Deck 24: Employment, Immigration, and Labor Law

Question 1

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

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

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

Question 5

All unemployed workers who are willing and able to work are eligible for unemployment compensation.

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

Only the federal government sets safety standards governing workplaces.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

Whistleblower statutes protect employers who report their employees' wrongdoing.

Question 18

Whistleblower statutes protect employees from retaliatory discharge.

Question 19

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

Question 20

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

Question 21

Management may never legally limit unionizing activities.

Question 22

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

Question 23

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) 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

An employer may not hire an illegal immigrant under any circumstances.

Question 25

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 26

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

Question 27

Federal law does not restrict employers' use of the results of genetics tests.

Question 28

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

Question 29

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

Question 30

To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

Question 31

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 32

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

Question 33

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

Question 34

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 35

An employer may not hire substitute workers to replace strikers.

Question 36

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

Question 37

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.

Question 38

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 39

An employer can refuse to bargain collectively with a duly designated employee representative.

Question 40

Unfair labor practices are defined by the Norris-LaGuardia Act.

Question 41

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 42

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.

Question 43

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-will doctrine.

Question 44

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 45

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.

Question 46

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 47

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.

Question 48

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 49

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 50

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.

Question 51

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 52

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 53

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 54

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.

Question 55

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.

Question 56

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.

Question 57

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 58

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 59

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 60

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 61

Dag is an employee of Ridge 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 Ridge require union membership as a condition of work.
C) interfere with the efforts of others to form labor organizations.
D) refuse to bargain with Ridge through their representatives.

Question 62

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

A) the Norris-LaGuardia Act.
B) the National Labor Relations Act.
C) the Labor-Management Reporting and Disclosure Act.
D) the Labor-Management Relations Act.

Question 63

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 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

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) federal labor law.
B) federal full employment law.
C) federal employment discrimination law.
D) no federal law.

Question 67

Elections for union officers are regulated by

A) the Labor-Management Relations Act.
B) the Civil Rights Act.
C) the Labor-Management Reporting and Disclosure Act.
D) no federal law.

Question 68

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 69

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 70

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 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?

Question 72

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.