Question 1

Violators of the Immigration Reform and Control Act are subject to both civil and criminal penalties.

Accepted Answer

A) True 
 B)False  True

Question 2

The Worker Adjustment and Retraining Notification Act exempts an employer from giving notice of an otherwise-covered layoff or plant closing if:

Accepted Answer

A)  the giving of notice would work an undue hardship on the employer. 
B)  the employer was seeking capital investment in the business, and notice of the layoff or closing would have precluded the employer from acquiring the capital. 
C)  the employees are represented by a union. 
D)  the employees are not represented by a union. 
E)  rumors of the closing already existed at the time the notice would have been required. 
A)  the giving of notice would work an undue hardship on the employer. 
B)  the employer was seeking capital investment in the business, and notice of the layoff or closing would have precluded the employer from acquiring the capital. 
C)  the employees are represented by a union. 
D)  the employees are not represented by a union. 
E)  rumors of the closing already existed at the time the notice would have been required. B

Question 3

Workers' compensation acts do not bar injured workers from suing responsible third parties to recover damages.

Accepted Answer

A) True 
 B)False  True

Question 4

Managerial,administrative,and professional employees are covered by the Fair Labor Standard Act's wage and hour provisions.

Accepted Answer

A) True 
 B)False

Question 5

The federal minimum wage is set by the United States Department of Labor and can be changed.

Accepted Answer

A) True 
 B)False

Question 6

The National Labor Relations Board supervises which type(s)of union elections?

Accepted Answer

A)  contested elections 
B)  uncontested elections 
C)  contested and uncontested elections 
D)  neither contested nor uncontested elections 
E)  only elections in which both the employer and the union request supervision 
A)  contested elections 
B)  uncontested elections 
C)  contested and uncontested elections 
D)  neither contested nor uncontested elections 
E)  only elections in which both the employer and the union request supervision

Question 7

Employers can prevent employees from entering the workplace if the employer reasonably anticipates a strike.

Accepted Answer

A) True 
 B)False

Question 8

Under the Fair Labor Standards Act,persons age 18 and older may only work a set number of hours at a hazardous job.

Accepted Answer

A) True 
 B)False

Question 9

The Worker Adjustment and Retraining Notification Act requires notification to be given:

Accepted Answer

A)  six months in advance for any plant closing. 
B)  sixty days in advance for any plant closing. 
C)  sixty days in advance for plant closings resulting in the loss of fifty or more jobs, but not for temporary layoffs. 
D)  sixty days in advance for plant closings resulting in the loss of fifty or more jobs, and for layoffs of fifty employees or thirty-three percent of workers at a site for thirty days or more. 
E)  sixty days in advance for plant closings resulting in the loss of fifty or more jobs, and thirty days in advance for layoffs affecting more than thirty-three workers at the site. 
A)  six months in advance for any plant closing. 
B)  sixty days in advance for any plant closing. 
C)  sixty days in advance for plant closings resulting in the loss of fifty or more jobs, but not for temporary layoffs. 
D)  sixty days in advance for plant closings resulting in the loss of fifty or more jobs, and for layoffs of fifty employees or thirty-three percent of workers at a site for thirty days or more. 
E)  sixty days in advance for plant closings resulting in the loss of fifty or more jobs, and thirty days in advance for layoffs affecting more than thirty-three workers at the site.

Question 10

"Vesting," as used in a pension plan,means:

Accepted Answer

A)  there are adequate funds to pay expected benefits. 
B)  a beneficiary's right to receive payments cannot be violated. 
C)  the plan covers all eligible employees. 
D)  the plan is adequately-insured. 
E)  the plan has qualified for all government approvals. 
A)  there are adequate funds to pay expected benefits. 
B)  a beneficiary's right to receive payments cannot be violated. 
C)  the plan covers all eligible employees. 
D)  the plan is adequately-insured. 
E)  the plan has qualified for all government approvals.

Question 11

In Medrano v.Marshall Electrical Contracting Inc.,the court had to determine whether Medrano was covered by workers' compensation when he was killed while driving home from a night class.They said:

Accepted Answer

A)  since he was driving home, the "coming and going" rule prevented a valid lawsuit. 
B)  the class was solely benefiting Medrano, so the employer had no liability. 
C)  even though the class made Medrano a better employee and benefited the company, Medrano was kill off of the company premises, so it was not a job related injury and the company was not liable. 
D)  because the class made Medrano a better employee and the company benefited from having a better employee, the "mutual benefit" doctrine applied, and the company was liable for workers' compensation benefits. 
E)  because Medrano was killed by a drunk driver, since the company had no control of the situation, and since the company could not have acted to prevent the injury, the employee's death was not a compensable, work-related injury. 
A)  since he was driving home, the "coming and going" rule prevented a valid lawsuit. 
B)  the class was solely benefiting Medrano, so the employer had no liability. 
C)  even though the class made Medrano a better employee and benefited the company, Medrano was kill off of the company premises, so it was not a job related injury and the company was not liable. 
D)  because the class made Medrano a better employee and the company benefited from having a better employee, the "mutual benefit" doctrine applied, and the company was liable for workers' compensation benefits. 
E)  because Medrano was killed by a drunk driver, since the company had no control of the situation, and since the company could not have acted to prevent the injury, the employee's death was not a compensable, work-related injury.

