Question 1

The Fair Labor Standards Act

Accepted Answer

A) wage provisions do not apply to professional or managerial employees. 
B) limits the number of hours an employer can require a person to work in any given week. 
C) does not apply to children. 
D) does not address payment for overtime work beyond the standard 40 hour work week. 
A) wage provisions do not apply to professional or managerial employees. 
B) limits the number of hours an employer can require a person to work in any given week. 
C) does not apply to children. 
D) does not address payment for overtime work beyond the standard 40 hour work week.

Question 2

Valley Mart told its employees that they would be fired if they actively supported a unionizing effort.Valley Mart has committed an unfair labor practice.

Accepted Answer

A) True 
 B)False

Question 3

Some courts have held that employee handbooks create binding contract terms.

Accepted Answer

A) True 
 B)False

Question 4

Prior to the Industrial Revolution,the primary English law of employment was that,in the absence of a contract,a worker was hired for a year at a time.

Accepted Answer

A) True 
 B)False

Question 5

Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for higher wages and better benefits.Shortly thereafter,the company began hiring permanent replacement workers.After a hard eight-month strike,the union and the company reached an agreement.When the strike was over,Connie was upset that she was not given her job back.The replacement worker that took over her job was retained.She believes she has a legal right to her job,especially since she was a faithful employee for over 20 years.Is Connie right? Explain.

Accepted Answer

No.Connie has no legal claim to require

Question 6

Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.

Accepted Answer

A) True 
 B)False

Question 7

What is wrongful dischargeand under what circumstances? does the law prohibit the discharge of a worker?

Accepted Answer

Wrongful discharge means that an employe

Question 8

Under the federal legislation known as OSHA

Accepted Answer

A) employers must keep records of all workplace injuries. 
B) employers must keep records of positive results of workplace drug tests. 
C) employers must keep a record of recognized hazards used in the workplace. 
D) employers may monitor workers' e-mail messages if the monitoring is done in the ordinary course of business and the employer provides the e-mail system. 
A) employers must keep records of all workplace injuries. 
B) employers must keep records of positive results of workplace drug tests. 
C) employers must keep a record of recognized hazards used in the workplace. 
D) employers may monitor workers' e-mail messages if the monitoring is done in the ordinary course of business and the employer provides the e-mail system.

Question 9

The Family and Medical Leave Act applies to

Accepted Answer

A) all companies, public or private, regardless of size. 
B) companies with 50 or more employees. 
C) companies with 100 or more employees. 
D) any company engaged in interstate commerce. 
A) all companies, public or private, regardless of size. 
B) companies with 50 or more employees. 
C) companies with 100 or more employees. 
D) any company engaged in interstate commerce.

Question 10

The workers at Thom Trucking went on strike over wages.Thom Trucking may hire permanent replacement workers.

Accepted Answer

A) True 
 B)False

Question 11

The management and union at TriColor have bargained for two years without reaching an agreement.After notifying the union,TriColor prohibited the workers from entering the factory to work.This is a lockout.

Accepted Answer

A) True 
 B)False

Question 12

Orson was fired from his job behind the ticket counter at the airport.He was loudly told to put his personal belongings into a plastic bag and was led out by security guards in front of his co-workers and customers.His supervisor told him not to return.Orson's employer faces potential liability for:

Accepted Answer

A) intentional infliction of emotional distress. 
B) whistleblowing. 
C) defamation. 
D) violation of the FLSA. 
A) intentional infliction of emotional distress. 
B) whistleblowing. 
C) defamation. 
D) violation of the FLSA.

Question 13

Employees of Mega Corp.have gone out on strike seeking better pay.Mega Corp.announces that if the union does not end the strike it will begin hiring replacement workers.Which statement is correct?

Accepted Answer

A) Hiring replacement workers during a strike is an unfair labor practice. 
B) Mega Corp can only hire replacement workers if the collective bargaining agreement expressly gives the company the right to do so. 
C) Mega Corp can only hire replacement workers if it gives the union 14 days' notice prior to actually bringing in the replacement employees. 
D) Mega Corp can hire replacement workers at any time during a strike. 
A) Hiring replacement workers during a strike is an unfair labor practice. 
B) Mega Corp can only hire replacement workers if the collective bargaining agreement expressly gives the company the right to do so. 
C) Mega Corp can only hire replacement workers if it gives the union 14 days' notice prior to actually bringing in the replacement employees. 
D) Mega Corp can hire replacement workers at any time during a strike.

Question 14

Secondary boycotts

Accepted Answer

A) are generally legal provided the boycott is peaceful. 
B) are generally legal provided the boycott does not involve public employees such as nurses or school teachers. 
C) are not expressly permitted nor prohibited under federal law. 
D) are generally illegal. 
A) are generally legal provided the boycott is peaceful. 
B) are generally legal provided the boycott does not involve public employees such as nurses or school teachers. 
C) are not expressly permitted nor prohibited under federal law. 
D) are generally illegal.

Question 15

During the hiring interview,Supervisor Staci told Henry that as long as he did his job as requested,he would have a job until he retired.Courts have been willing to enforce such an oral promise under the Truth in Hiring doctrine,even if the company's top management did not approve the statement.

Accepted Answer

A) True 
 B)False

Question 16

Jenna works for Mega Corp as a production employee.She is paid an hourly wage.She wishes to negotiate her own employment contract with management since she does not agree with the terms of her union's collective bargaining agreement.Can Jenna negotiate her own contract? Explain.

Accepted Answer

No.Once Jenna's union was certified as t

Question 17

A union declares its workers are going on strike.The employer states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause.The union claims the CBA's no-strike provision is not binding since new union leadership is in place.Which of the following statements is correct?

