Question 1

The LMRA empowers the U.S.President to obtain an injunction for an 120-day cooling off period for a strike likely to endanger the national health or safety.

Accepted Answer

A) True 
 B)False

Question 2

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

Accepted Answer

A) True 
 B)False

Question 3

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

Accepted Answer

A) True 
 B)False

Question 4

The FLSA is not the federal minimum wage statute.

Accepted Answer

A) True 
 B)False

Question 5

Affirmative action generally means active recruitment of a designated group of applicants.

Accepted Answer

A) True 
 B)False

Question 6

Reverse discrimination refers to achieving affirmative action by remedying the underrepresentation of a given race or sex in a traditionally segregated job by considering race and gender when hiring or promoting individuals.

Accepted Answer

A) True 
 B)False

Question 7

A "closed shop" is:

Accepted Answer

A) the same as a "runaway" shop. 
B) one in which a union once existed but has since been voted out. 
C) one in which a union is barred. 
D) outlawed by the Taft-Hartley Act. 
A) the same as a "runaway" shop. 
B) one in which a union once existed but has since been voted out. 
C) one in which a union is barred. 
D) outlawed by the Taft-Hartley Act.

Question 8

What are the powers of the Equal Employment Opportunity Commission (EEOC)?

Accepted Answer

The EEOC is empowered to (1) file legal

Question 9

The Federal Employee Polygraph Protection Act of 1988:

Accepted Answer

A) prohibits private employers (with some exceptions) from using lie detector tests or test results as grounds for adverse employment decisions. 
B) prohibits only the federal government's use of polygraphs for making employment decisions. 
C) allows polygraphs of employees only to determine illegal drug use by them. 
D) completely prohibits all use of polygraphs by employers. 
A) prohibits private employers (with some exceptions) from using lie detector tests or test results as grounds for adverse employment decisions. 
B) prohibits only the federal government's use of polygraphs for making employment decisions. 
C) allows polygraphs of employees only to determine illegal drug use by them. 
D) completely prohibits all use of polygraphs by employers.

Question 10

What are the remedies available for violations of the Civil Rights Act of 1964?

Accepted Answer

Enjoining the employer from engaging in

Question 11

Social Security benefits are funded by:

Accepted Answer

A) legally required assessments on employers. 
B) taxes paid by both employers and employees or by self-employed persons. 
C) the federal tax on corporations. 
D) a combination of federal and state taxes. 
A) legally required assessments on employers. 
B) taxes paid by both employers and employees or by self-employed persons. 
C) the federal tax on corporations. 
D) a combination of federal and state taxes.

Question 12

Elmer has been a faithful worker at the Mid-America Manufacturing Company for over thirty years.One day when he comes to work, he gets called into the foreman's office and is told that the company has decided to lay off all of its 250 current employees and move the plant to Mexico just south of the Texas border.
a.Does Elmer have any protections under the common law doctrine of employment at will? Explain.
b.Does Elmer have any protections under employment discrimination law? Explain.

Accepted Answer

a.Equal pay for equal work means that em

Question 13

Briefly trace the history of labor law in the United States.In your discussion, identify four major federal labor laws and their purposes.

Accepted Answer

Traditionally, labor law opposed concert

Question 14

Fixit Co., a four-person business, employs Wesley as a full-time mechanic.One day while welding a frame modification on a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car.The welding torch ignited the oil, causing a fire in which Wesley was badly burned.Which of the following BEST describes the rights of the parties?

Accepted Answer

A) Fixit is liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B) Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
C) Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
D) Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment. 
A) Fixit is liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak. 
B) Wesley cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. 
C) Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics. 
D) Wesley cannot recover workers' compensation benefits, but can sue Fixit for failing to provide a safe working environment.

Question 15

The Equal Employment Opportunity Commission (EEOC) is empowered to:

Accepted Answer

A) only file legal actions in its own name. 
B) try to resolve alleged violations through informal means, but not bring suit in federal or state courts. 
C) investigate all charges of discrimination. 
D) issue guidelines and regulations concerning enforcement policy 
E) Both (c) and (d). 
A) only file legal actions in its own name. 
B) try to resolve alleged violations through informal means, but not bring suit in federal or state courts. 
C) investigate all charges of discrimination. 
D) issue guidelines and regulations concerning enforcement policy 
E) Both (c) and (d).

Question 16

The LMRA prohibits the closed shop, although it permits the existence of a union shop.

Accepted Answer

A) True 
 B)False

Question 17

The Civil Rights Act of 1964 would scrutinize which of the following situations?

Accepted Answer

A) A woman engineer was denied a job for which she was qualified. 
B) A short man was denied employment as a busboy. 
C) A two-man partnership with two employees refused to hire a qualified black attorney. 
D) Both (a) and (c) above are correct. 
A) A woman engineer was denied a job for which she was qualified. 
B) A short man was denied employment as a busboy. 
C) A two-man partnership with two employees refused to hire a qualified black attorney. 
D) Both (a) and (c) above are correct.

Question 18

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

Accepted Answer

A) True 
 B)False

Question 19

The __________ is responsible for enforcing federal anti-discrimination laws.

Accepted Answer

A) OSHA 
B) Social Security Administration 
C) EEOC 
D) NLRB 
A) OSHA 
B) Social Security Administration 
C) EEOC 
D) NLRB

Question 20

Employee privacy:

Accepted Answer

A) is protected by the common law "invasion of privacy" torts. 
B) relates to drug and alcohol testing. 
C) relates to polygraph testing. 
D) All of the above are true. 
A) is protected by the common law "invasion of privacy" torts. 
B) relates to drug and alcohol testing. 
C) relates to polygraph testing. 
D) All of the above are true.

Exam 42: Employment Law

The LMRA empowers the U.S.President to obtain an injunction for an 120-day cooling off period for a strike likely to endanger the national health or safety.

Under the NLRA, an employer can legally refuse to bargain with the union as a means of applying economic pressure.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

The FLSA is not the federal minimum wage statute.

Affirmative action generally means active recruitment of a designated group of applicants.

Reverse discrimination refers to achieving affirmative action by remedying the underrepresentation of a given race or sex in a traditionally segregated job by considering race and gender when hiring or promoting individuals.

A "closed shop" is:

What are the powers of the Equal Employment Opportunity Commission (EEOC)?

The Federal Employee Polygraph Protection Act of 1988:

What are the remedies available for violations of the Civil Rights Act of 1964?

Social Security benefits are funded by:

Briefly trace the history of labor law in the United States.In your discussion, identify four major federal labor laws and their purposes.

The Equal Employment Opportunity Commission (EEOC) is empowered to:

The LMRA prohibits the closed shop, although it permits the existence of a union shop.

The Civil Rights Act of 1964 would scrutinize which of the following situations?

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

The __________ is responsible for enforcing federal anti-discrimination laws.

Employee privacy:

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters