CH 17

Boz, a clerk for a Cheezy Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Boz must be given his job back if there is still work at the restaurant and the strike was a. a lawful economic strike. b. an "excuse" for a few days off. c. an unustified strike. d. an unlawful "practice" strike.

A

Eduardo is an employee of Free-Flo Plumbing Corporation. With respect to the workplace, under federal health and safety statutes, Free-Flo has a. a general duty to keep it safe and to meet specific standards. b. no general duty to keep it safe but must meet specific standards. c. no general duty to keep it safe or to meet specific standards. d. only a general duty to keep it safe.

A

Employees at Energy Resource Industries, Inc., want to form into a single union. To constitute an appropriate bargaining unit, a group of workers must have a. a mutuality of interest. b. at least one member of management willing to join the union. c. a variety of job skills and qualifications. d. geographical disparity.

A

Fresh Food Packaging Company employs workers, including Gregor, at six locations in two states. Fresh Food's discharge of Gregor outside the terms of an employment contract may result in a. Fresh Food's liability for damages. b. Gregor's deportation under the Immigration Act. c. discontinuance of Gregor's health-plan coverage. d. monitoring Fresh Food's communications for privacy violations.

A

General Auto Corporation, a U.S. employer, may hire Hilo, a noncitizen, if Hilo is a. a lawful permanent resident of the United States. b. an unlawful but hopefully permanent resident in the United States. c. an unlawful but only temporary resident in the United States. d. any of the choices.

A

Gus is an employee of Harden Steel Company. Under federal labor law, Gus and other employees have the right to a. bargain collectively with Harden through their representatives. b. insist that Harden require union membership as a condition of work. c. interfere with the efforts of others to form labor organizations. d. refuse to bargain with Harden through their representatives.

A

Heavy Hydraulics Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep oc¬cu¬pational injury and illness records for each employee if the employers have a. eleven or more employees. b. twenty-one or more employees. c. thirty-one or more employees. d. fifty-one or more employees.

A

Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by a. the employer. b. the individuals. c. the individuals' countries of origin. d. the U.S. Citizenship and Immigration Services.

A

Machine Operations, Inc. (MO) employs four hundred workers at three locations in three states. Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who a. are fired for gross misconduct. b. are laid off for budgetary reasons. c. have their hours decreased from full-time to part-time. d. quit their jobs voluntarily.

A

Myron is an employee of Nero. Either party can terminate the employ¬ment relationship at any time for any reason without liability. With re¬spect 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.

A

Socrates Software Corporation wants to hire Tomas, a noncitizen. To hire Tomas, Socrates must petition a. CIS. b. H1-B. c. ICE. d. RICO.

A

Sol believes that he has suffered as a result of Tom Turkey Processing, Inc.'s hiring of illegal immigrants. Sol has a direct cause of action against Tom Turkey under a. no current law. b. the Immigration Act of 1990. c. the Immigration Reform and Control Act of 1986. d. the McCarran-Walter Act of 1952.

A

Super Sales Corporation provides Tyrone and other salespersons with meals and lodging when they are on the road. Under federal law, the term wages may include, besides pay, the reasonable cost to Standard of fur¬nishing Tyrone with a. lodging and meals. b. lodging only. c. meals only. d. neither lodging nor meals.

A

Bunky is seventeen years old. Under the Fair Labor Standards Act, Bunky cannot work a. during school hours. b. in a hazardous occupation. c. more than eighteen hours per week. d. without a special permit.

B

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than a. eight hours in a day. b. forty hours in a week. c. 160 hours in a month. d. one year for the same employer.

B

Detailed Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is a. a "person of ethnic similarity to the employer's workforce." b. a "person of extraordinary ability." c. a "person of ordinary ability and ambition." d. a "person with an extraordinary work ethic."

