Deck 27: Employment, immigration, and Labor Law

Question 1

The Occupational Safety and Health Act requires that businesses be maintained free from recognized hazards.

Answer 1

True

Question 2

Any employee who works more than ten hours per day must be paid overtime.

Answer 2

False

Question 3

Whenever a work-related injury or disease occurs,employers must make reports directly to the Occupational Safety and Health Administration.

Answer 3

True

Question 4

Federal law enables employees to continue health-care coverage after their jobs have been terminated and they are no longer eligible for group health-insurance plans.

Question 5

Retirement plans set up by employers to supplement Social Security benefits are covered by the Employment Retirement Income Security Act.

Question 6

Some courts have held that an implied employment contract exists between the employer and the employee.

Question 7

Like Social Security,Medicare is funded by contributions from employers only.

Question 8

Under the employment-at-will doctrine,either party may terminate the employment relationship at any time and for any reason. 

Question 9

Whistleblowing occurs when an employer signals the end of a workday by sounding a buzzer,ringing a bell,or otherwise "blowing the whistle" 

Question 10

Employers that have fifty or more employees must provide certain employees with up to twelve weeks of paid family or medical leave during any twelve-month period. 

Question 11

Children aged fourteen and fifteen are allowed to work,including in hazardous occupations.

Question 12

To recover workers' compensation,an employee must prove that an injury did not occur on the job or in the course of employment.

Question 13

An employer can exclude persons from employer-provided health-insurance coverage for "preexisting conditions." 

Question 14

During an employee's leave under the Family and Medical Leave Act,an employer must guarantee employment when the employee returns to work.

Question 15

An eligible employee may take leave under the Family and Medical Leave Act to care for the employee's spouse,child,or parent who has a serious health condition.

Question 16

The most widespread common exception to the employment-at-will doctrine is made on the basis that the employer's reason for firing the employee violates fundamental common sense.

Question 17

Generally,under employment-at-will doctrine,an employer may fire an employee even if doing so would violate a federal or state statute. 

Question 18

An employee who disclose information relating to fraud perpetrated by his or her employer against the U.S.government can receive some of the proceeds if the government sues the wrongdoer.

Question 19

Only employers contribute under federal law to help pay for benefits that will partially make up for their employees' loss of income on retirement.

Question 20

Workers who have been fired for misconduct or who have voluntarily left their jobs are not eligible for unemployment compensation.

Question 21

On Form I-9,an employer must declare that an employee produced documents establishing his or her identity and legal employability.

Question 22

Vidal is an employee of Wild Thing Ranch.Vidal learns that Wild Thing is illegally importing endangered animals to sell as pets.He reports his employer's illegal activities but is laid off shortly thereafter and successfully sues Wild Thing for retaliatory discharge.With respect to the employment-at-will doctrine,this is 

A) ​an example of the doctrine. 
B) ​an exception based on contract theory. 
C) ​an exception based on public policy. 
D) ​an exception based on tort theory.

Question 23

Employees who are exempt from the federal overtime provisions can be given overtime pay if their employers wish.

Question 24

Right-to-work laws make it illegal for employers to refuse to hire applicants who are willing and able to work. 

Question 25

An employer who violates the law by hiring an unauthorized worker faces serious penalties.

Question 26

Chaz works for Bridge Builders,Inc.While working on a Bridge Builders project,Chaz is injured.Under state workers' compensation laws,Chaz will be compensated only if his injury was 

A) ​not Chaz's fault. 
B) ​not Bridge Builders's fault. 
C) ​accidental. 
D) ​intentional.

Question 27

To gain authorization for hiring a foreign worker,an employer must show that there is a shortage of U.S.workers capable of performing the required work.

Question 28

Employers are permitted to hire replacement workers to substitute for striking workers.

Question 29

For a union election to be held,at least 30 percent of the workers to be represented must support a union or an election on unionization.

Question 30

Children under fourteen years of age are not allowed to work.

