Chapter 1: Overview of Employment Law

There are more firms with 0-4 employees than any other size firms. True or False

True

Regarding arbitration, which of the following statements is true? a. historically, arbitration has been used to enforce employee rights under collective bargaining agreements of unionized employees b. arbitrators' decisions are usually advisory and not considered final c. arbitrators have less control over the outcomes of disputes than do mediators d. arbitration is always more costly and time-consuming that litigation

a. historically, arbitration has been used to enforce employee rights under collective bargaining agreements of unionized employees

If Pedro works for the City of Trenton, he is in: a. the public sector b. the private sector c. a union workplace d. a non-union workplace

a. public sector

Sources of employment law include all of the following EXCEPT: a. federal law b. state law c. ads for job openings d. constitutions

c. ads for job openings

Regarding employment law in the U.S., which of the following statements is true? a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization b. The earliest employment laws focused on wages and hours c. Employees may be fired at any time for any reason not prohibited by law d. Employees enjoy the right to stay on the job as long as they are doing a good job

c. Employees may be fired at any time for any reason not prohibited by law

Which of the following is true of the enforcement process for discrimination charges brought under Title VII? a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish b. charges must be brought within 60 days of the alleged discriminatory act c. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court d. the plaintiff will have 60 days to file her lawsuit

c. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court

As the Human Resources manager of your firm, the task of putting into effect the firm's new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable? a. send email notice to all employees that a mandatory arbitration policy has been adopted b. post the mandatory arbitration policy on the firm's website, and ask employees to visit the site and review the policy c. provide employees with a copy of the agreement, and ask them to sign it d. provide pay for the time required to attend arbitration proceedings

c. provide employees with a copy of the agreement, and ask them to sign it

Regarding the interrelationship of federal and state employment laws: a. state laws must be identical to federal law or the state law is void b. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists

c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws

Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court c. the EEOC encourages the parties to discrimination cases to use mediation d. the EEOC encourages the parties to discrimination cases to used arbitration

c. the EEOC encourages the parties to discrimination cases to use mediation

Under the "payroll method" approved by the U.S. Supreme Court: a. employers whose payrolls exceed $500,000 annually are covered by Title VII b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination c. employers are covered by the Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked

d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked