Focus Flashcards
1
Q
Which employment at will exception does this situation falls under?
“Fires an employee just prior to that employee gaining “fully vested” status”
A
Implied Covenant of Good Faith and Fair Dealing
2
Q
Which employment at will exception does this situation falls under?
“Fires employee to avoid paying a large commission”
A
Implied Covenant of Good Faith and Fair Dealing
3
Q
Which employment at will exception does this situation falls under?
“Fires an employee because he/she wouldn’t “cook the books””
A
Public Policy Exception
4
Q
Which employment at will exception does this situation falls under?
“Fires an employee for missing work due to jury duty”
A
Public Policy Exception
5
Q
Which employment at will exception does this situation falls under?
“Fires an employee even though the discipline policy in the employee handbook wasn’t followed”
A
Implied Contract Exception
6
Q
Which employment at will exception does this situation falls under?
“Fires an employee for filing a workers’ compensation claim”
A
Public Policy Exception
7
Q
Which employment at will exception does this situation falls under?
“Fires employee for requesting FMLA”
A
Public Policy Exception
8
Q
Which employment at will exception does this situation falls under?
“During a performance review, supervisor tells employee she is doing a great job and will have her job for a long time”
A
Implied Contract Exception
9
Q
Which employment at will exception does this situation falls under?
“Fires an employee for participating in a sexual harassment investigation”
A
Public Policy Exception
10
Q
Which employment at will exception does this situation falls under?
“Manager ignores sexual harassment and employee quits because of it”
A
Constructive Discharge
11
Q
What happens if there is a competing union that has 30% interest as well?
A
Vote is held for no union, union #1, or union #2
12
Q
What happens if the parties cannot agree on election specifics?
A
Election is set according to NLRB rules
13
Q
What happens if either the employer or union interfere with employees’ freedom of choice?
A
Election results are set aside
14
Q
Wages falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Mandatory
15
Q
Union Procedure for Ratifying Contracts falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Permissive
16
Q
Union Attempt to Negotiate a Closed Shop Agreement falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Prohibited
17
Q
Hours falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Mandatory
18
Q
Attempts to modify the union certification falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Permissive
19
Q
Corporate Social or Charitable Activities falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Permissive
20
Q
Discriminatory Employment Practices falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Prohibited
21
Q
Annual Bonuses falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Mandatory
22
Q
Shift Premiums falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Mandatory
23
Q
Specifying When Workers May Strike falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Prohibited
24
Q
Changes to NLRA Standards falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
A
Prohibited
25
Pension Plans falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
Mandatory
26
Strike Settlement Agreements falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
Permissive
27
Employer Controlled Pricing in Vending Machines falls under which bargaining subject?
1) Mandatory
2) Permissive
3) Prohibited
Mandatory
28
Workers from Local 54 at All Toys, Inc. decide to strike without getting approval of the union.
Which type of strike or protest would be best for this action?
a) Wildcate Strike
b) Economic Strik
c) Impasse
d) Lockout
e) Unfair Loabor Practice Strike
f) Boycott
Wildcat Strike
29
The union decides to strike because it wants higher profit sharing for All Toys, Inc. workers.
Which type of strike or protest would be best for this action?
a) Wildcate Strike
b) Economic Strik
c) Impasse
d) Lockout
e) Unfair Loabor Practice Strike
f) Boycott
Economic Strike
30
During the collective bargaining process, the union and management cannot agree to terms related to shift premiums.
Which type of strike or protest would be best for this action?
a) Wildcate Strike
b) Economic Strik
c) Impasse
d) Lockout
e) Unfair Loabor Practice Strike
f) Boycott
Impasse
31
Management at All Toys, Inc. is frustrated with the union's demands and refusal to bargain; therefore, replacement employees for the striking workers are hired.
Which type of strike or protest would be best for this action?
a) Wildcate Strike
b) Economic Strik
c) Impasse
d) Lockout
e) Unfair Loabor Practice Strike
f) Boycott
Lockout
32
Workers at All Toys, Inc. strike because they believe management is not bargaining in good faith.
Which type of strike or protest would be best for this action?
a) Wildcate Strike
b) Economic Strik
c) Impasse
d) Lockout
e) Unfair Loabor Practice Strike
f) Boycott
Unfair Labor Practice Strike
33
Consumers refuse to buy products from All Toys, Inc. because they do not agree with its business practices.
Which type of strike or protest would be best for this action?
a) Wildcate Strike
b) Economic Strik
c) Impasse
d) Lockout
e) Unfair Loabor Practice Strike
f) Boycott
Boycott
34
Your friend, Missy at Big Box, Inc. calls you to get knowledge on Bobby Boxer an applicant she is considering. You are hesitant to provide any information because you are worried about repercussions, but Missy explains to you that you are protected under the law as long as you keep your comments related to the work Bobby performed while he was employed at your organization.
Which concept best fits this Scenario?
a) Freedom of Speech
b) The Fourth Amendment
c) Respondeat Superior Doctrine
d) Liable
Respondeat Superior Doctrine
35
Your friend, Rashad, asks you to borrow $100 and states he will pay you back next week.
