BUL 3320 Exam 3 (31-33) USF

Overtime pay is paid for each hour worked in excess of ____ hours that week.

40

Jerry is employed by U.S.-based Iconic Systems. His work hours per week for the month of January were 40 hours the first week, 30 hours the second week, 50 hours the third week, and 45 hours the fourth week. According to the FSLA, how many hours of overtime pay is Jerry entitled to at the end of January?

5

Which of the following is true of workers' compensation?

A worker who receives workers' compensation cannot sue his employer.

The ____ imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate physically challenged individuals.

ADA

The _____ is a federal statute that prohibits age discrimination practices against employees who are 40 years and older.

ADEA

The ____ was a labor union formed in 1886 that only allowed craft workers such as silversmiths and artisans to be its members.

American Federation of Labor

Which of the following is true of the United States' immigration law?

An HI-B visa is granted only to foreign nationals skilled in specialty occupations.

Which of the following is true of OSHA's general duty standard?

An employer is obliged to provide a work environment that is free from recognized hazards.

Which of the following is true of religious discrimination?

An employer need not accommodate religious observances or practices of its employees at the workplace.

A group of employees that a union is seeking to represent is known as a(n) ____.

Appropriate bargaining unit

Jorge, a fork-lift truck operator for retail chain Hansridges, was injured when the fork-lift he was operating toppled over. The fork-lift truck was manufactured and maintained by Ionic Machines Inc. As he was covered by workers' compensation insurance, he could recover workers' compensation benefits. However, it was later found that the fork-lift truck was not designed to be used to lift as much weight as Ionic Machines claimed it could. Which of the following legal rights is Jorge entitled to?

Sue Ionic Machines for damages

The labor management relations act of 1947 is also known as the _____ Act.

Tarft-Hartley

Which of the following has to be necessarily proved by a claimant pursuing compensation for an injury, under workers' compensation?

The claimant was harmed by an employment-related injury.

Which of the following is true of a union shop agreement while hiring an employee?

The employee must join the union within a certain time after employment.

What is the employer's advantage in offering workers' compensation?

The employer can avoid a lawsuit by an injured worker.

An employer pays higher wages to Shelly—who has worked with the company for six years—than Samuel, who holds a similar position to Shelly and performs the same functions as her, and has worked with the company for only five and a half years. Which of the fo llowing is true of this case?

The employer has not violated the Equal Pay Act

In which of these situations can an employee sue an employer to recover employment-related injuries?

The employer intentionally injures a worker covered under workers' compensation.

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the work place?

The plaintiff-employee failed to take advantage of any preventive or correctice opportunities provided by the employer.

A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company which hires a nonminority applicant for the position. The minority applicant can sue under ________.

Title VII of the Civil Rights Act

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this will constitute as discrimination in violation of ____.

Title VII of the Civil Rights Act

The U.S. Supreme Court has held sexual harassment that creates a hostile work environment violates ____.

Title VII of the Civil Rights Act

Who among the following is exempt from federal minimum wage requirement?

Tsun, a software applications developer

The immigration laws of the United States are administered by the _____.

USCIS

A certain organization's employees want a union to represent their rights, a request that has been approved by the employer. All the employees live in the employees' quarters in the building adjacent to the place of work. In order for a union to be established, solicitation must be carried out by these employees. Which of the following is true of this situation?

Union solicitation cannot be carried out by the managerial department of the corporation.

_____ occurs when an employee has a nonforfeitable right to receive pension benefits.

Vesting

In which of the following circumstances is picketing unlawful?

When picketing obstructs customers from entering the employer's place of business

The _____ is a federal act that requires employers with one hundred or more employees to give their employees sixty days' notice before engaging in certain plant closings or layoffs.

Worker Adjustment and Retraining Notification Act

States usually require employers to purchase ____ from private insurance companies or state funds to cover workers' compensation claims.

Workers' compensation insurance

Which of the following is true of workers' compensation?

Workers' compensation is only awarded for injuries resulting from the job.

If an employer reasonably anticipates a strike by some of its employees, it may legally arrange a(n) _____ to prevent these employees from entering the work premise.

employer lockout

Why is proving a bona fide occupational qualification essential?

for discrimination to be legal

To be covered by the FMLA, an employee must ____.

have performed more than 1,250 hours of service.

