WIN: Chapter 20 - Study Guide

Café Dining, Inc., employs one hundred workers in at three locations in two states. Under the Family and Medical Leave Act of 1993, Café must provide its employees, during any twelve-month period, family or medical leave of up to: twelve years. twelve days. twelve months. twelve weeks.

twelve weeks.

Elise was working as a computer programmer when there was a fire at the office. The office closed, as a result, and Elise lost her job. While she looks for another job, or goes back to school, she may be entitled to: a pension plan. social security. unemployment insurance. medicare.

unemployment insurance.

Federal and state governments participate in insurance programs designed to protect employees and their families by covering the financial impact of: retirement. disability. hospitalization. all of these choices.

all of these choices.

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: an exception based on tort theory. an example of the doctrine. an exception based on public policy. an exception based on contract theory.

an exception based on contract theory.

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: an exception based on tort theory. an example of the doctrine. an exception based on public policy. an exception based on contract theory.

an exception based on public policy.

Frida is an employee of Green Recycled Products Company. A state statute protects Frida from Green's retaliation if Frida reports to state officials, or others, that Green is involved in unsafe or illegal activity. With respect to the employment-at-will doctrine, this is: an exception based on tort theory. an example of the doctrine. an exception based on public policy. an exception based on contract theory.

an exception based on public policy.

Lena offers Miguel a job, representing falsely that it will be long term. In reliance, Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for fraud. With respect to the employment-at-will doctrine, this is: an exception based on tort theory. an example of the doctrine. an exception based on public policy. an exception based on contract theory.

an exception based on tort theory.

An employee's Social Security contributions under the Federal Insurance Contributions Act (FICA): are twice that of what the employer pays. are equal in amount to what the employer pays. are one-half that of what the employer pays. are one-fourth that of what the employer pays.

are equal in amount to what the employer pays.

A mass layoff is defined as an employment loss of: at least one-third of the full time employees at a single job site. at least 25 percent of all full-time employees at a single job site. at least fifty full-time employees. all part-time employees.

at least one-third of the full time employees at a single job site.

Lila retires from her job as a systems analyst for Marketing Solutions, Inc. Lila's Social Security benefits are fixed by statute and will: not increase with the cost of living. automatically increase with the cost of living. increase with the cost of living whenever revenues increase. increase with the cost of living only when the statute is "re-fixed."

automatically increase with the cost of living.

If an employee recovers benefits from a workers' compensation claim, he or she: must show that the employer caused the injury. may also sue the employer for negligence. can raise a defense of contributory negligence. is normally barred from also recovering from the employer for negligence.

is normally barred from also recovering from the employer for negligence.

Remedies for violations of FMLA include: promotion, if a promotion has been denied. job reinstatement. damages for unpaid wages (or salary), lost benefits, denied compensation, and actual monetary losses. All of these choices.

All of these choices.

To fulfill a temporary contract, Alpha Communications Company needs some employees to work overtime. All of the following employees may work more than forty hours per week except: Earl, who is an outside salesperson. Beth, who is under sixteen and on spring break. Diane, who is a professional. Carl, who is an executive.

Beth, who is under sixteen and on spring break.

Which federal law provides workers who have been terminated with continued access to health insurance? IRCA COBRA ERISA FMLA

COBRA

The law regulating private pension funds is: ERISA. CERCLA. the Social Security Act. UNESCO.

ERISA.

In 1938, Congress extended wage-hour requirements to cover all employers engaged in interstate commerce or in the production of goods for interstate commerce by passing the: Fair Wage Earners Standards Act. Fair Employment Standards Act. Fair Labor Standards Act. Fair Working Standards Act.

Fair Labor Standards Act.

All employees are entitled to overtime pay. True False

False

Employers may waive the overtime requirements of the Fair Labor Standards Act. True False

False

No employee has a reasonable expectation of privacy in the workplace. True False

False

State law regulates overtime pay. True False

False

Under federal law, employers can monitor employees' personal communications without the employees' consent. True False

False

Brandon's mother, Heather, has a stroke and needs nearly constant supervision. Brandon asks his company for leave and asks that the leave be covered by the Family and Medical Leave Act. What must Brandon's company do? Deny Brandon's leave because only government employees are entitled to leave under the FMLA. Grant Brandon's leave under the FMLA and pay him during his leave. Deny Brandon's leave because care of a parent is not a qualifying event under the FMLA. Grant Brandon's leave under the FMLA, but this leave may be unpaid.

