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

Question 1

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

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

Answer 1

C

Question 2

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.

Answer 2

A

Question 3

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

Answer 3

A

Question 4

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 5

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 6

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 7

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 8

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.

Question 9

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 10

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 11

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 12

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 13

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 14

In Alexander v. Gardner-Denver Company case, the court found that the election of remedies was:

A) applicable.
B) applicable to an extent.
C) irrelevant.
D) inapplicable.

Question 15

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 16

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).

Question 17

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 18

In Gilmer v. Interstate/Johnson Lane Corporation case, Gilmer filed a charge with EEOC and brought suit in the District Court, alleging that he had been discharged in the violation of:

A) The Social Security Act (1935).
B) National Labor Relations Act (1935).
C) Civil Rights Act (1964).
D) Age Discrimination in Employment Act of (1967).

Question 19

In the Alexander v. Gardner-Denver Company case, the Supreme Court established a critical distinction between:

A) unemployment compensation and disability compensation.
B) social security benefits and workers' compensation.
C) individual and collective employee rights.
D) collective and separate employee rights.

Question 20

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 21

In Gilmer v. Interstate/Johnson Lane Corporation, Gilmer alleged that he had been discharged in violation of the:

A) Age Discrimination in Employment Act of 1967.
B) Employee Free Choice Act.
C) Worker Adjustment and Retraining (WARN) Acts.
D) Workers' compensation Act.

Question 22

In the West Coast Hotel Company v. Parrish case, the court found that:

A) the requirement of a fair minimum wage designed so the woman can meet the "very necessities of existence" is a means of protection.
B) It is not in the public interest to safeguard women's health and protect them from unscrupulous employers.
C) the protection of women is not a legitimate end of the exercise of state power.
D) all of the above.

Question 23

What does the Racketeer Influenced and Corrupt Organizations Act (RICO) state?

Question 24

Explain the consequences of the New Deal that was created subsequent to the Great Depression.

Question 25

President Roosevelt threatened to increase the number of Justices on the Supreme Court, if the Court did not change it's view of:

A) employment protection legislation.
B) employer protection legislation.
C) health-insurance reform.
D) family and medical leave legislation.

Question 26

Briefly describe the Taft-Hartley Act.

Question 27

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

Question 28

Which statute provides pensions to retired workers?

Question 29

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

Question 30

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

Question 31

Explain the phenomenon of globalization.

Question 32

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 the above.

Question 33

Which case decided if an arbitration clause can cut off employees' collective access to the rights and remedies of the National Labor Relations Act?

A) Gilmer v. Interstate/Johnson Lane Corporation.
B) In Re D.R. Horton, Inc.
C) West Coast Hotel Company v. Parrish.
D) Alexander v. Gardner-Denver Company.

Question 34

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 35

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 36

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

Question 37

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

Question 38

What are individual employee rights?

Question 39

Briefly describe the doctrine of employment-at-will.

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.