Chapter 29 Practice Test

C. The Norris-LaGuardia Act.

1932, Congress passed what legislation prohibiting federal court injunctions in nonviolent labor disputes, thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends? A. The Labor-Management Relations Act. B. The National Labor Relations Act C. The Norris-LaGuardia Act. D. The Sherman Act.

B. False

A collective bargaining agreement (CBA) is formed between the National Labor Relations Board (NLRB), management, and a union. A. True B. False

D. negotiated between a company's management and a union.

A collective bargaining agreement, or CBA, is: A. negotiated on a one-on-one basis by each employee and his or her manager. B. determined by a union and voted on by the company's management. C. determined by a company's management and voted on by each individual employee. D. negotiated between a company's management and a union.

D. states that the particular worker requests the specified union to act as his or her sole bargaining representative.

A union authorization card: A. states that the particular worker agrees to go on strike. B. states that the employer authorizes the union as the bargaining unit. C. says that the employer authorizes the union to hold meetings. D. states that the particular worker requests the specified union to act as his or her sole bargaining representative.

A. The union cannot strike because of the no-strike clause in the contract.

A union declares its workers are going on strike. The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. The union claims the CBA's no-strike provision is not binding since new union leadership is in place. Which of the following statements is correct? A. The union cannot strike because of the no-strike clause in the contract. B. The union cannot strike, as strikes to exert economic pressure on management are prohibited by the NLRA. C. The union can strike because no-strike provisions have been ruled by the courts to be unenforceable. D. The union can strike because new leadership is now in control.

A. True

A union must petition the NLRB for an election if the employer does not voluntarily recognize the union. A. True B. False

D. even if not approved by the company's top executives.

According to contract law, oral promises made during the hiring process can be enforceable: A. even if the company does not hire the employee. B. only if approved by the company's top executives. C. only if the employee is an employee at will. D. even if not approved by the company's top executives.

B. nothing, as Adam's sister is not covered under the FMLA's definition of "immediate family."

Adam works at AI Co., a multinational corporation. Adam's sister is bedridden with an illness. She has thrice been taken to the hospital for tests and check-ups. Her doctor suggests immediate hospitalization and predicts a subsequent stay for the duration of at least two months. If Adam plans to take leave from his job to take care of his sister, he is, under the FMLA, entitled to: A. unpaid leave for the duration of his sister's treatment, up to a period of 12 weeks. B. nothing, as Adam's sister is not covered under the FMLA's definition of "immediate family." C. nothing, as the FMLA's definition of "serious health condition" is not satisfied. D. paid leave for the duration of his sister's treatment.

B. False

Because the activities occur offsite and outside of working hours, employers are always prohibited from firing an employee for activities they take part in on the weekend. A. True B. False

C. Yes, because it should require employees to wear gloves that are impermeable to blood.

Beth works in a medical lab. One day she spills a vial of blood. The blood seeps through the cotton gloves the lab gave her to wear and gets into a cut on her finger. As a result, Beth decides to get an HIV test to make sure she has not been infected. Does the lab need to worry about an OSHA violation in this situation? A. No, because the act of dropping a vial of blood is not likely to cause death or serious physical harm. B. No, because Beth's exposure to the blood was due to her own carelessness. C. Yes, because it should require employees to wear gloves that are impermeable to blood. D. Yes, because it should not have any blood in the lab that might be HIV positive.

B. No, because the change would require union approval.

Bethany works at Burly Bike Co., where she assembles bicycles. Bethany is part of a union. Her contract requires her to put together six bicycles per hour, but her manager tells her that this is too easy for her, so he is going to start expecting eight bicycles an hour. Can the employer make this change? A. No, because assembling eight bikes an hour might make Bethany sacrifice on quality. B. No, because the change would require union approval. C. Yes, as long as Bethany agrees. D. Yes, because six bicycles is too easy for Bethany.

D. this is something that could be addressed in the next round of collective bargaining.

Bethany works at Burly Bike Co., where she assembles bicycles. Her current contract requires her to put together six bicycles per hour, but she has a difficult time maintaining this pace. She complains to her union rep, who likely tells her: A. that Bethany should go on strike tomorrow. B. that, despite being part of the union, this is something Bethany must negotiate on her own. C. that is beyond the scope of what the union can negotiate. D. this is something that could be addressed in the next round of collective bargaining.

D. No, because the strike was an economic strike.

Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for higher wages and better benefits. Shortly thereafter, the company began hiring permanent replacement workers. After a hard eight-month strike, the union and the company reached an agreement. When the strike was over, Connie was upset that she was not given her job back. The replacement worker that took over her job was retained. She believes she has a legal right to her job, especially since she was a faithful employee for over 20 years. Is Connie right? A. Yes, because the strike was an ULP strike. B. Yes, because the strike was an economic strike. C. No, because the strike was an ULP strike. D. No, because the strike was an economic strike.

B. only if Dennis exhibited behavior that would be potentially dangerous.

Dennis is applying for employment at EverTough Manufacturing. As a general rule, Dennis's former employer, Blackaw Co. has legal obligation to disclose information about Dennis to EverTough: A. only if Dennis has given his written consent to the sharing of information about himself to potential employers. B. only if Dennis exhibited behavior that would be potentially dangerous. C. under no circumstances. D. if EverTough requests information about his work history.

B. Willie has no legal recourse, unless Donny violated public policy.

Donny fired Willie. If Willie is an at will employee, what is true? A. Donny is immune from lawsuit because there is no contract. B. Willie has no legal recourse, unless Donny violated public policy. C. Willie has no legal recourse because he is an employee at will. D. Willie has no legal recourse, unless Donny committed a criminal act.

B. any employee working without an employment contract for an employer.

During the Industrial Revolution, society considered an employee at will as: A. an employee who worked alternately between different employers. B. any employee working without an employment contract for an employer. C. an employee bound by an explicit employment contract. D. any employee willing to work for the employer.

C. Sarbanes-Oxley Act

Edwin provided evidence of falsified financial reporting at his employer, a publicly traded company, to federal securities investigators. Edwin receives whistleblower protection under the _____. A. Employee Polygraph Protection Act B. Civil Service Reform Act C. Sarbanes-Oxley Act D. Consumer Protection Act

B. Unfair labor practices strike

For which of the following strikes, permitted under the NLRA, is a union member entitled to her job back, even if that means the employer must lay off a replacement worker? A. Economic strike B. Unfair labor practices strike C. Sit-down strike D. Violent strike

B. False

Generally, worker's compensation statutes are voluntary and employers can elect to participate or not. A. True B. False

D. Not having records of all workplace injuries and accidents is a violation of OSHA.

Gilbert is an OSHA inspector. He visits Acme Co. after an accident where an employee was hurt. In talking to the plant manager, he is told the plant has had a few accidents in the past, but the manager doesn't really remember the details and there aren't any records of what happened. Gilbert tours the plant and finds it is up to code. Yet, he still issues a citation to the plant. Why? A. OSHA says that anytime an accident occurs and an employee is injured, the employer is automatically fined. B. Gilbert thinks the plant should go beyond what is required by OSHA to promote workplace safety. C. OSHA says that anytime an accident occurs in the workplace the employer is automatically fined, whether or not an employee is hurt. D. Not having records of all workplace injuries and accidents is a violation of OSHA.

D. No, because the company has an obligation to keep the workplace free from hazards that are likely to cause death or serious injury.

Hank works in a doll factory, where he paints the faces on new dolls. The paint he uses emits strong fumes that after a few hours make Hank woozy. He also noticed that for the last few months, he has been getting migraine headaches. There is an exhaust fan in the room where he paints, but it stopped working a few months ago. Hank told his boss about his wooziness and headaches and the fact that the exhaust fan stopped working. His boss told him the fan would be expensive to replace, so Hank should just make sure he leaves the room when he takes his break every three hours. Would OSHA likely find this solution satisfactory? A. Yes, because Hank has not proven his headaches are caused by the paint fumes. B. No, because the employer should have required Hank to pay to fix the fan. C. Yes, because the company is already giving Hank more breaks than is required by law. D. No, because the company has an obligation to keep the workplace free from hazards that are likely to cause death or serious injury.

