WGU C233
Labor-Management Relations Act (LMRA)(Taft-Hart Act)
U.S. act that imposed several restrictions and requirements on unions. Curb union overreach. President of the US can intervene if strike creates a national emergency. aka Taft-Hartley Act Rights of management
A 65-year-old woman was passed over for a job. When she inquired about this, the employer told her, "We're looking to create a younger workforce."Which type of discrimination is reflected in the scenario? Systemic bias Direct retaliation Disparate impact Disparate treatment
Disparate treatment
Which race discrimination claim can be based on an employer's policy of racial animosity, steering assignments or yielding to customer discriminatory preference? Disparate treatment Racial impact Harassment Segregation
Disparate treatment
An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964.What is the first question a human resources professional should ask to determine if this law applies to the employee? Is the employee an at-will employee? What have similar referents done in this situation? Does the employee meet the eligibility requirements? What type of special treatment is the employee requesting?
Does the employee meet the eligibility requirements?
Which system for employers determines worker eligibility using Form I-9? E-Verify Web Verify I-Verification Verify Online
E-Verify
To which agency did Title VII give authority to conduct its own enforcement litigation? ADA BFOQ OSHA EEOC
EEOC
Which test is used to distinguish an independent contractor from an employee? Covered employer test Economic realities test Integrated enterprise test Scope of employment test
Economic realities test
Which of the following is not a recognized exception to at-will doctrine under the common law? Public policy Implied covenant of good faith Economic sustainability Implied contract
Economic sustainability
Which claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interfere with an employee's work performance? Quid pro quo Hostile environment Gender discrimination Reverse discrimination
Hostile environment
Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation? Oral Explicit Implied Written
Implied
The employee handbook used by a temporary employment agency stated, "Employees may not be terminated except after first receiving an oral warning, then a formal written warning." Which principle is demonstrated in the handbook? Express term Implied contract Contract exemption Constructive discharge
Implied contract
Of the following classifications of worker, which causes the smallest obligation to the employer? Employee Independent contractor Union workers Both independent contractor and employee
Independent contractor
Which three types of statutory authority does the National Labor Relations Board (NLRB) have? Choose 3 answers Implied authority Judicial authority Executive authority Traditional authority Rule-making authority Transactional authority
Judicial authority, Executive authority, Rule-making authority
Taft-Hartley Act aka...
Labor Management Relations Act *prevents union over reach and protects peoples rights to choose to not join a union
A manufacturing firm with 370 employees plans to close one of its plants and lay off 56 employees. To facilitate the plant closure and allow its employees time to seek other employment, the firm gives the employees 40 days' notice of the impending closure. Because of financial troubles, the firm is not providing severance packages. Which circumstance allows the firm to take these actions without violating the Worker Adjustment Retraining Notification (WARN) Act? Layoffs in a NAFTA free-trade zone Layoffs due to a certified economic recession Layoffs of foreign nationals working in the U.S. Layoffs due to a severe unforeseen loss of capital
Layoffs due to a severe unforeseen loss of capital
An employee has demonstrated a tendency toward violent behavior in the workplace. This tendency has developed over several years, but it was not easily discernable when the employee was initially hired. The employer is aware of the employee's violence but does not terminate the employee.Which legal risk does the employer face in this situation? Retaliation Defamation Negligent hiring Negligent retention
Negligent retention
A company reduced a pregnant employee's hours from 40 per week to eight on the basis that she could no longer perform the fundamental requirements of her position. The employee is suing the company.Which statute will help the employee's case? Family Medical Leave Act Women in the Workplace Act Pregnancy Discrimination Act Americans with Disabilities Act
Pregnancy Discrimination Act
Which of the following is not a purpose or function of the law? Facilitate for private arrangements between individuals Prevent desirable, or promote undesirable, behavior Determine procedures for changing the law Settle private and public disputes
Prevent desirable, or promote undesirable, behavior
What are the employer's responsibilities after the National Labor Relations Board (NLRB) has authorized a union election? Allow time off to workers so they can attend a union meeting prior to the election Allow the union organizers to come into the workplace to speak to the employees Provide the NLRB with contact information of workers eligible to vote in the election Provide the NLRB and union with payroll records of workers eligible to vote in the election
Provide the NLRB with contact information of workers eligible to vote in the election
what is Public vs Private in business?
Public refers to government business, private is everything else
What is the common name of the Labor Management Relations Act of 1947? Clayton Act Taft-Hartley Act Occupational Health and Safety Act Labor Management Reporting and Disclosure Act
Taft-Hartley Act
Which two types of conduct make a company liable for race-based harassment?Choose 2 answers Unwelcome conduct Pervasive conduct Disparate conduct Adverse conductComparative conduct
Unwelcome conduct Pervasive conduct
What does WARN stand for?
