Employment: 31, 32, & 33

Question 1

Which of the following best describes the employment at-will doctrine?
Employees remain employed only if the employer wants them to be employed.
Employees remain employed only if the employees want to be employed.
Whether an employment relationship continues is based on the will of the government.
Employees remain employed only if both the employer and the employee want the employment relationship to continue.

Answer 1

Employees remain employed only if both the employer and the employee want the employment relationship to continue.

Question 2

Under the employment at-will doctrine, an employment relationship can be terminated:
Only by court order.
Only by mutual agreement of the employer and the employee.
By the employer only.
By the employee only.
By either the employee or the employer.

Answer 2

By either the employee or the employer.

Question 3

Most employees are considered at-will employees
True
False

Answer 3

True

Question 4

The employment at-will doctrine is law in most states, although numerous exceptions greatly limit its application in many circumstances today.
Correct!
True
False

Answer 4

True

Question 5

Which of the following is not one of the common exceptions to the employment at-will doctrine?
  Public policy.  
  Tort.  
  Employer necessity.  
  Contract.  
  Statutory.

Answer 5

Employer necessity.

Question 6

An at-will employee being threatened with termination if the employee does not violate a law at the direction of the employer would be protected under which exception to the employment at-will doctrine?
  Contract.  
  Statutory.  
  Tort.  
  Criminal.  
  Public policy.

Answer 6

Public policy.

Question 7

The first step for an employee pursuing a workers’ compensation claim is to file a lawsuit in Federal District Court.
True
False

Answer 7

False

Question 8

If an employee is injured during the course of her employment, she may either sue the employer in court or proceed with a workers’ compensation claim.
True
False

Answer 8

False

Question 9

An employee cannot collect a workers’ compensation claim if the injury did not arise out of the course of employment.
True
False

Answer 9

True

Question 10

Under the Occupational Safety and Health Act:
A company can be found to be in violation even if a specific safety regulation is not violated.
Complaints are handled by the Equal Employment Opportunity Commission.
Very few safety standards have actually been adopted.
Purchasers of a company’s products are assured that they are safe for use in the home.

Answer 10

A company can be found to be in violation even if a specific safety regulation is not violated.

Question 11

Which of the following statements is not true under the Fair Labor Standards Act?
Persons age 18 or over may work unlimited hours in nonhazardous jobs.
Children ages 14 and 15 may work limited hours in nonhazardous jobs.
Children under 14 cannot work at all, except on farms.
Persons age 18 or over may work unlimited hours in hazardous jobs.
Children ages 16 and 17 may work unlimited hours in nonhazardous jobs.

Answer 11

Children under 14 cannot work at all, except on farms.

Question 12

The two types of safety standards under the Occupational Safety and Health Act are specific duty standards and general duty standards.
True
False

Answer 12

True

Question 13

So long as an employer follows the specific safety standards applicable to the particular industry, the employer will not be in violation of the Occupational Safety and Health Act.
True
False

Answer 13

False

Question 14

Overtime pay is required to be paid to nonexempt employees who work:
  Over 50 hours per week.  
  Over 12 hours per day.  
  Over 10 hours per day.  
  Over 40 hours per week.  
  Over 8 hours per day.

Answer 14

Over 40 hours per week.

Question 15

Under the Fair Labor Standards Act:
Employers are not required to pay overtime for a nonexempt employee who works 45 hours in the first week but only 25 hours in the second week of a 2-week pay period.
Limitations are placed on the hours that workers can work each week without being paid overtime.
A minimum wage is set, but is not required to be paid if the worker agrees to accept a lower amount.
Workers are prevented from working in hazardous jobs.

Answer 15

Limitations are placed on the hours that workers can work each week without being paid overtime.

Question 16

Which of the following is not addressed by ERISA? Companies that must provide pension plans for employees.
Vesting requirements.
Funding requirements of pension plans.
Disclosure and reporting requirements.
Investment limitations of a pension fund in the stock of the sponsoring corporation.