D. violate the National Labor Relations Act.

Hilary is the CEO of her company, which has a unionized workforce. She tells Waldo, the union head, that she knows they need to go through the motions of collective bargaining, but she can guarantee the two sides are not going to reach an agreement on wages and hours because she is just going to refuse any demands the union makes. Hilary's comments: A. are beyond the scope of collective bargaining rules. B. mean the union must continue to work under the old contract. C. mean the company does not have to participate in collective bargaining. D. violate the National Labor Relations Act.

B. The modern day rule remains the same, except under specific legal exceptions.

How does the modern day "employee at will" rule in the United States compare to the rule in place during the Industrial Revolution? A. The modern day rule holds that an employee at will may be fired only for a good reason. B. The modern day rule remains the same, except under specific legal exceptions. C. The modern day rule is exactly the same as in the industrial age with no exceptions. D. The modern day rule does not recognize the employee at will status.

A. In the absence of a specific legal exception, an employee at will can be fired for any reason.

How is the employment at will doctrine currently defined? A. In the absence of a specific legal exception, an employee at will can be fired for any reason. B. An employee can be fired only if the employee agrees that it is OK to do so. C. An employee cannot be fired. D. An employee can be fired for a good reason.

A. True

If an employee is an employee at will, the traditional rule was the employer could fire the employee for a good reason, a bad reason, or no reason at all. A. True B. False

C. the union must receive over 50% of the vote.

In a union election, in order for the union to become the exclusive representative of employees: A. the union must receive at least two-thirds of the vote. B. the union must receive at least 30% of the vote. C. the union must receive over 50% of the vote. D. the vote must be unanimous.

B. False

In reaction to the exploitation of workers during the Industrial Revolution, employing someone "at will" is now illegal in the United States. A. True B. False

A. True

In the 1950s, about 25% of the U.S. workforce belonged to a union. Today, only about 6.6% of all workers are union members. A. True B. False

C. unless the employee seems to be impaired.

The Equal Opportunity Employment Commission (EEOC) prohibits testing for prescription drugs: A. unless an accident has occurred. B. unless the employee has already failed a test for illegal drugs. C. unless the employee seems to be impaired. D. in all situations.

B. Yes, because the NLRA requires the parties to negotiate in good faith.

Jimmy is the union head at Hoffa Enterprises. He is about to start the collective bargaining process for a new contract. The first thing he says to the management representatives when he walks into the negotiating room is, "There's no reason to tell me what your side wants. I'll give you our demands and, if you don't meet them, we strike." Do Jimmy's comments violate the National Labor Relations Act (NLRA)? A. Yes, because strikes are illegal. B. Yes, because the NLRA requires the parties to negotiate in good faith. C. No, because Jimmy has exclusive right to represent the employees. D. No, because the NLRA does not require the two sides to reach an agreement.

D. Josh was acting alone, so the comments did not constitute collective action.

Josh was a teacher at a public elementary school. After school one day, he posted on his Twitter feed, "Gosh, my principal is unreasonable. The other teachers and the parents are also a bunch of clowns!" He was subsequently fired. The National Labor Relations Board (NLRB) decided the firing was legal. On what grounds could they have reached this conclusion? A. The comments were made online. B. The principal had recently received an award for being the best principal in the state. C. The statements were made outside of work. D. Josh was acting alone, so the comments did not constitute collective action.

D. Helping take care of horses at a local farm one day per week after school.

Katie is a thirteen-year-old student. She wants to make some extra money so that she can afford to buy a new set of skis and a season pass to her local ski resort. Keeping the Fair Labor Standards Act (FLSA) in mind, which of the following jobs might Katie want to consider? A. Because she is under fourteen-years-old, Katie cannot work in any job. B. Working in a bakery forty hours per week. C. Working at a shoe store on the weekends. D. Helping take care of horses at a local farm one day per week after school.

C. illegal since Lydia had a one-year contract.

Lydia moved to Lowell, Massachusetts, during the Industrial Revolution. At the time, Appleton Mills was desperate for workers and signed her to a one-year contract to operate a loom. Three months later, an influx of new workers arrived from the country, all of whom were willing to work for much lower wages than Lydia was receiving. Appleton fired Lydia and replaced her with a man from this group of new arrivals. This action was: A. illegal because firing a woman to hire a man was discriminatory. B. legal because contracts were not legally binding. C. illegal since Lydia had a one-year contract. D. legal since Lydia was an employee at will.