Which concept best fits this Scenario?
a) Implied Contract
b) Explicit Contract
c) Collective Bargaining Agreement
d) Informal Agreement
Explicit Contract
36
A person who works for an organization for a wage or salary.
Which concept best fits this Scenario?
a) Contractor
b) Employee
c) Sub-Contractor
d) Part-Time Employee
Employee
37
Roe v. Wade was decided at the Supreme Court level and thus became "law."
Which concept best fits this Scenario?
a) Precendent
b) Judicial Decision
c) Common Law
d) Doctrine
Common Law
38
You hire Miquel and during his offer interview, you state that the salary is $62,000 per year. After six months, Miquel's supervisor decides he is not right for the job or organization and fires him. Miquel believed he would be there for a year because of how his salary was quoted.
Which concept best fits this Scenario?
a) Explicit Contract
b) Implied Contract
c) Collective Bargaining Agreement
d) Negotiation
Implied Contract
39
You are the HR Generalist for Little Manufacturing Co. A big project just came in and your boss has directed you to deny all FMLA leave requests. You explain that you can't do that because Little Manufacturing has 75 employees and is bound by law to offer FMLA to eligible employees with qualifying events. Your boss storms off in a huff. A week later, Saree, a full-time supervisor in the accounting department requests FMLA due to her impending labor and provides documentation from her doctor. You grant her the leave and then are subsequently fired.
Which concept best fits this Scenario?
a) Public Policy Exception
b) Pregnancy Discrimination Act
c) Implied Covenant of Good Faith and Fair Dealing
d) Whistleblower Protection
Public Policy Exception
40
This allows you to quit your job without repercussions and also allows the employer to fire you at any time for any legal reason; i.e., no notice is required by either side when terminating the employment relationship.
Which concept best fits this Scenario?
a) Employment At Will
b) Employment Agreement
c) Union Contract
d) Freedom of Speech
Employment At Will
41
No employment law can override this.
Which concept best fits this Scenario?
a) Federal Law
b) State Law
c) Bill of Rights
d) Constitutional Rights
Constitutional Rights
42
ABC Company and XYZ Corporation share a CEO and HR Director and both use the same employee manual.
Which concept best fits this Scenario?
a) Joint Employer
b) Limited Partnership
c) Integrated Enterprise
d) Board of Directors
Integrated Enterprise
43
The test that bases the determination of independent contractor status on whether the worker supplies his/her own protective equipment.
Which concept best fits this Scenario?
a) Common Law Agency Test
b) Economic Realities Test
c) IRS 20-Factor Analysis
d) Agency Relationship
IRS 20-Factor Analysis
44
A jewelry store in the mall has noticed over time small amounts of jewelry have gone missing. The employer decides to conduct an investigation and wants to interview employees.
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
Polygraph! As long as the protocols are followed, employers who have cause can choose to administer a polygraph to employees when a substantial loss happens.
45
A transportation company is hiring for new drivers. The company already runs a driving record background check.
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
Drug/Alcohol! Employers can choose to administer drug/alcohol tests to employees and perspective employees to ensure safety.
46
The job of the firefighter is very physically demanding and requires lifting, running, climbing, lifting, and long periods of strenuous activity.
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
Medical/Physical! When the job requires strenuous activity, employers often administer physical ability tests.
47
Pollyanna Co. has an ethics code of which it is extremely proud. It wants to ensure any candidates who it interviews are also ethical and will identify with its ethics policy.
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
Honesty Testing! Honesty/integrity tests are often used to ensure a good person-organizational fit.
48
Before Hullabaloo Inc. decides on medical insurance premiums for its employees, it wants to assess the health of current employees to determine if they have pre-existing conditions or if they are likely to develop diseases in the future.
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
None Allowed! Employers can administer medical/physical tests but not to discriminate against employees in terms of employment including benefits.
49
Phil, an employee at Ooopsie, LLC had an accident on the job. Ooopsie immediately decides to investigate. Which test would be most appropriate under the circumstances?
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
Drug/Alcohol! There are no laws that prevent employers from administering drug/alcohol tests and they are at the perogative of the employer to ensure a drug-free workplace.
50
Big Box Super Store wants to inspect employee lockers that it provides including all of the contents.
Which type of testing would be appropriate under law?
a) Poylgraph
b) Medical/Physical
c) Drug/Aclcohol
d) Honesty Testing
e) None Allowed
None allowed! While Bix Box could inspect lockers, it would not be able to search purses and backpacks unless it has reasonable suspicion and employees are notified of the possibility ahead of time.
51
I can't believe they hired that kid out of college when James has 20 years experience.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
ADEA
52
I'm not going to hire any women.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Disparate Treatment
53
If you would like a new chair because of back problems, please provide a doctor's note.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Reasonable accommodation
54
If you sleep with me, I'll let you choose your next assignment.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Quid Pro Quo harassment
55
We have to do a credit check for anyone working in our plant.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Disparate Impact
56
Marquis got hurt and now cannot groom himself without assistance.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Disability
57
If I give Sasha every Saturday off because of religious reasons, Andre then has to work.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Undue hardship
58
These lewd, bias jokes are inappopriate and happen too much!