Answer 16

Companies that must provide pension plans for employees.

Question 17

The Fair Labor Standards Act puts limits on the type of work and hours of work of workers under age 18.
True
False

Answer 17

True

Question 18

Which of the following is not a purpose of ERISA?
To limit or prevent employees from losing pension benefits if they decide to leave an employer.
To ensure that as many companies as possible provide pension plans for their employees.
For employees to have access to certain information about their pension plans.
To make certain that pension plans have certain minimum amounts placed into them by employers.
To make sure that the management of the pension fund is separate from the management of the employer.

Answer 18

To ensure that as many companies as possible provide pension plans for their employees.

Question 19

For an employer with a 2-week pay period, overtime pay must be paid to a nonexempt employer only if the hours worked in the pay period exceed 80, regardless of how many hours were worked in each of the weeks.
True
False

Answer 19

False

Question 20

Under the Employee Retirement Income Security Act, an employee’s benefits must vest:
By the time of the employee’s retirement.
When the benefit is first recorded.
In total within 5 years or gradually within 7 years.
Within 10 years.
Only as provided in the pension plan.

Answer 20

In total within 5 years or gradually within 7 years.

Question 21

The purpose of the Form I-9 under the Immigration Reform and Control Act of 1986 is:
For the employer to document illegal aliens working in the United States.
For the employer to grant a waiver from work visa requirements for foreign workers.
To document that the employer is complying with the Civil Rights Act of 1964 with respect to employment discrimination on the basis of national origin.
For the employer to attest to having inspected an employee’s documentation showing that the employee is entitled to work in the United States.

Answer 21

For the employer to attest to having inspected an employee’s documentation showing that the employee is entitled to work in the United States.

Question 22

Unemployment compensation amounts are determined by:
The state governments, without any restrictions by the federal government.
The federal government.
The insurance companies providing unemployment insurance.
The state governments, within general guidelines of the federal government.

Answer 22

The state governments, without any restrictions by the federal government.

Question 23

Which of the following is true about unemployment benefits?
Employees are eligible to receive benefits regardless of the reason that employment ends.
Once awarded, a recipient of unemployment benefits will be entitled to collect the award even if the employee finds other work.
Because they are set at the federal level, unemployment benefits are the same in every state.
The taxes to support the unemployment benefits program are paid by the employer.

Answer 23

The taxes to support the unemployment benefits program are paid by the employer.

Question 24

Which of the following is not true regarding Social Security?
A person with a high level of wages pays the full rate of Social Security tax on only a portion of her wages.
Benefits include retirement benefits and survivors’ benefits to family members of deceased workers.
The amounts paid in by a worker during her working career are accumulated to be paid out during the worker’s retirement years.
A self-employed person must pay both the employee and employer portions of the tax.
The Social Security tax for an employee is paid partly by the employee and partly by the employer.

Answer 24

The amounts paid in by a worker during her working career are accumulated to be paid out during the worker’s retirement years.

Question 25

Which of the following is true about the Social Security system?
Survivors of workers can receive benefits.
The amounts paid in by a worker are accumulated and then paid back out to the worker with amounts added for taxes.
In order to receive benefits, a recipient must have worked and paid into the system.
Self-employed persons are exempt from paying Social Security taxes.

Answer 25

Survivors of workers can receive benefits.

Question 26

Which of the following statutes places an affirmative duty on employers to bargain in good faith with unions?
The Norris-LaGuardia Act.
The National Labor Relations Act.
The Labor-Management Relations Act.
The Worker Adjustment and Retraining Notification Act.
The Labor-Management Reporting and Disclosure Act.

Answer 26

The National Labor Relations Act.

