona fide occupational qualification. 
B)  A bona fide seniority system. 
C)  Any reasonable action. 
D)  All of these.

Question 12

Under the Americans with Disabilities Act:

Accepted Answer

A)  only governmental employees are covered. 
B)  punitive and compensatory damages are not recoverable. 
C)  an employer may not use tests that screen out workers with disabilities. 
D)  punitive damages for intentional discrimination are subject to a ceiling depending on company size. 
A)  only governmental employees are covered. 
B)  punitive and compensatory damages are not recoverable. 
C)  an employer may not use tests that screen out workers with disabilities. 
D)  punitive damages for intentional discrimination are subject to a ceiling depending on company size.

Question 13

The tort of invasion of privacy actually consists of:

Accepted Answer

A)  unreasonable intrusion into the seclusion of another. 
B)  unreasonable public disclosure of private facts. 
C)  unreasonable publicity that places another in a false light. 
D)  All of these. 
A)  unreasonable intrusion into the seclusion of another. 
B)  unreasonable public disclosure of private facts. 
C)  unreasonable publicity that places another in a false light. 
D)  All of these.

Question 14

a. What is the difference between equal pay for equal work and equal pay for comparable worth? 
b. How is it possible to establish a claim for equal pay for comparable worth if the jobs are different jobs? 
c. Is equal pay for comparable worth covered by the federal employment discrimination laws? Explain.

Accepted Answer

a. Equal pay for equal work means that m

Question 15

IBN has two manufacturing facilities, one in New York and one in Oklahoma. Marjorie has worked in the Oklahoma plant for 15 years assembling resistors. Her sister, Ellen, has worked at the same plant for 15 years also. Their brother, Hank, has worked there for 10 years in the same job as his sisters. Ellen transfers to the New York facility. Their salaries are now as follows: Marjorie-$12 per hour; Ellen-$19.50 per hour; Hank-$14 per hour. Is there a violation of the Equal Pay Act?

Accepted Answer

A)  Yes, because Ellen's pay is higher than Marjorie's. 
B)  Yes, because Ellen and Hank receive more per hour than Marjorie. 
C)  Yes, because Hank's pay is higher than Marjorie's. 
D)  No, since they are different people with different personalities. 
A)  Yes, because Ellen's pay is higher than Marjorie's. 
B)  Yes, because Ellen and Hank receive more per hour than Marjorie. 
C)  Yes, because Hank's pay is higher than Marjorie's. 
D)  No, since they are different people with different personalities.

Question 16

Social Security benefits are funded by:

Accepted Answer

A)  legally required assessments on employers. 
B)  taxes paid by both employers and employees or by self-employed persons. 
C)  the federal tax on corporations. 
D)  a combination of federal and state taxes. 
A)  legally required assessments on employers. 
B)  taxes paid by both employers and employees or by self-employed persons. 
C)  the federal tax on corporations. 
D)  a combination of federal and state taxes.

Question 17

The FLSA is not the federal minimum wage statute.

Accepted Answer

A) True 
 B)False

Question 18

Garaty, Inc. is currently engaged in negotiations with one of its major unions. The company is covered by the NLRA. If Garaty 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 Garaty will be in compliance with the act.

Accepted Answer

A) True 
 B)False

Question 19

In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

Accepted Answer

A) True 
 B)False

Question 20

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.

Exam 41: Employment Law

a. Discuss the rights of an injured employee against her employer under common law. b. How have workers' compensation acts changed this? Explain your answer.

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

The Family and Medical Leave Act:

A union shop contract requires the employer to hire only union members.

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

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

The purpose of the Office of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

Claims of unequal pay for jobs of comparable worth may be brought under:

The Supreme Court has recently held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant.

Under the Age Discrimination in Employment Act (ADEA), which of these defenses are available?

Under the Americans with Disabilities Act:

The tort of invasion of privacy actually consists of:

Social Security benefits are funded by:

The FLSA is not the federal minimum wage statute.

In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

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

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

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Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

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Transfer of Title and Risk of Loss

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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

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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

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Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

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