D. Whether Mac is an hourly employee or paid a salary.

Mac works as a bookkeeper for Robots R' Us. Due to the rush for robot orders near the Christmas holiday, Mac has been working 60 hour weeks. Which of the following is a determinant of whether Mac is entitled to overtime pay? A. Whether Robot's R' Us is located in Connecticut or California. B. Whether Mac's boss thinks the company can afford to pay Mac overtime. C. Whether Mac works from home or in an office. D. Whether Mac is an hourly employee or paid a salary.

D. Present anti-union views to employees.

Malcolm the manager hears that some nurses at the hospital want to form a union. Malcolm wants to prevent the union, as a raise in the nurses' salaries will come out of his bonus pay. Which of the following can Malcolm do without violating the NLRA? A. Demote any nurse who has been in another union in a previous job. B. Raise the nurses' salary significantly. C. Threaten to fire anyone who is involved in forming a union. D. Present anti-union views to employees.

A. does not have to give the striking employees their jobs back, because the strike was an economic strike.

Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. After the strike is over, Mega Corp.: A. does not have to give the striking employees their jobs back, because the strike was an economic strike. B. may hire additional workers without considering the striking employees who want their jobs back. C. must give the striking employees their jobs back, the strike was an unfair labor practices strike. D. must give the striking employees their jobs back, because the strike was an economic strike.

C. If the company wants to her to take a polygraph test, it needs to give her written notice and allow her to bring her lawyer.

Megan is applying for a job at a pharmaceutical company that sells opioids, a controlled substance. When she shows up for her interview, she is immediately taken to a room with a polygraph machine and told the first thing she needs to do is take a polygraph test. If Megan does not want to take the test, what defense might she use? A. She has no recourse; she has to take the test as requested. B. Polygraph tests are inaccurate. C. If the company wants to her to take a polygraph test, it needs to give her written notice and allow her to bring her lawyer. D. Private companies are not allowed to give applicants polygraph tests.

A. Yes, because the discussion included non-supervisory workers and focused on work conditions.

Nora and Jim both work as counter clerks at Fendly's Ice Cream Shop. They feel their working conditions are unacceptable. The pair create an online chat room, to which they invite Fendly's other counter clerks, and where the topic of conversation is the unreasonable conditions in their workplace. A Fendly's manager finds out about the chat room and fires Nora and Jim. Has Fendly's violated the National Labor Relations Act (NLRA)? A. Yes, because the discussion included non-supervisory workers and focused on work conditions. B. Yes, because the discussion occurred online. C. No, because the discussion occurred outside of working hours. D. No, because the discussion occurred online.

A. True

OSHA is the abbreviation used for both the Occupational Safety and Health Act and the Occupational Safety and Health Administration. A. True B. False

C. all workplace injuries and accidents.

OSHA requires employers to keep records of: A. workplace bullying. B. which employees are members of a union. C. all workplace injuries and accidents. D. only accidents that result in deaths.

A. True

Occupational Safety and Health Administration inspectors can levy fines on employers that violate OSHA regulations, as well as order them to comply with the rules. A. True B. False

B. False

Once they begin negotiating, a union and employer are obligated to continue until an agreement is reached. A. True B. False

C. engaged in an unfair labor practice.

Power, Inc., which operated a coal mine, suffered financial losses and had to lay off employees. The United Mine Workers of America (UMWA) began an organizing drive. A manager told one of the miners that the company would get rid of union supporters. Power has: A. created an unsafe work environment. B. clearly stated management's position on unionization. C. engaged in an unfair labor practice. D. done nothing wrong.

A. True

Prior to the Industrial Revolution, the primary law of employment was that, absent an agreement otherwise, a worker was hired for a year at a time. A. True B. False

C. would be liable to Roxanne only if there is a state statute prohibiting employers from adopting such job requirements.

Roxanne was fired from her job when her employer instituted a new policy that prohibited employees from smoking cigarettes. This requirement applied to off-duty time as well as job-related time. Roxanne claimed that she could not quit smoking and that she was wrongfully fired since she did not smoke in the workplace - only when she was outside the building and during off-duty time. The company: A. is not liable to Roxanne, because the United States Supreme Court has expressly ruled such a company policy does not violate the worker's right to privacy. B. is not liable to Roxanne, because the nonsmoking requirement is reasonable given the high cost of treating smoking-related illness. C. would be liable to Roxanne only if there is a state statute prohibiting employers from adopting such job requirements. D. has wrongfully fired Roxanne and is liable to her for damages.

A. True

Trico, Inc. offered its employees an additional week of vacation time if they defeated the unionizing effort. Trico has committed an unfair labor practice. A. True B. False

D. Civil Service Reform Act and Whistleblower Protection Act

Sally works for the U.S. Postal Service. She discovers that her manager has been running a mail fraud scheme, where he has friends send packages in the mail and then report them as missing or damaged. Sally reports her manager to the authorities. She should receive statutory protection under which acts? A. Sarbanes-Oxley Act and the Consumer Protection Act B. Whistleblower Protection Act and Sarbanes-Oxley Act C. Civil Service Reform Act and Sarbanes-Oxley Act D. Civil Service Reform Act and Whistleblower Protection Act

A. are generally illegal.

Secondary boycotts: A. are generally illegal. B. are neither expressly permitted nor prohibited under federal law. C. are generally legal provided the boycott does not involve public employees such as nurses or school teachers. D. are generally legal provided the boycott is peaceful.

B. employers are prohibited from interfering with union organizing efforts.

Section 8 of the National Labor Relations Act (NLRA) states that: A. federal court injunctions in nonviolent disputes are prohibited. B. employers are prohibited from interfering with union organizing efforts. C. a validly organized union is the exclusive representative of the employees. D. employees have a guaranteed right to join unions.

A. Toucan cannot stop the employees from organizing a union.

Several workers at Toucan, Inc., were interested in organizing a union. When Toucan's owners heard about the employees' discussions, they sent an e-mail to all the workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves—we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct? A. Toucan cannot stop the employees from organizing a union. B. If union activists from outside the company are involved in the unionization drive, Toucan can obtain an injunction halting the drive. C. If the union will hurt the company, Toucan can obtain an injunction halting the unionizing drive. D. As a small family business, Toucan can obtain an injunction halting the unionizing drive.

B. False

Some states have made following OSHA regulations mandatory. In others, the rules are recommended, but employers are not required to follow them. A. True B. False

D. Neither Susan nor Jeff is violating the NLRA.

Susan is a manager at HelioCorp, where Jeff is a non-supervisory worker. Jeff and some of his co-workers are trying to organize a union at the company. One morning, Jeff stands by the entrance to the plant and hands out flyers detailing why workers should join a union. Susan stands right next to him and hands out flyers explaining why a union would be terrible for the company. Who is violating the National Labor Relations Act (NLRA)? A. Susan is violating the NLRA, but Jeff is not. B. Jeff is violating the NLRA, but Susan is not. C. Both Susan and Jeff are violating the NLRA. D. Neither Susan nor Jeff is violating the NLRA.

A. applying for jobs at private multinational corporations dealing with information technology.

The Employee Polygraph Protection Act protects job applicants from being subjected to polygraph tests in cases of: A. applying for jobs at private multinational corporations dealing with information technology. B. applying for jobs at pharmaceutical firms dealing with controlled substances. C. applying for jobs in the public transport sector. D. applying for government jobs.

B. False

The Fair Labor Standards Act (FLSA) includes provisions governing workers' compensation. A. True B. False

C. does not apply to salaried staff such as professional or managerial employees.

The Fair Labor Standards Act: A. does not permit sixteen- and seventeen-year-olds to work unlimited hours in nonhazardous jobs. B. allows private companies to conduct drug and alcohol tests of their employees. C. does not apply to salaried staff such as professional or managerial employees. D. requires employers to keep their workplace free from recognized hazards.

A. True

The National Labor Relations Act (NLRA) guarantees employees the right to join unions. A. True B. False

A. True

The employees at City Salvage, Inc. went on strike. The employees are permitted to establish picket lines at the City Salvage to try to urge customers not to cross the line. A. True B. False

A. No, unless the NLRB first orders an election.

Wanda and some of her fellow employees think they want to form a union, but the employer does not want them to form one. Can they? A. No, unless the NLRB first orders an election. B. No, because unions must be recognized by the employers. C. Yes, if the NLRB forms the union. D. Yes, if at least 30% of the workers want a union.

