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

Question 1

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

Answer 1

True

Question 2

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 2

C

Question 3

Occasionally, statutory protections and terms of collective bargaining agreements conflict.

Answer 3

True

Question 4

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

Question 5

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 6

Common law includes statutes and ordinances enacted by legislative bodies.

Question 7

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 8

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 9

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

Question 10

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 11

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 12

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

Question 13

In the case of Gilmer v.Interstate/Johnson Lane Corporation, NYSE Rule 347 provided for arbitration in matters that only dealt with the termination of employment.

Question 14

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

Question 15

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 16

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

Question 17

Following WWII, Big Business, Big Labor, and Big Government did not team up to help prevent the economic decline.

Question 18

The Employee Retirement Income Security Act (ERISA) is intended to protect only disabled workers who are still too young to retire.

Question 19

The Patient Protection and Affordable Care Act, commonly called Obamacare after the president during whose term it was enacted, dramatically revised the American healthcare system.

Question 20

Early court cases concluded that labor organizations were criminal conspiracies.

Question 21

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 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 these answers.

Question 23

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 24

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 25

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 26

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 27

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 28

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 29

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 30

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 31

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 32

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 the:

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

Question 33

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 34

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 35

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 36

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 37

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 38

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

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

Question 39

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 40

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 41

What are individual employee rights?

Question 42

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 43

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

Question 44

Explain the phenomenon of globalization.

Question 45

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 46

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 47

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 48

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

Question 49

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

Question 50

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

Question 51

Which statute provides pensions to retired workers?

Question 52

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 53

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 54

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..Horton, Inc.
C) ​West Coast Hotel Company v.Parrish
D) ​Alexander v.Gardner-Denver Company

Question 55

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

Question 56

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 57

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 58

Briefly describe the Taft-Hartley Act.

Question 59

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 60

Briefly describe the doctrine of employment-at-will.

Question 61

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