B

Harde Work, Inc., employs 2,000 workers, of whom half are mem¬bers of Industrial Employees Union (IEU). LaZee Daze Company em¬ploys 1,000 workers, of whom none are union members. A hot-cargo agreement would be an agreement between Harde and a. Harde's employees if the agreement covers handling dangerous substances. b. IEU to boycott non-union products. c. LaZee Daze to boycott a product. d. LaZee Daze to refuse to hire IEU employees.

B

Lee works as an employee for Maximum Industries, Inc., a private em¬ployer. Maximum announces that it will start random drug testing of its employees. If Lee resists this policy, he may look for protection under a. a federal administrative agency rule. b. a state constitution or statute. c. the U.S. Constitution. d. all of the choices.

B

Nita works as an employee for Optimal Sales Corporation. To protect Nita and other employees from arbitrary discharge, courts have created excep¬tions to the employment-at-will doctrine based on a. an implied agency theory. b. a public policy theory. c. a standard operating agreement theory. d. a "fair and balanced" theory.

B

Recycled & Disposed Waste, Inc. (R&D), lays off fifty of its five hundred workers, including Sven. R&D can eliminate Sven's medical insurance coverage a. if R&D changes its group insurer. b. if R&D completely eliminates its group benefit plan. c. if Sven files a suit against R&D for wrongful discharge. d. under any circumstances.

B

Restaurant Employees Union is engaged in collective bargaining with Seaside Seafood Dining, Inc. The employer would show bad faith by a. compromising on particular issues. b. constantly shifting positions on disputed contract terms. c. not discussing union positions with employees. d. sending only bargainers who have authority to commit to a contract.

B

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.

B

Flem is an employee of Glo Goods, Inc. Flem reports to state officials that Glo is illegally shipping unsafe goods to unsuspecting customers. When Glo learns of Flem's report, Glo fires him. He successfully sues Glo for wrongful discharge. 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.

C

Holly takes temporary leave from her job at Interstate Trucking Company to care for her new baby. When she attempts to return to work, Interstate refuses to reinstate her. Under the Family and Medical Leave Act, Holly may be entitled to a. damages only. b. damages or job reinstatement only. c. double damages, job reinstatement, a promotion, and more. d. nothing.

C

Hoppy, who works as an employee for Imperial Power Corporation, suf¬fers an injury in an accident. Hoppy may 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.

C

Lyra is an employee of Micro Brewing Company. Micro fires Lyra on the basis of her gender, which violates a clear expression in a statute that does not cover Micro only because Micro has too few employees. Lyra successfully sues Micro for wrongful discharge on this basis, however. 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.

C

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, but not both. c. not a subpoena, a warrant, or the employer's consent. d. the employer's consent.

C

Unity Production Company is suspected of employing illegal immigrants. The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through a. CIS. b. H1-B. c. ICE. d. RICO.

C

18. Tedium Accounting Corporation, a private employer, handles bookkeeping for small employers. In most circumstances, with excep¬tions, federal law clearly pro¬hibits Tedium from subjecting its employees to a. drug tests. b. electronic monitoring of business communications. c. genetic tests. d. lie-detector tests.

D

BioGene Corporation learns that several employees are attempting to persuade other employees to support a union as their representative. BioGene may a. discharge the unionizers after a union election. b. discharge the unionizers before a union election. c. discipline employees who accept pamphlets from, or listen to, the unionizers. d. limit union solicitation on BioGene's premises.

D

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants a. if either the employer or the immigrants file special forms. b. only if the employer files a special form. c. only if the immigrants file special forms. d. under no circumstances.

D

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 suc¬cessfully 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.

D

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision a. excluding contractors and day workers. b. excluding contractors but including day workers. c. excluding day workers but including contractors. d. including contractors and day workers.

D

Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. It is legal for a U.S. employer to a. hire persons not authorized to work in the United States. b. recruit persons not authorized to work in the United States. c. refer for a fee persons not authorized to work in the United States. d. none of the choices.

D

Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour requirements, Verity must be engaged in a. business activity. b. employment at will. c. international commerce. d. interstate commerce.

D