Which of the following is considered a major physiological impairment by the ADAAA?

having cancer

To claim under separate-treatment discrimination, the complainant must prove that ____________.

he or she belongs to a Title VII protected class

Which of the following is a compulsory subject during collective bargaining?

health benefits

Once a strike begins, the employer may continue operations by _____ to take the place of the striking employees.

hiring replacement workers

If union members picketing a restaurant block deliveries from the restaurant, this is _____ picketing.

illegal

Which of the following is a provision of Section 8(a) of the NLRA?

makes it an unfair labor practice for an employer to retrain employees from forming and joining unions.

According the the Department of Labor, children under the age of 14 can only be employed as ____.

newspaper deliverers

If an employee is injured in an automobile accident while she is driving to an off-premises restaurant during her personal lunch hour, the injury is _____.

not covered by workers' compensation

Subjects that are not compulsory or illegal are known as ____ subjects of collective bargaining, which maybe be bargained for if the company and union agree to do so.

permissive

The action of strikers walking in front of employer's presmises, carrying signs announcing their strike is known as ____.

picketing

Using a sexually explicit picture or screensaver to mock an employee constitutes _____.

sexual harassment

Which of the following is an illegal strike?

sit-down strike at the employer's premises

Only ____ were allowed to belong to the American Federation of Labor.

skilled craft workers

Secondary boycott picketing is lawful only if it is directed at _____.

the primary employer's product

Which of the following is provided by the National Labor Relations Act of 1935?

to bargain collectively with employers

Gloria's employer deducted 20 percent of her pay in the month of January due to personal problems he has with her. Under the Lilly Ledbetter Fair Pay Act, what period of time does Gloria have to file an employment discrimination claim?

within the month of April the same year

The _____ is a federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended.

COBRA

Which of the following is true of child labor regulations adopted by the Department of Labor?

Children employed in agriculture have no time or work restriction.

Who among the following are exempt from child labor restrictions in the United States?

Children employed in the performing arts

In 1935, John L. Lewis formed the ____, which permitted semiskilled and unskilled workers to be its members.

Congress of Industrial Organizations

A(n) _____ election can be held without NLRB supervision.

Consent

Which of the following best describes quid pro quo sex discrimination?

Discrimination where sexual favors are requested in order to obtain a job or be promoted

_____ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.

Disparate- treatment

_____ discrimination occurs when an employer discriminates against an entire protected class.

Disparate-impact

Which of the following is true of employment discriminations defined under Title VII?

Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.

Which of the following is true of union security agreements?

Dues checkoff refers to the deduction of union dues and agency fees from employees' wages.

The _____ is the federal agency responsible for enforcing most federal antidiscrimination laws.

EEOC

The ____ is a federal act designed to prevent fraud and other abuses associated with private pension funds.

ERISA

The FLSA applies to _____

Employees engaged in the production of goods for interstate commerce.

An employee who believes that he or she is being sexual harassed has a duty to report the harassment to the _____.

Employer

Which of the following is true of Social Security?

Employers remit Social Security payments to the IRS.

Which of the following is true of sex discrimination?

Employment discrimination because of pregnancy is sex discrimination.

The ____ protects both sexes from pay discrimination based on sex.

Equal Pay Act

Workers' compensation is a(n) ____ remedy.

Exclusive

A complainant may file his or her employment discrimination claim with the ____ instead of the EEOC.

FEPA

The ___ forbids the use of oppressive child labor and makes it unlawful to ship goods produced by businesses that use oppressive child labor.

FLSA

Which of the following acts establishes minimum wage and overtime pay requirements for workers in the USA?

FLSA

The ____ guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

FMLA

Under the ____ and state laws enacted to implement the program, employers are required to pay unemployment contributions.

FUTA

The ____ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

Fair Employment Practices Act

The ____ is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

GINA

The ____ is an OSHA standard that requires an employer to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

General duty standard

Which of the following is an instance of disparate-treatment discrimination?

Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.

A(n) ____ visa allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations

H-IB

Cliff Thomas, a cardiologist, emigrates from the U.K. to the U.S. Under which of the following visa categories can his wife live in the U.S. as Mr. Thomas' dependent?

H4

Helga works as a nurse is government-run hospital. She has to work 40 hours a week, from 10pm to 6am every day. Which of the following is true of this scenario?

Helga cab receive overtime pay if she works more than 40 hours a week.

Which of the following best describes a wild-cat strike?

Individual union members go on strike without proper union authorization.

Which of the following is true of the EEOC?

It cannot seek injunctive relief

Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?

It does not apply to Native American tribes.

Which of the following is true of the Taft-Hartley Act?

