Question 1

Which of the following statements regarding drug testing of public and private employees by employers is true?

Accepted Answer

A)  There are greater limits on drug testing in relation to public employees as compared to private employees because public employees have rights under the U.S.Constitution. 
B)  There are greater limits on drug testing in relation to private employees as compared to public employees because private employees have rights under the U.S.Constitution. 
C)  The limits on drug testing are the same in relation to public and private employees because both categories of employees have rights under the U.S.Constitution. 
D)  There are no U.S.Constitutional limits on drug testing in relation to either public or private employees because neither category has rights under the U.S.Constitution. 
A)  There are greater limits on drug testing in relation to public employees as compared to private employees because public employees have rights under the U.S.Constitution. 
B)  There are greater limits on drug testing in relation to private employees as compared to public employees because private employees have rights under the U.S.Constitution. 
C)  The limits on drug testing are the same in relation to public and private employees because both categories of employees have rights under the U.S.Constitution. 
D)  There are no U.S.Constitutional limits on drug testing in relation to either public or private employees because neither category has rights under the U.S.Constitution. A

Question 2

Regarding drug testing,the Fifth Amendment's ban on unreasonable searches and seizures applies only to governmental activity.

Accepted Answer

A) True 
 B)False  False

Question 3

Maillol just got out of law school and went to work at Big Law Firm.As a first assignment,Maillol is helping a partner who was recently reassigned to the employment law section of the firm.The partner asks Maillol to provide information regarding the legality of drug testing.What four factors should Maillol tell the partner are considered in determining whether drug testing will be deemed permissible in a particular situation?

Accepted Answer

Whether drug testing will be deemed permissible in a particular situation depends on (1)the scope of the testing program, (2)whether the employer is a public or private employer, (3)any state constitutional guarantees of a right to privacy,and (4)any state statutes regulating drug testing.

Question 4

Bennie works for Bad Taste,Inc.,and has been employed there for more than 12 years without a written employment contract.Last year Bennie was promoted to the position of executive assistant.The company policy manual issued six years ago promises that no employee may be terminated without two prior written warnings regarding poor job performance.Bennie has always received excellent job reviews.Recently the president resigned and was replaced by Finley,who promised to improve productivity by 20 percent.Finley is replacing Bennie with Skylar,who was Finley's former executive assistant.What claims may Bennie make against Bad Taste,Inc.,for wrongful discharge? Does the company have any defenses? Discuss fully.

Accepted Answer

Bennie should sue for breach of contract

Question 5

Even if an individual is an at-will employee,in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

Accepted Answer

A) True 
 B)False

Question 6

Explain the difference between exempt and nonexempt employees and how overtime hours are handled for each category.

Accepted Answer

To qualify as an exempt employee,the emp

Question 7

In CASE 12.2,Edwards v.Arthur Andersen LLP (2008),plaintiff Edwards was a tax manager at an Arthur Andersen office in Los Angeles.Arthur Andersen was later indicted for its role in the Enron debacle,but the AA subsidiary HSBC offered to hire Edwards on the condition that he sign a "termination of non-compete" agreement (TONC).Edwards signed the employment offer but not the TONC.The offer was rescinded and Edwards was terminated.Edwards sued.The main issue dealt with California's statutory ban on most:

Accepted Answer

A)  employee surveillance tactics. 
B)  clawback agreements. 
C)  confidentiality agreements. 
D)  noncompete agreements. 
A)  employee surveillance tactics. 
B)  clawback agreements. 
C)  confidentiality agreements. 
D)  noncompete agreements.

Question 8

In 2015,President Obama increased the minimum wage for employees of federal contractors to:

Accepted Answer

A)  $10.10 per hour. 
B)  $8.88 per hour. 
C)  $6.75 per hour. 
D)  $15.00 per hour. 
A)  $10.10 per hour. 
B)  $8.88 per hour. 
C)  $6.75 per hour. 
D)  $15.00 per hour.

Question 9

The federal Sarbanes-Oxley Act removed several federal whistleblower provisions applicable to nongovernment employees.

Accepted Answer

A) True 
 B)False

Question 10

A private-sector employee can avoid at-will status by negotiating a contract that provides for a specific term of employment and defines how the contract can be terminated.

Accepted Answer

A) True 
 B)False

Question 11

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

Accepted Answer

A) True 
 B)False

Question 12

About half of the states originally followed the employment-at-will rule.

Accepted Answer

A) True 
 B)False

Question 13

In certain states,a binding contractual obligation can be created by policy stated in a personnel manual that employees will be terminated only for good cause,along with oral assurances of the same as long as the employee does his or her job properly.

Accepted Answer

A) True 
 B)False

Question 14

The __________ prohibits employers from using genetic information to make decisions about hiring,firing,or compensation.

