Question 1

Claims of unequal pay for jobs of comparable worth may be brought under:
a.Title VII.
b.the Equal Pay Act.
c.OSHA.
d.Such claims may be brought under all of the above.

Accepted Answer

a.Common law provides that an injured em

Question 2

The Rehabilitation Act of 1973:

Accepted Answer

A) requires all employers with 20 or more workers to take affirmative steps to employ the handicapped. 
B) has been recently amended to categorically remove those with AIDS from its protection. 
C) states that a person addicted to cigarette smoking is handicapped under the Act. 
D) does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute. 
A) requires all employers with 20 or more workers to take affirmative steps to employ the handicapped. 
B) has been recently amended to categorically remove those with AIDS from its protection. 
C) states that a person addicted to cigarette smoking is handicapped under the Act. 
D) does not consider drug and alcohol abuse handicapping conditions for the purposes of the statute.

Question 3

Congress enacted the Norris-LaGuardia Act in 1932 in response to growing criticism of the use of injunctions in peaceful labor disputes.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

Accepted Answer

A) Injunctive relief. 
B) Reinstatement. 
C) Back pay. 
D) Compensatory and punitive damages. 
E) All of the above. 
A) Injunctive relief. 
B) Reinstatement. 
C) Back pay. 
D) Compensatory and punitive damages. 
E) All of the above.

Question 5

The Family and Medical Leave Act of 1993:

Accepted Answer

A) applies to private employers with 50 or more employees. 
B) does not apply to governmental employers. 
C) allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
D) requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period.. 
E) All of the above. 
A) applies to private employers with 50 or more employees. 
B) does not apply to governmental employers. 
C) allows, during a twelve-month period, up to sixteen weeks of leave for childbirth, adoption, or serious health conditions of a spouse, child, or parent. 
D) requires that the employer pay at least 50 percent of the employee's wages and benefits during the leave period.. 
E) All of the above.

Question 6

What is the difference between a "closed shop" and a "union shop"?

Accepted Answer

A closed shop requires the employer to h

Question 7

Ben challenged his state transportation department's affirmative action plan as constituting illegal reverse discrimination.The plan will be:

Accepted Answer

A) subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment. 
B) subject to a rational basis test to determine its constitutionality. 
C) examined to see if the classification is justified by a compelling governmental interest and uses the least intrusive means available. 
D) Both (a) and (c). 
A) subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment. 
B) subject to a rational basis test to determine its constitutionality. 
C) examined to see if the classification is justified by a compelling governmental interest and uses the least intrusive means available. 
D) Both (a) and (c).

Question 8

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following would be illegal under the NLRA?

Accepted Answer

A) Tek Computer Company refuses to allow notice of union meetings to be posted at work. 
B) Tek Computer Company refuses to pay .50 per hour more to union employees. 
C) Tek Computer Company fires Billy because he filed charges against the company with the NLRB. 
D) All of the above. 
E) Both (a) and (c) above are correct. 
A) Tek Computer Company refuses to allow notice of union meetings to be posted at work. 
B) Tek Computer Company refuses to pay .50 per hour more to union employees. 
C) Tek Computer Company fires Billy because he filed charges against the company with the NLRB. 
D) All of the above. 
E) Both (a) and (c) above are correct.

Question 10

The purpose of the Office of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

Accepted Answer

A) True 
 B)False

Question 11

Comprehensive federal legislation now governs drug and alcohol testing by employers.

Accepted Answer

A) True 
 B)False

Question 12

Jonathan and his wife, Claudia, are planning to adopt a baby in one month.Jonathan has worked full-time for eight months in a six-person office of the county planning commission, and Claudia has worked full-time for the last three years for a 40-person business operating a nursing home.Under the Family and Medical Leave Act, when Jonathan and Claudia actually adopt:

Accepted Answer

A) Jonathan is eligible for up to 12 weeks of unpaid leave. 
B) Claudia is eligible for up to 12 weeks of paid, unpaid, or a combination of paid and unpaid leave. 
C) neither Jonathan nor Claudia is eligible for any leave. 
D) both Jonathan and Claudia are eligible for up to 12 weeks of paid or unpaid leave. 
A) Jonathan is eligible for up to 12 weeks of unpaid leave. 
B) Claudia is eligible for up to 12 weeks of paid, unpaid, or a combination of paid and unpaid leave. 
C) neither Jonathan nor Claudia is eligible for any leave. 
D) both Jonathan and Claudia are eligible for up to 12 weeks of paid or unpaid leave.

Question 13

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Accepted Answer

A) True 
 B)False

Question 14

To recover on a claim under workers' compensation, the worker must prove the employer was negligent.

Accepted Answer

A) True 
 B)False

Question 15

At common law, an employee can be dismissed either with or without cause at any time unless the employee is represented by a labor union or has a contract for a definite term..

Accepted Answer

A) True 
 B)False

Question 16

IBN has two manufacturing facilities-one in New York and one in Oklahoma.Marjorie has worked in the Oklahoma plant for 15 years assembling resistors.Her sister, Ellen, has worked at the same plant for 15 years also.Their brother, Hank, has worked there for 10 years in the same job as his sisters.Ellen transfers to the New York facility.Their salaries are now as follows: Marjorie-$12 per hour; Ellen-$19.50 per hour; Hank-$14 per hour.Is there a violation of the Equal Pay Act?

Accepted Answer

A) Yes, because Ellen's pay is higher than Marjorie's. 
B) Yes, because Ellen and Hank receive more per hour than Marjorie. 
C) Yes, because Hank's pay is higher than Marjorie's. 
D) No, since they are different people with different personalities. 
A) Yes, because Ellen's pay is higher than Marjorie's. 
B) Yes, because Ellen and Hank receive more per hour than Marjorie. 
C) Yes, because Hank's pay is higher than Marjorie's. 
D) No, since they are different people with different personalities.

Question 17

The basic enforcement mechanism of __________ is a system of on-site inspections by safety and health inspectors.

Accepted Answer

A) OSHA 
B) Social Security 
C) workers' compensation 
D) FLSA 
A) OSHA 
B) Social Security 
C) workers' compensation 
D) FLSA

Question 18

Remedies for the Equal Pay Act would include:

Accepted Answer

A) recovery of future wages. 
B) an award of non-liquidated damages. 
C) enjoining the employer from further unlawful conduct. 
D) employer fines. 
A) recovery of future wages. 
B) an award of non-liquidated damages. 
C) enjoining the employer from further unlawful conduct. 
D) employer fines.

Question 19

The Fair Labor Standards Act regulates child labor in agricultural employment.

Accepted Answer

A) True 
 B)False

Question 20

In a disparate treatment case:

Accepted Answer

A) if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B) an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
C) if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
D) All of the above. 
A) if the plaintiff meets the burden of proving a prima facie case, the burden of proof shifts to the employer. 
B) an employer will not prevail in the face of a plaintiff's prima facie case unless it can articulate legitimate, non-discriminatory reasons for its actions. 
C) if a plaintiff can show that a defendant's allegedly legitimate reason for not hiring plaintiff is merely a pretext for discrimination, the plaintiff wins. 
D) All of the above.

Exam 42: Employment Law

Claims of unequal pay for jobs of comparable worth may be brought under: a.Title VII. b.the Equal Pay Act. c.OSHA. d.Such claims may be brought under all of the above.

The Rehabilitation Act of 1973:

Congress enacted the Norris-LaGuardia Act in 1932 in response to growing criticism of the use of injunctions in peaceful labor disputes.

Which of the following are remedies for violation of the Americans with Disabilities Act (ADA)?

The Family and Medical Leave Act of 1993:

What is the difference between a "closed shop" and a "union shop"?

Ben challenged his state transportation department's affirmative action plan as constituting illegal reverse discrimination.The plan will be:

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Which of the following would be illegal under the NLRA?

The purpose of the Office of Federal Contract Compliance Programs is to require affirmative steps to provide opportunities for handicapped people in federal programs.

Comprehensive federal legislation now governs drug and alcohol testing by employers.

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

To recover on a claim under workers' compensation, the worker must prove the employer was negligent.

At common law, an employee can be dismissed either with or without cause at any time unless the employee is represented by a labor union or has a contract for a definite term..

The basic enforcement mechanism of __________ is a system of on-site inspections by safety and health inspectors.

Remedies for the Equal Pay Act would include:

The Fair Labor Standards Act regulates child labor in agricultural employment.

In a disparate treatment case:

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