Workers Adjustment Retraining Notification Act
The Consolidated Omnibus Budget Reconciliation Act (COBRA)
*Covers public and private employees *applies to companies with >=20 employees *protects everyone with health insurance options *Benefit coverage extends 18 months after qualifying event--an event that causes an employee to lose group health coverage; e.g., termination, reduction in hours (special causes can increase coverage period) *enforced by DOL and IRS jointly
WARN Act (Worker Adjustment and Retraining Notification Act)
*Private Employees covered(not public) *for businesses with >=100 employees *Protects those employees affected by a plant closing or mass layoff *60 days advance notice for plant closings and mass layoffs *Requires multiple notices if reduction in workforces is done in a series of layoffs within a 90-day period; i.e., can't avoid notice by performing multiple smaller-scale layoffs *Doesn't apply for a) natural disaster, b) severe and unforeseen loss of capital, and c) company is failing and giving notice would prevent obtaining capital that would allow it to continue operations *No specific enforcing agency
Family Medical Leave Act (FMLA)
*There is a private sector and a public sector *required for businesses with >= 50 employees or If multiple work sites, more than 50 employees within a 75 mile radius also covered *Protects all employees except for "key" employees *12 weeks unpaid leave if 1250 hours worked in the 12 months preceding leave for birth, adoption, or placement of new foster child AND/OR serious health condition of the employee, employee's spouse, son, daughter or parent *Amended to allow 26 weeks for qualifying family members of a veteran seriously injured in line of duty *Employer allowed to create policy for requesting FMLA and follow with proper disciplinary procedure if not followed *Upon return from leave, employee entitled to same or substantially the same position held prior to leave *Does not cover bereavement or protect against layoffs or termination for cause *enforced by department of Labor
Labor-Management Reporting and Disclosure Act(LMRDA)
*aka Landrum-Griffin Act *PRotects private employees and unions *Sought to empower union members and reduce corruption *created a union member bill of rights -right to attend meetings -right to vote in elections and on union business -right to vote for candidate in secret elections *restraints on union practices -elections for officers every 3 years -other standards *enforced by NLRB and DOL
Labor Management Relations Act (LMRA)
*aka Taft-Hartley Act *corrects union over-reaching *Amended NLRA to protect a worker's right not to engage in concerted activity *Prohibited wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing, monetary donations by unions to federal political campaigns, and closed shops *Allowed executive branch of federal government to "strike break" if the strike interfered with national health or safety *enforced by NLRB
National Labor Relations Act (NLRA)
*aka Wagner act *applies to all private employees who belong or wish to belong to a union *allow workers to form unions *permit collective bargaining *allow workers to strike *enforced by NLRB
The Health Insurance Portability and Accountability Act (HIPAA)
*applies to all businesses that process medical info or deliver health care services or benefit plans *protects everyone, no mimimum number of employees *Cannot release private medical data without the permission of the individual covered *Companies may develop organization-wide privacy policies and procedures and inform all employees of them *Electronic, physical, and other methods must be implement to protect the security of health records *enforced by the Office of Civil Rights in the Health and Human Services Agency
Fourth Amendment to the US constitution
*applies to all employees in the public spectrum *Prohibits unreasonable governmental searches into the private affairs of employees *Enforced by federal courts
Employee Polygraph Protection Act
*applies to private employees(also some national defense, security contractors, FBI) *Prevents employers from using polygraph tests for employment recruiting and retention purposes *Allowed if employee is suspected to be involved in a situation that caused the business harm or money *Can't use to investigate drug use, for theft among co-workers, accidents, or routine shortages in inventory or cash drawers *enforced by federal courts
Whistleblower Protection Act
*covers all public/federal employees *Employee must provide written explanation of how wrongdoing involved the mismanagement, waste, or abuse of public funds, or posed a danger to safety and health of public *Protects whistleblower from retaliation *enforced by Office of Special Counsel
Title VII of the Civil Rights Act of 1964
*covers both public and private employees *>= 15 employees required for coverage *Protected classes based on race, color, sex, religion, and national origin *Created EEOC *allows for BFOQ *established criteria for disparate Impact/Disparate treatment *Enforced by EEOC
Employee Retirement Income Security Act (ERISA)
*private sector employees *Employers must provide correct information about benefits, deliver promised benefits, provide a review for disputes, manage employee funds with light level of care, abstain from interference of employee benefit rights, specify premiums and copays, and identify the administrator and any factors that may impact benefits=Summary Plan Document *enforced by IRS< DOL, and Pension Benefit Guarantee Corporation jointly
Fair Credit Reporting Act (FCRA)
*protects all public and private employees *Relates to medical records or payments, residential or tenant history, check writing history, employment history, and insurance claims *Must have written consent from applicant or employee; if applicant refuses, employer does not have to hire him/her *If info leads to adverse decision, employer must furnish the employee/applicant with negative information and rights under the law *Employee/applicant has chance to correct any erroneous info
The Norris-LaGuardia Act
*protects all public and private employees who belong to or wish to belong to a union *Established legitimacy of unions and organizing efforts *enforced by arbitration and federal courts
Privacy Act of 1974
*protects federal employees *Governs release of private information about public employees *Employees have access to personnel files, a method to correct erroneous information in the file, and power to prevent release of information in the file *enforced by federal courts
Americans with Disabilities Act(ADA)
**Covers both public and private employees *>= 15 employees required for coverage *Prohibits discrimination based on a disability *Defines disability as physical or mental impairment that substantially limits one or more major life activities *If person's condition poses direct threat to safety of others, then he/she is considered not qualified for the job *Prohibits pre-employment medical testing; permissible after job offer (can be contingent) if testing appropriately assesses physical or mental standards required for job *Enforced by EEOC
Occupational Safety and Health Act (OSHA)
*All employees covered-private, public, no minimum number of employees *All employers must comply with all DOL safety and health requirements (compliance requirement) *Employers must provide a workplace free of recognized hazards likely to cause death or serious harm (general duty clause) *Allows for spot workplace inspections, imposes fines for rules violations, and ensures that continual training is taking place *enforced by Occupational Safety and Health Administration
Drug Free Workplace Act
*Applies to federal contractors with contracts >$100k *Maintain drug-free workplaces *Provide education and enforcement of drug-free policies *but No provision for drug-testing *enforced by federal courts
Pregnancy Discrimination Act
*Covers both public and private employees *>= 15 employees required for coverage *Amended title VII *Prohibits employment discrimination on basis of pregnancy, childbirth, or pregnancy related medial conditions *Treat pregnancy as disability *Health insurance must include pregnancy related conditions at same cost as other medical coverage(excludes abortions) *Coverage must be independent of marital status *Enforced by EEOC
Age Discrimination in Employment Act(ADEA)
*Covers both public and private employees *>= 20 employees required for coverage *Protects employees/applicants 40+ years of age *Prohibits discrimination in all employment decisions on the basis of age *Prohibits mandatory retirement (except for firefighters and police officers and some executives who will make >$44k/yr. in pension benefits) *Complaint must be filed with EEOC within 180 days of alleged violation *Enforced by EEOC
Older Workers Benefit Protection Act (OWBPA)
*Covers both public and private employees *>= 20 employees required for coverage *protects employees recieving special benefits upon early retirement. *Waiver of claims if the waiver is knowing and voluntary AND employees receive additional compensation for the waiver, over and above that for which they are already entitled *Waiver must meet following conditions: Refer to employee's rights under the ADEA, contain an exchange of value, advice to consult an attorney, allow employees 21 days to consider, and provide 7 days to rescind *Waiver must meet following conditions: Refer to employee's rights under the ADEA, contain an exchange of value, advice to consult an attorney, allow employees 21 days to consider, and provide 7 days to rescind *enforced by EEOC
Immigration Reform and Control
*Covers both public and private employees *>= 4 employees required for coverage *Protects employers, citizens, and non-citizens *Prohibits hiring of illegal aliens *Illegal to hire and retain undocumented worker *Employer must verify eligibility to work in US within 3 days *established the I-9 form *Also prohibits discrimination in employment on basis of national origin or citizenship *Two BFOQs established under IRCA: a) citizenship for specific jobs and public policy functions and b) English proficiency when necessary to carry out essential functions *enforced by Immigration and Customs Enforcement(ICE)
Equal Pay Act (EPA)
*Covers both public and private employees *No minimum amount of employees required-provided for everyone *Law protects women specifically *Pay men and women equal for equal work (work, effort, skills, responsibility, and working conditions) *Covers all aspects of compensation (includes benefits) *Enforced by EEOC
Fair Labor Standards Act (FLSA)
*Covers both public and private employees *Protects most workers except children working for parents, children working s performers, and some agricultural workers *Federal minimum wage *overtime at 1.5x hourly rate for all hours in a week over 40 *Protects from abuse of child labor (retail jobs allowed with restrictions for 14 year olds, 16 year olds can work if no interference with health, education, or well-being--standards set by state law) *Tipped workers, piece rate, and per assignment (e.g., referees) must earn at least minimum wage when wages are averaged for the work week *Applies to undocumented workers (cannot knowingly hire illegals and break the law because they are illegal) *Enforced by department of Labor
Rehabilitation Act of 1973
*Covers federal employees or those receiving federal assistance *Prohibits discrimination based on a disability *Disability defined as physical or mental impairment that substantially inhibits one or more major life activities *Federal government and federal government contracts with contracts over $10,000 take affirmative action with regards to disabled *Reasonable accommodation unless undue hardship happens *Reasonable accommodation unless undue hardship happens *enforced by Agency's EEO counselor, but employee can also see final judicial review or final decision by EEOC
