Deck 22: Employment Law

Question 1

A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

Answer 1

False

Question 2

Employees are entitled to overtime pay only at their employer's discretion.

Answer 2

False

Question 3

The privacy rights of private-sector employees are governed by state law,which varieswidely.

Answer 3

True

Question 4

Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

Question 5

Under the employment-at-will doctrine,an employer can end an em-ployment relationship at any time.

Question 6

If an employee dies in a work-related incident,the employer must notify OSHA within eight hours.

Question 7

A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

Question 8

All employers must provide their employees with up to twelve months of family or medical leave.

Question 9

Whistleblower statutes protect employees from retaliatorydischarge.

Question 10

State workers' compensation laws establish a procedure for employees injured on the job to sue their employers.

Question 11

Employers that fall under the provisions of the Federal Unemployment Tax Act of 1935 are taxed at regular intervals.

Question 12

Children must be at least thirteen years old to work in hazardous occupations.

Question 13

There is federal regulation of employers' retirement plans for employees.

Question 14

An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.

Question 15

The basis for an employee's contribution to Social Security is the employee's age.

Question 16

An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

Question 17

An employee can usually recover workers' compensation for injuries occurring on the commute to and from work.

Question 18

A promise that an employer makes in an employee handbook regarding discharge will not be considered part of an implied contract.

Question 19

Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

Question 20

Whistleblower statutes protect employers who report their employees' wrongdoing.

Question 21

The Norris-LaGuardia Act effectively declared a national policy permitting employees to organize.

Question 22

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

Question 23

Protection against discrimination under the Civil Rights Act of 1964 does not extend to situations in which individuals are harassed by members of the same gender.

Question 24

Management may never legally limit unionizing activities.

Question 25

Big Drill Oil Company employees one hundred workers.Big Drill must do all of the following except

A)keep occupational injury and illness records for each employee
B)report any work-related diseases directly to OSHA.
C)report any employee death due to a work-related incident to OSHA within eight hours.
D)pay employees higher wages for working in more dangerous areas.

Question 26

If a job applicant or an employee with a disability,with reasonable accommodation,can perform essential job functions,the employer must make the accommodation.

Question 27

Federal law does notrestrict employers' use of the results of genetics test.

Question 28

An employer may nothire an illegal immigrant under any circumstances.

Question 29

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

Question 30

Unfair labor practices are defined by the Norris-LaGuardia Act

Question 31

Individual states may pass their own right-to-work laws.

Question 32

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

A)Workbilt's liability for damages.
B)Gina's deportation under the Immigration Act.
C)discontinuance of Gina's health-plan coverage.
D)monitoring Workbilt's communications for privacy violations.

Question 33

Thelma is an employee at Foreign Food Mart.Thelma is called for juryduty and as a result cannot work her scheduled shift at Foreign Food Mart.Foreign Food Mart fires Thelma.This is a violation of

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 34

Under the Age Discrimination in Employment Act of 1967,a plaintiff must prove that he or she was replaced by a person "outside the protected class."

Question 35

Under the Americans with Disabilities Act of 1990,an employer must hire unqualified applicants who have disabilities.

Question 36

Under the Age Discrimination in Employment Act of 1967,the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.

Question 37

An employee's resignation must be the foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.

Question 38

Disparate-impact discrimination occurs when a protected class of individuals is adversely affected by an employer's practices,even though they do not appear to be discriminatory.

Question 39

Marvin is an employee of Wild Thing Farms.Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets.If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by

A)unemployment statutes.
B)worker compensation statutes.
C)whistleblower statutes.
D)no statutes.

Question 40

Mythic Games Company employs two hundred workers full-time.If Mythic Games plans to have a mass layoff,it must provide its employees with at least

A)thirty days of notice.
B)sixty days of notice.
C)ninety days of notice.
D)one year of notice.

Question 41

The Employee Polygraph Protection Act of 1988 prohibits most private employers from doing all of the following except

A)requiring or causing employees or job applicants to take lie-detector tests.
B)using,accepting,or referring to,or asking about the results of lie-detector tests taken by employees or applicants.
C)taking or threatening negative employment-related action against employees or applicants based on results of lie-detector tests.
D)using lie-detector tests to investigate losses due to theft.

