LE 19.1 hypotheticals
Cameron owns a small business selling custom guitars called Cameron's Customs. He has 2 people working for him; his brother and his best friend. They have a retail store downtown and build the guitars in the back of the shop. Which of the following is true regarding Occupational Safety and Health Act (OSHA) regulations? a. OSHA does not apply to Cameron's Customs because he does not have a separate manufacturing facility. b. OSHA applies to all activities at Cameron's Customs. c. OSHA does not apply to Cameron's Customs because he has fewer than 15 employees. d. OSHA applies only to incidences involving production of the guitars, but not to incidence in the retail outlet.
b
Hayley is the president of a small corporation, Yogurt for You, Inc. The company has two yogurt stores in malls in Arizona and will employee about 25 people. Hayley is attempting to set up the payroll system but does not know what to do about social security tax. Which of the following is true? a. Only the employer, not the employee, must contribute to social security programs. b. Both the employer and the employee must contribute a percentage of wages to social security programs. c. Both the employer and the employee must contribute a flat amount per pay period to social security. d. Only the employee, not the employer, must contribute to social security programs.
b
Brad is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet, takes medication, and the problem persists. His doctor has recommended that he find other employment because his job is causing his high blood pressure and continuing to work at the job will lead to a massive heart attack. Brad has no training for any other job. Which of the following statements is true? a. Brad will need to have a heart attack before he qualifies as disabled. b. Brad has a job-related injury that will be covered under workers' compensation. c. Brad has a medical problem that will not be covered. d. Brad is unable to receive workers' compensation benefits because he is not an independent contractor.
b. Brad has a job-related injury that will be covered under workers' compensation.
Brianna and her husband Cole just had a new baby. Under the Family and Medical Leave Act (FMLA), which of the following is true? a. Brianna can take up to 12 weeks' unpaid leave. b. The birth of a child is not eligible for the FMLA. c. Brianna's health insurance coverage will not be in effect if she takes FMLA leave. d. Brianna can take up to 6 weeks paid leave.
a
If Mary is asked the following questions in a job interview, which one would be a violation of Title VII? a. Are you planning on having children? b. Why did you leave your previous employment? c. Would you be willing to travel two days per week? d. Where do you see yourself in five years?
a
Jennifer works for a national hotel chain as a front desk manager. She recently discovered that she is making 20% less pay than others in the same job. Jennifer believes this is illegal, but in order to file a suit under the Equal Pay Act of 1963, which of the following must be true? a. Jennifer must be paid less than men in a similar job. b. Jennifer must racially diverse from the managers making more than her. c. Jennifer must have been employed by the hotel chain for at least 5 years. d. Jennifer must be over 40 years old.
a
Martin and Brandon are Hispanic and both work for LMA & Associates as attorneys. During a lunch meeting, Martin and Brandon discovered that many of the other attorneys had been given memberships to the local country club as a fringe benefit. When Martin questions the other attorneys he found out that all of the country club membership were given to Caucasian employees. Which of the following is true? a. LMA & Associates are in violation of Title VII of the Civil Rights Act. b. LMA & Associates are in violation of the Title VII of the Civil Rights Act only if Martin and Brandon are the only two Hispanic employees at the company. c. No discrimination exists because discrepancy deals with a fringe benefit, not pay or promotion opportunities. d. No discrimination exists because they are not being paid less than the other attorneys.
a
A suit against Value-Mart alleges the employment test it administers is discriminating against women. Value-Mart claims that there was no intentional discrimination, the results of the test simply weeded out more women than men. Which of the following is true? a. Value-Mart has engaged in disparate treatment. b. Value-Mart is not in violation of Title VII because the discrimination was not intentional. c. Value-Mart has engaged in disparate impact. d. Value-Mart can legitimately claim a BFOQ defense.
c
Anna recently went to work for MMC, Inc. The men in her office are constantly making crude, sexual related jokes in front of her even though she has asked them to stop. She is also included in emails that contain jokes directed at women and when she complained to her supervisor, she was told to "lighten up" and join the club. Which of the following is true? a. Anna has no actionable cause because her supervisor was not harassing her. b. The behavior is actionable as quid pro quo sexual harassment. c. The behavior is actionable as atmosphere of harassment. d. Anna has no actionable cause to sue because her job was not being threatened
c
First Baptist Church is seeking a youth minister for its programs and has the following language in its notice of the position, "All applicants must be of the Baptist faith and affiliated with the American Baptist Convention." Which of the following is true about the notice? a. Such a restriction violates Title VII. b. The restriction is valid if First Baptist uses an employment agency. c. First Baptist Church is not subject to Title VII in this situation. d. The restriction is valid if the First Baptist Church has fewer than 15 employees.
c
Jake Barnett was injured at work one day when the forklift he was operating malfunctioned. The forklift was new, having just been purchased by Jake's employer one month prior to his accident. Jake wants to recover for his medical bills, lost wages and pain and suffering. a. Jake can file suit and recover only from the forklift manufacturer. b. Jake cannot file suit from the manufacturer since it would be covered by worker's compensation. c. If Jake recovers from the manufacturer, he will have to first reimburse his employer for any workers' compensation benefits. d. If Jake recovers from the manufacturer, he can keep the award from both the employer and the manufacturer.
c
John Smith is injured at work when he and another employee hold forklift races during their lunch hour at the warehouse where they work. All workers had been repeatedly warned about using the forklifts for such activity. Which of the following statements is true? a. John's injuries will not be covered under workers' compensation because of his negligence. b. John's injuries will not be covered because he violated company rules in doing the races. c. John's injuries will be covered under workers' compensation. d. John's injuries will be covered but only if he was not aware that the workers had been warned not to use the equipment in this way.