Grant Brandon's leave under the FMLA, but this leave may be unpaid.

Jenna has just been hired as an Administrative Assistant, and during her orientation session, was given a copy of the firm's Employee Handbook. Among other things, the Handbook said that her new employer could conduct surveillance of her activities, as more specifically set forth below. Which of these activities may the employer legally undertake? Review Jenna's email Review Jenna's instant messages Review Jenna's internet use Jenna's employer may legally conduct all of these activities

Jenna's employer may legally conduct all of these activities

Of the following employees, the one most likely not to be covered by state workers' compensation laws is: Adam, a fifteen-year old paperboy. Marion, an auto mechanic. Jorge, a migrant agricultural worker. all of these choices.

Jorge, a migrant agricultural worker.

Leah is an employee of Mega Corporation. To help pay for Leah's medical costs on retirement, contributions are required by law to be paid by: Leah and Mega. Leah only. Mega only. neither Leah nor Mega.

Leah and Mega.

Jane is the Chief Financial Officer of Stadt Corporation. Jane takes a two-month leave when she adopts a baby. When Jane is ready to return to work at the end of her two-month leave, Stadt Corporation refuses to allow her to return to work. Jane tells Stadt Corporation they must allow her to return because her leave was taken under the Family Medical and Leave Act. Is Jane correct? No, Stadt Corporation does not have to allow Jane to return because the Family Medical and Leave Act allows the employer to avoid reinstating a key employee. Yes, Stadt Corporation must allow Jane to return because she was permitted to leave under the Family Medical and Leave Act based on these circumstances. No, Stadt Corporation does not have to allow Jane to return because you are not permitted more than a one-month leave under the Family Medical and Leave Act. No, Stadt Corporation does not have to allow Jane to return because adopting a child would not qualify as a leave under the Family Medical and Leave Act.

No, Stadt Corporation does not have to allow Jane to return because the Family Medical and Leave Act allows the employer to avoid reinstating a key employee.

Job Co runs a temporary employment agency providing administrative assistants to area businesses. Ninety percent of the people they place are females. Recently, a young man has been hired to screen potential employees. The CEO believes the new employee may have ulterior motives, specifically to pick up women. She has directed her IT department to monitor the employee's telephone and email usage and directs the HR department to send notice to all employees. The reality is that only the male employee will be monitored. Is this permissible? No, because any monitoring of employees' email and telephone usage during work hours is acceptable under the 4th Amendment. No, although the employee's intentions may be repugnant to the CEO, by only monitoring one employee, this is a violation of the ordinary course of business exception and therefore a violation of the 4th Amendment. Yes, it is permissible because all employees have been given notice. Yes, if an employee is engaging in unacceptable activities according to the CEO, then it is permissible to monitor the employee.

No, although the employee's intentions may be repugnant to the CEO, by only monitoring one employee, this is a violation of the ordinary course of business exception and therefore a violation of the 4th Amendment.

New Co, a mega retailer with 1000 stores across the U.S., has been experiencing high theft rates at their largest volume store. The Corporate Office has directed the Store's Management to wire the bathrooms for sound for 90 days to determine if the thefts are taking place there and by whom. They have also directed them to not notify the employees or place signage anywhere, so the employees and customers will remain unaware. Is this a permissible practice? No, because the Management team was directed by their Corporate Office. Yes, because every employer has a right to prevent theft and losses. Yes, because the practice is only temporary. No, because it is an impermissible invasion of privacy.

No, because it is an impermissible invasion of privacy.

An employee may file an action for wrongful discharge against an employer who discharges the employee in violation of an employment contract. True False

True

An employer can require an employee to take a lie-detector test when investigating losses attributable to theft. True False

True

An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract. True False

True

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

True

Drug testing of employees by private employers is permitted. True False

True

Only state law governs drug tests of private-sector employees. True False

True

Some employers voluntarily offer paid family leave, but this is not a requirement of the Family and Medical Leave Act. True False

True

Supervisors may be subject to personal liability for violations of the Family and Medical Leave Act of 1993. True False

True

The employment-at-will doctrine is still in widespread use. True False

True

Certain employees are exempted from the overtime provisions of the Fair Labor Standards Act, including: executive employees. administrative employees. outside salespersons. all of these choices.

all of these choices.

