Question 1

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

Accepted Answer

Most courts have upheld a private employer's right to monitor employee e-mail on company-owned equipment, often under the premise that the employer owns the equipment and the network, thereby giving them the right to monitor communications for legitimate business purposes.

Question 2

A covenant not to compete is a device,ancillary to another agreement (such as an employment contract),that is designed to protect a company's interests.Which of the following would NOT be within the scope of a noncompete clause?

Accepted Answer

A covenant not to compete is designed to protect a company's interests by putting restrictions on the actions of a former employee. Preventing an employee from revealing proprietary information about clients, which is covered under a confidentiality or nondisclosure agreement, would not be within the scope of a noncompete clause.

Question 3

The National Labor Relations Act prohibits employers from interrogating employees about union sentiment or activity.

Accepted Answer

The National Labor Relations Act (NLRA) does indeed prohibit employers from interrogating employees about union sentiment or activity. This is considered an unfair labor practice under Section 8(a)(1) of the NLRA. Employers also cannot threaten or retaliate against employees who engage in union activity.

Question 4

What type of statutes protects employees who report illegal activities going on within their company?

Accepted Answer

Whistleblower statutes protect employees who report illegal activities going on within their company. These statutes are in place to encourage employees to come forward and report wrongdoing without fear of retaliation from their employer.

Question 5

The U.S.Supreme Court struck down Arizona's Legal Arizona Worker's Act of 2007 because it went beyond the Immigration Reform and Control Act's savings clause that preempts states from imposing civil or criminal sanctions on employers hiring aliens other than through licensing or similar laws.

Accepted Answer

The U.S. Supreme Court upheld Arizona's Legal Arizona Workers Act of 2007, ruling that it did not go beyond the Immigration Reform and Control Act's savings clause, as it falls under the exception that allows states to impose sanctions through licensing or similar laws.

Question 6

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

In certain states, policies stated in personnel manuals can create a binding contractual obligation, and if a policy states that employees will only be terminated for good cause, along with oral assurances of the same, this can create an implied contract that limits the employer's right to terminate the employee.

Question 7

Which of the following statements is typically true of a state workers' compensation statute?

Accepted Answer

State workers' compensation statutes typically operate on a no-fault basis, meaning that an injured employee may receive benefits regardless of whether the employer or employee was at fault for the injury. The purpose of workers' compensation is to provide benefits to employees who are injured on the job, regardless of fault, and to avoid the need for costly and time-consuming litigation to determine who was at fault.

Question 8

__________ purport to give an employer the right to recoup some or all of an employee's stock option gain if he or she goes to work for a competitor within a certain period of time following exercise of the option.

Accepted Answer

Clawback provisions are provisions that allow employers to recoup some or all of an employee's stock option gain if the employee goes to work for a competitor within a certain period of time following the exercise of the option.

Question 9

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

Accepted Answer

The Dodd-Frank Wall Street Reform and Consumer Protection Act provides whistleblower protection for employees who provide information of illegality to the SEC. This protection includes the safeguarding of the whistleblower's identity and protection against retaliation from their employer.

Question 10

If an employee works more than 40 hours in a workweek,what are an employer's requirements concerning compensation for that employee?

Accepted Answer

According to the Fair Labor Standards Act (FLSA), employers are required to pay covered employees one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. This is known as overtime pay.

Question 11

Which of the following statements best describes a 401(k)plan?

Accepted Answer

A 401(k) plan is a type of defined contribution pension plan in which employees and/or employers make contributions to individual accounts for the purpose of saving for retirement. It allows employees to invest a portion of their pay before taxes are taken out, which can provide tax benefits.

Question 12

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

Accepted Answer

In 2015, President Obama increased the minimum wage for employees of federal contractors to $10.10 per hour.

Question 13

Which of the following best describes OSHA's requirements regarding posting of information?

Accepted Answer

OSHA requires that notices of any potentially dangerous conditions be posted (such as the OSHA poster on employee rights and employer responsibilities), and also that citations for penalties be posted (such as notices of violations and proposed penalties, abatement verification notices, and failure-to-abate notices).

Question 14

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

The U.S. Supreme Court ruled that the drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved. The Court held that the privacy interests of the Customs Service employees were outweighed by the government's interest in ensuring the integrity and reliability of its workforce in these sensitive positions. Therefore, option C is the best choice.

Question 15

According to the Fair Labor Standards Act,when an employee is asked to be on standby-that is,available to return to work while off duty,which of the following statements about compensation is true?

Accepted Answer

Standby time is not counted as hours worked under the Fair Labor Standards Act (FLSA) if the employee is free to use the time for their own purposes, even though they must be available to return to work if called.

Question 16

In 1938,the FLSA set the first minimum wage at:

Accepted Answer

The Fair Labor Standards Act (FLSA) set the first minimum wage at 25 cents per hour in 1938.

Question 17

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is the:

Accepted Answer

The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act.

Question 18

Which of the following statements regarding genetic discrimination by employers is NOT true?

Accepted Answer

States can limit genetic testing of employees who are exposed to dangerous chemicals. Many states have laws that restrict employers from requiring genetic testing or using genetic information in employment decisions, including decisions about hiring, firing, promotion, and compensation. These laws are designed to prevent genetic discrimination and protect individuals from the misuse of their genetic information. However, some states may allow genetic testing under certain circumstances, such as when an employee is exposed to hazardous materials or has a family history of a genetic disorder that may impact job performance or safety.

Question 19

Which of the following are generally NOT subject to the employment-at-will rule?

Accepted Answer

Public employees, employees with express employment contracts for a fixed term, and union employees are generally not subject to the employment-at-will rule. This is because their employment is often protected by specific contracts, collective bargaining agreements, or public employment statutes that provide for job security and outline specific reasons for termination.

Question 20

Under federal law,it is illegal to employ anyone under the age of __________,except in specified agricultural occupations.

Accepted Answer

Under federal law, it is illegal to employ anyone under the age of 14, except in specified agricultural occupations where younger children can work under certain conditions.

Quiz 12: The Employment Agreement