Deck 33: Employment Immigration and Labor Law

Question 1

An injury that occurs while an employee is commuting to or from work is usually not considered to have occurred on the job or in the course of employment and hence is not covered by workers' compensation law.

Answer 1

True

Question 2

During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee to avoid the potential negative effect of unpaid leave on interstate commerce.

Answer 2

False

Question 3

Employees who work ten hours a day, for four days a week, are entitled to overtime pay because they work more than eight hours a day.

Answer 3

False

Question 4

To receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer.

Question 5

An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.

Question 6

An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.

Question 7

Most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation.

Question 8

Federal wage-hour requirements apply to all employers engaged in interstate commerce, in producing goods for interstate commerce, and in certain other businesses.

Question 9

If a state law requires employers to give employees one day off per week, an employee who works that one day may be entitled to overtime pay under federal law.

Question 10

An employer can waive or reduce the federal overtime pay requirements if the waiver or reduction is applied to all otherwise eligible and ineligible employees.

Question 11

An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.

Question 12

To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.

Question 13

An eligible employee may take unpaid leave under the Family and Medical Leave Act for family or medical reasons, and in certain situations that arise from military service.

Question 14

In states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled only to the lower federal amount.

Question 15

Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.

Question 16

An express employment contract cannot protect an employee from discharge without good cause.

Question 17

Private employers are generally free to hire and fire workers at will.

Question 18

A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

Question 19

To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.

Question 20

Certain employers are required to keep occupational injury and health records for each employee, but due to privacy concerns, no employer is permitted to electronically post those records.

Question 21

Employers who provide health insurance to their employees must ensure that the employees' health information is not disclosed to unauthorized parties.

Question 22

A worker who has voluntarily left his or her job qualifies for unemployment compensation to partially make up for the worker's loss of income.

Question 23

The permissibility of a private employer's drug testing of employees may hinge on whether the testing is reasonable.

Question 24

Frank is an employee of Guitar Makers LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

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 a statute.

Question 25

If an employer does not pay unemployment taxes, the government can place a lien on the business's property to secure the debt.

Question 26

The National Labor Relations Act established the right of private-sector employees to form unions and to strike.

Question 27

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country.

Question 28

Notifying employees that their e-mails and phone calls may be monitored protects an employer who also monitors social media posts and text messages from liability for invasion of privacy.

Question 29

The Immigration Act limits the number of legal immigrants entering the United States.

Question 30

Health Clinic Inc. has no written employment manual or oral discharge policy, avoids abusive treatment of its staff, and acts to prevent illegal and unsafe activities. The clinic freely hires and fires its employees, who are similarly free to quit at any time. With respect to the employment-at-will doctrine, this is

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 a statute.

Question 31

An employer can eliminate a worker's medical, optical, or dental insurance coverage on the voluntary termination of the worker's employment.

Question 32

To be eligible for unemployment compensation, a worker must be willing and able to work.

Question 33

Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in

A)the employer's liability for breach of contract.
B)the employee's ineligibility for unemployment compensation.
C)a court's imposition of an express employment contract.
D)a claim under the Whistleblower Protection Act.

Question 34

Owen is an employee of Paving Inc., which is performing a contract for the federal government. Owen learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is

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 a statute.

Question 35

For a union election to be held, the organizers must show that a majority of the workers support the union.

Question 36

During collective bargaining sessions, both parties may engage in hard bargaining, but the process must be geared to reaching a compromise.

Question 37

An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.

Question 38

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment.

Question 39

When workers must be laid off, the company cannot consider union participation as a criterion for deciding whom to fire.

Question 40

Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement. With respect to the employment-at-will doctrine, this is

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 a statute.

Question 41

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform

A)no one.
B)its employees.
C)its clients and others who communicate with the employees.
D)the public generally.

Question 42

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

A)to care for a newly adopted child.
B)to care for a newly placed foster child.
C)to go on an extended family vacation.
D)if the employee is unable to perform the essential functions of his or her job due to a serious health condition.

Question 43

The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for

A)all of the choices.
B)retirement, disability, death, and hospitalization insurance.
C)injuries that arise in the course of employment, regardless of fault.
D)periods of unemployment, subject to eligibility requirements.

Question 44

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment

A)must continue it.
B)may suspend it.
C)may terminate it.
D)must add the baby to it.

Question 45

Tom is seventeen years old. Under the Fair Labor Standards Act, he cannot

A)work in any job.
B)work in a hazardous occupation.
C)work for her parents.
D)deliver newspapers.

Question 46

Games Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they

A)are fired for gross misconduct.
B)are laid off for budgetary reasons.
C)have their hours decreased from full-time to part-time.
D)quit their jobs voluntarily.

Question 47

Steel Mill Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel must do all of the following except

A)keep occupational injury and illness records for each employee.
B)report any work-related diseases.
C)report any work-related injuries.
D)pay employees higher wages for working in more dangerous areas.

Question 48

Denny works for Engineers P.A. While working on an Engineers project, Denny is injured. Under state workers' compensation laws, he will be compensated only if the injury was

A)incidental.
B)material.
C)accidental.
D)intentional.