Renee takes leave under the Family and Medical Leave Act when she has her son. During her FMLA leave, Renee's company sends her a letter stating that her health insurance is being canceled because she is not currently working for them. Renee tells her company that this violates the FMLA. Is Renee correct? Yes, because when an employee takes FMLA leave, the employer must continue the worker's health-care coverage on the same terms as if the employee had continued to work. No, because health insurance can be canceled when an employee is not doing their job whether they are on leave or not. Yes, because health insurance must continue when employees take FMLA leave for the birth of a child. All of these choices. No, because employees can now get health insurance under the Affordable Care Act.

Yes, because when an employee takes FMLA leave, the employer must continue the worker's health-care coverage on the same terms as if the employee had continued to work.

Leo works as an employee for Maxim Corporation, a private employer. Maxim announces that it will start random drug testing of its employees. To resist this policy, Leo may look for protection under: a federal administrative agency rule. a state constitution or statute. the U.S. Constitution. none of the choices.

a state constitution or statute.

Robert Adams worked as a delivery truck driver for George W. Cochran & Co. Adams persistently refused to drive a truck that lacked a legally required inspection sticker because he knew that if he was caught driving without the sticker, he could receive a small fine. George Cochran, the owner of the company, fired Adams for his refusal to drive the truck. Cochran contended that Adams was an at-will employee and, because there was no written employment contract stating otherwise, he had a right to discharge Adams with or without good cause. Adams sought to recover damages for wrongful termination. The court most likely held that Adams: cannot recover, because he failed to notify the authorities of his employer's actions and cannot avail himself of the whistleblowing exception to the employment-at-will doctrine. can recover under a tort theory exception to the employment-at-will doctrine. cannot recover, because his employer did not violate any law or breach any contract when Adams was terminated. can recover under a public policy exception to the employment-at-will doctrine.

can recover under a public policy exception to the employment-at-will doctrine.

Even if an employer's actions do not violate any provisions in an employment contract or statute, the employer may still be subject to liability under a: statutory law theory. common law doctrine, such as a tort theory or agency. criminal law theory. civil law theory.

common law doctrine, such as a tort theory or agency.

A minimum wage must be paid to employees in: all industries. covered industries only. no industries. small-business industries only.

covered industries only.

Holly takes temporary leave from her job at Interstate Assembly 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: damages only. damages or job reinstatement only. double damages, job reinstatement, a promotion, and more. none of the choices.

double damages, job reinstatement, a promotion, and more.

Security Guards, Inc. (SGI), is a security service firm. SGI may subject its employees to: drug tests and lie-detector tests. drug tests only. lie-detector tests only. neither drug tests nor lie-detector tests.

drug tests and lie-detector tests.

The term "employment at will" means that: the employer may not fire an employee except for cause, and only after a formal review process. either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract. the employee may quit his or her job only for cause, and only after consulting with the employer. the employer must hire when the will of the employee coincides with the will of the employer.

either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract.

Employers are required to keep occupational injury and illness records for each employee if the employers have: fifty-one or more employees. eleven or more employees. thirty-one or more employees. twenty-one or more employees.

eleven or more employees.

The Family and Medical Leave Act (FMLA) requires: employers that have 50 or more employees to provide employees with up to 12 weeks of unpaid family or medical leave during any 12-month period. employers that have 100 or more employees to provide employees with up to six weeks of unpaid family or medical leave during any 12-month period. employers that have 150 or more employees to provide employees with up to nine weeks of unpaid family or medical leave during any 12-month period. none of these choices.

employers that have 50 or more employees to provide employees with up to 12 weeks of unpaid family or medical leave during any 12-month period.

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise is referred to as: the contract theory of employment. the agency theory of employment. employment at will. the tort theory of employment.

employment at will.

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

interstate commerce.

A court would most likely find an exception to the employment-at-will doctrine if an employee was fired: in retaliation for reporting that her employer was illegally dumping toxic chemicals into a river. for sending the wrong package to an important customer. because he broke an expensive piece of equipment, shutting down the factory for several hours. all of these choices.

for sending the wrong package to an important customer

Kyle works as a forklift operator for Local Warehouse Company. Assuming that Kyle meets other requirements, the maximum number of hours that he can work per week without overtime pay is: unlimited. thirty-nine. forty-one. forty.

forty.

