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Business Law
Q:
Which of the following is a major provision of the Landrum-Griffin Act?
A. It governs collective bargaining for railroads and airlines.
B. It authorized the NLRB to conduct union certification elections.
C. It provided for an 80-day cooling-off period in strikes that imperil national health or safety.
D. It created the Federal Mediation and Conciliation Service to assist in settlement of labor disputes.
E. It created a Bill of Rights for union members.
Q:
Unions are allowed to use members' dues to support political activities.
Q:
Individuals can be sued for violating the no-strike provisions of a collective bargaining contract.
Q:
A union member may sue a local union for failing to enforce the international union's constitution and bylaws.
Q:
Forcing an employer to pay for work not being performed is called featherbedding.
Q:
Workers in right-to-work states, who work at a unionized facility, must pay union dues.
Q:
All 50 states have adopted "right-to-work" laws.
Q:
Raising prices in cafeteria vending machines may be considered a compulsory bargaining issue.
Q:
The law does not require an employer to favor union members in hiring employees.
Q:
A partial business closing to deter unionizing is an unfair labor practice.
Q:
Under the Wagner Act, any organization of employees must be completely independent of their employers.
Q:
If an employer reports the existence of possible illegal aliens to the authorities when the report is near a time when the employees are approving a labor union as its bargaining agent such a report is considered an unfair labor practice.
Q:
Insisting on only oral agreements when negotiating is not considered to be an unfair labor practice.
Q:
Employers are legally required to recognize the union based on a majority card showing.
Q:
An employer is not required to recognize the union based on a majority card showing and always has the option to insist on an election.
Q:
An employer's conferring additional benefits on employees considering union organization can be considered an unfair labor practice.
Q:
Requiring job applicants to state on a job questionnaire that they would or would not cross a picket line is illegal.
Q:
An employer may legally permit a union to use their telephones and copy machines as long as they do not charge the union a fee.
Q:
Petitions are used to authorize the NLRB to conduct an election to certify a union or to rescind a union's authority.
Q:
An employer may voluntarily recognize that its workers want to have a certain labor union represent them.
Q:
An employer may not file a petition for an election to invalidate certification of an incumbent union.
Q:
The Norris-LaGuardia Act forbids injunctions to be issued to enjoin strikes by public employees.
Q:
The Norris-LaGuardia Act restricts the use of federal court injunctions in labor disputes.
Q:
The NLRB is empowered to take corrective action and award dollar damages to unions and employees.
Q:
Administrative law judges are responsible for the initial conduct of hearings in unfair labor practice cases.
Q:
The NLRB consists of five members who are nominated by Congress and are confirmed by the House of Representatives.
Q:
Aside from granting leave when appropriate, what are the responsibilities of the employer with regard to the Family Medical Leave Act?
Q:
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?
Q:
Mekon Ltd., operates a paper mill which employs more than 1,000 workers. The mill is quite old. It has a number of places in which unguarded moving machine parts operate. There are open-sided platforms unguarded or inadequately guarded against falls. Some of the stairs in the mill are without railings and there are several locations where the floors are not kept dry. The mill has not witnessed a single injury or death in all these years of operation. Does the mill violate any law?
Q:
The County Hill plant manufactures tube and hose assemblies, and dryers and accumulators for large vehicle air conditioning systems. It uses highly toxic chemicals like potassium hydroxide and isoparaffinic hydrocarbon for its operations. The plant has not attached hazardous warning labels on the tanks where these chemicals are stored. It does not provide the workers with protective body or eye gear. Moreover, the exit doors and routes in the plant are blocked. Which law does County Hill violate?
Q:
The Clayton Act expressly grants employees the protected right to join a union.
Q:
A fast food restaurant allowed nine minors to operate a deep fryer. The restaurant's manually operated fryer requires the employees to cook baskets of food in hot oil, according to the department. All of the minors that utilized the fryer did so at the direction of various store managers as well as senior staff members and on a regular and recurring basis. Does the restaurant violate any rule?
Q:
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?
Q:
Block International is an American company manufacturing fiber cement products at its Macon plant, and its U.S. headquarters are located in Norcross. Mel works as a plant supervisor. She had to take leave in order to care of her mother who had undergone surgery for a serious health condition. The management of the company terminated Mel for taking intermittent leave. Is the termination order justified?