Question 27

The National Labor Relations Board supervises all elections for union representation.
True
False

Answer 27

False

Question 28

Employers may prevent all union solicitation on their company property.
True
False

Answer 28

False

Question 29

Section 8(a) of the National Labor Relations Act prevents employers from interfering with employee’s rights to form a union.
True
False

Answer 29

True

Question 30

Section 7 of the National Labor Relations Act limits employees’ right to join together to form a union.
True
False

Answer 30

False

Question 31

Union solicitation may be conducted by employees at all times, as the employer is required by law to provide an accessible area on company property for this purpose.
True
False

Answer 31

False

Question 32

Where an unfair labor practice has been found, the court may issue a cease-and-desist order and may set aside an election and order a new election.
True
False

Answer 32

True

Question 33

Employers and unions are required to negotiate in good faith.
True
False

Answer 33

True

Question 34

Some subjects, such as wages and hours, are compulsory subjects of collective bargaining.
True
False

Answer 34

True

Question 35

The Worker Adjustment and Retraining Notification Act exempts an employer from giving notice of an otherwise covered layoff or plant closing if:
Rumors of the closing already existed at the time the notice would have been required.
The giving of notice would work an undue hardship on the employer.
The employees are not represented by a union.
The employees are represented by a union.
The employer was seeking capital investment in the business, and notice of the layoff or closing would have precluded the employer from acquiring the capital.

Answer 35

The employer was seeking capital investment in the business, and notice of the layoff or closing would have precluded the employer from acquiring the capital.

Question 36

It is illegal for workers to strike if there is a no-strike clause as part of a negotiated agreement.
True
False

Answer 36

True

Question 37

Picketing cannot lawfully prohibit customers from entering the employer’s place of business.
True
False

Answer 37

True

Question 38

The Equal Employment Opportunity Commission is responsible for enforcing most federal antidiscrimination laws.
True
False

Answer 38

True

Question 39

The Equal Employment Opportunity Commission has the power to do the following except:
Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes.
Conduct investigations related to the antidiscrimination laws.
File suits to enforce antidiscrimination statutes on behalf of complainants.
Interpret antidiscrimination statutes.

Answer 39

Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes.

Question 40

Which is true about the two kinds of discrimination that are actionable under Title VII?
Disparate treatment refers to individuals and disparate impact refers to protected classes.
Disparate impact and disparate treatment are both based on how an employer treats a protected class.
Disparate impact and disparate treatment are both based on how an employer treats a specific individual.
Disparate impact refers to individuals and disparate treatment refers to protected classes.

Answer 40

Disparate treatment refers to individuals and disparate impact refers to protected classes.

Question 41

Title VII of the Civil Rights Act of 1964 applies to employers with five or more employees.
True
False

Answer 41

False

Question 42

Which is true if someone believes that he was fired from a job because of his religion?
He must prove that the person who fired him is of a different religion.
He will not have a claim if the employer has a disproportionately high number of employees of the same religion.
He must prove that he is a reasonably active practitioner of his religion.
He must first file a complaint with the Equal Employment Opportunity Commission or an equivalent state agency prior to being able to file suit in court.

Answer 42

He must first file a complaint with the Equal Employment Opportunity Commission or an equivalent state agency prior to being able to file suit in court.

Question 43

If a party has presented a complaint to the Equal Employment Opportunity Commission about alleged discrimination in violation of the Civil Rights Act of 1964, and the EEOC decides not to bring a suit on behalf of the employee, the EEOC will issue a(n):
Notice of the complainant’s right to appeal to the appropriate court of appeals.
Right to sue letter.
Judgment in the employer’s favor.
Order of dismissal of the complaint.
Injunction to prevent the illegal behavior in the future.

Answer 43

Right to sue letter.

Question 44

Under the Civil Rights Act of 1964, an employer cannot discriminate against a member of a protected class in:
  Hiring.  
  Promotion.  
  Conditions of Employment. 
  Termination of employment.  
  All of these are correct.

Answer 44

All of these are correct.

Question 45

A successful plaintiff in a Title VII action may not recover attorneys’ fees.
True
False

Answer 45

False

Question 46

In deciding sexual harassment cases, some courts have applied:
  The liberal society standard. 
  The reciprocal conduct standard.  
  The reasonable woman standard. 
  The workplace reality standard.