A. any employee could be fired at the employer's discretion unless bound by a work contract.

The employment laws during the Industrial Revolution established that: A. any employee could be fired at the employer's discretion unless bound by a work contract. B. an employee could not leave his employment unless the employer allowed it. C. an un-contracted employee could be fired by the employer only under justifiable reasons. D. any employee could be fired at the discretion of the employer regardless of any contract.

C. pays benefits to workers who are retired, disabled, or temporarily unemployed and to the spouses and children of disabled or deceased workers.

The federal Social Security system: A. was created in the 1960s as part of the "Great Society" programs. B. collects taxes which go into a savings account for each covered worker. C. pays benefits to workers who are retired, disabled, or temporarily unemployed and to the spouses and children of disabled or deceased workers. D. is financed through ERISA.

A. True

The management and union at TriColor have bargained for two years without reaching an agreement. After notifying the union, TriColor prohibited the workers from entering the factory to work. This is a legal lockout. A. True B. False

D. The police force needs to consider all of these issues.

The police force of Holdon, a small town in Massachusetts, is considering going on strike. What does the union need to consider before making the decision? A. Whether Massachusetts has outlawed strikes by public employees. B. Whether the town has been given sixty days' notice. C. Whether the union has made a genuine effort to bargain in good faith. D. The police force needs to consider all of these issues.

B. for a year at a time, in the absence of a contract.

The primary English law of employment established that employees would be hired: A. only on the basis of a contract. B. for a year at a time, in the absence of a contract. C. for a maximum of one year's time. D. for the duration of the sowing and harvest seasons.

A. True

The workers at Thom Trucking went on strike over wages. Thom Trucking may hire permanent replacement workers and, when the strike is over, Thom Trucking has no obligation to lay off the replacement workers to make room for the strikers. A. True B. False

C. No, because this was not part of an on-going investigation.

To ensure that its employees did not use illegal drugs in or outside the workplace, Marvel Grocery Store required all employees to take a polygraph exam. Jagger was fired for refusing to take the polygraph test. Has the company acted legally regarding the polygraph test? A. Yes, because the purpose was to ferret out drug users. B. Yes, because polygraph tests are allowed under any circumstances. C. No, because this was not part of an on-going investigation. D. No, because polygraph tests are never allowed.

D. Yes, because the company interfered with the union organization.

Triec, Inc., is a small electrical contracting company in Springfield, Ohio, owned by its executives Yeazell, Jones, and Heaton. Employees contacted the International Brotherhood of Electrical Workers, which began an organizing drive. Six of the eleven employees in the bargaining unit signed authorization cards. The company declined to recognize the union, which petitioned the NLRB to schedule an election. The company then granted several new benefits for all workers, including higher wages, paid vacations, and other measures. When the election was held, only two of the eleven bargaining unit members voted for the union. Did the company violate the NLRA? A. No, because there was no shared community of interest. B. No, because the bargaining unit members voted against the union. C. Yes, because it declined to recognize the union. D. Yes, because the company interfered with the union organization.

B. eighteen months

Under COBRA, former employees must be allowed to continue their health insurance for a period of _____ after being terminated. A. eight months B. eighteen months C. six months D. twelve months

D. is the exclusive representative of all the designated employees.

Under Section 9 of the NLRA, a validly recognized union: A. does not preclude the company from bargaining directly with an employee in the collective bargaining unit. B. may be one of several organizations representing the designated employees. C. represents only the particular workers who want to be represented. D. is the exclusive representative of all the designated employees.

D. All of these are valid reasons.

Under the employee at will rule established during the Industrial Revolution, which of the following was not a valid reason for an employer to fire someone? A. The person was consistently late for work. B. The employer was having a bad day. C. The employee didn't say "hello" to his manager when he got to work. D. All of these are valid reasons.

C. employers must comply with specific health and safety standards.

Under the federal legislation known as OSHA: A. employees may monitor employers' email messages without risk of employee lawsuits. B. employees are obligated to keep their work area free from recognized hazards. C. employers must comply with specific health and safety standards. D. employees must keep records of general wellness at the workplace.

