Deck 1: Overview of Employment Law

Question 1

If Pedro works for the City of Trenton, he is in:

A)the public sector
B)the private sector
C)a union workplace
D)a non-union workplace

Answer 1

A

Question 2

When determining which employment laws apply to a certain employer, which of the following factors does NOT apply? ​

A)the number of employees that work for the company
B)whether the employer sells goods or services to the state government where it is located
C)the state(s)in which the employer operates
D)whether the employer sells goods or services to the federal government ​

Answer 2

B

Question 3

Which of the following is true of the enforcement process for discrimination charges brought under Title VII?

A)the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish
B)charges must be brought within 60 days of the alleged discriminatory act
C)a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court
D)the plaintiff will have 60 days to file her lawsuit

Answer 3

C

Question 4

Sources of employment law include all of the following EXCEPT: ​

A)federal law
B)state law
C)ads for job openings
D)constitutions

Question 5

Regarding the interrelationship of federal and state employment laws:

A)state laws must be identical to federal law or the state law is void
B)states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
C)states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
D)employment law is exclusively a federal domain, so states may not enact laws when federal law already exists

Question 6

Under the "payroll method" approved by the U.S. Supreme Court:

A)employers whose payrolls exceed $500,000 annually are covered by Title VII
B)employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination
C)employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year
D)employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.

Question 7

Employment laws are passed only by state and federal governments, not by cities or counties.

Question 8

In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability. Fed Ex argued that the damages awarded by the jury were too high, and also offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:

A)for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA
B)for the defendant AutoZone, because plaintiff had not established that he suffered from a disability
C)for the plaintiff because the damages awarded were consistent with the damages awarded in other cases
D)for the plaintiff because he established that he suffered from a disability

Question 9

There are minimum standards for the terms and conditions of employment.

Question 10

Arbitration agreements which are offered on a take-it-or-leave-it basis are: ​

A)procedurally unconscionable
B)rhetorically unconscionable
C)substantively unconscionable
D)structurally unsound ​

Question 11

Regarding arbitration, which of the following statements is true?

A)historically, arbitration has been used to enforce employee rights under collective bargaining agreements of unionized employees
B)arbitrators' decisions are usually advisory and not considered final
C)arbitrators have less control over the outcomes of disputes than do mediators.
D)arbitration is always more costly and time-consuming than litigation

Question 12

In considering whether an employment termination was legal, the court considers:

A)whether the termination was fair
B)whether the termination was necessary
C)whether the termination was wise.
D)whether the termination was legally permissible

Question 13

There are more firms with 0-4 employees than any other size firms.

Question 14

Regarding employment law in the U.S., which of the following statements is true?

A)Most federal employment laws were passed in the first half of the 19^th century in response to growing industrialization
B)The earliest employment laws focused on wages and hours
C)Employees may be fired at any time for any reason not prohibited by law
D)Employees enjoy the right to stay on the job as long as they are doing a good job ​

Question 15

Which of the following is generally true regarding the process of enforcing employment laws?

A)courts and government agencies hear cases only after employees come forward with complaints about violations of the law
B)employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer
C)once a claim is brought, a company's attorneys deal with it, and managers have little involvement in the case
D)employment laws apply only to full time employees

Question 16

Under U.S. employment laws, employees have the right to:

A)not be fired, as long as they do a good job
B)be treated fairly in all aspects of the workplace, including receiving fair compensation
C)have paid vacation after 1 year of employment
D)expect their employers to comply with employment laws

Question 17

Dean got a job as a copy writer for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement and agree to submit any employment disputes to binding arbitration. Dean was also told that if he would not sign it as is, he would be fired. Dean:

A)will have to sign the agreement if he wants to keep his job
B)does not have to sign the agreement, and can still keep his job

Question 18

A "limitations" period is: ​

A)the time within which a plaintiff must file a claim or lawsuit
B)the time within which a plaintiff must reply to the employer's defense
C)an automatic reduction in the amount of damages
D)the time while an employee is probationary, and not a regular full time employee

Question 19

Punitive damages are not available in employment discrimination cases.

Question 20

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? ​

A)finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them
B)if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court
C)the EEOC encourages the parties to discrimination cases to use mediation
D)the EEOC encourages the parties to discrimination cases to use arbitration

Question 21

Describe what the role of a good human resources manager should be in managing employment law issues.  ​

Question 22

Your firm has just gotten a contract with the U.S. government to build security gates for the fence along the U.S.-Mexican border.  In addition to the employment laws which already apply to your business, the following will now also apply:

A)Title IX
B)the Federal Security Fence Funding Act of 2018
C)EO # 11246

Question 23

Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?

A)a provision that the employee pay 10% of the costs of the arbitrator's services
B)a provision that gives the employer the right to choose any arbitrator
C)a provision that sets a one year time limit to bring a claim
D)a provision that requires the employee to prove his case

Question 24

As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you.  At a minimum, legally, which of the following actions are required to make the policy enforceable?

A)send email notice to all employees that a mandatory arbitration policy has been adopted
B)post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy
C)provide employees with a copy of the agreement, and ask them to sign it
D)provide pay for the time required to attend arbitration proceedings

Question 25

The contract referred to in the preceding question is:

A)procedurally unconscionable
B)substantively unconscionable

Question 26

Employment law arises from a variety of sources.  Name and briefly discuss each of them. ​