Deck 17: Employment,immigration,and Labor Law

Question 1

Under federal law,only key employees who take temporary family or medical leave are entitled to job reinstatement.

Answer 1

False

Question 2

Once an employee receives workers' compensation,he or she can maintain a suit against the employer for negligence.

Answer 2

False

Question 3

To recover workers' compensation,an employee must prove that an injury was the fault of the employer.

Answer 3

False

Question 4

Employers who provide pension plans for retired workers must comply with certain standards in managing the plans.

Question 5

The basis for contributions to help pay for an employee's loss of income on retirement is the employee's annual wage base.

Question 6

The employment-at-will doctrine is little used today.

Question 7

Employer who willfully violates safety regulations can be prosecuted under state laws.

Question 8

All employees are entitled to overtime pay.

Question 9

An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract.

Question 10

Firing a worker who refuses to perform an illegal act violates public policy.

Question 11

Employee contributions to pension plans vest immediately.

Question 12

Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment.

Question 13

Certain employers must provide their employees with up to twelve weeks of family or medical leave during any twelve-month period.

Question 14

Generally,an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.

Question 15

All unemployed workers are eligible for unemployment compensation.

Question 16

Whistleblower statutes protect employers who retaliate against their employees for "blowing the whistle."

Question 17

Only the states set safety standards governing workplaces.

Question 18

No employee has a reasonable expectation of privacy in the workplace.

Question 19

An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.

Question 20

There are no exceptions to the employment-at-will doctrine.

Question 21

An employer can refuse to bargain collectively with an elected employee representative.

Question 22

To recruit employees from other countries,an employer must first complete a verification process.

Question 23

Thalia is an employee of Universal Insurance Company.Universal's employee manual states that workers 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 24

A closed shop is a firm that rejects union membership as a condition of employment.

Question 25

Flem is an employee of Glo Goods,Inc.Flem reports to state officials that Glo is illegally shipping unsafe goods to unsuspecting customers.When Glo learns of Flem's report,Glo fires him.He successfully sues Glo for wrongful 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 26

Only state law governs drug tests of private-sector employees.

Question 27

An employer may hire an illegal immigrant if the employer files a special form.

Question 28

Frida is an employee of Green Recycled Products Company.A state statute protects Frida from Green's retaliation if Frida reports to state officials,or others,that Green is involved in unsafe or illegal activity.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 29

Federal labor law protects employees' right to join labor unions.

Question 30

Non-workers do not have a right to picket an employer during a strike.

Question 31

Federal law governs unions' internal business procedures.

Question 32

Unions must allow their members to participate in union meetings.

Question 33

An employer may campaign among its workers against a union during a union election campaign.

Question 34

Myron is an employee of Nero.Either party can terminate the employment relationship at any time for any reason without liability.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 35

An employer may not hire substitute workers to replace strikers.

Question 36

Requiring union membership as a condition of continued employment is legal.

Question 37

Lena offers Miguel a job,representing falsely that it will be long term.In reliance,Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for fraud.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 38

Federal labor law protects employees' right to strike.

Question 39

An employer can require an employee to take a lie-detector test when investigating losses attributable to theft.

Question 40

Employers can agree with unions not to handle,use,or deal in non-union-produced goods.

Question 41

Pam is an administrative employee of Quality Assurance Company.Social Security contributions to help pay for Pam's loss of income on retirement are made by

A)neither Pam nor Quality Assurance.
B)Pam and Quality Assurance.
C)Pam only.
D)Quality Assurance only.

Question 42

Hoppy,who works as an employee for Imperial Power Corporation,suffers an injury in an accident.Hoppy will be compensated under state workers' compensation laws

A)only if the injury occurred during working hours.
B)only if the injury occurred off the job.
C)only if the injury occurred on the job.
D)whenever and wherever the injury occurred.

Question 43

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico.Due to the location,it would be easier for Southwestern to employ noncitizens.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 44

David's family came to the United States from Ukraine in 1895.Eva's family came to this country from Vietnam in 1995.Fiona's family came from Mexico in 2005.Current immigration laws are based on

A)a national origin quota system proportional to the 1890 census.
B)a racial quota system proportional to numbers updated periodically.
C)a system of sanctions against employers who hire illegal immigrants.
D)a system that imposes no restrictions on immigration.

Question 45

Staffing Solutions Corporation is subject to the Social Security Act,which

A)covers only employees who do not receive employer-paid pensions.
B)governs state unemployment compensation funds.
C)provides retirement,survivors,and disability insurance.
D)regulates disputes between unions and management.

Question 46

Fruits & Vegetables,Inc.,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in seven states.Under the Immigration Act of 1990,Fruits & Vegetables 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

Uri is an employee of Verity Security Services.For Uri to obtain the benefits of federal wage-hour requirements,Verity must be engaged in

A)business activity.
B)employment at will.
C)international commerce.
D)interstate commerce.

Question 48

Mineral Mining Corporation is a U.S.employer.Mineral,and other U.S.employers,must perform I-9 verifications for new hires who work under the employer's direct supervision

A)excluding contractors and day workers.
B)excluding contractors but including day workers.
C)excluding day workers but including contractors.
D)including contractors and day workers.

Question 49

Eduardo is an employee of Free-Flo Plumbing Corporation.With respect to the workplace,under federal health and safety statutes,Free-Flo has

A)a general duty to keep it safe and to meet specific standards.
B)no general duty to keep it safe but must meet specific standards.
C)no general duty to keep it safe or to meet specific standards.
D)only a general duty to keep it safe.