Question 49

Finance Accountants, P.A., is a private employer. In most circumstances, federal law generally prohibits Finance from subjecting its employees to

A)electronic monitoring.
B)none of the choices.
C)drug tests.
D)lie-detector tests.

Question 50

Rico works for Street Tacos Inc. The basis for Rico's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for his loss of income on retirement is

A)an equitable share of his employer's unpaid contribution.
B)his annual wage base.
C)his special job skills.
D)the employer's adjusted gross profits.

Question 51

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

A)mechanics.
B)programmers.
C)outside salespersons.
D)professionals.

Question 52

Elin is thirteen years old. Under the Fair Labor Standards Act, she cannot

A)work in any job.
B)work in a hazardous occupation.
C)work for her parents.
D)deliver newspapers.

Question 53

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

A)restore him to his same position or a comparable position.
B)reimburse him for his expenses while on leave.
C)promote him to the status of a key employee.
D)do nothing.

Question 54

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants

A)if either the employer or the immigrants file special forms.
B)only if the employer files a special form.
C)only if the immigrants file special forms.
D)under no circumstances.

Question 55

Gobi is an employee of Haz-Mat, Inc. He refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Gobi may be

A)entitled to higher wages for working in a hazardous department.
B)reported to the Occupational Safety and Health Administration.
C)entitled to protection from discharge.
D)subject to discharge.

Question 56

Salsa Inc. employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of

A)up to twelve days.
B)up to twelve weeks.
C)up to twelve pay periods.
D)no limited duration.

Question 57

Federal overtime provisions apply only after a covered employee works more than

A)eight hours in a day.
B)forty hours in a week.
C)twenty days in a month.
D)one year for the same employer.

Question 58

Analytic Data Inc. wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

A)the noncitizen is of "ethnic similarity to the employer's workforce."
B)there is a shortage of qualified U.S. workers capable of doing the work.
C)hiring the worker will adversely affect the labor force.
D)the noncitizen is a "person with an extraordinary work ethic."

Question 59

Vehicle Assembly Inc. operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is legal for a U.S. employer to

A)hire persons not authorized to work in the United States.
B)recruit persons not authorized to work in the United States.
C)refer for a fee persons not authorized to work in the United States.
D)none of the choices.

Question 60

Retail Company is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is

A)the highest minimum wage.
B)the federal minimum wage.
C)the state minimum wage.
D)the city minimum wage.

Question 61

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Question 62

Baristas Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Coffee Café Company. For an election to be held, the union must represent

A)all of Coffee's employees.
B)employees whose skills, duties, and pay are similar.
C)no more than 30 percent of Coffee's employees.
D)Coffee's best interest.

Question 63

Technicians Union represents the workers of United Engineering Inc. The union and the employer bargain in good faith but are unable to reach an agreement because of genuine differences of opinion. The union may call a strike

A)if the parties are deadlocked.
B)if the negotiations are ongoing.
C)if the subjects of bargaining include working conditions and worker pay.
D)under no circumstances.

Question 64

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

Question 65

Ceramic Workers Union represents the workers of Delta Tile LLC. The union fails to hold elections for union officers. This most likely violates

A)the Labor Management Reporting and Disclosure Act.
B)the Fair Labor Standards Act.
C)the Labor-Management Relations Act.
D)no federal law.

Question 66

Good faith in collective bargaining between a union and an employer does not include

A)rejecting a proposal without offering a counterproposal.
B)being willing to compromise.
C)negotiating with the belief that an agreement is possible.
D)bargaining with the authority to enter into an agreement.

Question 67

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.

Question 68

After a union election campaign among the employees of Frozen Food Company, the Food Workers Union does not obtain a majority vote in the election. This most likely violates

A)federal labor law.
B)state right-to-work laws.
C)federal wage-and-hour laws.
D)no federal or state law.

Question 69

Floral Workers Union represents the employees of Garden Variety Inc. The company does not require its new hires to join the union as a prerequisite to obtaining employment. This most likely violates

A)the Labor-Management Relations Act.
B)the Fair Labor Standards Act.
C)the Norris-LaGuardia Act.
D)no federal law.

Question 70

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odell and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odell is injured in an accident that is entirely Phelps's fault. Odell files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

Question 71

Heber, Irma, and Jon apply to work for Kitchen Chicken Inc. in Louisiana. These individuals' eligibility to work must be verified by

A)Kitchen Chicken.
B)the applicants.
C)state officials.
D)federal authorities.

Question 72

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

A)the local office of the National Labor Relations Board.
B)the governments of interested foreign nations.
C)the government of the state in which the company is based.
D)the federal government.

Question 73

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

A)bargain collectively with their employer through their representative.
B)insist that their employer require union membership to work.
C)require their employer to contribute financially to their union.
D)none of the choices.

Question 74

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Question 75

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

Question 76

The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.

Question 77

Healthy Harvest Company runs a 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. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Question 78

To bring a Title VII claim as a class action, employees must prove a company-wide policy of discrimination that has a common effect on all of the plaintiffs.

Question 79

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

A)the National Labor Relations Act.
B)the Fair Labor Standards Act.
C)the Labor-Management Relations Act.
D)no federal law.

Question 80

When Title VII applies to an employer, any employee-including an undocumented worker-can bring an action for employment discrimination.