Employment Law
Exam Practice Tests
Course
Introduction
Employment Law examines the legal principles and regulations governing the relationship between employers and employees in the workplace. The course covers key topics such as employment contracts, workplace discrimination, employee rights, termination and wrongful dismissal, health and safety regulations, wage and hour laws, and collective bargaining. Students will explore both statutory and common law frameworks, analyze landmark cases, and consider current issues such as gig economy employment, privacy at work, and global labor standards. By the end of the course, students will develop a solid understanding of the legal landscape affecting employment and the ability to navigate legal challenges in a dynamic labor market.
Recommended Textbook Employment and Labor Law 7th Edition by
Patrick J. Cihon
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Page 2
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Q1) Which statute provides pensions to retired workers?
Answer: The Social Security Act of 1935 deals with provisions on pensions that are to be provided to retired workers.
Q2) A plaintiff has a choice between money damages and a court order of restitution for a perceived wrong. Which is the best remedy the plaintiff can use?
A) Plaintiff may exercise an election of remedies.
B) Plaintiff may appeal for a writ of certiorari.
C) Plaintiff may take the matter to arbitration.
D) Plaintiff may seek remedy for whistleblowers.
Answer: A
Q3) Which case decided if an arbitration clause can cut off employees' collective access to the rights and remedies of the National Labor Relations Act?
A) Gilmer v. Interstate/Johnson Lane Corporation.
B) In Re D.R. Horton, Inc.
C) West Coast Hotel Company v. Parrish.
D) Alexander v. Gardner-Denver Company.
Answer: B
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Page 3
Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) Brandy and Matthew are neighbors and live in Texas. Matthew was renovating his house, which caused dust and debris to collect in Brandy's front yard. Unfortunately her son was highly allergic to these particulates and fell grievously ill. In this case, Matthew violates:
A) the U.S. Constitution
B) the Labor Act.
C) tort laws.
D) breach of trust.
Answer: C
Q2) Define a whistleblower and describe the protection offered to whistleblower employees.
Answer: A whistleblower is an employee who calls attention to the employer's illegal or unethical activities. Many federal and state statutes such as SOX, OSHA and Title VII seek to protect whistleblowers by making retaliation an illegal act. The most significant whistleblower-protection law of the 21 century is the federal Sarbanes-Oxley Act (SOX), which protects employees who blow the whistle on illegal financial transactions. However, whistleblowers' rights may conflict with the privacy rights of others.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled, departing employees?
A) contributory negligence
B) infringement of trade mark
C) tort of trade secret
D) non-compete clause
Answer: C
Q2) Employers whose employees misappropriate the trade secrets are entitled to obtain: A) injunction.
B) penalty.
C) remand.
D) custody.
Answer: A
Q3) How is a third party responsible for tortious interference with contract?
Answer: A third party must interfere for an improper reason, such as animosity toward the plaintiff, and not for a valid business reason, in order to be held responsible for this tort.
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) What serious intrusion of employees' privacy has severe ethical implications?
Q2) Justifiably suspecting a person, based on facts or circumstances, of inappropriate or criminal activities is termed:
A) a tort.
B) surveillance.
C) reasonable suspicion.
D) as a misdemeanor.
Q3) The testing of human blood and/or urine for the presence of controlled/illegal substances is known as:
A) drug testing.
B) genetic testing.
C) reasonable suspicion.
D) mandatory testing.
Q4) Communications between employers regarding a former/prospective employee typically are protected by:
A) statutory rule.
B) malice.
C) absolute privilege.
D) state rule.
Q5) What does surveillance and eavesdropping mean?
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) A U.S. passport, certificate of U.S. citizenship, certificate of naturalization, or certain resident alien cards establish both ____________________, which are mandatory for IRCA compliance.
A) identity and proof of employment.
B) employment authorization and identity.
C) proof of employment and citizenship.
D) identity and financial credibility.
Q2) What are conventions?
Q3) State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
Q4) Which one of the following is the largest investigative branch of the Department of Homeland Security (DHS)?
A) U.S. Social Security Administration
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Citizenship and Immigration Services
Q5) What is the role of the convention of Service Abroad of Judicial and Extrajudicial Documents in civil or commercial matters?
