Question 1

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

Accepted Answer

A) Injuries suffered while traveling to work 
B) Injuries resulting from employee horseplay 
C) Intentional self-inflicted injuries 
D) Injuries related to occupational diseases 
A) Injuries suffered while traveling to work 
B) Injuries resulting from employee horseplay 
C) Intentional self-inflicted injuries 
D) Injuries related to occupational diseases

Question 2

Which of the following would traditionally not be recoverable as part of a workers' compensation claim?

Accepted Answer

A) Hospital and medical expenses 
B) Disability benefits 
C) Death benefits to dependents 
D) Punitive damages 
A) Hospital and medical expenses 
B) Disability benefits 
C) Death benefits to dependents 
D) Punitive damages

Question 3

Which constitutional amendment protects employees from drug and alcohol testing at a private employer?

Accepted Answer

A) Fourth Amendment - Search-and-seizure rule 
B) Fifth Amendment - Right to a speedy trial 
C) Fourteenth Amendment - Equal protection rule 
D) There is no constitutional protection since it is a private employer 
A) Fourth Amendment - Search-and-seizure rule 
B) Fifth Amendment - Right to a speedy trial 
C) Fourteenth Amendment - Equal protection rule 
D) There is no constitutional protection since it is a private employer

Question 4

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

Accepted Answer

A) True 
 B)False

Question 5

Under the public policy exception to employment at will,most courts limit "public policy" to the policies advanced by existing law.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following established a "bill of rights" for union members and attempted to make internal union affairs more democratic?

Accepted Answer

A) Norris-LaGuardia Act 
B) Wagner Act 
C) Landrum-Griffin Act 
D) Taft-Hartley Act 
A) Norris-LaGuardia Act 
B) Wagner Act 
C) Landrum-Griffin Act 
D) Taft-Hartley Act

Question 7

Joe Smith,a police patrolman,joins a new religious sect that renounces any real or threatened use of force against another human being for any reason.Thus,Joe refuses to employ or threaten any kind of physical force against anyone he encounters in his patrolman's job.Instead,he tries to reason with lawbreakers and to instruct them about God's will.For this reason,the city police force reassigns Joe from his patrolman's job to an office job.Joe sues for religious discrimination under Title VII.Can the city successfully argue that it is not discriminating against Joe's religion,just the way he does his job? If not,what else can the city argue? How successful is this argument likely to be?

Accepted Answer

Because Title VII forbids discrimination

Question 8

Which of the following statements about the public policy exception to the employment-at-will rule is false?

Accepted Answer

A) It is the most common basis for a wrongful discharge suit. 
B) A plaintiff that satisfies all of the required elements will win the suit,regardless of whether the employer was justified in terminating the plaintiff based on legitimate business reasons. 
C) It has been recognized by over four-fifths of the states. 
D) A plaintiff bringing a wrongful termination suit in contravention of public policy must show that the state has a clear and substantial public policy related to the plaintiff's conduct. 
A) It is the most common basis for a wrongful discharge suit. 
B) A plaintiff that satisfies all of the required elements will win the suit,regardless of whether the employer was justified in terminating the plaintiff based on legitimate business reasons. 
C) It has been recognized by over four-fifths of the states. 
D) A plaintiff bringing a wrongful termination suit in contravention of public policy must show that the state has a clear and substantial public policy related to the plaintiff's conduct.

Question 9

Featherbedding was declared an unfair labor practice by the ________.

Accepted Answer

A) Landrum-Griffin Act 
B) Wagner Act 
C) Norris-LaGuardia Act 
D) Taft-Hartley Act 
A) Landrum-Griffin Act 
B) Wagner Act 
C) Norris-LaGuardia Act 
D) Taft-Hartley Act

Question 10

Today,less than ________ of the workforce are members of labor unions.

Accepted Answer

A) 21 percent 
B) 16 percent 
C) 13 percent 
D) 8 percent 
A) 21 percent 
B) 16 percent 
C) 13 percent 
D) 8 percent

Question 11

All 50 states have a workers' compensation system.

Accepted Answer

A) True 
 B)False

Question 12

The White Forest Employment Agency has 35 employees.White Forest pays all of its female employees less than all of its male employees.It also refuses to refer female customers to any "Fortune 500" corporations (all of which are big and have operations in more than one country).Of the two kinds of discrimination in which White Forest engages,which does Title VII cover?

Accepted Answer

White Forest's wage discrimination and r

Question 13

Which of the following statements about the Equal Pay Act (EPA)is accurate?

Accepted Answer

A) An employee may recover liquidated damages under the EPA. 
B) The EPA requires that private plaintiffs submit their complaints to the EEOC. 
C) Employee suits under the EPA are for unpaid wages or overtime. 
D) The EPA is enforced by the Labor Department. 
A) An employee may recover liquidated damages under the EPA. 
B) The EPA requires that private plaintiffs submit their complaints to the EEOC. 
C) Employee suits under the EPA are for unpaid wages or overtime. 
D) The EPA is enforced by the Labor Department.

