Question 1

Which of the following is generally an available method of complying with a state's workers' compensation statute?

Accepted Answer

A) Maintenance of a contingency fund by the employee 
B) Participation in the state insurance fund by the employer 
C) Participation in a federal insurance fund by the employee 
D) Purchase of private insurance by employees 
A) Maintenance of a contingency fund by the employee 
B) Participation in the state insurance fund by the employer 
C) Participation in a federal insurance fund by the employee 
D) Purchase of private insurance by employees

Question 2

The employment-at-will doctrine says that either party can terminate an employment contract of indefinite duration without incurring any legal liability to the other party.

Accepted Answer

A) True 
 B)False

Question 3

The Employee Polygraph Protection Act makes it illegal for an employer to require a prospective employee to take a lie detector test.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following tries to check abuses and to protect employees' expectations that promised pension benefits will be paid?

Accepted Answer

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

Question 5

Which of the following statements about the states' workers' compensation statutes is false?

Accepted Answer

A) Many states protect domestic employees. 
B) They do not protect independent contractors. 
C) They may cover state and local governmental employees. 
D) They usually exempt certain employers. 
A) Many states protect domestic employees. 
B) They do not protect independent contractors. 
C) They may cover state and local governmental employees. 
D) They usually exempt certain employers.

Question 6

Which of the following is least likely to make an employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment at will doctrine?

Accepted Answer

A) Firing an employee for his refusal to work on a contract to manufacture weapons because of his religious convictions. 
B) Firing an employee for his refusal to commit perjury in a $1,000,000 product liability suit against the firm. 
C) Firing a middle-level manager for refusing to violate Title VII by denying a promotion to a black subordinate. 
D) Firing an employee for filing a workers' compensation claim against the employer. 
A) Firing an employee for his refusal to work on a contract to manufacture weapons because of his religious convictions. 
B) Firing an employee for his refusal to commit perjury in a $1,000,000 product liability suit against the firm. 
C) Firing a middle-level manager for refusing to violate Title VII by denying a promotion to a black subordinate. 
D) Firing an employee for filing a workers' compensation claim against the employer.

Question 7

An employer is most likely to raise the ________ defense for a mixed-motives disparate treatment claim under Title VII.

Accepted Answer

A) seniority 
B) various merit 
C) same-decision 
D) BFOQ 
A) seniority 
B) various merit 
C) same-decision 
D) BFOQ

Question 8

Which of the following is not discussed in the text as a common law exception to the employment-at-will rule?

Accepted Answer

A) The public policy exception 
B) The implied covenant of good faith and fair dealing 
C) Promises by employers 
D) Unjust enrichment 
A) The public policy exception 
B) The implied covenant of good faith and fair dealing 
C) Promises by employers 
D) Unjust enrichment

Question 9

Unemployment compensation is administered by ________.

Accepted Answer

A) the Social Security System 
B) the states 
C) the Secretary of Labor 
D) the federal government 
A) the Social Security System 
B) the states 
C) the Secretary of Labor 
D) the federal government

Question 10

Employers often succeed in avoiding liability under the theory of ________ by inserting disclaimers of job security in employment applications and employment manuals.

Accepted Answer

A) assumption of risk 
B) implied covenant of good faith and fair dealing 
C) promises to employees 
D) unfair hiring practices 
A) assumption of risk 
B) implied covenant of good faith and fair dealing 
C) promises to employees 
D) unfair hiring practices

Question 11

The usual Title VII suit is a suit brought by ________.

Accepted Answer

A) the EEOC 
B) the Department of Labor 
C) the states 
D) a private plaintiff 
A) the EEOC 
B) the Department of Labor 
C) the states 
D) a private plaintiff

Question 12

Which of the following is one of the four material elements required for meeting the substantially-equal-work condition for application of the Equal Pay Act?

Accepted Answer

A) Equal training opportunities 
B) Equal remuneration 
C) Equal responsibility 
D) Equal bonus structure 
A) Equal training opportunities 
B) Equal remuneration 
C) Equal responsibility 
D) Equal bonus structure

Question 13

Which of the following would not constitute oppressive child labor according to the Fair Labor Standards Act (FLSA)?

Accepted Answer

A) Employment of children under the age of 18 in any occupation approved by the Department of Labor 
B) Most employment of children below the age of 14 
C) Employment of children aged 14-15 in an occupation not approved by the Department of Labor 
D) Employment of children aged 16-17 who work in occupations declared particularly hazardous by the Department of Labor 
A) Employment of children under the age of 18 in any occupation approved by the Department of Labor 
B) Most employment of children below the age of 14 
C) Employment of children aged 14-15 in an occupation not approved by the Department of Labor 
D) Employment of children aged 16-17 who work in occupations declared particularly hazardous by the Department of Labor

Question 14

Under Title VII,when can a private plaintiff file a lawsuit?