Accepted Answer

A)  Family Medical History Act 
B)  Genetic Prohibition and Protection Act 
C)  Privacy in Testing Act 
D)  Genetic Information Nondiscrimination Act 
A)  Family Medical History Act 
B)  Genetic Prohibition and Protection Act 
C)  Privacy in Testing Act 
D)  Genetic Information Nondiscrimination Act

Question 15

The "Inside Story" focuses on Employers' Policies Regarding Employees' Use of Social Media.The NLRB issued guidelines to protect employees' use of social media,especially concerning:

Accepted Answer

A)  concerted activity under Section 7 of the NLRA,including communication to each other about wages,hours,and working conditions. 
B)  concerted activity under Section 12 of the NRLA,including communication to each other about wages,hours,and working conditions. 
C)  unfair labor practices under Section 1 of the NRLA,including retaliation emails. 
D)  a public sector employee's right to freedom of speech and collective bargaining information. 
A)  concerted activity under Section 7 of the NLRA,including communication to each other about wages,hours,and working conditions. 
B)  concerted activity under Section 12 of the NRLA,including communication to each other about wages,hours,and working conditions. 
C)  unfair labor practices under Section 1 of the NRLA,including retaliation emails. 
D)  a public sector employee's right to freedom of speech and collective bargaining information.

Question 16

The implied covenant of good faith and fair dealing recognized a bad-faith exception to:

Accepted Answer

A)  the at-will employment relationship. 
B)  a clawback provision. 
C)  defined benefit pension plan. 
D)  the secondary boycott. 
A)  the at-will employment relationship. 
B)  a clawback provision. 
C)  defined benefit pension plan. 
D)  the secondary boycott.

Question 17

Which of the following statements regarding private employer monitoring of employee e-mail on company-owned equipment is true?

Accepted Answer

A)  Federal law prohibits private employers from monitoring employee e-mail on company-owned equipment. 
B)  Most states have state laws prohibiting private employers from monitoring employee e-mail on company-owned equipment. 
C)  Most states allow private employers to monitor employee e-mail on company-owned equipment,but employees must first be warned that the e-mail will be monitored. 
D)  Most courts have upheld a private employer's right to monitor employee e-mail on company-owned equipment. 
A)  Federal law prohibits private employers from monitoring employee e-mail on company-owned equipment. 
B)  Most states have state laws prohibiting private employers from monitoring employee e-mail on company-owned equipment. 
C)  Most states allow private employers to monitor employee e-mail on company-owned equipment,but employees must first be warned that the e-mail will be monitored. 
D)  Most courts have upheld a private employer's right to monitor employee e-mail on company-owned equipment.

Question 18

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

Accepted Answer

A)  The Employee Retirement and Protection Income Security Act 
B)  The Dodd-Frank Wall Street Reform and Consumer Protection Act 
C)  The Wagner Act 
D)  The SEC Accountability and Reform Act to Protect Consumer Investors 
A)  The Employee Retirement and Protection Income Security Act 
B)  The Dodd-Frank Wall Street Reform and Consumer Protection Act 
C)  The Wagner Act 
D)  The SEC Accountability and Reform Act to Protect Consumer Investors

Question 19

The Occupational Safety and Health Administration (OSHA)requires most employers to maintain records that list and summarize all work-related injuries and illnesses as well as post these lists annually at the job site.

Accepted Answer

A) True 
 B)False

Question 20

The Nat'l Treasury Emps.Union v.Von Raab case involved the testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms.How did the U.S.Supreme Court rule?

Accepted Answer

A)  The drug testing would be allowed only if the government could establish evidence of a drug problem among that group of customs employees. 
B)  The drug testing was illegal and unconstitutional. 
C)  The drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved. 
D)  The drug testing would be allowed because the customs employees,as public employees,had no greater rights than private employees. 
A)  The drug testing would be allowed only if the government could establish evidence of a drug problem among that group of customs employees. 
B)  The drug testing was illegal and unconstitutional. 
C)  The drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved. 
D)  The drug testing would be allowed because the customs employees,as public employees,had no greater rights than private employees.

Exam 12: The Employment Agreement

Which of the following statements regarding drug testing of public and private employees by employers is true?

Regarding drug testing,the Fifth Amendment's ban on unreasonable searches and seizures applies only to governmental activity.

Even if an individual is an at-will employee,in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

Explain the difference between exempt and nonexempt employees and how overtime hours are handled for each category.

In 2015,President Obama increased the minimum wage for employees of federal contractors to:

The federal Sarbanes-Oxley Act removed several federal whistleblower provisions applicable to nongovernment employees.

A private-sector employee can avoid at-will status by negotiating a contract that provides for a specific term of employment and defines how the contract can be terminated.

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

About half of the states originally followed the employment-at-will rule.

In certain states,a binding contractual obligation can be created by policy stated in a personnel manual that employees will be terminated only for good cause,along with oral assurances of the same as long as the employee does his or her job properly.

The __________ prohibits employers from using genetic information to make decisions about hiring,firing,or compensation.

The "Inside Story" focuses on Employers' Policies Regarding Employees' Use of Social Media.The NLRB issued guidelines to protect employees' use of social media,especially concerning:

The implied covenant of good faith and fair dealing recognized a bad-faith exception to:

Which of the following statements regarding private employer monitoring of employee e-mail on company-owned equipment is true?

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

The Occupational Safety and Health Administration (OSHA)requires most employers to maintain records that list and summarize all work-related injuries and illnesses as well as post these lists annually at the job site.

The Nat'l Treasury Emps.Union v.Von Raab case involved the testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms.How did the U.S.Supreme Court rule?

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