Question 12

Even if replacement workers are given permanent status,they must be dismissed when the strike is over.

Accepted Answer

A) True 
 B)False

Question 13

The Consolidated Omnibus Budget Reconciliation Act of 1985 provides that the employer must cover the cost for an employee of a private employer to continue his or her group health insurance after the voluntary termination of employment.

Accepted Answer

A) True 
 B)False

Question 14

Unions support right-to-work laws.

Accepted Answer

A) True 
 B)False

Question 15

Once a strike has begun,it is legal for the employer to use which kind(s)of workers?

Accepted Answer

A)  replacement workers 
B)  crossover workers 
C)  replacement and crossover workers 
D)  neither replacement nor crossover workers 
E)  management workers only 
A)  replacement workers 
B)  crossover workers 
C)  replacement and crossover workers 
D)  neither replacement nor crossover workers 
E)  management workers only

Question 16

Employers are prohibited from engaging in unfair labor practices that interfere with a union election,but unions are not prohibited from engaging in such practices.

Accepted Answer

A) True 
 B)False

Question 17

If employees no longer want to be represented by a union,a ________ election will be held.

Accepted Answer

A)  dissolution 
B)  certification 
C)  decertification 
D)  corroborating 
E)  deauthorization 
A)  dissolution 
B)  certification 
C)  decertification 
D)  corroborating 
E)  deauthorization

Question 18

Work-related stress is covered under workers' compensation laws.

Accepted Answer

A) True 
 B)False

Question 19

Under the Fair Labor Standards Act,an employer cannot require non-exempt employees to work more than 40 hours per week unless they are paid overtime pay of one-and-a-half times their regular pay for each hour worked in excess of 40 hours that week.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following statutes provides employees with the right to collectively bargain?

Accepted Answer

A)  the Norris-LaGuardia Act 
B)  the National Labor Relations Act 
C)  the Labor-Management Relations Act 
D)  the Worker Adjustment and Retraining Notification Act 
E)  the Labor-Management Reporting and Disclosure Act 
A)  the Norris-LaGuardia Act 
B)  the National Labor Relations Act 
C)  the Labor-Management Relations Act 
D)  the Worker Adjustment and Retraining Notification Act 
E)  the Labor-Management Reporting and Disclosure Act

Exam 35: Labor, Worker Protection, Employment, and Immigration Law

Violators of the Immigration Reform and Control Act are subject to both civil and criminal penalties.

The Worker Adjustment and Retraining Notification Act exempts an employer from giving notice of an otherwise-covered layoff or plant closing if:

Workers' compensation acts do not bar injured workers from suing responsible third parties to recover damages.

Managerial,administrative,and professional employees are covered by the Fair Labor Standard Act's wage and hour provisions.

The federal minimum wage is set by the United States Department of Labor and can be changed.

The National Labor Relations Board supervises which type(s)of union elections?

Employers can prevent employees from entering the workplace if the employer reasonably anticipates a strike.

Under the Fair Labor Standards Act,persons age 18 and older may only work a set number of hours at a hazardous job.

The Worker Adjustment and Retraining Notification Act requires notification to be given:

"Vesting," as used in a pension plan,means:

In Medrano v.Marshall Electrical Contracting Inc.,the court had to determine whether Medrano was covered by workers' compensation when he was killed while driving home from a night class.They said:

Even if replacement workers are given permanent status,they must be dismissed when the strike is over.

The Consolidated Omnibus Budget Reconciliation Act of 1985 provides that the employer must cover the cost for an employee of a private employer to continue his or her group health insurance after the voluntary termination of employment.

Unions support right-to-work laws.

Once a strike has begun,it is legal for the employer to use which kind(s)of workers?

Employers are prohibited from engaging in unfair labor practices that interfere with a union election,but unions are not prohibited from engaging in such practices.

If employees no longer want to be represented by a union,a ________ election will be held.

Work-related stress is covered under workers' compensation laws.

Under the Fair Labor Standards Act,an employer cannot require non-exempt employees to work more than 40 hours per week unless they are paid overtime pay of one-and-a-half times their regular pay for each hour worked in excess of 40 hours that week.

Which of the following statutes provides employees with the right to collectively bargain?

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Courts and Jurisdiction

Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

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