Answer 46

The reasonable woman standard.

Question 47

The Age Discrimination in Employment Act makes it illegal for:
Employers to have a workforce comprised primarily of very young or very old workers.
Employers to hire only employees who are age 40 and over.
Employers to have a seniority system.
Employers to have a mandatory retirement age for most jobs.
Employers to know the age of job applicants before making a hiring decision.

Answer 47

Employers to have a mandatory retirement age for most jobs.

Question 48

Which of the following is true about the Americans with Disabilities Act?
It not only prevents discrimination based on disabilities, but employers can be required to incur costs in order to accommodate disabled individuals in their jobs.
It clearly sets limits and requirements relevant to employers.
It requires employers to ask about an applicant’s disabilities so that the employer knows if the applicant is covered.
It affects only the employment of persons with disabilities.

Answer 48

It not only prevents discrimination based on disabilities, but employers can be required to incur costs in order to accommodate disabled individuals in their jobs.

Question 49

Under the Civil Rights Act of 1866, there is no cap on the recovery of compensatory or punitive damages.
True
False

Answer 49

True

Question 50

Which of the following would not qualify as a disability under the Americans with Disabilities Act?
Mike’s inability to use his arms.
Aaron’s past addiction to cocaine.
Pat’s inability to make it through the day without several drinks of alcohol.
The impression among many people that Sandy is disabled due to a leg injury when, in fact, her leg functions normally.

Answer 50

Pat’s inability to make it through the day without several drinks of alcohol.

Question 51

Which of the following is true?
The Age Discrimination in Employment Act protects all workers against being discriminated against because they are thought to be too old.
Protected classes under Title VII of the Civil Rights Act of 1964 include race, national origin, and sexual preference.
Pay differences due to seniority differences and differences in amounts earned under a commission pay plan are not acceptable if they result in different pay for male and female employees.
Under the Americans with Disabilities Act, an employer is required to provide reasonable accommodations to enable a disabled person to perform a job.

Answer 51

Under the Americans with Disabilities Act, an employer is required to provide reasonable accommodations to enable a disabled person to perform a job.

Question 52

One major reason for suing under Section 1981 of the Civil Rights Act of 1866 rather than the Civil Rights Act of 1964, is that the Civil Rights Act of 1866:
Has broader coverage.
Allows for a private action to be instituted without going to the EEOC.
Allows for the recovery of greater damages.
A, B, and C.
B and C only.

Answer 52

B and C only.

Question 53

The Americans with Disabilities Act requires that:
Applicants for jobs are asked about their disabilities in order to identify them.
Persons with disabilities notify a potential employer of disabilities prior to being hired.
Employers make reasonable accommodations to accommodate employees’ disabilities.
Newly hired employees have physical examinations to identify disabilities.
Persons with qualifying disabilities receive preference in hiring whenever possible.

Answer 53

Employers make reasonable accommodations to accommodate employees’ disabilities.

Question 54

One of the “factors other than sex” that justifies lower wages for women under the Equal Pay Act is that women are willing to work for less money than men are.
True
False

Answer 54

False

Question 55

Shift differentials are allowed under the Equal Pay Act of 1963.
True
False

Answer 55

True

Question 56

The employer bears the burden of proving that there is a legal justification for paying unequal wages to male and female workers.
True
False

Answer 56

True

Question 57

Sex discrimination as per the Title VII definition applies only to men.
True
False

Answer 57

False

Question 58

Which is true about the two kinds of discrimination that are actionable under Title VII?
Disparate treatment refers to individuals and disparate impact refers to protected classes.
Disparate impact and disparate treatment are both based on how an employer treats a protected class.
Disparate impact and disparate treatment are both based on how an employer treats a specific individual.
Disparate impact refers to individuals and disparate treatment refers to protected classes.

Answer 58

Disparate treatment refers to individuals and disparate impact refers to protected classes.