Question 1

Sunny Energy Company wants to genetically test its workers for potentially significant, future health problems. Sunny may

Accepted Answer

A)  discharge employees who test "positive." 
B)  discriminate against job applicants who test "positive." 
C)  deny group health insurance for its employees who test "positive." 
D)  not make employment decisions based on genetic testing. 
A)  discharge employees who test "positive." 
B)  discriminate against job applicants who test "positive." 
C)  deny group health insurance for its employees who test "positive." 
D)  not make employment decisions based on genetic testing. D

Question 2

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for

Accepted Answer

A)  a random selection of new hires. 
B)  every other new hire. 
C)  new hires with certain racial or ethnic characteristics. 
D)  each new hire. 
A)  a random selection of new hires. 
B)  every other new hire. 
C)  new hires with certain racial or ethnic characteristics. 
D)  each new hire. D

Question 3

Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Accepted Answer

It is illegal to hire for work in the United States a person who is not authorized to work here. Thus, under no circumstances can an employer legally hire a noncitizen who is in the United States unlawfully. But an employer may hire a noncitizen who is a lawful permanent resident. The principal responsibility to verify an individual's identity and eligibility to work rests with the employer. The U.S. Citizenship and Immigration Services (CIS) supplies a form-Form I-9, Employment Eligibility Verification-that an employer must complete within three days of hiring an employee (and retain for three years). An employer has some defenses against alleged violations but is otherwise subject to penalties for illegally employing noncitizens. Lawful permanent residency can be proved by an I-551 Alien Registration Receipt, or "green card." Subject to certain strict requirements, an employer may apply for a "green card" for a noncitizen. Persons who immigrate to the United States to work include those with special skills, such as an individual who might qualify to fill the job with Healthy Harvest in this question. To hire such an individual who is not otherwise authorized to work here, an employer must petition the CIS. The employer can obtain a visa for a person to work in the United States in a highly qualified, specialty occupation as part of the H-1B visa program.

Question 4

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

Accepted Answer

A)  federal labor law. 
B)  federal elections law. 
C)  federal employment discrimination law. 
D)  no federal law. 
A)  federal labor law. 
B)  federal elections law. 
C)  federal employment discrimination law. 
D)  no federal law.

Question 5

To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

Accepted Answer

A) True 
 B)False

Question 6

Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of

Accepted Answer

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. 
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 7

Which of the following is not a common form of electronic surveillance of employees in the workplace?

Accepted Answer

A)  Reviewing employees' emails 
B)  Requiring employees to wear electronic location monitoring bracelets 
C)  Video-recording job performance 
D)  Listening to employees' telephone conversations 
A)  Reviewing employees' emails 
B)  Requiring employees to wear electronic location monitoring bracelets 
C)  Video-recording job performance 
D)  Listening to employees' telephone conversations

Question 8

An employer may not hire substitute workers to replace strikers.

Accepted Answer

A) True 
 B)False

Question 9

Only the federal government sets safety standards governing workplaces.

Accepted Answer

A) True 
 B)False

Question 10

Nimble Numbers Accounting Corporation, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly pro?hibits Nimble from subjecting its employees to

Accepted Answer

A)  job-skills tests. 
B)  monitoring of business communications. 
C)  drug tests. 
D)  lie-detector tests. 
A)  job-skills tests. 
B)  monitoring of business communications. 
C)  drug tests. 
D)  lie-detector tests.

Question 11

A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

Accepted Answer

A) True 
 B)False

Question 12

Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

Accepted Answer

A) True 
 B)False

Question 13

An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

Accepted Answer

A) True 
 B)False

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by

Accepted Answer

A)  unemployment statutes. 
B)  worker compensation statutes. 
C)  whistleblower statutes. 
D)  no statutes. 
A)  unemployment statutes. 
B)  worker compensation statutes. 
C)  whistleblower statutes. 
D)  no statutes.

Question 16

The privacy rights of private-sector employees are governed by state law, which varies widely.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Under the employment-at-will doctrine, an employer can end an em?ployment relationship at any time.

Accepted Answer

A) True 
 B)False

Question 19

Individual states may pass their own right-to-work laws.

Accepted Answer

A) True 
 B)False

Question 20

An employer may not hire an illegal immigrant under any circumstances.

Accepted Answer

A) True 
 B)False

Exam 29: Employment, Immigration, and Labor Law

Sunny Energy Company wants to genetically test its workers for potentially significant, future health problems. Sunny may

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for

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

To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of

Which of the following is not a common form of electronic surveillance of employees in the workplace?

An employer may not hire substitute workers to replace strikers.

Only the federal government sets safety standards governing workplaces.

Nimble Numbers Accounting Corporation, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly pro?hibits Nimble from subjecting its employees to

A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

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.

Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by

The privacy rights of private-sector employees are governed by state law, which varies widely.

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

Under the employment-at-will doctrine, an employer can end an em?ployment relationship at any time.

Individual states may pass their own right-to-work laws.

An employer may not hire an illegal immigrant under any circumstances.

The Legal Environment

Constitutional Law

Courts and Alternative Dispute Resolution

Torts and Cyber Torts

Intellectual Property and Internet Law

Criminal Law and Cyber Crime

Ethics and Business Decision Making

Nature and Classification

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Voluntary Consent

The Statute of Fraudswriting Requirement

Performance and Discharge

Breach and Remedies

Third Party Rights

The Formation of Sales and Lease Contracts

Title and Risk of Loss

Performance and Breach of Sales Lease Contracts

Warranties and Product Liability

Negotiable Instruments: Transferability Liability

Checks and Banking in the Digital Age

Security Interests in Personal Property

Other Creditors Remedies and Suretyship

Bankruptcy

Mortgages Foreclosures After the Recession

International Law in a Global Economy

Agency Relationships in Business

Employment Discrimination and Diversity

Sole Proprietorships and Private Franchises

All Forms of Partnership

Limited Liability Companies Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Corporate Acquisitions, Takeovers, and Termination

Investor Protection, Insider Trading, Corp Governance

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Consumer and Environmental Law

Liability of Accountants Other Professionals

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Real Property and Landlord-Tenant Law

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