What is the main purpose of the economic realities test? Discover if an organization can afford to hire more employees Understand the pressure unions are putting on the cost of business Determine if a business has enough economic freedom to hire and fire whomever it deems necessary Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business
Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business
Labor-Management Reporting and Disclosure Act(Landrum-Griffin Act)
giving transparency to union members. A federal law enacted in 1959 that established a system of reporting and checks intended to uncover and prevent fraud and corruption among union officials by regulating internal operating procedures and union matters. Also known as Landrum-Griffin Act. Rights of Union Members
Public Disclosure of Private Facts
highly offensive publicity of private information
Intrusion upon seclusion
physically or technologically disturbing another's reasonable expectation of privacy
Which restraints does the Labor Management Reporting and Disclosure Act include? -Employers are prohibited from disciplining candidates and union election officials. -Unions are required to hold officer elections every three years, and candidates must have access to voter rolls. -Employers are required to permit union members one day off to vote in union elections and must provide space on site for the election. -Unions are prohibited from charging more than 1% of union members' gross pay for union dues and are prohibited from spending more than 10% of dues on officer wages.
-Employers are prohibited from disciplining candidates and union election officials.
Employees at a motor company are members of a union. The employer and the union have begun negotiating a new collective bargaining agreement.Under which circumstance has the union committed an unfair labor practice? -The union fails to attend a scheduled bargaining session with the employer. -The union comes to the bargaining table requesting an excessive number of vacation days for their employees. -The union abruptly leaves during a bargaining session after three hours when the parties disagree about benefits. -The union comes to the bargaining table with a demand for a wage increase that exceeds the current cost of living.
-The union fails to attend a scheduled bargaining session with the employer.
What are the three exceptions to employment at will?
1-Public policy-refusing to break the law, exercising a legal right, whistleblowing, fulfilling statutory duty s/a jury duty or army reserve 2-Implied contract exception 3-Covenant of good faith and fair dealing
An employee has a parent who was recently diagnosed with a terminal illness. The employee was full-time last year and worked 2000 hours.How much time off is the employee entitled to under the Family and Medical Leave Act (FMLA)? 12 weeks 15 weeks 120 days 180 days
12 weeks
Under the FCRA, which 2 of the following statements are correct? (choose 2 answers): •A. The applicant must give written permission for the employer to obtain the report. •B. The employer must be advised of the right to dispute the accuracy of the information in the report. •C. The candidate must be provided information to request a copy of the investigation. •D. Written permission is necessary to take an adverse action based on the report information.
A and D
What is a precedent? A group or person exempt from the laws Reason a law is made An exception to the rule A controlling rule, example, or guide
A controlling rule, example, or guide
Which type of employee would be considered exempt from overtime under the Fair Labor Standards Act? An employee who performs janitorial services and earns Federal minimum wage A manager with two direct reports who receives high pay A computer specialist who earns $20 an hour A lead machine operator who oversees minor repairs and earns $10 an hour
A manager with two direct reports who receives high pay
placement in a false light
A type of privacy tort. Occurs when characteristics, conduct, or beliefs are falsely attributed to an individual, this false information is broadly publicized, the person publicizing the information knew or should have known that it was false, and being placed in this false light would be highly offensive to a reasonable person.
The National Labor Relations Board has multiple functions related to labor relations. Which of the following is not among its roles? •A. Approves temporary workers to replace picketing employees •B. Verifies authorization cards as valid •C. Order remedial actions to eliminate unfair labor practices •D. Conducts elections
A. Approves temporary workers to replace picketing employees
What is the difference between a work stoppage and a strike? •A. During a work stoppage, employees will not picket the building but during a strike they will. •B. During a work stoppage, employee representatives will cease discussions with the employer, but during the strike those talks continue. •C. During a work stoppage, employees continue to meet production expectations, but during a strike they do not. •D. A work stoppage is initiated by the employer, but a strike is initiated by the union.
A. During a work stoppage, employees will not picket the building but during a strike they will.
Which act created a "bill of rights" for union members to combat wrongdoing and limit control of union leadership? •A. Labor Management Reporting and Disclosure Act •B. Taft Hartley Act •C. Wagner Act •D. Labor Management Relations Act
A. Labor Management Reporting and Disclosure Act
Serena filed a charge of discrimination against Big Bob's Automotive with the EEOC. What is the first thing that will occur? •A. The charge will be assessed and assigned a priority rating for investigation. •B. Big Bob's will be notified of the charge •C. The EEOC will seek to settle the charge. •D. The charge will be referred to mediation, depending on Big Bob's claim history.