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Hostile environment
59
We are going to "right" the "wrongs" of the past at Right Way, Inc.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Affirmative Action
60
You have to be a woman to be a ladies' washroom attendant at Fancy, Inc.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
BFOQ
61
I'm a woman, was qualified, applied for that job, was denied, but they kept the posting up.
Which law or correspondance best fits this statement?
a) Disparate Treatment
b) Disparate Impact
c) Establishing a Prima Facie Case
d) Quid Pro Quo Harassment
f) BFOQ
g) Hostile Environment
h) Undue Hardship
i) Resonable Accommodation
j) ADEA
k) Affirmative Action
l) Disability
Establishing a prima facie case
62
A legal remedy that allows a court to order individuals to refrain from acts which will do “irreparable harm” is known as a:
a) Federal call to work
b) Federal call to action
c) Federal injunction
d) Federal warrant
Federal Injunction
63
The Clayton Act prohibited the elimination of unions and expressly removed union organizing efforts from the “anti-combination” language in which act?
a) Federal Anti-Trust Act
b) Labor Management and Disclosure Act
c) Norris-LaGuardia Act
d) Sherman Anti-Trust Act
The Sherman Anti-Trust Act
64
In an effort to empower union members and to reduce union elite corruption, Congress enacted the:
a) Labor-Management Reporting and Disclosure Act
b) Labor-Management Relations Act
c) Taft-Hartley Act
d) Norris-LaGuardia act
Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)
65
Picketing other business that provide good and services to the union’s employer is known as:
a) An unfair labor practice
b) Bad faith bargaining
c) A boycott
d) Economic Striking
Economic Strike
66
An employer’s decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________.
a) Discriminatory intent
b) Retaliation
c) Racism
d) Disparate impact
Discriminatory Intent
67
Which of the following is not something a complaining party must show in a case of pretext?
a) The complaining party was previously employed by the employer in question
b) The complaining party was qualified for the position
c) The complaining party was denied the position
d) The employer kept looking to fill the position
The complaining party was previously employed by the employer in question
68
Money awards may take the form of back pay for up to ________, for the time an employee was not working.
a) Six months
b) Eighteen months
c) Two years
d) One year
Two Years
69
The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following?
a) They suffer an adverse employment action
b) They have small children
c) They are qualified for the job
d) Similarly situated workers of the same gender, without small children, are treated differently
Similarly situated workers of the same gender, without small children, are treated differently
70
The ADEA applies to public and private employers and unions with more than _______ employees.
a) Thirty
b) Twenty
c) Fifteen
d) Fifty
Twenty
71
Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability.
a) Reasonable accommodation
b) Discrimination protection
c) Discriminatory measures
d) Disqualifiers
Reasonable accommodation
72
A clear definition of religion has proved elusive because:
a) People can only perceive religion through their own understanding
b) Religious beliefs are so diverse and uniquely personal
c) The meaning of “religion” has changed many times over the past century
d) Religion is impossible to define
Religious beliefs are so diverse and uniquely personal
73
Religious communication can create undue hardship on an employer if it disrupts the work of other employees or:
a) Constitutes unlawful harassment
b) Represents an unpopular religion
c) Is based on a religion that differs from the majority of customers
d) All of the above
Consitutes unlawful harassment
74
The Rehabilitation Act of 1973:
a) Governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities
b) Expanded previous federal responsibilities for research for disabled persons
c) Expanded training programs with respect to disabled persons
d) All of the above
Governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities
75
What is Judicial Affirmative Action?
a) Affirmative action applied to government offices
b) Affirmative action applied to private parties in discrimination lawsuits
c) Affirmative action set in place to ensure the judicial system has enough ethnic diversity
d) Affirmative action applied to federal contractors
Affirmative action applied to private parties in discrimination lawsuits
76
Which of the following is not part of the documentation needed for an alien to work in the United States?
a) Valid passport
b) Border crossing identification card
c) U.S. employment identification card
d) Permanent resident card
U.S. employment identification card
77
Employers are often hesitant to provide detailed references about former employees due to the risk of:
a) Perjury
b) Discrimination
c) Tort liability
d) Title VII violations
Tort Liability
78
The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act?
a) OSHA
b) FLSA
c) FLMA
d) ERISA
ERISA
79
What governs drug testing of private employees?
a) State law
b) Federal law
c) Common law
d) Common torts
State Law
80
The Electronic Communications Privacy Act (ECPA) prohibits employers from purposefully intercepting by electronic means any employee wire, oral, or electronic communications, as well as:
a) Accessing, without permission, personal working areas
b) Firing an employee for posting on a non-work related website during working hours
c) Accessing, without permission, stored electronic communications
d) Taking disciplinary actions based on social media content
Accessing, without permission, stored electronic communications