Q:
Jack works as a mechanic in Cars Unlimited, an automobile manufacturing company. While employed as a service technician for the defendant, Jack suffered back injuries in March 2005 and April 2005. Though he requested to go home, he did not submit a written injury report and refused medical treatment. Jack was absent through the month of June, calling in sick each day without providing any other information and not seeking medical treatment during this time. As Jack had exhausted his available sick leave and vacation leave, he was terminated when he returned to work on July 3, 2005. Can Jack sue his former employer for failure to reinstate and wrongful discharge in violation of the Family and Medical Leave Act (FMLA)?
Q:
Serena, who had worked for Global Tech for nearly 30 years, was hospitalized for having suicidal thoughts. One day, Serena notified her supervisor that she would be unable to work for at least one month. Global Tech mailed Serena an FMLA packet, which she completed and forwarded to her health care provider for certification. Global Tech denied the plaintiff's FMLA request because the supplied medical information was insufficient to support a serious health condition. Serena asked the hospital to provide additional medical information to the defendant, which Global Tech received the following day. A few days later, Global Tech notified Serena in a letter that she was terminated for her failure to supply medical information as required by the company. Serena sued her employer for interfering with her FMLA leave rights. Is she right?
Q:
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?
Q:
Under the workers' compensation laws:
A. the compensation paid to the workers excludes medical benefits.
B. liability requires the necessary association between the injuries and the business of the employer.
C. employers, treating the costs of injuries as part of the costs of production, may not pass them on to the consumers.
D. the three defenses under the common law are strengthened.
E. liability exists only if there is proof of lack of negligence or fault.
Q:
The _____ rule states that an employee's sole remedy against an employer for workplace injury or illness shall be workers' compensation.
A. assumption of the risk
B. exclusive remedy
C. fellow-servant
D. contributory negligence
E. shelter
Q:
Which of the following statements is true for a paper fortress?
A. It consists of cases of labor violations by an organization.
B. It consists of personnel manuals.
C. It consists of legal injunctions served on an organization.
D. It consists of terms of registration of an organization.
E. It acts as a protection against unjustified employer lawsuits.
Q:
Food and Snacks is a restaurant that is owned and operated by Megan Hill. During the Christmas season, the restaurant attracts more than 5,000 visitors. Each employee of the restaurant earns $8 an hour. The employees have to work extra hours to cope up with the rush. They work an average of 55 hours a week and are paid $8 for the extra hours that they put in. Additionally, there are no accurate records of employees' work hours and wages. Does the restaurant violate any rule?
Q:
Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the _____ defense.
A. assumption of the risk
B. exclusive remedy rule
C. fellow-servant rule
D. contributory negligence
E. shelter rule
Q:
Public employees are protected from some drug testing by the ____ Amendment's prohibition against unreasonable searches.
A. First
B. Fifth
C. Fourth
D. Tenth
E. Seventeenth
Q:
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.
A. assumption of the risk
B. exclusive remedy rule
C. fellow-servant rule
D. proportionate liability
E. shelter rule
Q:
Under common law, if an injury were caused by the carelessness of the employee as well as the employer, the employee would be unable to recover damages because of the _____ defense of the employer.
A. assumption of the risk
B. exclusive remedy rule
C. fellow-servant rule
D. contributory negligence
E. shelter rule
Q:
Employees that publicly disclose illegal or unethical behavior on the part of their companies are called:
A. whistleblowers.
B. informants.
C. scabs.
D. purges.
E. accommodation makers.
Q:
An employee at-will can be fired for:
A. taking time off from work to serve on jury duty after the boss asked the employee to request a waiver.
B. making public the fact that the employer was cheating the government on a defense contract.
C. taking time off from work to care for a dependant, without informing the employer.
D. making public statements about the hazardous working conditions in a company
E. taking time off from work to vote in the elections.
Q:
Polygraph tests may:
A. be legally used by most private employers to screen job applicants.
B. be legally used by most private employers to randomly check current employees.
C. be legally used by private companies that sell controlled substances to screen and randomly check current employees.
D. never be used in connection with employment.
E. only be used by government organizations to regularly check current employees.
Q:
Under the Employee Polygraph Protection Act:
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.
Q:
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:
A. ERISA.
B. COBRA.
C. HIPPA.
D. FLSA.
E. IRCA.
Q:
The Age Discrimination in Employment Act forbids age-based discharge of employees over age:
A. 35.
B. 40.
C. 45.
D. 50.
E. 60
Q:
Which of the following holds true for the Fair Labor Standards Act?