A. The charge will be assessed and assigned a priority rating for investigation.
When does the employer have the burden of proof in an EEOC discrimination claim? Throughout the entire process After the case has been decided by the court During the period that the EEOC investigates After the plaintiff has established the prima facie case
After the plaintiff has established the prima facie case
Which legislation prohibits discrimination based on physical limitations? Family Medical Leave Act Americans with Disabilities Act Older Worker's Benefit Protection Act Age Discrimination in Employment Act
Americans with Disabilities Act
In the scope of employment context, which of the following is an example of frolic and detour? An employee runs a work errand while off work An employee runs an errand while on his/her lunch break An employee runs a personal errand while driving to a meeting at a company branch office An employee works from home for the day
An employee runs a personal errand while driving to a meeting at a company branch office
Under the Employment-At-Will Doctrine, _______________. An employer can hire whomever it wants for whatever reason it wants An employer may terminate an employee at any time, for any legal reason, without incurring liability If an employee desires to quit, he/she needs to have a legally viable reason to want to depart from the organization Only federal employers can hire and fire employees at their own will
An employer may terminate an employee at any time, for any legal reason, without incurring liability
Which of the following is not a qualification to fall under federal employment law statutes? An entity is not engaged in an industry-affecting commerce An entity maintains a hiring hall which procures employees for at least one covered employer An entity represents the employees of an employer An entity's membership exceeds a certain number
An entity is not engaged in an industry-affecting commerce
What is the definition of an employer? An entity that produces goods and services A person who works to provide a good or service for another An entity that employs another to work on his or her behalf for pay A person who pays for the goods or services of another
An entity that employs another to work on his or her behalf for pay
Which penalty is imposed by the Immigration Reform and Control Act? -A company that facilitates an illegal border crossing may face criminal liability. -An undocumented worker who supplies false employment paperwork or Social Security number may be deported. -An individual HR employee who fails to check a new worker's eligibility to work in the United States may face civil liability. -A company that discriminates against undocumented workers by hiring only United States citizens may face civil liability.
An individual HR employee who fails to check a new worker's eligibility to work in the United States may face civil liability.
A union security clause that requires all employees to join the union after they are hired is called what? •A. An agency shop clause •B. A union shop clause •C. A closed shop clause •D. A maintenance of membership clause
B. A union shop clause
Which of the following Acts created the NLRB? •A. Taft-Hartley Act •B. Wagner Act •C. Landrum-Griffin Act •D. Right to Work Act
B. Wagner Act
During the workday, an employee of a large company sends an e-mail to a friend using the company's e-mail service. The employer reads the e-mail to determine whether or not the employee is wasting time.Which legal principle governs the employer's surveillance of e-mail in this situation? -Because the employer is a large company, the employer may read the e-mail. -Because the employer read a private e-mail, the employer has violated the law. -Because the employee sent the e-mail during the workday, the employer may read the e-mail. -Because the employee used the company's e-mail service, the employer may read the e-mail.
Because the employee used the company's e-mail service, the employer may read the e-mail.
Which practice is descriptive of a church requiring clergy to be of a particular denomination? Adverse impact Disparate treatment Reverse discrimination Bona fide occupational qualification
Bona fide occupational qualification
During a unionizing campaign, management may not do which of the following in response to union allegations? •A. Point out the consequences of unionization based on past facts. •B. Encourage nonunion employees to talk about the reasons they don't want the union. •C. Tell employees the company will have to move jobs to another country if the union is elected. •D. Ask employees what the union is saying about the company.
C. Tell employees the company will have to move jobs to another country if the union is elected.
All of the following are rights of employees except for: •A. Being paid commensurate with their skills, efforts, working conditions and responsibilities •B. Safe and healthy workplace •C. Working in the best interest of the employer's goals •D. Knowing what is expected (policies, behavior, job tasks)
C. Working in the best interest of the employer's goals
Law created by judge's decisions is...
Common Law
What is the doctrince of Constructive Discharge? Conditions in which an employer needs to terminate an employee due to changing business plans and strategy Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him/her Situation in which the employer helps a discharged employee locate new employment
Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit
Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. Contract Informal Undefined Formal
Contract
Which action demonstrates a goal of affirmative action? Hiring underqualified women candidates Meeting ethnic or gender quotas Correcting discriminatory practices Promoting unqualified minority candidates
Correcting discriminatory practices
Which of the following is true about the difference between mediation and arbitration? •A. Mediation involves an objective third party, but arbitration does not •B. Arbitration involves an objective third party, but mediation does not •C. Mediators' decisions are binding, but arbitrators' decisions are not •D. Arbitrators' decisions are binding, but mediators' decisions are not
D. Arbitrators' decisions are binding, but mediators' decisions are not
Whose duty is it to suggest a reasonable accommodation that is not readily obvious? Jury Judge Employer Employee
Employee
Which employer action is a possible employer defense to a claim asserted under the federal Age Discrimination in Employment Act (ADEA)? Employing fewer than 10 employees so the ADEA does not apply Stating that job advertisements are not covered under the ADEA Requiring all full-time employees over the age of 60 to retire Stating that the supervisor who disciplined the employee is over the age of 40
Employing fewer than 10 employees so the ADEA does not apply
Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability? Employment-at-will Respondeat superior Scope of employment Dual purpose mission
Employment-at-will
Privacy Torts
False Light Public Disclosure of Private Facts Appropriation for Commercial Gain Intrusion on an Individual's Affairs or Seclusion
An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage.Which rule determines whether there was substantial impact on the protected class? Four-fifths rule Equal opportunity rule Business necessity rule Respondeat superior rule
Four-fifths rule
Which principle may prevent termination of an at-will employment relationship? Dual purpose Respondeat superior Common law agency Good faith and fair dealing
Good faith and fair dealing
Two corporations have combined their management and operations into a single place with 30 total employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law? Joint employer Sole proprietorship Integrated enterprise Limited liability partnership
Integrated Enterprise
Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n): Publicly traded company Integrated enterprise Free standing business Conglomerate
Integrated enterprise
When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as: Voiding a contract Constructive discharge Intentional interference with a contract Statute of frauds
Intentional interference with a contract
No employee with a company has ever been terminated without strict adherence to the progressive discipline procedures outlined in the employee handbook.How does the employee handbook apply in this situation? It makes employees at-will. It is an implied contract for employees. Oral modifications supersede the written handbook. The employer may deviate from it for particular employees.
It is an implied contract for employees.
An employee works for the United States Department of Defense, a public employer. To investigate allegations of misconduct, the employee's supervisor conducts a search of the employee's office.Which two standards must this search meet in order to satisfy constitutional requirements? -It must be (1) justified at its start, and (2) limited in scope. -It may not (1) be highly offensive to a reasonable person, or (2) intrude into private matters. -It may not (1) place the employee in a false light, or (2) appropriate the employee's likeness. -It must be (1) conducted while the employee is present, and (2) terminate upon the employee's objection.
It must be (1) justified at its start, and (2) limited in scope.
An employee requests a schedule change to accommodate his religious practices.According to Title VII, which action is considered an undue hardship for the employer? Mandating that other employees change their schedules against their objections. Permitting the employee to go to lunch at 12:00 pm instead of 1:00 pm once a month. Incurring minimal costs for temporary staff one week a year. Allowing the employee to leave two-hours early on a specific date once a year.
Mandating that other employees change their schedules against their objections.
Which type of information is covered by the Fair Credit Reporting Act? Medical records Employer injury claims Average employee salary Workers' compensation costs
Medical records
_____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. Montana Wrongful Discharge From Employment Act Vicarious Liability National Labor Relations Act Stare decisis
Montana Wrongful Discharge From Employment Act
The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? -Training: How much training does the employer give? -Instructions: Who controls when, where, and how work is to be done? -Integration: How closely are the employer business processes linked to a worker's performance? -Relationship: How many hours per year do the employee and employer spend time together outside of work?
Relationship: How many hours per year do the employee and employer spend time together outside of work?
A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males.Which theory does this scenario illustrate from the male's perspective? National origin Affirmative action Disparate impact Reverse discrimination
Reverse discrimination
Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: Dual purpose mission Respondeat superior Employment characteristics Scope of employment
Scope of employment
A women's shelter hires only women as intake specialists and is being sued for disparate treatment.Which role does human resources have in relation to the Equal Employment Opportunity Commission (EEOC) in this scenario? Establishing indirect evidence Providing comparative evidence Demonstrating pattern and practice Showing bona fide occupational qualification
Showing bona fide occupational qualification
Which doctrine is used by U.S. courts to align current cases with prior legal decisions? Stare decisis Judicial review Equitable estoppel Respondeat superior
Stare decisis
Which of the following laws has the least amount of power under the Supremacy Clause? State laws Federal laws Treaties and federal regulations The Constitution
State laws
Which constitutional provision mandates that federal regulations have priority over state law? Less Third Amendment Supremacy Clause Prioritization Clause Federalist Number 10
Supremacy Clause
After good faith negotiations, an employer and a labor union cannot resolve an issue and have reached an impasse.What does the National Labor Relations Act (NLRA) require in this situation? The parties must submit their last best offers to arbitration. The Federal Mediation and Conciliation Service must be notified. The parties must wait 90 days as a cooling-off period before a lockout or strike. The prior contract terms continue to govern the parties until negotiations resume.