D. Under COBRA, she is entitled to continue her existing health coverage for up to 18 months.

Ursula loses her job two weeks before she is supposed to have her tonsils removed. She has already found another job that offers health insurance, but she won't start work for a few months. Ursula is afraid she is going to have to reschedule her surgery, because it would be too expensive to pay out of pocket. She is dejected, as her tonsils make her throat sore all the time. What fact might make Ursula feel better? A. Under ERISA, she is entitled to continue her existing health coverage for up to 18 months. B. Under the Social Security system, she is entitled to health insurance until she starts work. C. Under COBRA, her future employer must provide her with health insurance immediately. D. Under COBRA, she is entitled to continue her existing health coverage for up to 18 months.

A. True

Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. Valley Mart has committed an unfair labor practice. A. True B. False

C. No. Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours.

Vicky is a brain surgeon in California. On the weekends, she likes to blow glass. This requires Vicky to place her hands near large, hot ovens to heat the glass to its melting point. The director of the hospital where Vicky works tells her that if she doesn't stop blowing glass, he is going to have to fire her. His explanation is that the danger that Vicky will burn her hands is too great for the hospital to bear. Can the hospital legally fire Vicky for her glass blowing? A. No. The Americans with Disabilities Act says that the hospital must provide Vicky with reasonable accommodation for her glass blowing. B. Yes. Because Vicky would be unable to do her job if she burned her hands, the hospital can fire her. C. No. Because the hospital is in California, which protects the right of employees to engage in any lawful activity outside of working hours. D. Yes. Employers have the right to fire workers for off-duty conduct.

B. The teacher handbook demands formal hearings prior to any suspension or firing.

Wanda is a teacher at a public school in New Jersey. At a press conference she complains that standardized tests are worthless economic scams because the school board appropriates money for tests, pays a grading service, and buys "teaching guides." The school board has an emergency meeting and votes to fire Wanda immediately. What, if true, is Wanda's strongest argument in favor of her reinstatement? A. Wanda had a constitutional right to be a whistleblower. B. The teacher handbook demands formal hearings prior to any suspension or firing. C. The school board cannot restrict the speech of its employees. D. The school board does not usually have emergency meetings.

D. Employers may not require, or even suggest, that an employee or job candidate submit to a polygraph test except under a few exceptions.

What does the Employee Polygraph Protection Act do? A. Private employers may not use the polygraph test for any purpose. B. Employers may not require, or even suggest, that an employee or job candidate submit to a polygraph test with no exceptions. C. Employers may require an employee or job candidate to submit to a polygraph test. D. Employers may not require, or even suggest, that an employee or job candidate submit to a polygraph test except under a few exceptions.

C. The employer made an unfavorable reference AND the employer made an untrue statement about the employee.

What is necessary for an employee to win a defamation suit against a former employer? A. The employer made an untrue statement about the employee AND the employer revealed the former employee's salary. B. The employer made an untrue statement about the employee OR the employer revealed the former employee's salary. C. The employer made an unfavorable reference AND the employer made an untrue statement about the employee. D. The employer made an unfavorable reference OR the employer made an untrue statement about the employee.

C. At least 50% of the employees must favor the formation of a union.

What is true about union formation? A. Employees may not talk about union formation while on the job. B. The employer may not present anti-union views to its employees. C. At least 50% of the employees must favor the formation of a union. D. Employees have a right to discuss unionization with customers.

D. Occupational Safety and Health Administration

What organization is responsible for monitoring workplace safety? A. Federal Trade Commission B. Occupational Safety Hearing Association C. National Labor Relations Board D. Occupational Safety and Health Administration

C. Verbal promises made by the employer are generally enforceable.

What protections does common law provide during the hiring process? A. Employees must protect themselves to ensure that any promises made by the employer are legitimate. B. There are no common law protections during the hiring process. C. Verbal promises made by the employer are generally enforceable. D. Verbal promises made by the employer are generally unenforceable.