Question 50

Emma,Frick,Glenda,and Huey are employees of different-sized employers in different industries.A minimum wage must be paid to employees in

A)all industries.
B)covered industries only.
C)no industries.
D)small-business industries only.

Question 51

First National Bank may subject its employees to lie-detector tests when investigating

A)health and medical conditions.
B)losses attributable to theft.
C)prior work history.
D)suspected drug use.

Question 52

Network Industries,Inc.,wants to monitor its employees' electronic communications.To avoid liability under laws related to employee monitoring,Network should discuss the monitoring with

A)no one.
B)the employees.
C)the government.
D)the public generally.

Question 53

Cafe Dining,Inc.,employs one hundred workers at three locations in two states.Under federal law,Café must provide its employees,during any twelve-month period,family or medical leave of up to

A)twelve days.
B)twelve weeks.
C)twelve months.
D)twelve years.

Question 54

Cash is an employee of Drowsy Resort,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 55

Seafood Canning Corporation keeps a file of I-9 verifications forms.To inspect this file,the appropriate government officer must obtain

A)a subpoena and a warrant.
B)a subpoena or a warrant,but not both.
C)not a subpoena,a warrant,or the employer's consent.
D)the employer's consent.

Question 56

Machine Operations,Inc.(MO),employs four hundred workers at three locations in three states.Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who

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 57

Over a forty-year period,Ewa worked in a variety of jobs.She was also occasionally unemployed,briefly hospitalized,and suffered a temporary disability.She retired last year.The key law on all of these subjects is

A)the Consolidated Omnibus Budget Reconciliation Act.
B)the Employee Retirement Income Security Act.
C)the Federal Insurance Contributions Act.
D)the Social Security Act.

Question 58

Hu,Ivan,and Juana apply to work for King Meatpacking Company.These individuals' identities and eligibility to work must be verified by

A)the employer.
B)the individuals.
C)the individuals' countries of origin.
D)the U.S.Citizenship and Immigration Services.

Question 59

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

A)during school hours.
B)in a hazardous occupation.
C)more than eighteen hours per week.
D)without a special permit.

Question 60

Unity Production Company is suspected of employing illegal immigrants.The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through

A)the CIS.
B)the H1-B.
C)the ICE.
D)the NLRB.

Question 61

Link and Meryl are employees of Natural Resources,Inc.(NRI).When Odel,the president of NRI,learns that Link and Meryl are active in union activities,he discharges them.Link and Meryl may bring an action against NRI under

A)federal labor law.
B)federal or state unemployment law.
C)state workers' compensation law.
D)the employment at-will doctrine.

Question 62

General Packaging Corporation,a U.S.employer,may hire Hilo,a noncitizen,if Hilo is

A)a lawful permanent resident of the United States.
B)an unlawful but hopefully permanent resident in the United States.
C)an unlawful but only temporary resident in the United States.
D)any of the choices.

Question 63

Service Employees International Union would like Tasty Cafés,Inc.,to require union membership of its job applicants as a condition to obtaining employment.This is

A)illegal in all states.
B)illegal only in states that have right-to-work laws.
C)legal in all states.
D)legal only in states that have right-to-work laws.

Question 64

Socrates Software Corporation wants to hire Tomas,a noncitizen.To hire Tomas,Socrates must petition

A)Citizenship and Immigration Services.
B)the U.S.Department of State.
C)Immigration and Customs Enforcement.
D)the National Labor Relations Board.

Question 65

Detroit Automotive Company (DAC)agrees with its employees' union not to buy any nonunion-produced component parts from other firms for use in DAC products.This is

A)a closed shop.
B)a hot-cargo agreement.
C)a lockout.
D)a wildcat strike.

Question 66

Borealis Power Company is subject to mandatory workers' compensation laws in the states in which it does business.Chad and Dex work for Borealis as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment.At a distant site,Chad is injured in an accident that is entirely Dex's fault.Chad files a claim for workers' compensation.Should the claim be granted What would be Borealis's best defense against it

Question 67

Doctors Hospital Corporation employs seven thousand workers in seven locations.These employees have the right to

A)demand that Doctors Hospital Corporation be a closed shop.
B)make "hot-cargo" agreements.
C)organize.
D)refuse to bargain with Doctors Hospital Corporation.

Question 68

Detail Designs Company,an architectural firm,wants to hire Eduardo,a noncitizen.A temporary work visa is most likely to be set aside for a noncitizen who is

A)a "person of ethnic similarity to the employer's workforce."
B)a "person of extraordinary ability."
C)a "person of ordinary ability and ambition."
D)a "person with an extraordinary work ethic."

Question 69

During a union election campaign at Skyscraper Construction Corporation,the employer can,without monitoring or regulating by the National Labor Relations Board,threaten employees with

A)a layoff only.
B)a layoff or a reduction in benefits and wages.
C)a reduction in benefits and wages only.
D)neither a layoff nor a reduction in benefits and wages.

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.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 71

Dag is an employee of Eagle Mining Company.Under federal labor law,Dag and other employees have the right to

A)bargain collectively with Eagle through their representatives.
B)insist that Eagle require union membership as a condition of work.
C)interfere with the efforts of others to form labor organizations.
D)refuse to bargain with Eagle through their representatives.

Question 72

Pip,a clerk for a Quik Burger,Inc.,restaurant goes out on strike with the other employees.After the strike,Pip must be given his job back if the strike is not deemed unlawful,there is still work at the restaurant,and the strike was

A)an economic strike only.
B)an economic strike or an unfair labor practice strike.
C)an unfair labor practice strike only.
D)unlawful.