Deck 18: Employment and Labor Law

Question 1

Under the Fair Labor Standards Act, which of the following scenarios is legal?

A)12-year-old Molly works several hours per day on her family's farm picking vegetables
B)14-year-old Luis works full time bagging groceries at a supermarket
C)13-year-old Dianna works five hours per week stocking shelves at a drugstore
D)17-year-old Cole has taken a part-time job as a coal miner working alongside his dad

Answer 1

A

Question 2

Maxine lost her job as an electrical engineer with a large company which had provided health insurance benefits for Maxine and her family. She now

A)must try to find insurance on her own or try to find another job with health insurance benefits.
B)is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as she pays the cost.
C)is protected under COBRA, which requires her employer to continue her health insurance coverage for six months under whatever copayment arrangements she had while she was employed.
D)has some protection under the NLRA, which requires her employer to pay for continued health insurance for three months following her termination if she did not leave the company voluntarily.

Answer 2

B

Question 3

Which is the best definition of "employment at will"?

A)In the absence of a specific legal exception, an employee can be fired for any reason.
B)Once hired, employees are free to choose whatever job they want to have.
C)An employee can leave a company at any time and for any reason.
D)Employees have a legal right to organize and join labor unions.

Answer 3

A

Question 4

Under the federal legislation known as OSHA,

A)employers must keep records of all workplace injuries.
B)employers must keep records of positive results of workplace drug tests.
C)employers must keep a record of recognized hazards used in the workplace.
D)employers may monitor workers' email messages if the monitoring is done in the ordinary course of business and the employer provides the email system.

Question 5

Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he stated she was not a very good worker and had been fired for excessive absences. He said he had reason to believe Jessica was on drugs, but he wasn't absolutely certain. Jessica learned what Mark was saying and sued him. In most states

A)under the qualified privilege rule, it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.
B)it was legal for Mark to say what he said, since courts have consistently ruled that former employers are immune from lawsuits for giving references.
C)it was not proper for Mark to say what he said, since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization.
D)though it was proper for Mark to talk about Jessica's work-related history, he should have refrained from talking about her potential drug use.

Question 6

The National Labor Relations Act guarantees employees the right to join unions.

Question 7

In the absence of a specific law to the contrary, employers have the right to fire workers for off-duty conduct.

Question 8

Orson was fired from his job behind the ticket counter at the airport. He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his coworkers and customers. His supervisor told him not to return. Orson's employer faces potential liability for:

A)intentional infliction of emotional distress.
B)whistleblowing.
C)defamation.
D)violation of the FLSA.

Question 9

Which of the following workers is entitled to unpaid leave under the Family and Medical Leave Act?

A)Stanley, who works part time for a small coffee shop with 10 employees.
B)Marianne, who has worked full time for five years with Microsoft.
C)Dakota, who works part time for Delta Air Lines.
D)All of these are correct.

Question 10

When may an employer require an employee to submit to a lie detector test?

A)when the employee has been hired for less than 90 days
B)when the test is part of an ongoing investigation into crimes that have occurred
C)when the employer has reason to believe the employee is using illegal drugs on the job
D)when all employees are being questioned using a lie detector

Question 11

As a general rule, employers have a legal obligation to disclose information about former employees to potential future employers.

Question 12

Some courts have held that employee handbooks create binding contract terms.

Question 13

When Johnnie turned 14, he got a job working in the local hardware store cleaning up after school for a couple hours. According to the  Fair Labor Standards Act, this represents "oppressive child labor" and is not legal.

Question 14

Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.

Question 15

Under the Family and Medical Leave Act, an employee can take up to 12 weeks of paid leave each year for certain personal and family illness situations.

Question 16

Prior to the Industrial Revolution, the primary English law of employment was that, in the absence of a contract, a worker was hired for a year at a time.

Question 17

Dewey brings his gun to work every day and stows it in his locker in the company locker room. Under the Bring Your Gun to Work Laws, his company cannot ban him from this practice.

Question 18

During the hiring interview, Supervisor Staci told Henry that as long as he did his job as requested, he would have a job until he retired. Courts have been willing to enforce such an oral promise, even if the company's top management did not approve the statement.

Question 19

Which of the following laws provides support to unemployed workers?

A)FUTA
B)OSHA
C)FLSA
D)NLRA

Question 20

Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right?

A)Yes. An at-will employee does not have a legal right to claim wrongful discharge of employment.
B)Yes. As an employee, Megan owes a duty of loyalty to her employer. If the company was found to have acted illegally by falsifying the reports, it (not Megan)would be liable.
C)No. Even though Megan was an at-will employee, such employees may not be fired without just cause.
D)No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

Question 21

Which of the following can receive benefits from the Social Security system?

A)workers earning less than minimum wage
B)children of disabled or deceased workers
C)temporarily unemployed workers
D)All of these are correct.

Question 22

What is a whistleblower?

A)an employee who thwarts an attempt by fellow employees to form a union
B)an employee who crosses the picket line to return to work
C)an employee who discloses illegal behavior on the part of his or her employer
D)an employee who secretly gives information to his or her employer about union activity

Question 23

In some states, an employer can discipline or fire employees for

A)smoking cigarettes, even in the privacy of their own home.
B)posting an unflattering comment about the employer on social media.
C)dating coworkers, even if the relationship is consensual.
D)All of these are correct.

Question 24

What is wrongful discharge  and under what circumstances does the law prohibit the discharge of a worker?

Question 25

Discuss the requirements of the Family and Medical Leave Act.