Question 1

Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the _____ defense.

Accepted Answer

A)  assumption of the risk 
B)  exclusive remedy rule 
C)  fellow-servant rule 
D)  contributory negligence 
E)  shelter rule

Question 2

How does "writing" as a piece of documentation help the employer?

Accepted Answer

The answer of How does "writing" as a piece of...

Question 3

A personnel handbook for a business has no effect on at-will employment.

Accepted Answer

A) True 
 B)False

Question 4

Flo has been working at ABC Corporation for four-and-a-half years. Her pension plan will vest at her five-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The internal finance department has determined that cost cutting is needed to keep the company profitable. They recommend that Flo be fired before her pension vests and becomes a permanent liability against the corporation. They cannot fire her to keep her pension from vesting based on:

Accepted Answer

A)  ERISA. 
B)  COBRA. 
C)  HIPPA. 
D)  FLSA. 
E)  IRCA.

Question 5

Under common law, even though an employer is negligent in permitting a hazardous condition to persist, if the worker is aware of the dangers that exist, he will be unable to recover damages because of the _____ defense of the employer.

Accepted Answer

A)  assumption of the risk 
B)  exclusive remedy rule 
C)  fellow-servant rule 
D)  proportionate liability 
E)  shelter rule

Question 6

New York police officers Brad Williams and Michael Durant volunteered to participate in the Iraq War as part of the National Guard soldiers. Upon their return home from war, the City overlooked the officers' heroism and sacrifice by denying them the annual leave, seniority, and pay-steps they would have otherwise accrued but for their devoted service in the armed forces. Do the officers have the right to sue the City of New York?

Accepted Answer

The answer of New York police officers Brad Williams and...

Question 7

Which of the following constitutes the responsibilities of the employer in case an employee is on family medical leave?

Accepted Answer

A)  The employer is entitled to review the actual medical records of the employee. 
B)  The employer cannot request a medical certification that a qualifying event has occurred in the employee's life. 
C)  The employee is not entitled to be awarded the sales that the employee would have made if not on family medical leave. 
D)  The employer may not keep the employee's job available when the employee returns to work. 
E)  If the employer gives a bonus for perfect attendance, the employee on family medical leave is not entitled to such a bonus.

Question 8

Ben began working for Whitestone in December 2005. In October 2007, Whitestone was acquired by Sky Ltd., a competitor. In November 2007, Ben learned he had fibrosing mediastinitis and applied for FMLA leave for a related surgery. Ben's FMLA leave was approved beginning December 17, 2007. On February 15, 2008, Ben notified his supervisor of his intention to return to work on February 18, 2008. When the regional manager learned that Ben was returning, he discharged Ben and provided assurances to Human Resources that Ben's position would have been eliminated due to the acquisition of Whitestone, regardless of his FMLA leave. Is Whitestone justified in its action?

Accepted Answer

The answer of Ben began working for Whitestone in December...

Question 9

The U.S. Citizen and Immigration Services broadly categorizes document abuse into four categories. List the categories.

Accepted Answer

The answer of The U.S. Citizen and Immigration Services broadly...

Question 10

An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked:

Accepted Answer

A)  1,040 hours during the previous 12 months. 
B)  1,250 hours during the previous 12 months. 
C)  1,950 hours during the previous 12 months. 
D)  2,080 hours during the previous 12 months. 
E)  3,000 hours during the previous 12 months.

Question 11

Clear identification of employer expectations and policies helps provide a defense against employee lawsuits if subsequent discipline or discharge of the employee becomes necessary.

Accepted Answer

A) True 
 B)False

Question 12

California-based Click Storage Products, Inc., suffered extensive building damage after it was hit by an earthquake. The plant was considered unsafe to work in. Eventually it was closed down, leaving hundreds of employees without jobs. The plant gave a notice of 10 days to warn the workers of the impending shutdown. Is the plant guilty of any violation?

Accepted Answer

The answer of California-based Click Storage Products, Inc., suffered extensive...

Question 13

The FLSA:

Accepted Answer

A)  as a general rule, sets 16 years of age as the minimum age for employment. 
B)  limits the number of hours worked by minors under the age of 18. 
C)  was amended in 2006 to increase penalties against employers who violate child labor laws. 
D)  increased penalties from $10,000 to $50,000 for each FLSA violation leading to the serious injury or death of a child worker. 
E)  increased fines which are subject to doubling for repeated or willful violations.

Question 14

Under the Employee Polygraph Protection Act:

Accepted Answer

A)  employers cannot be sued by the employees for violating the Act. 
B)  private employers are permitted to use lie detector tests while screening job applicants. 
C)  current employees may not be tested randomly. 
D)  private security companies may not use lie detector tests while screening job applicants. 
E)  current employees may not be tested even in cases involving specific incidents that cause loss to an employer's business.

Question 15

One major purpose of the Fair Labor Standards Act is to provide:

Accepted Answer

A)  overtime pay. 
B)  guaranteed employment. 
C)  disability benefits. 
D)  antidiscrimination policies. 
E)  private pension plans.

Question 16

The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.

Accepted Answer

A) True 
 B)False

Question 17

What is the employment-at-will doctrine and how is it being limited?

Accepted Answer

The answer of What is the employment-at-will doctrine and how...

Question 18

Penalties imposed for violation of the Fair Labor Standards Act can be trebled for repeated violations.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following acts provides national policy for governing the union-management relationship?

Accepted Answer

A)  The Social Security Act 
B)  The Fair Labor Standards Act 
C)  The Worker Adjustment and Retraining Notification Act 
D)  The Taft-Hartley Act 
E)  The Employment Retirement Income Security Act

Question 20

The WARN notice is required of employers with:

Accepted Answer

A)  50 employees working within a 75-mile radius. 
B)  100 or more full-time employees. 
C)  100 employees, whether full- or part-time. 
D)  less than half-time employees. 
E)  more than 100 part-time employees.

Exam 21: Employment Laws

Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the _____ defense.

How does "writing" as a piece of documentation help the employer?

A personnel handbook for a business has no effect on at-will employment.

Under common law, even though an employer is negligent in permitting a hazardous condition to persist, if the worker is aware of the dangers that exist, he will be unable to recover damages because of the _____ defense of the employer.

Which of the following constitutes the responsibilities of the employer in case an employee is on family medical leave?

The U.S. Citizen and Immigration Services broadly categorizes document abuse into four categories. List the categories.

An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked:

Clear identification of employer expectations and policies helps provide a defense against employee lawsuits if subsequent discipline or discharge of the employee becomes necessary.

The FLSA:

Under the Employee Polygraph Protection Act:

One major purpose of the Fair Labor Standards Act is to provide:

The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.

What is the employment-at-will doctrine and how is it being limited?

Penalties imposed for violation of the Fair Labor Standards Act can be trebled for repeated violations.

Which of the following acts provides national policy for governing the union-management relationship?

The WARN notice is required of employers with: