Deck 1: First the Forest, Then the Trees: an Overview of Employment and Labor Law

Question 1

The first of several statutes to set the terms and conditions of employment to be provided by government contractors is known as the:

A)Merchant Marine (Jones)Act (1936).
B)Fair Labor Standards Act (1938).
C)Walsh-Healy Act (1936).
D)Social Security Act (1935).

Answer 1

C

Question 2

John L. Lewis, president of the United Mine Workers, abided by the "gentlemen's agreement" during World War II.

Answer 2

False

Question 3

There should be set rules if there is a give and take policy between a labor union and corporate managers. The Act which provides these rules is the:

A)Social Security Act.
B)National Labor Relations Act.
C)Walsh-Healey Act.
D)Fair Labor Standards Act.

Answer 3

B

Question 4

Globalization has been a strong destructive force on organized labor.

Question 5

Which Act provides remedies for injured sailors?

A)Marine Labor Standards Act (1938)
B)Merchant Marine (Jones)Act (1936)
C)Navy Labor Relations Act (1935)
D)Social Security Act (1935)

Question 6

The Black Death, a plague that first decimated Europe s population in the mid-14^th century, actually benefited those workers who survived .

Question 7

Common law includes statutes and ordinances enacted by legislative bodies.

Question 8

Federal legislation such as the Federal Employers Liability Act (1908)and the Railway Labor Act (1926)allowed for alternative methods for dispute resolution, first in the railroad, and later in the airline industry.

Question 9

O ccasionally, statutory protections and terms of collective bargaining agreements conflict .

Question 10

After the decision in Gilmer v. Interstate/Johnson Lane Corporation , U.S. trial and appellate courts extended the verdict's reach to virtually all types of employment discrimination cases. Simultaneously, federal agencies also embraced alternative dispute resolution (ADR).

Question 11

The act which sets the ground rules for the give and take between labor unions and corporate managers is the:

A)Social Security Act (1935).
B)Walsh-Healy Act (1936).
C)Fair Labor Standards Act (1938).
D)National Labor Relations Act (1935).

Question 12

The main issue in Epic Systems Corp. v. Lewis was whether or not employment contracts can legally bar employees from collective arbitration under the NLRA.

Question 13

The new laws and common-law legal theories have often supplanted labor unions as the main source of legal protection for American workers.

Question 14

A situation wherein either the employer or the worker could terminate their relationship at any time for any reason is known as:

A)common law.
B)employment-at-will.
C)willful misconduct.
D)employer's liability act.

Question 15

The Taft-Hartley Act was a federal statute, which enacted unfair labor practices for which unions might be charged or punished.

Question 16

The Fair Labor Standards Act (1938):

A)establishes the rules of give and take between labor unions and corporate managers.
B)sets employment conditions for government contractors.
C)sets minimum wages, mandates overtime pay, and regulates child labor.
D)allows the termination of employment relationship at any time and for any reason.

Question 17

Early court cases concluded that labor organizations were criminal conspiracies.

Question 18

In Gilmer v. Interstate/Johnson Lane Corporation, the Supreme Court held that an ADEA claim could be subjected to compulsory arbitration.

Question 19

The Industrial Revolution in 19^th century England and America witnessed the rise of the employment-at-will doctrine in the common law.

Question 20

National statutes do not require private employers to provide their employees with either health insurance or a pension plan.

Question 21

A litigant's choice of solutions for a perceived wrong can be employed as a(n):

A)choice of cause.
B)writ of certiorari.
C)election of remedies.
D)arbitration.

Question 22

Butler was an employee at Auto, an automobile assembling plant. The plant hired a large number of male and female employees but provided deplorable working conditions including unhygienic restrooms and poor ventilation. Despite several complaints and requests, the plant manager did not make any changes. Butler decided to bring this to the attention of the local government authorities through an official complaint. In the above scenario, Butler's role can be described as:

A)willful misconduct.
B)insubordination.
C)whistleblowing.
D)contributory negligence.

Question 23

Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the:

A)Equal Employment Opportunity Commission (EEOC).
B)American Federation of Labor/Congress of Industrial Organizations (AFL-CIO).
C)National Labor Relations Board.
D)Election of remedies.

Question 24

In Janus v. AFSCME , the Supreme Court ruled that the state's extraction of agency fees from public-sector employees:

A)violates the First Amendment.
B)does not violate the First Amendment.
C)violates the Fair Labor Standards Act (FLSA).
D)does not violate the Fair Labor Standards Act (FLSA).

Question 25

A plaintiff has a choice between money damages and a court order of restitution for a perceived wrong. Which is the best remedy the plaintiff can use?

A)Plaintiff may exercise an election of remedies.
B)Plaintiff may appeal for a writ of certiorari.
C)Plaintiff may take the matter to arbitration.
D)Plaintiff may seek remedy for whistleblowers.

Question 26

The integration of national economies into a worldwide economy, due to trade, investment, and migration and information technology is known as:

A)globalization.
B)perennial revolution.
C)amalgamation.
D)assimilation.

Question 27

An employee who informs the wrong doing of an employer to a government agency is called:

A)espionage.
B)conductor.
C)whistleblower.
D)opportunist.

Question 28

Janus v. AFSCME originated as a public employee's challenge to:

A)employment contracts that bar collective arbitration.
B)  employers charging more for health insurance under the Patient Protection and Affordable Care Act.
C)  the practice of unions in the public sector charging "agency fees."
D)  None of these answers.

Question 29

Employment discrimination based on race, sex, religion, and such other groups is considered to be illegal under:

A)Fair Labor Standards Act.
B)Title VII of the Civil Rights Act.
C)National Labor Relations Act.
D)Social Security Act.

Question 30

The Act which is aimed at letting employees know when a plant closing or mass layoff is in the offing is the:

A)Employee Retirement Income Security Act (ERISA).
B)Family and Medical Leave Act (FMLA).
C)Worker Adjustment and Retraining (WARN)Acts.
D)Federal Occupational Safety and Health Act (OSHA).

Question 31

To solve the problems of high cost and limited coverage of the US health insurance system, the Obama Administration and Congress have concentrated on:

A)Civil Rights Act.
B)Employee Free Choice Act.
C)Health Insurance Reform.
D)The federal Occupational Safety and Health Act (OSHA).

Question 32

Elvera, an employee working in a bistro, resigned her job since her supervisor overtly suggested sexual favors in exchange for better pay, and threatened to fire her if she did not comply. She filed a charge with Equal Employment Opportunity Commission (EEOC)against her supervisor and the organization for sexual harassment. Under what law can she file a suit?

A)Title VII of the Civil Rights Act
B)The Social Security Act
C)The Fair Labor Act
D)Employee Free Choice Act

Question 33

In the Applebee's and Samuel Y. Rodriguez case, Rodriguez alleged in his complaint that Applebee's enforced a mandatory arbitration agreement that unlawfully restricts employees' statutory right to pursue class or collective actions in violation of:

A)The Social Security Act.
B)Section 8(a) (1)of the NLRA.
C)The Civil Rights Act .
D)The Employee Retirement Income Security Act.

Question 34

David hired John as an assistant in his art studio. After two months David discharged John from his position due to John's bad quality of work. Under which doctrine can we say David discharged John?

A)Title VII
B)Employment-at-will
C)The Social Security Act
D)Willful misconduct

Question 35

If Harry is acting as a neutral adjudicator in a settlement between James and Paul, then the settlement can be considered a(n):

A)whistleblowing practice.
B)arbitration.
C)election of remedies.
D)writ of certiorari.

Question 36

If Peter is engaged in illegal activities as part of an organized criminal outfit, the law designed to criminally penalize Peter is the:

A)Employee Retirement Income Security Act (ERISA).
B)Worker Adjustment and Retraining (WARN)Act.
C)Federal Occupational Safety and Health Act (OSHA).
D)Racketeer Influenced and Corrupt Organizations Act (RICO).

Question 37

Epic Systems Corp. v. Lewis consolidated three cases involving:

A)The Federal Arbitration Act (FAA).
B)The Fair Labor Standards Act (FLSA).
C)The National Labor Relations Act (NLRA).
D)All of these answers.

Question 38

Employees who report or attempt to report employer wrongdoing or actions threatening public health or safety to government authorities are called:

A)witnesses.
B)whistleblowers.
C)good Samaritans.
D)None of these answers.

Question 39

Epic Systems Corp. v. Lewis is a good example of:

A)the pro-employer impact Republicans have had on the Supreme Court,
B)the pro-employee impact Republicans have had on the Supreme Court,
C)the pro-employer impact Democrats have had on the Supreme Court,
D)None of these answers.

Question 40

New Deal Legislation passed at the urging of:

A)the Supreme Court of the United States.
B)Franklin D. Roosevelt.
C)Herbert Hoover.
D)Harry S. Truman.

Question 41

After the November 2010 elections, the switch from liberal Democrats to conservative Republicans in power saw several states move toward ending:

A)collective bargaining by public employees.
B)the Employee Free Choice Act.
C)the Worker Adjustment and Retraining (WARN)Acts.
D)the Workers' compensation Act.

Question 42

Which of the following issues or trends contributed to the gradual decline of organized labor?

A)Union abuse of power
B)Political scrutiny of illegal and unethical activity
C)Globalization
D)All of these answers.

Question 43

Which statute provides pensions to retired workers?

Question 44

What led to decline and the resurrection of the arbitration remedy?

Question 45

The Merchant Marine (Jones)Act (1936):

A)provides remedies for injured sailors.
B)provides modest pensions to retired workers.
C)sets the terms and conditions of employment to be provided by government contractors.
D)sets minimum wages, mandates overtime pay, and regulates child labor.

Question 46

The Social Security Act (1935):

A)sets the ground rules for the give and take between labor unions and corporate managers.
B)provides modest pensions to retired workers.
C)sets the terms and conditions of employment to be provided by government contractors.
D)provides remedies for injured sailors.

Question 47

Explain the phenomenon of globalization.

Question 48

What are the reasons for the decline of the Post-War Organized Labor?

Question 49

The National Labor Relations Act (1935):

A)sets the ground rules for the give and take between labor unions and corporate managers.
B)provides modest pensions to retired workers.
C)sets the terms and conditions of employment to be provided by government contractors.
D)sets minimum wages, mandates overtime pay, and regulates child labor.

Question 50

The Walsh-Healy Act (1936):

A)sets the ground rules for the give and take between labor unions and corporate managers.
B)provides modest pensions to retired workers.
C)sets the terms and conditions of employment to be provided by government contractors.
D)sets minimum wages, mandates overtime pay, and regulates child labor.

Question 51

In West Coast Hotel Company v. Parrish, the Washington Supreme Court reasoned:

A)it is in the public interest to safeguard women's health and protect them from unscrupulous employers.
B)the protection of women is a legitimate end of the exercise of state power.
C)the requirement of a fair minimum wage designed so the woman can meet the "very necessities of existence" is a means of protection.
D)All of these answers.

Question 52

Explain how sitting presidents have affected the evolution of the arbitration remedy in the courts.

Question 53

Briefly describe the doctrine of employment-at-will.

Question 54

Which case held that unions cannot contract away the individual employee's statutory rights ?

A)West Coast Hotel Company v. Parrish
B)Epic Systems Corp. v. Lewis
C)Gilmer v. Interstate/Johnson Lane Corporation
D)Alexander v. Gardner-Denver Company

Question 55

What rights does an employee have under Title VII of the Civil Rights Act if he or she faces illegal discrimination at work?

Question 56

Who violated the "gentlemen's agreement" with the Roosevelt Administration during WWII?

Question 57

The Fair Labor Standards Act (1938):

A)sets the ground rules for the give and take between labor unions and corporate managers.
B)provides modest pensions to retired workers.
C)sets the terms and conditions of employment to be provided by government contractors.
D)sets minimum wages, mandates overtime pay, and regulates child labor.

Question 58

What are individual employee rights?

Question 59

What impact did the ruling in West Coast Hotel Company v. Parrish have on employers, employees, and labor unions?

Question 60

Briefly describe the Taft-Hartley Act.

Question 61

What are the major statutory aspects of Employee Health, Safety, and Welfare?