Question 1

Which of the following is true regarding employment laws within the European Union?

Accepted Answer

A)  The European Union has attempted to bring uniformity to the laws related to termination of employment. 
B)  No member states of the European Union recognize the U.S. concept of employment at will. 
C)  The European Union has attempted to bring uniformity to the laws related to termination of employment, but laws of the United Kingdom provide significantly more benefits and legal protection to employees than do the employment laws of France. 
D)  In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment. 
A)  The European Union has attempted to bring uniformity to the laws related to termination of employment. 
B)  No member states of the European Union recognize the U.S. concept of employment at will. 
C)  The European Union has attempted to bring uniformity to the laws related to termination of employment, but laws of the United Kingdom provide significantly more benefits and legal protection to employees than do the employment laws of France. 
D)  In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment.

Question 2

What did the U.S.Supreme Court rule regarding the drug testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms?

Accepted Answer

A)  That drug testing would be allowed only if the government could establish evidence of a drug problem among that group of customs employees. 
B)  That the drug testing was illegal and unconstitutional. 
C)  That the drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved. 
D)  That the drug testing would be allowed because the customs employees, as public employees, had no greater rights than private employees. 
A)  That drug testing would be allowed only if the government could establish evidence of a drug problem among that group of customs employees. 
B)  That the drug testing was illegal and unconstitutional. 
C)  That the drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved. 
D)  That the drug testing would be allowed because the customs employees, as public employees, had no greater rights than private employees.

Question 3

Because of sufficient federal protection,states have not enacted laws addressing illegal immigration.

Accepted Answer

A) True 
 B)False

Question 4

Around half the states originally followed the employment-at-will rule.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following are generally not subject to the employment-at-will rule?

Accepted Answer

A)  Public employees 
B)  Employees who have express employment contracts for a fixed term and public employees 
C)  Public employees and union employees 
D)  Public employees, employees who have express employment contracts for a fixed term, and union employees 
A)  Public employees 
B)  Employees who have express employment contracts for a fixed term and public employees 
C)  Public employees and union employees 
D)  Public employees, employees who have express employment contracts for a fixed term, and union employees

Question 6

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is

Accepted Answer

A)  the Occupational Safety and Health Administration 
B)  the Safe Workplace Administration 
C)  the Health in the Workplace Administration 
D)  the Federal Employment Oversight Administration 
A)  the Occupational Safety and Health Administration 
B)  the Safe Workplace Administration 
C)  the Health in the Workplace Administration 
D)  the Federal Employment Oversight Administration

Question 7

Which of the following is true regarding private employer monitoring of employee e-mail on company-owned equipment?

Accepted Answer

A)  There is a federal law prohibiting private employers from monitoring employee e-mail on company-owned equipment. 
B)  Most states have state laws prohibiting private employers from monitoring employee e-mail on company-owned equipment. 
C)  Most states allow private employers to monitor employee e-mail on company-owned equipment, but employees must first be warned that the e-mail will be monitored. 
D)  Most courts have upheld a private employer's right to monitor employee e-mail on company-owned equipment. 
A)  There is a federal law prohibiting private employers from monitoring employee e-mail on company-owned equipment. 
B)  Most states have state laws prohibiting private employers from monitoring employee e-mail on company-owned equipment. 
C)  Most states allow private employers to monitor employee e-mail on company-owned equipment, but employees must first be warned that the e-mail will be monitored. 
D)  Most courts have upheld a private employer's right to monitor employee e-mail on company-owned equipment.

Question 8

State and local governments are prohibited from complying with the overtime provisions of the Fair Labor Standards Act by giving employees compensatory time in lieu of overtime pay.

Accepted Answer

A) True 
 B)False

Question 9

Even if an individual is an at-will employee,in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

Accepted Answer

A) True 
 B)False

Question 10

Courts in a minority of states have recognized a bad-faith exception to the at-will employment relationship called the ______.

Accepted Answer

A)  Implied covenant of good faith and fair dealing 
B)  Imposed contract of fair treatment 
C)  Imposed contract of fair treatment and ethical conduct 
D)  Implied obligation of fairness and ethics 
A)  Implied covenant of good faith and fair dealing 
B)  Imposed contract of fair treatment 
C)  Imposed contract of fair treatment and ethical conduct 
D)  Implied obligation of fairness and ethics

Question 11

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

Accepted Answer

A) True 
 B)False

Question 12

Fact Pattern 12-2
Paige is 64 years old and would like to retire from her job at a large accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it.
-Refer to Fact Pattern 12-2. Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare?

Accepted Answer

A)  The Health Insurance Portability and Accountability Act 
B)  The Consolidated Omnibus Budget Reconciliation Act 
C)  The Employee Security Act 
D)  The Insurance Protection Act 
A)  The Health Insurance Portability and Accountability Act 
B)  The Consolidated Omnibus Budget Reconciliation Act 
C)  The Employee Security Act 
D)  The Insurance Protection Act

Question 13

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

Accepted Answer

A)  The Employee Retirement and Protection Income Security Act 
B)  The Dodd-Frank Wall Street Reform and Consumer Protection Act. 
C)  The Wagner Act 
D)  The SEC Accountability and Reform Act to Protect Consumer Investors 
A)  The Employee Retirement and Protection Income Security Act 
B)  The Dodd-Frank Wall Street Reform and Consumer Protection Act. 
C)  The Wagner Act 
D)  The SEC Accountability and Reform Act to Protect Consumer Investors

Question 14

Which of the following is not typically true of a state workers' compensation statute?