D. Yes, because it made false promises to her.

When Shiloh interviewed for a sales job at a medical supply company, the interviewer promised that she could work exclusively selling medical devices and would not have to be involved in the sale of drugs. Once she began work (as an employee-at will), Shiloh discovered that the sales force was organized around regions, not products, so she had to sell both devices and drugs. When she complained to her boss over lunch in the employee lunchroom, he said in a loud voice, "You are a big girl now—it's time you learned that you don't always get what you want." That afternoon, she was fired. Does she have a valid claim against the company? A. Yes, because this was cruel behavior on the part of the employer. B. It depends if she can prove intentional infliction of emotional distress. C. No. D. Yes, because it made false promises to her.

D. Occupational Safety and Health Act

Which of the following acts requires employers to keep records of all workplace injuries and accidents? A. Employee Polygraph Protection Act B. Fair Labor Standards Act C. Sarbanes-Oxley Act D. Occupational Safety and Health Act

D. All of these are unfair labor practices for an employer.

Which of the following are unfair labor practices for an employer? A. Interfering with union organizing efforts. B. Dominating or interfering with any union. C. Refusing to bargain collectively with a union. D. All of these are unfair labor practices for an employer.

D. All of these.

Which of the following is (are) requirement(s) of the Family and Medical Leave Act (FMLA)? A. It applies to employers with 50 or more employees. B. Employers subject to it must provide up to 12 weeks' unpaid leave for employees who have worked full time in the preceding 12 months. C. The leave may be for birth or adoption of a child or for medical emergencies. D. All of these.

A. To encourage an employer to discriminate against a particular employee because of a union dispute.

Which of the following is an unfair labor practice for a union? A. To encourage an employer to discriminate against a particular employee because of a union dispute. B. To bargain collectively. C. To engage in any strike or boycott. D. All of these are unfair labor practices by a union.

D. All of these are legal exceptions to the employment at will doctrine.

Which of the following is prohibited by the wrongful discharge legal exception to the employment at will doctrine? A. Firing someone for reasons that violate public policy B. Firing someone for their refusing to violate the law C. Firing someone for exercising a legal right D. All of these are legal exceptions to the employment at will doctrine.

D. Economic strike

Which of the following strikes is allowed under the National Labor Relations Act (NLRA)? A. Sit-down strike B. Partial strike C. Violent strike D. Economic strike

A. True

While the prior laws emphasized duties and responsibilities, the "employee at will" rule emphasized the freedom to contract. A. True B. False

B. False

Workers must sue their employers to receive workers' compensation benefits. A. True B. False

A. Bargain in good faith, but it is not obligated to reach a decision.

Xavier is the local union representative and seeks to enter negotiations with his employer, Halliborton. Xavier's local wants to improve working conditions, health and retirement benefits. After Halliborton hears the issues raised by Xavier, what must management do? A. Bargain in good faith, but it is not obligated to reach a decision. B. Offer counter proposals. C. Delineate mandatory versus permissive issues. D. Provide a written response to each issue raised.

C. No, if such meetings lower work productivity.

Xavier wants to form a union at his place of employment, Halliborton. Managers at Halliborton want to prevent the union. They post notices that forbid any meetings of employees during work hours to discuss unionizing. Is such a violation of the NLRA? A. Yes, because the workers have a right to meet during work hours. B. Yes, unless the employer believed the union was unwarranted. C. No, if such meetings lower work productivity. D. No, because employers may always limit union activity in the workplace.

A. Yes, regardless of whether the union wins the vote.

Xavier works as a security guard for Halliborton. Xavier is thinking about joining a union. Halliborton management learns about Xavier's interest and calls him in for a meeting. The management convinces Xavier that he might get a large raise and definitely a promotion if a union vote is defeated. Did management violate any laws through their discussion with Xavier? A. Yes, regardless of whether the union wins the vote. B. Yes, unless the union wins the vote. C. No, because the management has freedom to contract. D. No, if Xavier wants to join a union.

D. Yes.

Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. Her employer threatens to fire her if she talks with other workers about union activity in the presence of customers while she is working. Does the employer have a legal right to make this threat to Zoe? A. No. B. Yes, but only if expressly authorized by the National Labor Relations Board. C. Yes, but only if expressly authorized by state law. D. Yes.

C. Lifestyle laws

_____ protect the right of employees to engage in any lawful activity or use any lawful product while off duty. A. Libel laws B. Defamation laws C. Lifestyle laws D. Whistleblower laws