Deck 12: Employment Law I: Employee Rights

Question 1

Truth is a complete defense in defamation cases.

Answer 1

True
Explanation: Truth is a complete defense in defamation cases,and managers who offer factual,honest professional judgments are unlikely to face such claims.Further,many state courts provide the protection of a qualified privilege.

Question 2

The unemployment insurance program in the United States is financed through a payroll tax paid by employers.

Answer 2

True
Explanation: The federal government and all 50 states in the United States are engaged in a cooperative system that helps protect the temporarily jobless.The system is financed through a payroll tax paid by employers.

Question 3

Under the Fair Labor Standards Act,employers must now pay double time for any work beyond 40 hours per week.

Answer 3

False
Explanation: Most workers covered under the Fair Labor Standards Act (FLSA) must receive overtime pay of at least 1½ times their regular pay rate for hours worked over 40 hours per week.However,FLSA also recognizes exemptions for certain occupations,such as managers,outside salespersons,administrators,and professionals with advanced degrees.

Question 4

Which of the following has the authority to file discrimination lawsuits on behalf of employees despite an arbitration agreement?

A)Equal Employment Opportunity Commission
B)Pension Benefit Guaranty Corporation
C)The United States Civil Service Commission
D)The U.S.Securities and Exchange Commission

Question 5

Degree of control is the dominant test in determining whether a worker is an employee or independent contractor.

Question 6

Normally,unemployment compensation benefits are available for a maximum period of 52 weeks.

Question 7

Independent contractors are protected by the Fair Labor Standards Act,that requires,among other things,the payment of the federal minimum wage and overtime pay.

Question 8

Employers will be held liable under respondeat superior reasoning for harm to third parties caused by the intentional or negligent acts of their employees when those acts occur within the scope of employment.

Question 9

Employers who have contracts of $100,000 or more with the federal government or receive aid from the government must provide drug-free awareness programs for their employees.

Question 10

A number of states forbid random drug testing or limit it to safety-sensitive situations.

Question 11

An at-will employee,by definition,is under contract for a definite period of time,and cannot be fired until the completion of the time period.

Question 12

Workers' compensation provides a form of no-fault protection in the workplace.

Question 13

In seeking an H-1B visa,an employer must affirm to the U.S.Department of Labor that the hiring will not harm wages and working conditions of employees in similar jobs.

Question 14

_____ is a complete defense in defamation cases.

A)Negligence
B)Truth
C)Vicarious liability
D)Whistle-blowing

Question 15

A cash balance plan is a defined benefit plan that acts somewhat like a defined contribution plan.

Question 16

In general,workers cannot sue for on-the-job injuries that are self-inflicted.

Question 17

The Family and Medical Leave Act entitles eligible employees up to 15 weeks of paid leave for the birth,adoption,or foster care placement of a child,to care for a child,spouse,or parent who has a serious medical condition,or for the employee's own serious medical condition.

Question 18

A business that hires an independent contractor generally is required to comply with a wide range of employment and labor law standards.

Question 19

With the prior consent by one of the parties to the communication,an employer may lawfully monitor an employee phone call.

Question 20

Drug testing is regulated by the federal government.

Question 21

Which of the following acts imposes a general duty on most employers to provide a workplace free of "recognized hazards causing or likely to cause death or serious physical harm to employees"?

A)The Occupational Safety and Health Act
B)The Fair Labor Standards Act
C)The Family and Medical Leave Act
D)The Environmental Protection Act

Question 22

Which of the following acts prohibits private individuals and organizations from intercepting wire and oral communications?

A)The Uniform Electronic Transactions Act
B)The Electronic Communications Privacy Act
C)The Consolidated Omnibus Budget Reconciliation Act
D)The Personal Information Protection and Electronic Documents Act

Question 23

In the context of drug testing,which of the following forbids unreasonable searches and seizures?

A)The Fourth Amendment to the U.S.Constitution
B)The First Amendment to the U.S.Constitution
C)Title VII of the Civil Rights Act of 1964
D)National Defense Authorization Act

Question 24

Under _____,an employer will be liable for acts outside the scope of employment.

A)respondeat superior
B)negligence liability
C)restrictive covenant
D)qualified privilege

Question 25

_____ requires firms with 100 or more employees to provide 60 days notice if they lay off one-third or more of their workers at any site employing at least 150 workers,drop 500 employees at any site,or close a plant employing at least 50 workers.

A)The Worker Adjustment and Retraining Notification Act (WARN)
B)The Consolidated Omnibus Budget Reconciliation Act (COBRA)
C)The Sarbanes-Oxley Act (SOX)
D)The Employee Retirement Income Security Act (ERISA)

Question 26

Which of the following acts provided for an unemployment insurance program?

A)The Social Security Act
B)The Family and Medical Leave Act
C)The National Defense Authorization Act
D)The Fair Labor Standards Act

Question 27

Which of the following is a feature of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA)?

A)It provides rights to minimum wage and overtime pay.
B)It imposes a general duty on most employers to provide a workplace free of "recognized hazards causing or likely to cause death or serious physical harm to employees."
C)It requires employers with 20 or more employees to permit departing employees to retain group health coverage at their own expense for up to 18 months.
D)It entitles eligible employees of covered employers to take job-protected,unpaid leave for certain family-related or medical reasons.

Question 28

Which of the following is a form of imputed liability?

A)Qualified privilege
B)Restrictive covenant
C)Respondeat superior
D)Tag-along tort

Question 29

Which of the following is a feature of the Americans with Disabilities Act (ADA)?

A)It forbids unreasonable searches and seizures.
B)It imposes a general duty on most employers to provide a workplace free of recognized hazards.
C)It protects recovering drug addicts and those erroneously believed to be drug abusers.
D)It provides rights to minimum wage and overtime pay.

Question 30

Thomas,a private-accountant,was humiliated and fired from his job after his employer accused him of embezzling money with no factual basis.When Thomas applied for another job,the former employer told the prospective employer why Thomas was fired.Thomas can sue his employer for _____.

A)résumé fraud
B)defamation
C)invasion of privacy
D)negligence

Question 31

Employers often bear legal responsibility for employees' accidents or wrongs.This vicarious liability springs from the doctrine of _____.

A)stare decisis
B)res ipsa loquitur
C)caveat emptor
D)respondeat superior

Question 32

Which of the following statements is true of workers' compensation?

A)Workers' compensation covers self-inflicted injuries.
B)Workers' compensation provides a form of no-fault protection in the workplace.
C)The system is governed by a federal board.
D)Workers cannot sue for damages resulting from a work-related injury in any circumstances.

Question 33

Under a _____,legitimate business communications,with some exceptions,are shielded from liability.

A)vicarious liability
B)restrictive covenant
C)qualified privilege
D)tag-along tort

Question 34

Which of the following is a legal requirement for claim of workers' compensation?

A)Proof of employer negligence
B)Injury sustained while on the job
C)Injury sustained off-site
D)Proof of employee negligence

Question 35

Which of the following is an objective of the Fair Labor Standards Act?

A)The establishment of a maximum wage
B)Higher pay for female workers
C)Child labor protection
D)The establishment of a standard number of working hours per week

Question 36

Cheryl,a human resource manager at a multinational corporation,finds that one of the employees in the firm had misstated his education credentials.Cheryl can sue the employee for _____.

A)résumé fraud
B)defamation
C)invasion of privacy
D)negligence

Question 37

Which of the following statements is true of random testing?

A)All states have made random drug testing illegal.
B)There are no significant legal problems associated with random testing.
C)None of the states limit random drug testing to safety-sensitive situations.
D)The U.S.Supreme Court has upheld such testing for public-sector employees where public safety is involved.

Question 38

Which of the following is a condition required for a successful defamation suit against an employer?

A)The statement should be true.
B)A co-worker must be responsible for the publication of the statement.
C)The statement must be "published" to a third party.
D)The employer's reputation must be harmed.

Question 39

Which of the following statements is true of the Drug-Free Workplace Act of 1988?

A)It requires the federal government to develop anti-drug policies for each employer.
B)It requires employers who have contracts of $100,000 or more with the federal government to provide drug-free awareness programs for employees.
C)It applies to all private employers in the United States.
D)It exempts employers who receive aid from the federal government.

Question 40

Identify a true statement about workers' compensation.

A)It covers all self-inflicted on-the-job injuries.
B)It is not the exclusive remedy for workplace injury.
C)It covers the entire labor force.
D)It does not require proof of employer negligence.

Question 41

Which of the following statements is true of defined benefit pensions?

A)They are much more common than defined contribution plans.
B)They provide specified monthly payments upon retirement.
C)They are less expensive to manage from the employer's perspective.
D)They shift the risk from employer to employee.

Question 42

Briefly explain Family and Medical Leave Act.

Question 43

Which of the following is a feature of the federal Employee Retirement Income Security Act (ERISA)?

A)The annual report needs to be certified internally by the respective employers.
B)It abolishes pensions for employees in certain situations.
C)It abolished all record-keeping requirements for pension plans.
D)It regulates pension funds to help ensure their long-term financial security.

Question 44

The Family and Medical Leave Act:

A)protects recovering drug addicts and those erroneously believed to be drug abusers,but not employees or applicants who are currently abusing drugs.
B)requires employers with 20 or more employees to permit departing employees to retain group health coverage at their own expense for up to 18 months.
C)promulgates and enforces health and safety standards that identify and seek to correct specific workplace hazards and problems.
D)entitles eligible employees of covered employers to take job-protected,unpaid leave for certain family-related or medical reasons.

Question 45

What are the legal requirements to claim workers' compensation?

Question 46

Briefly explain the American Immigration Law.

Question 47

What are the primary objectives of the Occupational Safety and Health Act?

Question 48

What is the difference between an employee and an independent contractor?

Question 49

Reporting an employer's illegal activity is termed _____.

A)racketeering
B)perjury
C)whistle-blowing
D)plagiarism

Question 50

State the common law doctrine of "employment at will" and explain the limitations that have eroded its influence.

Question 51

Explain in general what state workers' compensation laws do.

Question 52

Which of the following is true of the H-1B visas?

A)The number of H-1B visas available annually is unlimited.
B)U.S.businesses have used the H-1B visa program to send American workers to other countries.
C)In seeking an H-1B visa,an employer must affirm that the hiring will not harm wages and working conditions of employees in similar jobs.
D)It brings workers for the non-skilled,non-technical jobs only.

Question 53

State two legal considerations that influence employer drug-testing practices in public-sector jobs.

Question 54

Which of the following is true of a cash balance plan?

A)The employees' contributions in a cash balance plan are not accurately defined.
B)All of the investment risk in cash balance plans remains with the employees.
C)The benefits are expressed in periodic payment during retirement.
D)The benefits are expressed in terms of an accumulated lump sum.