Accepted Answer

A)  The system is no-fault. 
B)  The system is based on the principle that the risks of injury in the workplace should be borne by the state. 
C)  An employee is entitled to benefits regardless of the level of safety in the work environment. 
D)  An employee is entitled to benefits regardless of the degree to which the employee's carelessness contributed to the incident. 
A)  The system is no-fault. 
B)  The system is based on the principle that the risks of injury in the workplace should be borne by the state. 
C)  An employee is entitled to benefits regardless of the level of safety in the work environment. 
D)  An employee is entitled to benefits regardless of the degree to which the employee's carelessness contributed to the incident.

Question 15

The majority of states have refused to adopt the doctrine of self-publication to support a cause of action for defamation.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is true regarding compensation for hours worked under the Fair Labor Standards Act when an employee is asked to be on standby - that is,available to return to work while off duty?

Accepted Answer

A)  If an employee is asked to be on standby, the hours spent on standby will not be counted as hours worked if the employee is generally free to use the time for his or her own purposes. 
B)  If an employee is asked to be on standby, the hours spent on standby will be counted as hours worked for which the employee is entitled to compensation even if the employee is generally free to
Use the time for his or her own purposes. 
C)  If an employee is asked to be on standby, the hours spent on standby will be counted as hours worked; but the employee is only entitled to one-half of the employee's regular pay for those hours. 
D)  If an employee is asked to be on standby, the hours spent on standby will be counted as hours worked; but the employee is only entitled to three-fourths of the employee's regular pay for those
Hours. 
A)  If an employee is asked to be on standby, the hours spent on standby will not be counted as hours worked if the employee is generally free to use the time for his or her own purposes. 
B)  If an employee is asked to be on standby, the hours spent on standby will be counted as hours worked for which the employee is entitled to compensation even if the employee is generally free to
Use the time for his or her own purposes. 
C)  If an employee is asked to be on standby, the hours spent on standby will be counted as hours worked; but the employee is only entitled to one-half of the employee's regular pay for those hours. 
D)  If an employee is asked to be on standby, the hours spent on standby will be counted as hours worked; but the employee is only entitled to three-fourths of the employee's regular pay for those
Hours.

Question 17

Which of the following are included within OSHA requirements regarding posting of information?

Accepted Answer

A)  OSHA requires that notices of any potentially dangerous conditions be posted. 
B)  OSHA requires that any citations for violations be posted. 
C)  OSHA requires that notices of any potentially dangerous conditions be posted and also that citations for penalties be posted. 
D)  OSHA does not have any posting requirements. 
A)  OSHA requires that notices of any potentially dangerous conditions be posted. 
B)  OSHA requires that any citations for violations be posted. 
C)  OSHA requires that notices of any potentially dangerous conditions be posted and also that citations for penalties be posted. 
D)  OSHA does not have any posting requirements.

Question 18

The federal Sarbanes-Oxley Act removed several federal whistleblower provisions applicable to nongovernment employees.

Accepted Answer

A) True 
 B)False

Question 19

In a ______,the employer guarantees that the participant will receive an annual benefit for life following retirement,or the actuarial equivalent of such a benefit,based on a formula in the plan regardless of contributions made or the plan's investment performance.

Accepted Answer

A)  Defined contribution pension plan 
B)  401(k) plan 
C)  Employee stock ownership plan 
D)  Defined benefit pension plan 
A)  Defined contribution pension plan 
B)  401(k) plan 
C)  Employee stock ownership plan 
D)  Defined benefit pension plan

Question 20

States vary in their willingness to enforce noncompete agreements.

Accepted Answer

A) True 
 B)False

Exam 12: The employment agreement

Which of the following is true regarding employment laws within the European Union?

What did the U.S.Supreme Court rule regarding the drug testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms?

Because of sufficient federal protection,states have not enacted laws addressing illegal immigration.

Around half the states originally followed the employment-at-will rule.

Which of the following are generally not subject to the employment-at-will rule?

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is

Which of the following is true regarding private employer monitoring of employee e-mail on company-owned equipment?

State and local governments are prohibited from complying with the overtime provisions of the Fair Labor Standards Act by giving employees compensatory time in lieu of overtime pay.

Even if an individual is an at-will employee,in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

Courts in a minority of states have recognized a bad-faith exception to the at-will employment relationship called the ______.

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

Which of the following is not typically true of a state workers' compensation statute?

The majority of states have refused to adopt the doctrine of self-publication to support a cause of action for defamation.

Which of the following is true regarding compensation for hours worked under the Fair Labor Standards Act when an employee is asked to be on standby - that is,available to return to work while off duty?

Which of the following are included within OSHA requirements regarding posting of information?

The federal Sarbanes-Oxley Act removed several federal whistleblower provisions applicable to nongovernment employees.

In a ______,the employer guarantees that the participant will receive an annual benefit for life following retirement,or the actuarial equivalent of such a benefit,based on a formula in the plan regardless of contributions made or the plan's investment performance.

States vary in their willingness to enforce noncompete agreements.

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