Deck 27: Employment and Immigration Law
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Deck 27: Employment and Immigration Law
1
An employee may be legally fired for refusing an order to do something illegal in the course of his or her job.
False
2
Whistleblower statutes protect employees who disclose their employers' wrongdoing.
True
3
Only the federal government sets safety standards governing workplaces.
False
4
An employer may avoid laws regulating monitoring activities by telling employees that they are subject to monitoring.
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5
Whistleblower statutes protect employers from retaliation by dissatisfied employees.
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6
The basis for an employee's contribution to Social Security is the employee's age.
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7
There are no exceptions to the employment-at-will doctrine.
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8
If an employee dies in a work-related incident,the employer must notify OSHA within eight hours.
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9
Laws relating to employees' right to privacy on the job vary from state to state.
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10
Under the employment-at-will doctrine,an employer can end an em?ployment relationship at any time.
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11
To recover workers' compensation,an employee must prove that an injury was the fault of the employer.
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12
A promise that an employer makes in an employee handbook to employees regarding discharge policy will NOT be considered part of an implied contract.
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13
Only federal law governs drug tests of private-sector employees.
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14
Federal law does NOT restrict employers' use of the results of genetics tests.
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15
An employee can usually recover benefits for injuries occurring on the commute to and from work.
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16
An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.
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17
State workers' compensation laws establish a procedure for employees injured on the job to sue their employers.
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18
Under federal law,both employers and employees contribute to help pay for the employees' loss of income on retirement.
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19
Generally,an employer's monitoring of electronic commu?nications in the workplace does not violate employees' privacy rights.
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20
A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.
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21
Employees are entitled to overtime pay only at their employer's discretion.
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22
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.
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.
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23
To recruit employees from other countries,an employer must first obtain the approval of the U.S.Department of Labor.
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24
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.
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25
Under federal law,only key employees who take temporary family or medical leave are entitled to job reinstatement.
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26
A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.
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27
All unemployed workers are eligible for unemployment compensation.
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28
Children must be at least thirteen years old to work in hazardous occupations.
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29
Myron is an employee of Woody.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 a statute.
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 a statute.
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30
Employers that fall under the provisions of the Federal Unemployment Tax Act of 1935 are taxed quarterly.
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31
The False Claims Reform Act of 1986 requires that workers who disclose information relating to a fraud perpetrated against the U.S.government be
A)fired from his or her position.
B)given a new position at a higher pay grade.
C)given a comparable position at a different company.
D)rewarded with a percentage of the proceeds if the government sues the wrongdoer.
A)fired from his or her position.
B)given a new position at a higher pay grade.
C)given a comparable position at a different company.
D)rewarded with a percentage of the proceeds if the government sues the wrongdoer.
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32
Children fourteen years of age and older can work during school hours.
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33
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 by
A)unemployment statutes.
B)worker compensation statutes.
C)whistleblower statutes.
D)no statutes.
A)unemployment statutes.
B)worker compensation statutes.
C)whistleblower statutes.
D)no statutes.
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34
Only the states set safety standards governing workplaces.
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35
Most employees can continue the group health benefits provided by their employers for a limited period of time after a loss of employment.
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36
An employer may NOT hire an illegal immigrant under any circumstances.
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37
There is federal regulation of employers' retirement plans for employees.
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38
Employees who receive tips on the job have a lower minimum wage than employees who do not receive tips.
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39
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 employee privacy.
C)a statutory exception.
D)an exception based on an implied contract.
A)an example of the doctrine.
B)an exception based on employee privacy.
C)a statutory exception.
D)an exception based on an implied contract.
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40
All employers must provide their employees with up to twelve months of family or medical leave.
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41
Thelma is an employee at Foreign Food Mart.Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart.
Foreign Food Mart fires Thelma.This is a violation of
A)a public-policy exception to the employment-at-will doctrine.
B)a worker privacy exception to the employment-at-will doctrine.
C)a whistleblower statute.
D)no statutes or doctrines.
Foreign Food Mart fires Thelma.This is a violation of
A)a public-policy exception to the employment-at-will doctrine.
B)a worker privacy exception to the employment-at-will doctrine.
C)a whistleblower statute.
D)no statutes or doctrines.
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42
Over a forty-year period,Ellen worked in a variety of jobs. She was also occasionally unemployed,briefly hospitalized,and suffered a temporary disability. She retired last year. The key federal law on all of these sub?jects 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.
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.
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43
The Employee Polygraph Protection Act of 1988 prohibits 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.
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.
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44
Eduardo is an employee of Free-Flo Plumbing Corporation.With respect to the workplace,under federal health and safety statutes,Free-Flo
A)has a duty to maintain it free from recognized hazards.
B)can discharge an employee who files a complaint of a violation.
C)can discharge an employee who refuses to work in a high-risk area.
D)does not have to report work-related injuries until there have been eleven "events."
A)has a duty to maintain it free from recognized hazards.
B)can discharge an employee who files a complaint of a violation.
C)can discharge an employee who refuses to work in a high-risk area.
D)does not have to report work-related injuries until there have been eleven "events."
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45
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
A)Reviewing employees' emails
B)Requiring employees to wear electronic location monitoring bracelets
C)Video-recording job performance
D)Listening to employees' telephone conversations
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46
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 her
A)employee privacy rights.
B)religious beliefs.
C)right to free speech.
D)whistleblower rights.
A)employee privacy rights.
B)religious beliefs.
C)right to free speech.
D)whistleblower rights.
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47
Hoppy,who works as an employee for Imperial Power Corporation,suf?fers an injury in an accident.Hoppy will be compen?sated under state work?ers' 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.
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.
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48
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.
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.
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49
Samson is a government employee.Samson is limited in drug testing by the
A)First Amendment.
B)Second Amendment.
C)Fourth Amendment.
D)Eighth Amendment.
A)First Amendment.
B)Second Amendment.
C)Fourth Amendment.
D)Eighth Amendment.
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50
Josephine works for Tall Tales Publishing,Inc.The basis for Josephine'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.
A)seniority at Tall Tales.
B)annual wage base.
C)special job skills.
D)county of residence.
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51
Network Industries,Inc.,wants to monitor its employees' electronic com?munications.To avoid liability under laws related to employee monitor?ing,Network should announce the monitoring to
A)no one.
B)the employees.
C)the government.
D)the public generally.
A)no one.
B)the employees.
C)the government.
D)the public generally.
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52
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 working more dangerous areas higher wages.
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 working more dangerous areas higher wages.
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53
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.
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.
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54
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.
A)job-skills tests.
B)monitoring of business communications.
C)drug tests.
D)lie-detector tests.
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55
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.
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.
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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. If Quinn acted in good faith,he may be entitled to protection from discharge under
A)the Consolidated Omnibus Budget Reconciliation Act.
B)the Family and Medical Leave Act.
C)the Occupational Safety and Health Act.
D)the state workers' compensation act.
A)the Consolidated Omnibus Budget Reconciliation Act.
B)the Family and Medical Leave Act.
C)the Occupational Safety and Health Act.
D)the state workers' compensation act.
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57
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.
A)health and medical conditions.
B)losses attributable to theft.
C)prior work history.
D)suspected drug use.
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58
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.
A)he does not have health insurance.
B)he is completely disabled.
C)his injury was accidental.
D)his injury was intentional.
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59
Pam is an administrative employee of Quality Assurance Company.Social Security contributions to help pay for Pam's loss of income on re?tirement are made by
A)neither Pam nor Quality Assurance.
B)Pam and Quality Assurance.
C)Pam only.
D)Quality Assurance only.
A)neither Pam nor Quality Assurance.
B)Pam and Quality Assurance.
C)Pam only.
D)Quality Assurance only.
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60
Phyllis intentionally injures herself while performing her job for Stone Cutters,Inc.Phyllis will
A)be entitled to full workers' compensations benefits.
B)be entitled to half of the normal workers' compensation benefits.
C)be entitled to 10 percent of the normal workers' compensation benefits.
D)not be entitled to any workers' compensation benefits.
A)be entitled to full workers' compensations benefits.
B)be entitled to half of the normal workers' compensation benefits.
C)be entitled to 10 percent of the normal workers' compensation benefits.
D)not be entitled to any workers' compensation benefits.
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61
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.
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.
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62
Tyrone is seventeen years old. Under the Fair Labor Standards Act,he
A)cannot work in a hazardous occupation.
B)cannot work during school hours.
C)must obtain a permit to work.
D)none of the choices.
A)cannot work in a hazardous occupation.
B)cannot work during school hours.
C)must obtain a permit to work.
D)none of the choices.
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63
Fruits & Vegetables,Inc.,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in seven states.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.
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.
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64
Mineral Mining Corporation is a U.S.employer.Mineral,and other U.S.employers,must perform I-9 verifications for
A)a random selection of new hires.
B)every other new hire.
C)new hires with certain racial or ethnic characteristics.
D)each new hire.
A)a random selection of new hires.
B)every other new hire.
C)new hires with certain racial or ethnic characteristics.
D)each new hire.
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65
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?
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66
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. With respect to persons not authorized to work in the United States,an employer can
A)hire them.
B)recruit them.
C)refer them for a fee.
D)not hire them,recruit them,or refer them for a fee.
A)hire them.
B)recruit them.
C)refer them for a fee.
D)not hire them,recruit them,or refer them for a fee.
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67
Socrates Software Corporation wants to hire Tomas,a noncitizen.To hire Tomas,Socrates must petition
A)the U.S.Department of Labor.
B)the U.S.Department of State.
C)Immigration and Customs Enforcement.
D)the National Labor Relations Board.
A)the U.S.Department of Labor.
B)the U.S.Department of State.
C)Immigration and Customs Enforcement.
D)the National Labor Relations Board.
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68
Fun Times Gaming Company employs two hundred workers full-time.If Fun Times 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.
A)thirty days of notice.
B)sixty days of notice.
C)ninety days of notice.
D)one year of notice.
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69
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.
A)the employer.
B)the individuals.
C)the individuals' countries of origin.
D)the U.S.Citizenship and Immigration Services.
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70
Café Cuisine Dining,Inc.,employs one hundred workers at three loca?tions in two states.Under federal law,Café Cuisine must pro?vide its employees,during any twelve-month period,family or medi?cal leave of up to
A)twelve days.
B)twelve weeks.
C)twelve months.
D)twelve years.
A)twelve days.
B)twelve weeks.
C)twelve months.
D)twelve years.
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71
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 in?jured 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?
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72
Superior Sign Company is subject to the Fair Labor Standards Act (FLSA).The FLSA is not concerned with
A)child labor.
B)employees' privacy rights.
C)maximum hours.
D)minimum wages.
A)child labor.
B)employees' privacy rights.
C)maximum hours.
D)minimum wages.
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