The Employee Polygraph Protection Act: bars employers from tapping employees' telephones to collect private information about them. generally prohibits employers from requiring employees or job applicants to take lie-detector tests as a condition of employment. greatly expands employers' ability to use or ask about the results of any lie-detector tests employees might have taken in the past. prohibits intentional and unauthorized access to stored electronic communications.

generally prohibits employers from requiring employees or job applicants to take lie-detector tests as a condition of employment.

Luke is a maintenance employee for Natural Products Company. Under the Employee Retirement Income Security Act, Luke's contributions to his pension plan vest: immediately. after five years of employment. five years before retirement. after five years of retirement.

immediately.

Nina works as an employee for Overland Sales, Inc. To protect Nina and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on: an implied contract theory only. a public policy theory only. implied contract and public policy theories. neither implied contract nor public policy theories.

implied contract and public policy theories.

The federal government began to regulate wages and working hours of employees: in the 1930s. in the late 1700s. immediately after the First World War. in the decade following the Civil War.

in the 1930s.

An employer who violates the FMLA may be held liable for damages to compensate an employee for: lost benefits, denied compensation, and actual monetary losses up to an amount equivalent to the employee's wages for 12 weeks. actual monetary losses up to an amount equivalent to the employee's wages for 12 months. at least 50% of the employee's lost wages. denied compensation equivalent to the employee's wages for six months.

lost benefits, denied compensation, and actual monetary losses up to an amount equivalent to the employee's wages for 12 weeks.

On returning from a FMLA entitled leave: most employees must be restored with nearly equal pay and benefits. most employees must be restored with equivalent pay and benefits. employers have a choice as to whether or not to continue the worker's health-care coverage on the same terms as if the employee had continued to work. all employees must be restored with equal pay and benefits.

most employees must be restored with nearly equal pay and benefits.

Alex is an employee of Bigg Corporation. To help pay for employees' loss of income on retirement, contributions are required by law to be paid by: Alex and Bigg. Alex only. Bigg only. neither Alex nor Bigg.

neither Alex nor Bigg.

The FMLA requires employers who have fifty or more employees to provide employees with up to twelve weeks of unpaid family or medical leave, provided the employee has worked for the employer for at least: thirty days. sixty days. one year. none of these choices.

one year.

Hugh, an employee of International Shipping Corporation (ISC), is injured on the job and accepts workers' compensation. Hugh can successfully sue ISC: under no circumstances. only if the injury was caused by ISC intentionally. regardless of ISC's fault. only if the injury was caused by ISC's negligence.

only if the injury was caused by ISC intentionally.

The Fair Labor Standards Act prohibits: working times and hours for persons between the ages of sixteen and eighteen. all child labor. oppressive child labor. difficult child labor.

oppressive child labor.

Ilsa works as a clerk for Java Café at minimum wage. The minimum-wage rate is revised: whenever the president issues an executive order to revise the rate. annually, according to the rate of inflation. periodically by Congress. every seven years, according to changes in the cost of living.

periodically by Congress.

The First Amendment: allows both government and all private employers to block Web sites. prevents government employers from blocking certain Web sites. prevents both government and all private employers from blocking certain Web sites. prevents all private employers from blocking certain Web sites.

prevents government employers from blocking certain Web sites.

Government employers are constrained in drug testing by the Fourth Amendment to the U.S. Constitution, which: guarantees the right of free assembly. guarantees government employees an absolute right to privacy. protects the right of free speech. prohibits unreasonable searches and seizures.

prohibits unreasonable searches and seizures.

Richard Winters was an at-will employee for the Houston Chronicle for nine years. After he had worked there for about four years, he became aware of illegal activities carried out by other employees. He learned that the Chronicle was falsely reporting an inflated number of paid subscribers, and that several employees were engaged in inventory theft. His supervisor offered him an opportunity to participate in a kickback scheme with a manufacturer of plastic bags. Winters reported all these activities to upper-level management. He made no report to law enforcement agencies. He was fired six months later. Winters lived in a state that did not have a whistleblower statute. He filed a lawsuit against the Chronicle for wrongful termination. The court most likely held that Winters was: not protected, because under the terms of his job, the Chronicle had the right to fire him at any time, with or without cause. protected by a public policy exception to the employment-at-will doctrine. not protected, because he was not fired for refusing to participate in an illegal act. protected by the application of the employment-at-will doctrine.

protected by a public policy exception to the employment-at-will doctrine.