Question 42

Ruth is a supervisor for Subs & Suds,a restaurant.Tim is a Subs employee.The owner announces that some em-ployees will be discharged.Ruth tells Tim that if he has sex with her,he can keep his job.This is

A)harassment on the basis of sexual orientation.
B)not harassment.
C)quid pro quo harassment.
D)same-gender harassment.

Question 43

Nimble Numbers Accounting Corporation,a private employer,handles bookkeeping for small employers.In most circumstances,with exceptions,federal law clearly pro-hibits Nimble from subjecting its employees to

A)job-skills tests.
B)monitoring of business communications.
C)drug tests.
D)lie-detector tests.

Question 44

Svetlana,a fifty-five-year-old member of a racial minority with a disability,believes that she is a victim of employment discrimination.Potentially the most widespread form of discrimination is based on

A)age.
B)disability.
C)gender.
D)race.

Question 45

Clive works for Digby Excavation Corporation.While operating a backhoe,Clive suffers an injury.Clive will be compen-sated under state workers' compensation laws only if

A)he does not have health insurance.
B)he is completely disabled.
C)his injury was accidental.
D)his injury was intentional.

Question 46

Vinnie,the owner of Café Rico,knows about,but does not take any action to prevent,the sexual harassment of employees.Vinnie and the café may be liable for such harassment by

A)an employee's previous employer.
B)a customer or a co-worker.
C)an employee's spouse or other close relative.
D)none of the choices.

Question 47

Flynn is a drug addict who has completed a supervised drug-rehabilitation program.Gert used drugs casually in the past.Heath reports to work while under the influence of alcohol.Considered to have a disability under the Americans with Disabilities Act of 1990 is

A)Flynn.
B)Gert.
C)Heath.
D)all of the choices.

Question 48

Melanie files an employment discrimination suit against Natural Gas Industries Corp.under Title VII on a disparate-impact theory.To succeed,Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

A)practices.
B)procedures.
C)tests.
D)seniority system.

Question 49

Samson is a government employee.Samson is limited in being subjected to drug testing under

A)the First Amendment.
B)the Second Amendment.
C)the Fourth Amendment.
D)the Eighth Amendment.

Question 50

Conrad and Delilah are employees of AgriBio Feed & Seed Corporation.Under the Equal Pay Act of 1963,AgriBio can legitimately pay different wages on the basis of

A)seniority.
B)job descriptions.
C)substantial equality of skill,effort,and responsibility.
D)gender.

Question 51

Which of the following is not a common form of electronic surveillance of employees in the workplace?

A)Reviewing employees' emails
B)Requiring employees to wear electronic location monitoring bracelets
C)Video-recording job performance
D)Listening to employees' telephone conversations

Question 52

Phyllis intentionally injures herself while performing her job for Stone Cutters,Inc.Phyllis will be entitled to

A)full workers' compensations.
B)half of the normal workers' compensation.
C)10 percent of the normal workers' compensation.
D)no workers' compensation.

Question 53

Truman applies for a job at Skylight Canopy Corporation for which he is well quali-fied,but for which he is rejected.Skylight continues to seek applicants and eventually fills the posi-tion with a person who is not a member of a mi-nority.Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of

A)a protected class.
B)a majority group.
C)an employers' association.
D)a union.

Question 54

Sunny Energy Company wants to genetically test its workers for potentially significant,future health problems.Sunny may

A)discharge employees who test "positive."
B)discriminate against job applicants who test "positive."
C)deny group health insurance for its employees who test "positive."
D)not make employment decisions based on genetic testing.

Question 55

Investors Fund,a large financial institution,announces that it will start monitoring its employees' electronic communications. If Mary,an Investors Fund employee,resists this policy,her best argu-ment is that the monitoring violates

A)employee privacy rights.
B)worker health and safety.
C)federal labor law.
D)the employment-at-willdoctrine.

Question 56

Quinn is an employee of Regional Industries,Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals.Quinn 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 57

Eton files a suit in a federal district court against Florida,alleging employment discrimina-tion under the Age Discrimination in Employment Act of 1967.The state asks the court to dismiss the suit.The court is most likely to rule that

A)the state is immune from the suit.
B)the suit can proceed.
C)Eton is immune from any defense the state might offer.
D)the court is immune from such request.