Question 14

An employee must typically show three things to present a prima facie case of wrongful termination in contravention of public policy.Which of the following is the employee not required to show?

Accepted Answer

A) That the state has a clear and substantial public policy related to the plaintiff's conduct 
B) That the employer's act of termination demonstrated malice 
C) That the termination would discourage the plaintiff's conduct and thereby jeopardize the public policy 
D) That the plaintiff's conduct supports the public policy 
A) That the state has a clear and substantial public policy related to the plaintiff's conduct 
B) That the employer's act of termination demonstrated malice 
C) That the termination would discourage the plaintiff's conduct and thereby jeopardize the public policy 
D) That the plaintiff's conduct supports the public policy

Question 15

The Family and Medical Leave Act requires employers to pay employees while they take leave for one of the reasons stated in the Act.

Accepted Answer

A) True 
 B)False

Question 16

The Employee Polygraph Protection Act is enforced by the ________.

Accepted Answer

A) Labor Department 
B) state 
C) EEOC 
D) NLRB 
A) Labor Department 
B) state 
C) EEOC 
D) NLRB

Question 17

Tina and Tom are co-workers at Acme Corporation.As night custodians,they work together cleaning the Acme office building at night when the building is empty.Tom regularly makes sexual advances toward Tina that distress her.However,Tina has never complained about Tom's conduct to her supervisor,Mary,who only works during the day.Which of the following statements is most accurate?

Accepted Answer

A) Acme Corporation is strictly liable for Tom's harassment of Tina. 
B) Acme Corporation may defend that it did not know about Tom's harassment of Tina. 
C) Acme Corporation is not liable because Tom is not Tina's supervisor. 
D) Acme Corporation is not liable because Tina voluntarily accepted the job of a night custodian. 
A) Acme Corporation is strictly liable for Tom's harassment of Tina. 
B) Acme Corporation may defend that it did not know about Tom's harassment of Tina. 
C) Acme Corporation is not liable because Tom is not Tina's supervisor. 
D) Acme Corporation is not liable because Tina voluntarily accepted the job of a night custodian.

Question 18

The Naples Police Dept.(NPD)has 55 officers and 30 support personnel.NPD has just adopted new hiring standards for new police officers.These include a minimum height of 5'8" and a minimum weight of 160 pounds.Susan is a recent graduate with a Bachelor's Degree in Police Science.She wants to get a job as a police officer in Naples.However Susan is only 5'5" and weighs 130 pounds.If Susan brings a legal challenge to NPD's new hiring standards,what legal basis might she have?

Accepted Answer

A) Disparate treatment 
B) Disparate impact 
C) Irrational standards 
D) Irrational policy 
A) Disparate treatment 
B) Disparate impact 
C) Irrational standards 
D) Irrational policy

Question 19

Social Security is mainly financed by ________.

Accepted Answer

A) FICA 
B) ERISA 
C) FLSA 
D) FMLA 
A) FICA 
B) ERISA 
C) FLSA 
D) FMLA

Question 20

Which of the following is NOT true about Title VII?

Accepted Answer

A) It forbids discrimination on the basis of national origin. 
B) It prohibits discrimination on the basis of homosexuality or transsexuality. 
C) It prohibits racial discrimination against whites. 
D) It forbids religious discrimination against atheists. 
A) It forbids discrimination on the basis of national origin. 
B) It prohibits discrimination on the basis of homosexuality or transsexuality. 
C) It prohibits racial discrimination against whites. 
D) It forbids religious discrimination against atheists.

Exam 51: Employment Law

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

Which of the following would traditionally not be recoverable as part of a workers' compensation claim?

Which constitutional amendment protects employees from drug and alcohol testing at a private employer?

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

Under the public policy exception to employment at will,most courts limit "public policy" to the policies advanced by existing law.

Which of the following established a "bill of rights" for union members and attempted to make internal union affairs more democratic?

Which of the following statements about the public policy exception to the employment-at-will rule is false?

Featherbedding was declared an unfair labor practice by the ________.

Today,less than ________ of the workforce are members of labor unions.

All 50 states have a workers' compensation system.

Which of the following statements about the Equal Pay Act (EPA)is accurate?

An employee must typically show three things to present a prima facie case of wrongful termination in contravention of public policy.Which of the following is the employee not required to show?

The Family and Medical Leave Act requires employers to pay employees while they take leave for one of the reasons stated in the Act.

The Employee Polygraph Protection Act is enforced by the ________.

Social Security is mainly financed by ________.

Which of the following is NOT true about Title VII?

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Environmental Regulation

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