As a condition of his employment, Earl Angus lived with his family in a mobile home owned by his employer, Deffenbaugh Industries. Deffenbaugh purchased the mobile home and located it on the grounds of its plant so that Angus could maintain "a constant presence on the premises." Angus ordinarily worked out of an office located in a different building, but the mobile home had a telephone so that Angus could contact drivers and customers as needed. One day, Angus returned to the mobile home for dinner and also to await the arrival of a company truck on company business. Fifteen minutes later, a tornado struck, killing Angus's wife and severely injuring him and his daughter. Angus filed a workers' compensation claim against Deffenbaugh, alleging that his injuries arose "out of his employment." Deffenbaugh argued that Angus was not entitled to recover workers' compensation because he was not working but was eating dinner when the tornado struck. The court most likely held that Angus could: not recover under workers' compensation laws, because eating with his family was not in the scope of his employment. recover under workers' compensation laws, because at the time of his injuries he was performing the duties of his job, which required his continual presence on the employer's premises. not recover under workers' compensation laws, because the tornado was beyond the employer's control and caused injuries of a kind that were not anticipated by the employer or its insurer. recover under workers' compensation laws, because any injuries occurring on the employer's premises are automatically covered.

recover under workers' compensation laws, because at the time of his injuries he was performing the duties of his job, which required his continual presence on the employer's premises.

Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby. On Livia's return from the leave, Meatpackers must: do nothing. restore Livia to her original position. promote Livia to the status of a key employee. reimburse Livia for her expenses while on leave.

restore Livia to her original position.

The Fair Labor Standards Act (FLSA) does not: extend minimum-wage rules to employees in covered industries. require overtime payment after an employee works forty hours in one week. restrict the power of federal courts to issue injunctions against unions. prohibit oppressive child labor.

restrict the power of federal courts to issue injunctions against unions.

Jay works as an employee for Kitchen Appliances, Inc. (KAI), which is subject to the Occupational Safety and Health Act. Jay is killed in a work-related accident. To avoid a fine, KAI must notify: the U.S. Department of Labor. the Social Security Administration. the U.S. Department of Justice. the U.S Department of Health and Human Services.

the U.S. Department of Labor.

An employer may be held liable for the wrongful discharge of an employee if the discharge violated: CPSC rules. the Social Security Act. the Tenth Amendment to the U.S. Constitution. the common law or statutory law.

the common law or statutory law.

In cases brought by employees alleging that their privacy has been invaded by email monitoring: the courts have tended to hold for the employees. the courts have tended to hold for the employers. the courts have tended to hold for the employers but only if the employees were informed of the monitoring. none of these choices are correct.

the courts have tended to hold for the employers.

Target Stores hires store security officers (SSOs) to observe, apprehend, and arrest suspected shoplifters. SSOs are not armed, but they carry handcuffs and may use force, in self-defense, if necessary to carry out their job duties. Target views good health and physical condition as important SSO job skills. To determine whether applicants for SSO positions are healthy and will remain healthy in the future, Target uses a genetic test that it calls QualGento screen for predispositions to debilitating diseases. All job applicants must take the test as a condition of employment. Sibi Soroka found the test objectionable and brought a lawsuit against Target challenging the test as a violation of his privacy rights. Target claimed that the test was a good indicator of suitability for the SSO job but did not show a clear connection between success on the test and success on the job. The court most likely held that the test: did not violate applicants' privacy rights, because the job of SSO required a high level of physical health, and the test was effective at determining the suitability of applicants. violated applicants' privacy rights. Target did not have a compelling, job-related interest that justified invading the privacy of applicants. did not violate applicants' privacy rights, because as applicants, they were not employees and were not entitled to employee benefits. violated applicants' privacy rights, because privacy rights are found in the Constitution and are therefore absolute.

violated applicants' privacy rights. Target did not have a compelling, job-related interest that justified invading the privacy of applicants.

Geno's Italiano Ristorantes, Inc., employs three hundred workers at four locations in two states. Under federal law, Geno's must provide each employee, during any twelve-month period, family or medical leave of up to twelve: years. days. months. weeks.

weeks.

State statutes establishing an administrative procedure for compensating workers' injuries that arise out of—or in the course of—their employment, regardless of fault, are: workers' labor laws. employees' pay laws. workers' compensation laws. employees' compensation laws.

workers' compensation laws.