Question 1

Which of the following is true regarding circumstances under which an employer is required to offer an employee the option to continue medical benefits under COBRA?

Accepted Answer

A)   An employee does not have the option to continue medical benefits under COBRA if the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee quits without notice.
B)   The only circumstance under which an employee does not have the option to continue medical benefits under COBRA occurs when the employer decides to eliminate benefits for all current employees.
C)   The only circumstance under which an employee does not have the option to continue medical benefits under COBRA occurs when the employee is fired for gross misconduct.
D)   The two circumstances under which an employee does not have the option to continue medical benefits under COBRA occur when the employee is fired for gross misconduct and when the employer decides to eliminate benefits for all current employees.
E)   An employee does not have the option to continue medical benefits under COBRA if the employee is fired for gross misconduct, the employer decides to eliminate benefits for all current employees, or the employee is fired for cause.F) All of the above
G) C) and D)

Question 2

In order to obtain leave under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least ______ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

Accepted Answer

A)   60
B)   50
C)   45
D)   30
E)   10F) C) and D)
G) B) and D)

Question 3

Workers' compensation laws are primarily federal laws.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is false regarding workers' compensation?

Accepted Answer

A)   Before workers' compensation, an injured employee's only recourse was to sue the employer for negligence.
B)   For administrative convenience, most states exclude certain types of businesses and small firms from coverage under workers' compensation laws.
C)   Workers retain the option to sue their employers for negligence for work-related injuries.
D)   Some states allow businesses with sufficient resources to be self-insured, rather than participating in the state program.
E)   Workers' compensation laws ensure that covered workers injured on the job can receive financial compensation through an administrative procedure, rather than having to sue their employer.F) A) and C)
G) A) and E)

Question 5

Which of the following was the result on appeal in Delgado v. Phelps Dodge Chino Inc., the case in which the plaintiff sued in tort seeking damages after her husband died from burn injuries he received after allegedly being required to perform a task in a smelting plant that would almost certainly cause serious injury or death?

Accepted Answer

A)   The case was dismissed because the plaintiff's only avenue or recovery was through the state workers' compensation system.
B)   The case was dismissed because the plaintiff was unable to prove that the employer actually required the work resulting in the injuries.
C)   The case was dismissed because it was determined that the employee's carelessness caused his injuries.
D)   The case was allowed to proceed because the employer's acts of willfully causing injury prevented it from relying on the exclusive nature of the workers' compensation system.
E)   The case was allowed to proceed only if the plaintiff could establish that the employer had been warned by the Occupational Safety and Health Administration regarding the dangers involved and wrongfully refused to remedy them.F) C) and D)
G) A) and E)

Question 6

The Family and Medical Leave Act covers private employers with ______ or more employees.

Accepted Answer

A)   20
B)   25
C)   50
D)   75
E)   100F) A) and B)
G) B) and C)

Question 7

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

Accepted Answer

A)   The Employee Retirement Income Security Act
B)   The Benefits Protection Act
C)   The Family and Medical Leave Act
D)   The Fair Labor Standards Act
E)   Workers' compensation lawsF) C) and E)
G) C) and D)

Question 8

Which of the following is not a category of exempt employees under the Fair Labor Standards Act?

Accepted Answer

A)   Executives
B)   Administrative employees
C)   Professional employees
D)   Outside salespersons
E)   Shift workersF) B) and D)
G) A) and E)

Question 9

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.
-Which of the following is true regarding whether Penny's prohibition of discussion regarding the union and the distribution of literature in support of the union was objectionable under federal labor law?

Accepted Answer

A)   Penny could legally prohibit all discussion regarding the union as well as all distribution of literature in support of the union anywhere on her business premises.
B)   Penny could legally prevent all distribution of union literature anywhere and anytime on her business premises, but she could not prevent any discussion regarding the union.
C)   Penny could legally prohibit all discussion regarding the union anywhere and anytime on her business premises, but she could not prevent any distribution of union literature.
D)   Penny could likely legally prohibit discussion regarding the union and the distribution of literature during work time, but not during nonwork time such as lunch periods in the employee break room.
E)   Penny could not legally prohibit any discussion of the union or any distribution of literature on her business premises.F) A) and E)
G) B) and E)

Question 10

All states require the showing of some sort of cause before drug testing of employees.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is the penalty for an employer who fails to comply with COBRA requirements?

Accepted Answer

A)   The employer may be required to pay up to 10 percent of the annual cost of the group plan or $500,000, whichever is less.
B)   The employer may be required to pay up to 20 percent of the annual cost of the group plan or $300,000, whichever is less.
C)   The employer may only be required to pay up to 10 percent of the annual cost of the group plan.
D)   The employer may only be required to pay up to 20 percent of the annual cost of the group plan.
E)   The employer may only be required to pay up to a fee of $50,000.F) B) and C)
G) All of the above

Question 12

When will a union be certified as the bargaining representative of employees?

Accepted Answer

A)   If the union receives a majority of the votes in the union election.
B)   If the union receives two-thirds of the votes in the union election.
C)   If a majority of the employees sign authorization cards and at least one-third of the employees actually vote in favor of the union.
D)   If two-thirds of the total employees in the company vote for the union.
E)   If one-third of the total employees in the company vote for the union.F) D) and E)
G) A) and D)

Question 13

How much must an employee pay in order to continue health benefits under COBRA?

Accepted Answer

A)   One half the policy premiums.
B)   All the policy premiums, plus up to a 5 percent administrative fee.
C)   Only whatever percentage of policy premiums the employee paid prior to leaving the job.
D)   All the premiums, plus up to a 2 percent administration fee.
E)   Nothing because the employer must cover all premiums.F) A) and C)
G) C) and E)

Question 14

The Family and Medical Leave Act guarantees all eligible employees up to ______ weeks of leave during any ______-month period.