Accepted Answer

A) The union can strike since new leadership is now in control. 
B) The union can strike since no-strike provisions have been ruled by the courts to be unenforceable. 
C) The union cannot strike, as strikes to exert economic pressure on management are prohibited by the NLRA. 
D) The union cannot strike because of the no-strike clause in the contract. 
A) The union can strike since new leadership is now in control. 
B) The union can strike since no-strike provisions have been ruled by the courts to be unenforceable. 
C) The union cannot strike, as strikes to exert economic pressure on management are prohibited by the NLRA. 
D) The union cannot strike because of the no-strike clause in the contract.

Question 18

Ron and several fellow workers of Vicy,Inc.,a small manufacturing company,wished to organize a union.When Vicy learned of this activity,it issued a bulletin to all workers stating that a union will only hurt the company and that "we are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?

Accepted Answer

A) Vicy has committed an unfair labor practice.Vicy must remain neutral during the organizing drive. 
B) Vicy has committed an unfair labor practice. The bulletin constitutes outrageous interference with the union organizing campaign. 
C) Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its employees. 
D) Whether Vicy has committed an unfair labor practice depends on whether the bulletin was approved by the NLRB. 
A) Vicy has committed an unfair labor practice.Vicy must remain neutral during the organizing drive. 
B) Vicy has committed an unfair labor practice. The bulletin constitutes outrageous interference with the union organizing campaign. 
C) Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its employees. 
D) Whether Vicy has committed an unfair labor practice depends on whether the bulletin was approved by the NLRB.

Question 19

A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time.Thus,employees may work for a few days or only a few hours before walking off the job again.The employer claims the union does not have the legal right to engage in a partial strike.Which statement is correct?

Accepted Answer

A) The employer is correct.The union must either strike or work-it cannot alternate between working and striking. 
B) The employer is correct only if the union does not state the specific hours or days workers will be off the job. The law requires the union to provide the employer with at least seven days' notice of when workers will be off the job. 
C) The employer is not correct since the NLRA expressly states workers have a right to engage in a partial strike. 
D) Whether the employer is correct depends on state law. 
A) The employer is correct.The union must either strike or work-it cannot alternate between working and striking. 
B) The employer is correct only if the union does not state the specific hours or days workers will be off the job. The law requires the union to provide the employer with at least seven days' notice of when workers will be off the job. 
C) The employer is not correct since the NLRA expressly states workers have a right to engage in a partial strike. 
D) Whether the employer is correct depends on state law.

Question 20

Zoe,who works as a retail clerk,wishes to talk with her co-workers about organizing a union.Her employer forbids her from talking with other workers about union activity in the presence of customers and threatens to fire her if she joins the union.Does the employer have a legal right to make this threat to Zoe?

Accepted Answer

A) Yes, the employer may prohibit its employees from discussions about union organizing. 
B) Yes, but only if expressly authorized by state law. 
C) No, an employee has the right of free speech at anytime. 
D) No. An employee may limit the time and place of conversation, but may not threaten to fire the employee. 
A) Yes, the employer may prohibit its employees from discussions about union organizing. 
B) Yes, but only if expressly authorized by state law. 
C) No, an employee has the right of free speech at anytime. 
D) No. An employee may limit the time and place of conversation, but may not threaten to fire the employee.

Exam 29: Employment and Labor Law

The Fair Labor Standards Act

Valley Mart told its employees that they would be fired if they actively supported a unionizing effort.Valley Mart has committed an unfair labor practice.

Some courts have held that employee handbooks create binding contract terms.

Prior to the Industrial Revolution,the primary English law of employment was that,in the absence of a contract,a worker was hired for a year at a time.

Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.

What is wrongful dischargeand under what circumstances? does the law prohibit the discharge of a worker?

Under the federal legislation known as OSHA

The Family and Medical Leave Act applies to

The workers at Thom Trucking went on strike over wages.Thom Trucking may hire permanent replacement workers.

The management and union at TriColor have bargained for two years without reaching an agreement.After notifying the union,TriColor prohibited the workers from entering the factory to work.This is a lockout.

Employees of Mega Corp.have gone out on strike seeking better pay.Mega Corp.announces that if the union does not end the strike it will begin hiring replacement workers.Which statement is correct?

Secondary boycotts

During the hiring interview,Supervisor Staci told Henry that as long as he did his job as requested,he would have a job until he retired.Courts have been willing to enforce such an oral promise under the Truth in Hiring doctrine,even if the company's top management did not approve the statement.

Jenna works for Mega Corp as a production employee.She is paid an hourly wage.She wishes to negotiate her own employment contract with management since she does not agree with the terms of her union's collective bargaining agreement.Can Jenna negotiate her own contract? Explain.

Introduction to Law

Business Ethics and Corporate Social Responsibility

International Law

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Dispute Resolution

Crime

Intentional Torts and Business Torts

Negligence, Strict Liability, and Product Liability

Cyberlaw and Privacy

Introduction to Contracts

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Consideration

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Capacity and Consent

Written Contracts

Third Parties

Performance, Breach and Discharge

Remedies

Practical Contracts

Introduction to Sales

Ownership, Risk and Warranties

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Secured Transactions

Creating a Negotiable Instrument

Liability for Negotiable Instruments

Accountants' Liability

Agency Law

Employment Discrimination

Starting a Business: LLCs and Other Options

Partnerships

Life and Death of a Corporation

Management Duties

Shareholder Rights

Bankruptcy

Securities Regulation

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Planning for the Future: Estates and Insurance

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