The Federal Mediation and Conciliation Service must be notified.
A city has an opening for a firefighter. The department lists the essential job functions as being able to walk, run, jump, lift 50 pounds, drive a vehicle, and drag at least 150 pounds. An individual has applied for the position; however, the individual cannot run due to a former injury, and is requesting a reasonable accommodation. What are the city's duties and responsibilities under the Americans with Disabilities Act as it relates to this individual? *The city may reject the application because the applicant has a physical disability. *The city must consider the application and find a position that will not require running. *The city may reject the application as the applicant cannot perform one of the essential job functions. *The city must consider the application even though the applicant cannot perform one of the essential job functions.
The city may reject the application as the applicant cannot perform one of the essential job functions.
An employee at a firm uses chemicals to clean metals. The employee works with two others on an assembly line, and the facility is located on the ground floor of a multi-story industrial building.Which requirement will the firm face regarding this employee under Occupational Safety and Health Act (OSHA) regulations? The employee must be trained in life-saving techniques. The employee must be trained in safe handling of chemicals. The employee must sign a waiver acknowledging the risks inherent in handling the chemicals. The employee must be certified to supervise other employees working nearby.
The employee must be trained in safe handling of chemicals.
Tort Liability
The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused
What is a judicial review? The ability of the Supreme Court to overrule every other court The power of the Supreme Court to consider whether a law comports with the Constitution When a business is investigated by the Supreme Court When a decision cannot be made in district court, it moves to Supreme Court
The power of the Supreme Court to consider whether a law comports with the Constitution
What determines employer liability under the respondeat superior doctrine? Employee accountability Employee compensation The scope of employment The dual purpose doctrine
The scope of employment
When is a search of personal items by an employer lawful under the Privacy Act and as determined by the Supreme Court without actually deciding the merits of the matter? The search is justified at the start. The search is thorough and unlimited. The employee is suspected of frolic and detour. The employee is engaged in a dual purpose mission.
The search is justified at the start.
Which three outcomes are legally possible if parties cannot resolve one or more mandatory issues during collective bargaining negotiations and reach a deadlock?Choose 3 answers The union may call a strike. The employer may lock out the union workers. The union may lock out members of management. Either party may resume discussions with the other. The employer may poll the union members for their opinion. The issues may be deemed prohibited and no longer negotiated.
The union may call a strike. The employer may lock out the union workers, Either party may resume discussions with the other.
Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? The economic realities test The IRS 20-factor analysis The common law agency test The working description test
The working description test
Which right does an employee relinquish in exchange for worker's compensation? To take medical leave To sue the employer in tort To remain employed at-will To receive retirement vesting
To sue the employer in tort
A government agency wants to drug test its employees, but it is concerned about legal ramifications of possible privacy concerns regarding its testing. To address these concerns, the firm conducts pre-employment drug screening and random drug testing of employees each quarter.Should the firm be concerned about legal challenges to its policy? -No. While the agency can conduct more thorough drug testing including testing any of its employees without prior notice, the firm's limited policy is legally safe. -Yes. While the agency is within its rights to require random testing for its own employees, it cannot require testing of individuals who are not already employed by it. -No. Because the agency employees are public workers, they are required to submit to quarterly random drug tests under the 1991 Omnibus Transportation Testing Act. -Yes. Because the agency is a government entity, the employees are protected from drug searches unless there is reasonable suspicion that they are engaged in drug use.
Yes. Because the agency is a government entity, the employees are protected from drug searches unless there is reasonable suspicion that they are engaged in drug use.
Wagner Act aka...
also National Labor Relations Act; granted rights to unions; allowed collective bargaining
National Labor Relations Act(Wagner Act)
law passed in 1935 that protects American workers from unfair management practices, right of workers to form unions. aka Wagner Act NLRA created the NLRB Rights of Unions
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a retaliatory discharge implied covenant economic sustainability public policy exception
retaliatory discharge
To win an NLRB certification election, a union must have how many votes? •A. 51% of the votes •B. 30% of the votes •C. 100% of the votes •D. 45% of the votes
•A. 51% of the votes
The Privacy Act of 1974 includes provisions affecting ____, and applies to _____. •A. HR recordkeeping systems; all U.S. employers •B. Protected medical information; only federal agencies and organizations supplying services to the federal government •C. HR recordkeeping systems; only federal agencies and organizations supplying services to the federal government •D. Protected medical information; all U.S. employers
•A. HR recordkeeping systems; all U.S. employers
Under OSHA, employers do not have the right to do which of the following? •A. Refuse to allow an OSHA inspector on the premises •B. Refuse to make OSHA logs available •C. Prioritize repair of hazards that show imminent danger over hazards that have already injured someone •D. Consult with OSHA to correct hazards without fear of citation and penalty
•A. Refuse to allow an OSHA inspector on the premises
Premiere Semiconductors Inc. recently hired 30 new assemblers. The following groups of people applied and were hired; which group(s) experienced disparate impact:African Americans: 22 applied, 10 hiredCaucasians: 28 applied, 14 hiredHispanics: 20 applied, 6 hired. •A. African Americans •B. Hispanics •C. African Americans and the Hispanics •D. There is not sufficient information to answer this question.