Accepted Answer

A)   4; 24
B)   12; 24
C)   12; 12
D)   20; 12
E)   20; 24F) D) and E)
G) A) and E)

Question 15

"Uncooperative Employer." Joan requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Joan's employer, Rose, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Joan did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Frank, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Rose told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Bob. Frank demanded that Bob be removed and that he be reinstated to his previous job. To the dismay of Rose, Alice also requested leave because she planned to take in a foster child. Rose told Alice to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alice for leave, and also because she typically worked only 30 hours per week.
-Which of the following is true regarding Frank's claim that the other employee should be removed so that he can have his position back?

Accepted Answer

A)   Unless the other employee has seniority over him, Frank is entitled to have his job back.
B)   Frank is entitled to his job back only if there is another position to which Bob could be assigned in the company.
C)   Frank is entitled to his job back because the Family and Medical Leave Act requires that his job be held for him for at least six months.
D)   Frank is not entitled to his job back because the Family and Medical Leave Act only requires that an employee be allowed to come back to work, not that the employee be provided the same job at the same rate of pay.
E)   Frank is not entitled to his former job under the Family and Medical Leave Act because the Act does not require reinstatement when an employee takes leave under the Act but is off for more than 12 weeks.F) A) and E)
G) A) and C)

Question 16

"Union Avoidance." Penny owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Penny was extremely unhappy when the union obtained enough support for an election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Penny, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Penny stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Penny further stated that, in any event, she would not deal with the union under any circumstances.
-In which of the following ways did the union likely go about establishing sufficient employee support for a union election?

Accepted Answer

A)   Through the use of signed authorization cards.
B)   Through the use of petitions signed by employees.
C)   Through the use of signed affidavits by union officials stating that a majority of the employees supported the union.
D)   Through telephone polls conducted by the National Labor Relations Board indicating that the employees supported the union.
E)   Through ballots mailed to the National Labor Relations Board indicating sufficient employee support for a union.F) C) and E)
G) B) and E)

Question 17

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Accepted Answer

A) True 
 B)False

Question 18

Under OSHA employers must prominently display in the workplace either the federal or a state OSHA poster to provide their employees with information on their safety and health rights.

Accepted Answer

A) True 
 B)False

Question 19

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

Accepted Answer

A) True 
 B)False

Question 20

Leave provided under the Family and Medical Leave Act must be paid leave.

Accepted Answer

A) True 
 B)False

Exam 42: Employment and Labor Law

Correct Answer
verified

All states require the showing of some sort of cause before drug testing of employees.

Correct Answer
verified

The Family and Medical Leave Act covers private employers with ______ or more employees.

Correct Answer
verified

When will a union be certified as the bargaining representative of employees?

Correct Answer
verified

Which of the following is false regarding workers' compensation?

Correct Answer
verified

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

Correct Answer
verified

Correct Answer
verified

In order to obtain leave under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least ______ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

Correct Answer
verified

Leave provided under the Family and Medical Leave Act must be paid leave.

Correct Answer
verified

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Correct Answer
verified

Correct Answer
verified

Under OSHA employers must prominently display in the workplace either the federal or a state OSHA poster to provide their employees with information on their safety and health rights.

Correct Answer
verified

Correct Answer
verified

Workers' compensation laws are primarily federal laws.

Correct Answer
verified

The Family and Medical Leave Act guarantees all eligible employees up to weeks of leave during any -month period.

Correct Answer
verified

How much must an employee pay in order to continue health benefits under COBRA?

Correct Answer
verified

Which of the following is the penalty for an employer who fails to comply with COBRA requirements?

Correct Answer
verified

Which of the following is not a category of exempt employees under the Fair Labor Standards Act?

Correct Answer
verified

Which of the following is true regarding circumstances under which an employer is required to offer an employee the option to continue medical benefits under COBRA?

Correct Answer
verified

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

Correct Answer
verified

Exam 42: Employment and Labor Law

Correct AnswerverifiedShow Answer

All states require the showing of some sort of cause before drug testing of employees.

Correct AnswerverifiedShow Answer

The Family and Medical Leave Act covers private employers with ______ or more employees.

Correct AnswerverifiedShow Answer

When will a union be certified as the bargaining representative of employees?

Correct AnswerverifiedShow Answer

Which of the following is false regarding workers' compensation?

Correct AnswerverifiedShow Answer

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In order to obtain leave under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least ______ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

Correct AnswerverifiedShow Answer

Leave provided under the Family and Medical Leave Act must be paid leave.

Correct AnswerverifiedShow Answer

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Under OSHA employers must prominently display in the workplace either the federal or a state OSHA poster to provide their employees with information on their safety and health rights.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Workers' compensation laws are primarily federal laws.

Correct AnswerverifiedShow Answer

The Family and Medical Leave Act guarantees all eligible employees up to ______ weeks of leave during any ______-month period.

Correct AnswerverifiedShow Answer

How much must an employee pay in order to continue health benefits under COBRA?

Correct AnswerverifiedShow Answer

Which of the following is the penalty for an employer who fails to comply with COBRA requirements?

Correct AnswerverifiedShow Answer

Which of the following is not a category of exempt employees under the Fair Labor Standards Act?

Correct AnswerverifiedShow Answer

Which of the following is true regarding circumstances under which an employer is required to offer an employee the option to continue medical benefits under COBRA?

Correct AnswerverifiedShow Answer

Most states do not recognize the implied covenant of good faith and fair dealing as an exception to the employment-at-will doctrine.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The Family and Medical Leave Act guarantees all eligible employees up to weeks of leave during any -month period.

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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