Accepted Answer

A) Within 90 days of receiving the "right-to-sue" letter 
B) Within 120 days of filing a charge with the EEOC 
C) Within 120 days of receiving the "right-to-sue" letter 
D) Within 90 days of filing a charge with the EEOC 
A) Within 90 days of receiving the "right-to-sue" letter 
B) Within 120 days of filing a charge with the EEOC 
C) Within 120 days of receiving the "right-to-sue" letter 
D) Within 90 days of filing a charge with the EEOC

Question 15

Allie is a licensed pilot who is nearsighted.She has 20/20 (perfect)vision when she wears her contact lenses.Without her contact lenses,she cannot read or drive,but with her contact lenses,she is able to engage in these activities.Acme Airlines has a requirement that its pilots have 20/20 uncorrected vision.Allie applies for a pilot position with Acme and is rejected based on her need to wear contact lenses.Allie goes to the EEOC to file a charge under the ADA against Acme Airlines.What is the likely result?

Accepted Answer

Allie is most likely not protected under

Question 16

In which of the following situations will a state make an award of workers' compensation to an injured worker,if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

Accepted Answer

A) A secretary is assaulted by a trespasser in an accounting firm. 
B) A security guard employed by a software company is assaulted by a trespasser. 
C) Two employees engage in an arm wrestling match and are injured as a result. 
D) An employee attempts to impress his co-worker by placing a lit match close to his hand and is burned as a result. 
A) A secretary is assaulted by a trespasser in an accounting firm. 
B) A security guard employed by a software company is assaulted by a trespasser. 
C) Two employees engage in an arm wrestling match and are injured as a result. 
D) An employee attempts to impress his co-worker by placing a lit match close to his hand and is burned as a result.

Question 17

The Fair Labor Standards Act requires double-pay for all working hours in excess of 40 per week.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following statements about nineteenth-century law and employee injuries is false?

Accepted Answer

A) Employees never had problems with proving the employer's negligence. 
B) A slight degree of contributory negligence on part of the employee would provide the employer with a complete defense. 
C) The fellow-servant rule excused an employer from liability when an employee's injury resulted from the negligence of a coemployee. 
D) Employers had an implied assumption of risk defense under which an employee assumed all the normal and customary risks of his employment simply by taking the job. 
A) Employees never had problems with proving the employer's negligence. 
B) A slight degree of contributory negligence on part of the employee would provide the employer with a complete defense. 
C) The fellow-servant rule excused an employer from liability when an employee's injury resulted from the negligence of a coemployee. 
D) Employers had an implied assumption of risk defense under which an employee assumed all the normal and customary risks of his employment simply by taking the job.

Question 19

The 1967 Age Discrimination in Employment Act (ADEA)prohibits age-based employment discrimination against employees who are at least ________ years of age.

Accepted Answer

A) 30 
B) 35 
C) 40 
D) 45 
A) 30 
B) 35 
C) 40 
D) 45

Question 20

Under ________,employees agreed not to join a union or remain a union member.

Accepted Answer

A) featherbedding contracts 
B) yellow-dog contracts 
C) master contracts 
D) sweetheart contracts 
A) featherbedding contracts 
B) yellow-dog contracts 
C) master contracts 
D) sweetheart contracts

Exam 51: Employment Law

Which of the following is generally an available method of complying with a state's workers' compensation statute?

The employment-at-will doctrine says that either party can terminate an employment contract of indefinite duration without incurring any legal liability to the other party.

The Employee Polygraph Protection Act makes it illegal for an employer to require a prospective employee to take a lie detector test.

Which of the following tries to check abuses and to protect employees' expectations that promised pension benefits will be paid?

Which of the following statements about the states' workers' compensation statutes is false?

Which of the following is least likely to make an employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment at will doctrine?

An employer is most likely to raise the ________ defense for a mixed-motives disparate treatment claim under Title VII.

Which of the following is not discussed in the text as a common law exception to the employment-at-will rule?

Unemployment compensation is administered by ________.

Employers often succeed in avoiding liability under the theory of ________ by inserting disclaimers of job security in employment applications and employment manuals.

The usual Title VII suit is a suit brought by ________.

Which of the following is one of the four material elements required for meeting the substantially-equal-work condition for application of the Equal Pay Act?

Which of the following would not constitute oppressive child labor according to the Fair Labor Standards Act (FLSA)?

Under Title VII,when can a private plaintiff file a lawsuit?

In which of the following situations will a state make an award of workers' compensation to an injured worker,if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

The Fair Labor Standards Act requires double-pay for all working hours in excess of 40 per week.

Which of the following statements about nineteenth-century law and employee injuries is false?

The 1967 Age Discrimination in Employment Act (ADEA)prohibits age-based employment discrimination against employees who are at least ________ years of age.

Under ________,employees agreed not to join a union or remain a union member.

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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