Question 31

During collective bargaining,the employer and the union are obligated to reach an agreement.

Question 32

In states that require a minimum wage that is higher than the federal wage,employers must pay the higher wage.

Question 33

Employees who are exempt from the federal overtime provisions include manual laborers and other blue-collar workers.

Question 34

Employers and unions have a duty to bargain in good faith.

Question 35

Aisha is an employee at Bento Food Mart.Aisha is called for jury duty and as a result cannot work her scheduled shift.Bento fires Aisha.With respect to the employment-at-will doctrine,this is 

A) ​an example of the doctrine. 
B) ​an exception based on contract theory. 
C) ​an exception based on public policy. 
D) ​an exception based on tort theory.

Question 36

FasTite Tool Company employs workers,including Gina,at six locations in two states.FasTite's discharge of Gina outside the terms of an implied employment contract may result in 

A) ​FasTite's liability for breach of contract. 
B) ​Gina's ineligibility for unemployment compensation. 
C) ​the two states' joint assumption of control over FasTite's operations. 
D) ​none of the choices.

Question 37

A proposed union must represent an appropriate bargaining unit of an employer's employees or it will not be certified as a bargaining representative. 

Question 38

If a union loses the majority support of those it represents,an employer is not obligated to continue recognition of the union.

Question 39

When workers must be laid off,an employer can consider union participation as a criterion for deciding whom to fire.

Question 40

Febo is an employee of Guitar & Drum Company.Guitar & Drum's employee manual states that workers,such as Febo,will be dismissed only for good cause.With respect to the employment-at-will doctrine,this is 

A) ​an example of the doctrine. 
B) ​an exception based on contract theory. 
C) ​an exception based on public policy. 
D) ​an exception based on tort theory.

Question 41

Flannery is thirteen years old.Under the Fair Labor Standards Act,she cannot work 

A) ​in the entertainment industry. 
B) ​in a hazardous occupation. 
C) ​for her parents. 
D) ​in the agriculture industry.

Question 42

Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby.On Livia's return from the leave,Meatpackers must 

A) ​restore Livia to her same position or a comparable position. 
B) ​reimburse Livia for her expenses while on leave. 
C) ​promote Livia to the status of a key employee. 
D) ​do nothing.

Question 43

Geno's Italiano Ristorantes,Inc.,employs three hundred workers at four locations in two states.Under federal law,Geno's must provide each employee,during any twelve-month period,family or medical leave of 

A) ​up to twelve days. 
B) ​up to twelve weeks. 
C) ​up to twelve pay periods. 
D) ​no limited duration.

Question 44

Curtis is an employee of Deepwater Drilling,Inc.,covered by federal overtime provisions,which apply only after an employee has worked more than 

A) ​eight hours in a day. 
B) ​forty hours in a week. 
C) ​160 hours in a month. 
D) ​one year for the same employer.

Question 45

Restocking Warehouse Corporation keeps a file of I-9 verifications forms,which are required by the Immigration Reform and Control Act.To monitor compliance with the act,random audits and enforcement actions are conducted by 

A) ​the local office of the National Labor Relations Board. 
B) ​the governments of interested foreign nations. 
C) ​the government of the state in which Restocking is based. 
D) ​the federal government.

Question 46

Ripe Orchards,Inc.,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in three states.Under federal immigration law,Ripe Orchards can hire illegal immigrants 

A) ​if either the employer or the immigrants file special forms. 
B) ​only if the employer files a special form. 
C) ​only if the immigrants file special forms. 
D) ​under no circumstances.

Question 47

The Family and Medical Leave Act requires employers to provide eligible employees with family or medical leave for any of the following reasons except 

A) ​to care for a newly adopted child. 
B) ​to care for a newly placed foster child. 
C) ​to go on an extended family vacation. 
D) ​if the employee is unable to perform the essential functions of his or her job due to a serious health condition.

Question 48

Devon takes temporary family leave from her job at Equipment Rentals & Sales Company to care for a newborn baby.With respect to Devon's health-care coverage,during the leave,under the Family and Medical Leave Act,Equipment Rentals & Sales must 

A) ​continue it. 
B) ​suspend it. 
C) ​terminate it. 
D) ​add the baby to it.

Question 49

Steel Production Industries,Inc.,employs five hundred workers.For the Occupational Safety and Health Administration,Steel Production must do all of the following except 

A) ​keep occupational injury and illness records for each employee. 
B) ​report any work-related diseases. 
C) ​report any work-related injuries. 
D) ​pay employees higher wages for working in more dangerous areas.

Question 50

Seiko works for TallTales Publishing,Inc.The basis for Seiko's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is her 

A) ​seniority at TallTales. 
B) ​annual wage base. 
C) ​special job skills. 
D) ​county of residence.

Question 51

Workhorse Air Crane Corporation employs blue-collar workers,computer employees,outside salespersons,and professionals,including pilots.Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except 

A) ​blue-collar workers. 
B) ​computer employees. 
C) ​outside salespersons. 
D) ​professionals.

Question 52

Blayne is an employee of Chemical Refinery,Inc.Blayne is threatened with a discharge when he refuses a transfer to a Chemical Refinery department in which several employees suffered serious injuries from exposure to hazardous chemicals.Blayne may be entitled to protection from discharge under 

A) ​no law. 
B) ​the Family and Medical Leave Act. 
C) ​the Occupational Safety and Health Act. 
D) ​the state workers' compensation act.

Question 53

Ester is a current employee of Fiber Optics,Inc.Gage,a former Fiber Optics employee,is currently unemployed.To collect unemployment compensation,Gage must 

A) ​be willing and able to work. 
B) ​have been fired for misconduct. 
C) ​have voluntarily left his job. 
D) ​not be actively seeking employment.

Question 54

Motor Vehicle Assembly Corporation operates a plant near the border between the United States and Mexico.Due to the location,it would be easier for the company to employ noncitizens.In this circumstance,it is legal for a U.S.employer to 

A) ​hire persons not authorized to work in the United States. 
B) ​recruit persons not authorized to work in the United States. 
C) ​refer for a fee persons not authorized to work in the United States. 
D) ​none of the choices.

Question 55

Hu,Ivan,and Juana apply to work for King Produce Company in Languor City.These individuals' eligibility to work must be verified by 

A) ​King Produce. 
B) ​Hu, Ivan, and Juana. 
C) ​Languor City officials. 
D) ​U.S. Citizenship and Immigration Services.

Question 56

Hunter is seventeen years old.Under the Fair Labor Standards Act,Hunter cannot work 

A) ​in the entertainment industry. 
B) ​in a hazardous occupation. 
C) ​for her parents. 
D) ​in the agriculture industry.

Question 57

Leon,Mia,Nestor,and Orina are employees of different-sized employers in different industries.Under the Fair Labor Standards Act,all employees in covered industries must be paid per hour 

A) ​a minimum wage. 
B) ​a maximum wage. 
C) ​overtime pay. 
D) ​the same amount.

Question 58

GameCraft,Inc.,employs four hundred workers at three locations in three states.Workers who lose their jobs with GameCraft have a right to continued health-care coverage under the company's group plan unless they 

A) ​are fired for gross misconduct. 
B) ​are laid off for budgetary reasons. 
C) ​have their hours decreased from full-time to part-time. 
D) ​quit their jobs voluntarily.

Question 59

Digital Enterprises,Inc.,a data analysis firm,wants to hire Ernesto,a noncitizen.A work visa is most likely to be set aside for a noncitizen if 

A) ​the noncitizen is of "ethnic similarity to the employer's workforce." 
B) ​there is a shortage of qualified U.S. workers capable of doing the work. 
C) ​bringing the worker into this country will adversely affect the labor force. 
D) ​the noncitizen is a "person with an extraordinary work ethic."

Question 60

Mei-Ling,Norberto,and Oki apply to work for Poultry Processing,Inc.Poultry Processing must verify the identity of 

A) ​each new hire. 
B) ​only those hired as contractors. 
C) ​only those hired as day workers. 
D) ​none of the choices.

Question 61

Chevelle,a server for a Dinner Buffet,Inc.,restaurant goes out on strike with the other employees.Dinner Buffet hires replacements for Chevelle and the other striking workers.The replacement workers can be considered permanent only if the strike was 

A) ​an economic strike. 
B) ​a sit-down strike. 
C) ​a wildcat strike. 
D) ​an unfair labor practice strike.

Question 62

Trangis an employee of U.S.Natural Gas Company.Under federal law,Trang and other employees have the right to 

A) ​bargain collectively with their employer through their representative. 
B) ​insist that their employer require union membership to work. 
C) ​require their employer to contribute financially to their union. 
D) ​refuse to bargain with their employer through their representative.

Question 63

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative.Beverage refuses to bargain with the union.This violates 

A) ​the National Labor Relations Act. 
B) ​the Fair Labor Standards Act. 
C) ​the Social Security Act. 
D) ​no federal law.

Question 64

Food Packagers Union represents the workers of Garden Variety,Inc.The company does not require its new hires to join the union as a prerequisite to obtaining employment.Food Packagers would like Garden Variety to require the workers to join after a specified amount of time on the job.This would violate 

A) ​federal labor law. 
B) ​federal immigration law. 
C) ​federal wage and hour laws. 
D) ​no federal law.

Question 65

Cloud Computing & Processing Corporation wants to hire Dhani,a noncitizen with special qualifications.To hire Dhani,Cloud Computing must petition 

A) ​the U.S. Department of Labor. 
B) ​the Social Security Administration. 
C) ​U.S. Immigration and Customs Enforcement. 
D) ​the National Labor Relations Board.

Question 66

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business.Odele and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment.At a distant site,Odele is injured in an accident that is entirely Phelps's fault.Odele files a claim for workers' compensation.Should the claim be granted? What would be Northwest Energy's best defense against it?​

Question 67

Service Employees International Union represents the employees of Business & Commerce Credit Corporation.Potential subjects of collective bargaining between the union and the corporation do not include 

A) ​hiring more workers than are needed to do a certain project. 
B) ​employee discounts. 
C) ​healthcare plans. 
D) ​apprentice programs.

Question 68

Food Handlers Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Roasters Coffee Company.For an election to be held,the union must represent 

A) ​all of Roasters's employees. 
B) ​employees whose skills, duties, and pay are similar. 
C) ​no more than 30 percent of Roasters's employees. 
D) ​Roasters's best interest.

Question 69

After a union election campaign among the employees of Frozen Foods Packaging & Sales Company,the Food Packagers International Union does not obtain a majority vote in the election.This violates 

A) ​federal labor law. 
B) ​state right-to-work laws. 
C) ​federal wage-and-hour laws. 
D) ​no federal or state law.

Question 70

Healthy Harvest Company runs a candy and fruit processing and packaging plant.Most of Healthy Harvest's business is done during holiday seasons,especially between Halloween and New Year's Day,and in the spring.The company hires a large temporary workforce during its busiest times.Can Healthy Harvest hire noncitizens for its temporary,seasonal work? If so,what procedures must the employer follow to do this hiring? If not,how can Healthy Harvest be assured that it is hiring only citizens?

Question 71

Technicians Union represents the workers of Unix Toys.A strike by the union will be legal if the strikers 

A) ​form a picket line. 
B) ​form a massed barrier and deny management and nonunion workers access to Unix Toys's plant. 
C) ​stay in Unix Toys's plant without working. 
D) ​all of the choices.

Question 72

Metalworkers Union represents the workers of National Fabrication Corporation.The employer refuses to bargain with the union over workplace safety.This most likely violates 

A) ​federal labor law. 
B) ​state right-to-work laws. 
C) ​federal wage-and-hour laws. 
D) ​no federal or state law.