c
Karolyn will soon open a new boutique featuring fashion targeted at women aged 20-35. She plans to hire both full-time and part-time people to work at the boutique. She's trying to set up her payroll. Which of the following pieces of advice is correct? a. Employees must be paid time-and-one-half if they work more than 35 hours per week. b. Part-time employees are not eligible to receive time-and-one-half pay regardless of how many hours they work. c. Both part-time and full-time employees must be paid minimum wage. d. Part-time workers do not have to be paid minimum wage.
c
Landry works for American Manufacturing and is a member of the union. However, he has recently found out that certain union members are having secret meetings to discuss the finances. When he asks to see the financial reports he is told that he has no access to the reports because he is not an officer. Which labor law is the union violating? a. None, the union is self-regulated and can make its own rules about meetings and finances. b. The Taft-Hartley Act (Labor-Management Relations Act). c. The Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act). d. The Norris-LaGuardia Act.
c
Ralph Quest is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet, takes medication, and the problem persists. His doctor has recommended that Quest find other employment because his job is causing his high blood pressure and continuing to work at the job will lead to a massive heart attack. Ralph has no training for any other job. Which of the following statements is true? a. Ralph's condition will not be covered as workers' compensation only covers physical injuries. b. Ralph has a medical problem that will not be covered. c. Ralph has a job-related injury that will be covered under workers' compensation. d. Ralph will need to have a heart attack before he qualifies as disabled.
c
Sprago, a fine restaurant, has hired only male waiters over the past ten years. Sprago's manager says male waiters look more professional and customers prefer male waiters to female waiters. Megan has applied for and been denied a waiter position at Sprago in spite of her qualifications. Which of the following is true? a. Megan has no cause of action unless females were denied other positions in the restaurant. b. Sprago is a privately owned restaurant, not a public corporation, and can therefore hire whomever they want. c. Megan has a cause of action for sex discrimination under Title VII. d. Sprago can successfully defend their position since being male is a BFOQ.
c
During a unionization campaign, a company told workers that no materials related to the union effort could be posted on employee bulletin boards. A supervisor told a union supporter "if we got a union in there, I'm going to make sure those responsible are soon in the unemployment line." The union claimed these were unfair labor practices. Are they? a. No, because the supervisor did not represent the employer. b. Yes, because the employer is not able to make any statements during a unionization campaign. c. Yes, because the supervisor threatened the employees with unemployment. d. No, because employers are allowed to actively discourage unionization campaigns.
c. Yes, because the supervisor threatened the employees with unemployment.
A group of Boeing workers sued for injuries and disabilities from their four-year exposure to toxic chemicals. There was evidence that Boeing had known of the problem but did nothing about it. Boeing asserted that the employees could only collect under workers' compensation; the employees sued for intentional tort. Could they bring such an action? a. No, because most state statutes state that liability coverage is limited to workers' compensation. b. Yes, because most employers do not have workers' compensation coverage, so employees are not limited by state worker compensation laws. c. Yes, because there is an exception to recovery outside of workers' compensation if there in an intentional tort. d. No, because most states attempt to protect employers by making them immune from employee tort suits arising from on-the-job accidents. A group of Boeing workers sued for injuries and disabilities from their four-year exposure to toxic chemicals. There was evidence that Boeing had known of the problem but did nothing about it. Boeing asserted that the employees could only collect under workers' compensation; the employees sued for intentional tort. Could they bring such an action? a. No, because most state statutes state that liability coverage is limited to workers' compensation. b. Yes, because most employers do not have workers' compensation coverage, so employees are not limited by state worker compensation laws. c. Yes, because there is an exception to recovery outside of workers' compensation if there in an intentional tort. d. No, because most states attempt to protect employers by making them immune from employee tort suits arising from on-the-job accidents.
c. Yes, because there is an exception to recovery outside of workers' compensation if there in an intentional tort.
During his lunchbreak, Riley has been using his work laptop to send email to other employees voicing complaints about the management of the company as well as many of his co-workers. His supervisor has just walked into his office holding printout of the emails and threatening to fire him. Which of the following is true? a. The company can access the emails only if Riley signed a waiver. b. Under the Electronic Communications Privacy Act of 1986, the company is prohibited from accessing the emails. c. As long as the emails were sent during the lunch-break, the company cannot use them against Riley. d. The company can access the emails because the computer belongs to the company.
d
Emma Smith has never had a job but has recently decided to look for employment. She was offered a position as a retail clerk but she would have to work on Saturdays—a day she considers to be the Sabbath as a member of the Seventh Day Adventist Church. After refusing the position, she is denied unemployment compensation. Which of the following statements is true about unemployment compensation? a. The denial was proper because her reason for refusing employment was arbitrary. b. The denial was improper because she has the opportunity to work. c. The denial was improper since refusal to accept employment is a basis for denying benefits. d. The denial was proper because she was never employed.
d
Not Answered 8. Not Answered 9. Not Answered 10. Not Answered Tracton Inc. is a large multi-million-dollar manufacturing company. They employ 5,000 people across 3 states. Which of the following is true regarding affirmative action? a. Tracton would be required to file an affirmative action plan based on their size. b. Tracton would be required to file an affirmative action plan because they are located in more than one state. c. Tracton would not be required to file an affirmative action plan because they are a privately owned business. d. Tracton would not be required to file an affirmative action plan because they have not been ordered to do so by the court
d
Sue has sued Acme, Ltd. for employment discrimination. She is entitled to a right-to-sue letter from the EEOC: a. Only if EEOC concludes that there has been discrimination. b. no more than 180 days from the EEOC's ruling. c. only if the EEOC concludes that there has not been discrimination. d. within 180 days from the time the employee filed a complaint.
d
