Deck 34: Employment, Immigration, and Labor Law

Question 1

The government does not need a subpoena or a warrant to inspect an employer's file of I-9 forms.

Answer 1

True

Question 2

It is not an unfair labor practice for an employer to contribute financial or other support to a labor organization.

Answer 2

False

Question 3

Vesting gives an employee a legal right to receive pension benefits at some future date when he or she stops working.

Answer 3

True

Question 4

An employee may take up to twenty-six weeks of military caregiver leave within a twelve-month period to care for a family member with a serious injury or illness incurred as a result of military duty.

Question 5

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

Question 6

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

Question 7

If an employee presents false documentation of eligibility to work in the United States, his or her employer is subject to deportation.

Question 8

The most 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 9

Like Social Security, Medicare is funded by contributions from the employer and the employee.

Question 10

Most employers with fifty or more employees are required to offer health-insurance benefits.

Question 11

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

Question 12

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

Question 13

An employer can voluntarily pay overtime to ineligible employees.

Question 14

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

Question 15

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 16

Certain employers must provide advance notice of a layoff to the affected workers or their representative (if the workers are members of a labor union).

Question 17

To gain authorization for hiring a foreign worker, an employer must show that no U.S. Worker is qualified, willing, and able to take the job.

Question 18

Labor law regulates the circumstances and conduct of strikes.

Question 19

The key consideration in determining whether an employment manual creates an implied contract is the employee's reasonable expectations.

Question 20

Employees of private (nongovernment) employers have some privacy protection under the U.S. Constitution.

Question 21

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 22

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 23

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 24

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 25

Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen of "extraordinary ability." To hire Dhani, Cloud Computing must petition

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

Question 26

Investment Sales Corporation wants to monitor its employees' electronic com?munications. Investment Sales's best course of action to avoid liability under laws related to employee monitor?ing is to notify

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

Question 27

Data & Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly pro?hibits Data & Data from subjecting its employees to

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

Question 28

During a union election campaign, Auto Body Paint & 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 29

Restocking Warehouse 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.
C) a special executive order.
D) none of the choices.

Question 30

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 31

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

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

Question 32

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

A) King Poultry.
B) Hu, Ivan, and Juana.
C) Hu, Ivan, and Juana's countries of origin.
D) U.S. Citizenship and Immigration Services.

Question 33

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 34

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 employee death due to a work-related incident within eight hours.
D) pay employees higher wages for working in more dangerous areas.

Question 35

Geno's Italiano Ristorantes, Inc., employs three hundred workers at four loca?tions in two states. Under federal law, Geno's must pro?vide each employee, during any twelve-month period, family or medi?cal leave of up to twelve

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

Question 36

Bank Professionals Union represents the workers of Commerce Bank. The bank refuses to bargain with the union over the economic consequences to the employees of management's decision to shut down some facilities. 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.

Question 37

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 original position.
B) reimburse Livia for her expenses while on leave.
C) promote Livia to the status of a key employee.
D) do nothing.

Question 38

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 39

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

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

Question 40

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 41

Francesca works for Glassworks Inc. Near her workstation is a conveyor belt that runs into a large industrial oven. Some workers, including Harry, Francesca's supervisor, use the oven to heat food. One day, when the conveyor is not moving, Francesca uses the oven to cook her lunch. As she removes the food from the oven, the conveyor comes on and Francesca is pulled partially into the oven and suffers serious burns. Francesca seeks recovery under the state workers' compensation law. Should she recover? Why or why not?

Question 42

Some of the employees of Righteous Apps, Inc., decide that they want to be represented by the Science Workers Union in bargaining with Righteous Apps over overtime pay and the times that the offices open and close. Righteous Apps, and some employees, including Truman, are against the union. Who can demand that a union election be held? If the union is elected, does it have to represent Truman? If the union is elected, does Righteous Apps have to bargain over overtime pay and the times that the offices open and close?