It gives employers the right to engage in free-speech efforts against unions.

Which of the following is true of the right to sue letter issued by the EEOC?

It is issued when the EEOC does not find a violation.

Which of the following is true of the Equal Pay Act?

It protects both sexes from pay discrimination based on gender.

Before the Industrial Revolution, the doctrine of ____ governed the employment relationship in the United States.

Laissez-faire

Which of the following acts regulates internal union affairs and establishes the rights of union members?

Landrum-Griffin Act

Which of the following statements is true of exemptions to minimum wage and overtime pay requirements?

Learned professionals need not be paid minimum wage.

Lila Miller who works for a large software firm is four-months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario?

Lila's employer has violated Title VII of the Civil Rights Act of 1964

The _____ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

Lilly ledbetter Fair Pay Act

The laborers at Lillon Fabrics are paid on a daily-wage basis. When the employee union announces a strike that involves cessation of work, one of the employees Lina is hesitant to participate in it as it would mean her employer withholding her pay. Which of the following is true of this case?

Lina need not participate in the strike.

Which of the following is true of the federal minimum wage?

Managerial employees are not subject to minimum wage requirements.

The _____ oversees union elections, prevents employers and unions from engaging in illegal and unfair labor practices, and enforces and interprets certain federal labor laws.

NLRB

The right to picket is implied from the ____.

National Labor Relations Act

Most union elections are contested by the employer. The ____ is required to supervise all contested elections where a simple majority vote wins the election.

National Labor Relations Board

If a company does not hire certain employees because of their accents, it has carried out ____ discrimination.

National origin

Which of the following types of employment discrimination is carried out against a person because of his or her heritage or cultural characteristics?

National origin discrimination

Enacted in 1932, the ____ is a federal statute which stipulates that it is legal for employees to organize.

Norris-LaGuardia Act

The ____ is federal act enacted in 1970 that promotes safety in the workplace.

OSHA

The _____ is a federal statute that prohibits age discrimination regarding employee benefits.

OWBPA

Overtime pay is ____ times that of the regular pay of an employee.

One and a half

In 1978, the ____ which prohibits employment discrimination because of pregnancy, childbirth, or relation medical conditions was enacted as an amendment to Title VII of the Civil Rights Act.

Pregnancy Discrimination Act

QuickMoney LLC is looking to fill its chief executive officer position, as the current CEO is retiring soon. QuickMoney receives applications for this position from many persons, including Joe Thomas, an African-American. Mr. Thomas is the best-qualified applicant for the job. If QuickMoney does not hire Mr. Thomas because he is an African-American, the company has engaged in ________ discrimination.

Race

Which of the following federal statuts that regulate labor-management relationships cover airline carriers?

Railway Labor Act

Jason Smith is a Hispanic scriptwriter from Brazil who works for a television show on an American cable network. He was fired after the producer came to know that Smith was a scientologist by faith. The producer's official reason for this termination was that as Smith was based in Brazil, communication was a problem. This is an example of ________ discrimination that violates Title VII of the Civil Rights Act.

Religious

If the EEOC chooses not to bring suit, it issues a(n) _____ to the complainant.

Right to sue letter.

_____ picketing is a type of picketing in which a union tries to bring pressure against an employer by picketing the employer's suppliers or customers.

Secondary boycott

Which of the following gives employees the right to join together to form a union?

Section 7 of the NLRA

_____ prohibits unions from engaging in unfair labor practices that interfere with a union election.

Section 8(b) of the NLRA

Which of the following is true of sexual harassment?

Sending offensive e-mail is considered sexual harassment.

The OSHA guidelines that set safety rules for spevidic equipment, procedures, types of work, unique work conditions, and the like are known as _____.

Specific duty standards

Which of the following is true of minimum wages in the U.S.?

States can enact laws that set minimum wages higher than the federal minimum wage.

A _____ is a cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice.

Strike

If employees no longer want to be represented by a union, a ____ election is held.

decertification

Which of the following benefits is a component of Social Security benefits?

disability benefits

What legal course of action is available to a corporation if its employees go on strike without any notice?

dismiss the striking employees

A(n) _____ provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions.

affirmative action plan

Employees who choose not to strike or return to work after joining the strikers for a period of time are known as _____ workers.

crossover

Under a(n) ____ agreement, an employer agrees to hire only employees who are already members of a union.

closed shop

The act of negotiating contract terms between an employer and the members of a union is known as ____.

collective bargaining