•B. Hispanics
Fred is a machine operator for the ABC Factory in Champaign, Illinois. ABC has 1500 employees and has been in business for 15 years. Fred works second shift and is paid $15.00 per hour. Under the FLSA, ABC must pay Fred under which of the following circumstances? •A. Time spent driving to and from the factory for his shifts •B. Time at work, reading a book while waiting for her machine to be fixed •C. Time at home, waiting to be called to work (no significant restrictions) •D. Time attending a non-company sponsored training program
•B. Time at work, reading a book while waiting for her machine to be fixed
Which of the following is not a BFOQ? •A. A synagogue hiring a new rabbi requires that the rabbi be Jewish •B. A lingerie catalogue hires only female models •C. A retail store in a predominantly Asian neighborhood advertises for Asian clerks •D. A swimming club requires that the men's changing room attendant be male
•C. A retail store in a predominantly Asian neighborhood advertises for Asian clerks
The Immigration Reform and Control Act (IRCA) requires employers to ask for ____ as part of completing the I-9 form. •A. Proof of citizenship •B. Driver's license and social security card •C. Evidence of the right to work in the U.S. •D. Evidence of application for a social security number
•C. Evidence of the right to work in the U.S.
Which of the following would not be considered a union tactic to apply pressure to management to agree to proposals during collective bargaining? •A. Strike •B. Work slowdown •C. Lockout •D. Boycott
•C. Lockout-lockouts are done by management
The FMLA requires employers to allow eligible employees to do all the following except: •A. Take a total of 12 weeks' leave during a 12-month period •B. Return to the same or similar job •C. Retain all earned sick and vacation pay until returning to work •D. Ask for recertification of FMLA at the end of year one
•C. Retain all earned sick and vacation pay until returning to work
Jeffrey has come forward with an allegation of quid pro quo harassment by his supervisor. As the HR Manager, you are responsible for investigating the complaint. The supervisor in question is someone with whom you are friends. In this case, who is the best person to conduct the investigation? •A. You •B. The corporate attorney •C. The direct manager of the accused supervisor •D. A third-party investigator
•D. A third-party investigator
. Energetic Pets, Inc. has four locations in Kentucky, employing 2000. One thousand of the employees are part-time and the other 1000 are full-time. At the headquarters location in Covington, recent storms caused severe flooding and half of the building and its materials were destroyed. Which of the following under WARN is true? •A. Energetic can lay off only 50% of the employees, aligned with the portion of the building that was destroyed. •B. Energetic must give 60 days notice to the employees who will be laid off. •C. Energetic must take 60 days to lay off employees, staggering the number of people and by status (full time versus part time). •D. Energetic can lay off as many employees as it deems necessary.
•D. Energetic can lay off as many employees as it deems necessary.
All of the following are exceptions to the ADEA except for: •A. Discharge or discipline for just cause •B. BFOQs that are reasonably necessary to business operations •C. Executives aged 65 plus, with 2 years in office and retirement at $44,000 plus per year •D. Key employees, aged 40 to 64, working for state or local government
•D. Key employees, aged 40 to 64, working for state or local government
Liam applied for a position with Home Pros as one of their apprentices. Home Pros provides mobile "fix it" services to residents. One part of the selection process is passing a drug test. Which of the following statements is true? •A. Home Pros cannot drug test without Liam's as part of its random drug testing policy. •B. Home Pros can only test Liam after a conditional job offer is made. •C. Liam can refuse to be drug tested since he has a record of drug addiction. •D. Liam can refuse the drug test, but Home Pros can eliminate him from the selection process as a result.
•D. Liam can refuse the drug test, but Home Pros can eliminate him from the selection process as a result.
The Longstreet Manufacturing company has a bargaining contract in place. It contains a no-strike clause; therefore, an employee can be terminated for participating in all the following strikes except for: •A. Jurisdictional •B. Wildcat •C. Sympathy •D. Unfair Labor Practices
•D. Unfair Labor Practices
