Deck 34: A: Employment,immigration,and Labor Law

Question 1

It is an unfair labor practice to refuse to bargain collectively with an elected employee representative.

Answer 1

True

Question 2

Working times and hours are not restricted for persons between the ages of sixteen and eighteen.

Answer 2

True

Question 3

All employers are required to provide health insurance for their employees.

Answer 3

False

Question 4

Whenever an employer discharges an employee in violation of an employment contract,the employee may bring an action for whistleblowing.

Question 5

Certain employees are exempt from federal overtime provisions.

Question 6

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

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

An employer has a right to hire permanent replacements during a strike.

Question 9

The privacy rights and drug testing of private-sector employees are governed by the U.S.Constitution.

Question 10

An employer generally is required to notify an employee when an absence will be counted as family or medical leave under federal law.

Question 11

If employees are not informed that certain communications are being monitored,the employer may be held liable for invading their privacy.

Question 12

A large business must provide notice before closing a plant that employs a certain number of workers.

Question 13

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

Question 14

An employer may limit the campaign activities of union supporters during a union election campaign.

Question 15

The key consideration in determining whether an employment manual creates an implied contract is the reasonable expectation of the employer.

Question 16

Forming a union requires the support from a majority of the employees in a defined bargaining unit.

Question 17

The government needs a subpoena or a warrant to inspect an employer's file of I-9 forms.

Question 18

Businesses can hire foreign workers with special qualifications when there are not enough qualified workers available in the United States.

Question 19

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

Question 20

Generally,under employment-at-will doctrine,an employee may quit a job at any time for any reason.

Question 21

Cupcake Creations,Inc. ,employs one hundred workers at three loca?tions in two states.Under federal law,Cupcake 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 22

Hoppy,who works as an employee for Integrated Systems 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 23

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.

Question 24

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

A)federal labor law.
B)federal election law.
C)federal solicitation law.
D)no federal law.

Question 25

Musicians & Performers Union represents the employees of Poignant Legerdemain,Inc.During negotiations over conditions of employment,each side rejects the other's proposal without offering a counterproposal.This indicates

A)bad faith.
B)good faith.
C)each party's attempt to obtain concessions on other subjects.
D)reasonable efforts to come to an agreement.

Question 26

Backwater Heavy Equipment Corporation currently employs three hundred full-time workers.Because business has declined,Backwater plans to lay off one hundred workers.If Backwater does not send advance notice of the layoff to the appropriate parties,the employer may be subject to

A)fines,employee back-pay awards,attorneys' fees,and more.
B)a cease-and-desist order or other injunction but no economic liability.
C)imprisonment but no injunctive or economic sanction.
D)no sanctions.

Question 27

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 28

Finance Professionals Union represents the workers of Business & Commerce Banking Corporation.The management of the firm 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 29

Community Recycling,Inc. ,plans to lay off fifty of its five hundred workers,including Bev.Bev has a right to continued health-care coverage under Community's group plan unless

A)Community changes its insurer.
B)Community completely cancels its plan.
C)Bev files a suit against Community for wrongful discharge.
D)Community decides not to pay Bev's premium.

Question 30

Fruits & Vegetables,Inc. ,employs hundreds of seasonal and permanent workers,both skilled and unskilled,in seven states.Under federal immigration law,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 31

Hauser takes temporary family leave from his job at Gelato Confectionary Corporation to care for a new baby.On Hauser's return from the leave,Gelato must

A)restore Hauser to his original position.
B)reimburse Hauser for his expenses while on leave.
C)promote Hauser to the status of a key employee.
D)do nothing.

Question 32

Ilsa works as a clerk for Java Café at minimum wage.The minimum-wage rate is revised

A)annually,according to the rate of inflation.
B)every seven years,according to changes in the cost of living.
C)periodically by Congress.
D)whenever the president issues an executive order to revise the rate.

Question 33

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

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

Question 34

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 35

Pam is an administrative employee of Quality Assurance Company.Contributions to help pay for Social Security benefits that will partially make up for Pam's loss of income on re?tirement are required to be made by

A)not Pam nor Quality Assurance.
B)Pam and Quality Assurance.
C)Pam only.
D)Quality Assurance only.

Question 36

Petro Oil Company wants to conduct genetic testing of its workers to identify those who might develop significant health problems in the future.Under federal law,Petro may use genetic information to

A)make decisions about hiring or firing.
B)make decision about job placement or promotion.
C)deny group health-care coverage or charge a higher premium.
D)none of the choices.

Question 37

Chemco Sales,Corporation wants to monitor its employees' electronic com?munications.To avoid liability under laws related to employee monitor?ing,Chemco should notify

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

Question 38

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 39

Socrates Software Corporation wants to hire Tomas,a noncitizen of "extraordinary ability." To hire Tomas,Socrates 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 40

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

Question 41

Elin works for Form Molding Company.Near her workstation is a conveyor belt that runs through a large industrial oven.Some workers,including Greg,Elin's supervisor,use the oven to heat food.Thirty-inch-high flasks containing molds are fixed at regular intervals on the con?veyor and transported into the oven.Elin walks between the flasks to get to her workstation.One day,when the conveyor is not moving,Elin uses the oven to cook a frozen potpie.As she removes the pie from the oven,the conveyor comes on.One of the flasks strikes Elin,seriously injuring her.Elin seeks recovery under the state workers' compensation law.Should she recover? Why or why not?

Question 42

Some of the employees of Relay Computers,Inc. ,decide that they want to be represented by the Science Workers Union in bargaining with Relay over overtime pay and the times that the plant opens and closes.Relay,and some employees,including Tracy,are against the union.Who can demand that a union election be held? If the union is elected,does it have to represent Tracy? If the union is elected,does Relay have to bargain over overtime pay and the times that the plant opens and closes?