A. It forbids discharge for exercising rights guaranteed by minimum-wage and overtime provisions.
B. It prohibits discharge of employees due to garnishment of wages for any one indebtedness.
C. It forbids discharge of employees for service on federal grand or petit juries.
D. It prohibits discharge to prevent employees from getting vested pension rights.
E. It forbids age-based discharge of employees over age 40.
Q:
Which of the following holds true for the IRS Whistleblowers Rewards Program?
A. To be eligible to recover compensation from the IRS, a person must bring information to the Department of Justice.
B. The whistleblower may receive compensation only from monies actually collected based on the information provided.
C. The total collected proceeds based on which the reward is calculated exclude penalties, interest, additions to tax, and additional amounts.
D. The reward to the whistleblower is independent of his contribution to the prosecution of the action.
E. Under no circumstances does the IRS have the right to lower the amount of the reward given to the whistleblower.
Q:
Which of the following is true of OSHA?
A. Employees do not have the right to request an OSHA inspection.
B. Employees making complaints who are subjected to discrimination are prohibited from filing a complaint with OSHA.
C. There is no private cause of action under OSHA.
D. An employee can sue an employer for damages based on an OSHA violation.
E. Employees making complaints who are subjected to retaliation by their employers are prohibited from filing a complaint with OSHA.
Q:
The Health Insurance Portability and Accountability Act:
A. provides that employees can continue to purchase health insurance even after their employment is terminated.
B. exempts health insurance companies from the federal anti-trust legislation that applies to most businesses.
C. protects employees who have preexisting health conditions when they change jobs.
D. calls for the creation of a universal single-payer health care system in the United States.
E. ensures that elderly and needy individuals receive proper medical care.
Q:
Tom has a back injury that has required surgery in the past. He is able to work, but he requires periodic medical checkups and physical therapy. If he leaves his current job and moves to another company, he is protected and can receive medical coverage that includes coverage for his back at the new job due to the provisions of:
A. FMLA.
B. FLSA.
C. OSHA.
D. HIPAA.
E. USERRA.
Q:
Which of the following acts is directed at protecting employees' health care?
A. COBRA
B. FMLA
C. FLSA
D. ERISA
E. WARN
Q:
Employers were prohibited from firing employees for union activities under the:
A. common law.
B. Fair Labor Standards Act.
C. Labor-Management Relations Act.
D. Labor Rights Act.
E. WARN Act.
Q:
An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked:
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.
Q:
Under the Family Medical Leave Act, in order to take leave, the eligible employee:
A. must have worked for 12 consecutive months prior to requesting leave.
B. is entitled to one 12-week paid leave per year.
C. must have worked at least 1,950 hours during the preceding 12 months.
D. must have worked for the employer at least a total of 12 months.
E. must work at a location where at least 100 employees are employed.
Q:
Which of the following constitutes the responsibilities of the employer in case an employee is on family medical leave?
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.
Q:
Which of the following statements is true of the Uniformed Services Employment and Reemployment Rights Act?
A. Employers may retaliate against anyone assisting in the enforcement of USERRA rights, provided that person has no service connection.
B. It contains health insurance provisions.
C. Covered individuals who leave a job to perform military service are barred from continuing any existing employer-based health plan coverage.
D. For individuals who elect to continue coverage, they have the right to be reinstated in the employer's health plan when reemployed.
E. It applies to all individuals released from service irrespective of whether it was under "honorable conditions" or "dishonorable conditions"
Q:
Under the WARN Act, which of the following constitutes a loss of employment?
A. A transfer leading to reduction in position and pay.
B. Layoff exceeding one month.
C. A reduction in an employee's work time of more than 50 percent in each month for six months.
D. Extended leave period of more than 10 weeks.
E. A disciplinary notice requiring immediate response from the employee.
Q:
Which of the following statements holds true for a WARN notice in cases involving the sale of a business?
A. Any required notice prior to the sale being completed is the responsibility of the seller.
B. The seller of the business holds the responsibility of issuing a WARN notice even after the date of the closing.
C. A failure on the part of the seller to issue a WARN notice results in a $1,000 fine.
D. The seller has to provide written notice to the federal government within 90 days before the sale of the business.
E. The sale of a business mandatorily requires the WARN notice.
Q:
The provisions included in the Family and Medical Leave Act:
A. apply only to female employees.
B. apply only to the employee's children who are over 18 years old.
C. do not apply to same-sex couples.
D. relating to birth, adoption, and foster care apply to both female and male employees.
E. apply only to the employee's parents and parents in law.
Q:
The _____ has the responsibility of defining "any qualifying exigency" arising out of the fact that a family member is on active duty in support of a contingency operation.
A. Department of Justice
B. Department of Labor
C. Department of Interior
D. Department of Defense
E. Department of State
Q:
Jamie works as a barista at Coffee-Ha-Ha, a small chain of three coffee houses, in the main facility located in Paradise, New Jersey with 60 other employees. He has worked there full time for 18 months. His wife has called with some bad news. His mother was driving with Jamie's 10-year-old daughter, Delores, and has had an accident severely injuring both of them. Jamie has asked his employer for leave under the Family Medical Leave Act. Which of the following is true?
A. Granting the leave is entirely at the discretion of the employer; the employer does not permit him the leave as it would hamper the functioning of Coffee-Ha-Ha.
B. Jamie is not entitled to the leave because the number of hours he has worked during the preceding 12 months is less than what is required by law.
C. Jamie is entitled to leave for taking care of his mother-in-law and daughter, regardless of his daughters age.
D. Jamie is only entitled to the leave to take care of his daughter.
E. The provisions of this Act apply only to females.
Q:
The FLSA:
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.
Q:
If the employer already provides compensated breaks, an employee who uses that break time to express milk:
A. is legally entitled to be compensated but at a rate lower than the other employees.
B. need not be compensated by the employer.
C. is legally entitled to stretch the duration of the break time.
D. is legally required to take a pay cut.
E. is legally entitled to be compensated in the same way as other employees.
Q:
Which of the following statements is true of the WARN Act?
A. It requires employers to give notice of a scheduled mass layoff.
B. It requires employers to give notice to an "at will" employee that he/she is being fired.
C. It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.
D. It requires employers to give notice to employees that they are being subjected to polygraph tests.
E. It requires employers to give notice to employees that they are being subpoenaed by a court of law.
Q:
The WARN notice is required of employers with:
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.
Q:
A WARN notice covers a mass layoff involving loss of employment of _____ in a _____ period.
A. 500 or more full-time employees; 30-day
B. 500 or more full- and/or part-time employees; 60-day
C. 500 or more full-time employees; 90-day
D. 500 or more full- and/or part-time employees;120-day
E. 450 or more full- and/or part-time employees; 120-day
Q:
Which of the following acts provides national policy for governing the union-management relationship?
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
Q:
Which of the following statements holds true for the internship programs under the FLSA?
A. The intern is entitled to a job at the conclusion of the internship.
B. The intern is entitled to wages for the time spent in the internship.
C. The intern, in certain cases, displaces regular employees.
D. The internship includes actual operation of the facilities of the employer.
E. The intern works independently of the existing staff.
Q:
Under the FLSA, the overtime pay for workers is:
A. at a rate of not less than two and one-half times the employee's regular rate of pay.
B. decided by the employer after mutual consent and agreement with the workers.
C. at a rate that is equal to the employee's regular rate of pay.
D. variable depending upon the particular job involved.
E. at a rate of not less than one and one-half times the employee's regular rate of pay.
Q:
If the employee's tips combined with the cash wage do not meet the minimum hourly wage:
A. the employee is entitled to work for a reduced number of hours.
B. the employer must make up the difference (with certain conditions).
C. the federal government along with the employer must make up the difference.
D. the employee is entitled to be paid for the inconvenience caused along with the difference (with certain conditions).
E. the employer is not liable to pay the difference if he/she reduces the number of working hours for the employee.
Q:
If the state minimum wage rate differs from the federal minimum wage rate, then employers:
A. have the legal right to pay whichever minimum wage is lower.
B. have the legal right to choose the minimum wage rate to be paid.
C. are legally required to pay the federal minimum wage rate.
D. are legally required to pay whichever minimum wage is higher.
E. are legally required to pay the state minimum wage rate.
Q:
The purpose of the Social Security Act is to provide:
A. employment.
B. disability benefits.
C. policy guidance on employment discrimination.
D. protection for employee privacy.
E. provisions for restrictions on child labor.
Q:
Which of the following provides for private pension plans?
A. The Fair Labor Standards Act
B. The Social Security Act
C. The Worker Adjustment and Retraining Notification Act
D. The Civil Rights Act of 1964
E. The Employment Retirement Income Security Act
Q:
Which of the following holds true for the Fair Labor Standards Act (FLSA)?
A. It addresses issues regarding disability benefits.
B. It addresses issues regarding reemployment rights after performing uniformed service.
C. It addresses issues regarding minimum wage.
D. It addresses issues regarding workplace safety.
E. It addresses issues regarding private pension plans.