Question 58

Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race.Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination.Sarah must show all of the following except that

A)she is a member of a protected class.
B)she applied and was qualified for the job in question.
C)she was rejected by Trekking Travel Agency.
D)other people of her race hold similar positions with other employers.

Question 59

Julie works as an employee for Organic Produce Express,Inc.(OPI).Rowan,who is unemployed,collects unemployment compensa-tion.This compensation is provided by a tax on

A)Julie and other employees.
B)Julie,OPI,and other employees and employers.
C)OPI and other employers.
D)not Julie,OPI,or other employees or employers.

Question 60

Jo works for Tall Tales Publishing,Inc.The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her

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

Question 61

During a union election campaign,Autowerks Repair,Inc.,prohibits on-site solicitations by any party,including Mechanics Union,which is seeking the workers' unionization.This violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.

Question 62

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.Occasionally,a position opens for an individual with highly specialized skills,particularly to operate and maintain the company's inventory and sales control systems.Can Healthy Harvest hire noncitizens for its temporary,seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so,what procedures must the employer follow in both situations to do this hiring? If not,how can Healthy Harvest be assured that it is hiring only citizens?

Question 63

Elections for union officers are regulated by

A)the Fair Labor Standards Act.
B)the Occupational Safety and Health Act.
C)the Labor-Management Reporting and Disclosure Act.
D)no federal law.

Question 64

During a union election campaign,Sapphire Blue Finance Company prohibits on-site solicitations by Credit Workers Union,which is seeking the workers' unionization,while permitting charities to solicit the same workers.This violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.

Question 65

Clerical Workers Union represents the employees of Miracle Medical Research Company.The management of the firm refuses to bargain with the union over the hiring of unnecessary workers.This violates

A)federal labor law.
B)state right-to-work laws.
C)federal employment discrimination law.
D)no federal or state law.

Question 66

Finance Professionals Union represents the workers of Business & Commerce Banking Corporation.The management of the firm refuses to bargain with the union.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 67

Employers are not allowed to interfere with employees' efforts to form or join a union under

A)the employment-at-will doctrine.
B)the National Labor Relations Act.
C)the Civil Rights Act.
D)the Fair Labor Standards Act.

Question 68

For twenty years,Ozzie works for Players Paradise,a destination for vacationers from across the United States,maintaining golf carts.After a steady stream of positive job evaluations and merit pay raises,Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses.Five years later,a new employee,Quentin,is hired to oversee operations at all ten of Players's courses.Quentin demotes Ozzie,who is now over the age of forty,to running only one of the three cart facilities,and freezes his salary.Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie,who is twenty-three.Ozzie overhears Richie say,"We're going to have to do away with these old,senile men." Less than a year later,Quentin reconsolidates the three cart facilities' operations under Richie's charge.Ozzie quits and files a suit against Players for employment discrimination. Should he prevail? Explain.

Question 69

Jason and Katrina work on the loading dock for Longhaul Transport Company.Jason has a disability.Katrina has seniority.Jason asks for a transfer,which would represent an accommodation for his disability.Longhaul gives the transfer to Katrina on the basis of her seniority.Jason files a suit against Longhaul for discrimination on the basis of his disability.The court is most likely to rule that

A)Katrina's seniority is a good defense.
B)Jason's disability is a sufficient basis for relief.
C)Longhaul's action was a business necessity.
D)Longhaul's action was a reasonable accommodation.

Question 70

The employee union at Top Tech Toys decides to go on strike.Their strike will be legal if

A)the strikers form a picket line.
B)the strikers form a massed barrier and deny management and nonunion workers access to Top Tech Toys' plant
C)the strikers stay in Top Tech Toys' plant without working.
D)the strikers violently attack management.

Question 71

Following a union election campaign by Service Employees International Union among the employees of Quality Hotels & Resorts,Inc.,the union does not obtain a majority vote in the election.This most likely violates

A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.

Question 72

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

A)the Labor-Management Relations Act.
B)the Immigration Act.
C)the Worker Adjustment and Retraining Notification Act.
D)no federal law.