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Q6) What is the Union Network International (UNI)?
Q7) Outline the duties of the International Labor Organization (ILO).
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) How is an employer defined under the Title VII of the Civil Rights Act of 1991?
Q2) A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is:
A) constructive validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.
Q3) A method of demonstrating that an employment selection device that selects employees based on the traits and characteristics that are required for the job in question is called:
A) construct validity.
B) seniority.
C) content validity.
D) affirmative action.
Q4) Who does Title VII of the Civil Rights Act of 1991 cover?
Q5) List the three classifications of standards developed by the American Psychological Association for validating job requirements.
Q6) How is seniority defined under Title VII?
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Q7) What were the two amendments added to Title VII in 1991?
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) What are the conditions to receive family temporary disability insurance benefits?
Q2) Explain Hostile Environment Harassment.
Q3) In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that using an employee's prior salary to determine pay for employees in a training program was not precluded by the:
A) Equal Pay Act.
B) Gender Discrimination Act.
C) National Labor Relation Act.
D) Occupational Safety and Health Act.
Q4) Harassment where the employee's response to the harassment is considered in granting employment benefits is called:
A) hostile environment harassment.
B) mental harassment.
C) defamation.
D) quid pro quo harassment.
Q5) What is gender discrimination?
Q6) What is sexual harassment? Explain employer liability for sexual harassment.
Q7) Define the Bennett Amendment.
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) Section 702(a) provides an exception under Title VII to all:
A) religious associations.
B) non-profit institutes.
C) corporate houses.
D) international organizations.
Q2) Government action involving religion raises issues under the __________ of the U.S. Constitution.
A) Third Amendment
B) First Amendment
C) Fifth Amendment
D) Fourth Amendment
Q3) Awarding of back pay and seniority is a:
A) principle reversed by the Supreme court.
B) remedy under Title VII .
C) state employment policy.
D) federal employment policy.
Q4) How does Equal Employment opportunity commission (EEOC) differ from the workings of the National Labor Relations Board (NLRB)?
Page 10
Q5) What are the remedies provided under Title VII?
Q6) What are disparate treatment claims?
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Chapter 9: Discrimination Based on Age
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Q1) Steven, an employee with a newspaper company in New York, was not getting a promotion because he was over 55 years of age. He was also not getting increments in comparison to employees who were thirty years and below. He filed complaint with local EEO agency but they ruled out the discrimination. Now he can file suit directly in:
A) federal court.
B) court of appeals.
C) district court.
D) bankruptcy courts.
Q2) In Kimel v. Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the U.S. Constitution provides:
A) state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.
B) individuals immunity from suits by private employers.
C) federal governments with immunity from suits by state government.
D) all seniority systems and benefit plans "shall require the involuntary retirement of individuals.".
Q3) How is the Age Discrimination in Employment Act enforced and administered?
Q4) What are the provisions of the Age Discrimination in Employment Act?
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Page 12
Chapter 10: Discrimination Based on Disability
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Q1) An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:
A) EEOC.
B) OSHA.
C) NLRB.
D) U. S. Supreme Court.
Q2) Ruth was diagnosed with an advanced stage of AIDS. Since she was a chef at a restaurant, the employer refused to allow her to work in the kitchen fearing that she may transmit the disease to others through food. Ruth filed a suit against the employer stating violation of ADA by refusing her job on the basis of her disability. There is a strong probability that the court held that, the employer has:
A) violated ADA.
B) food handler defense.
C) job-related criteria defense.
D) violated NLRA.
Q3) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q4) How is "disability" defined under the ADA?
Q5) What is the procedure to claim remedies under the ADA?
Q6) Explain the food handler defense under the ADA.
Page 13
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) In Cleveland Board of Education v. LaFleur, the Supreme Court struck down a rule imposing a mandatory maternity leave on teachers reaching the fifth month of pregnancy on grounds that it violated the ___________ rights of the teachers.
A) due process
B) equal protection
C) affirmative action
D) fundamental
Q2) The federal and state legislation generally prohibits employers from requiring employees to take:
A) honesty tests.
B) polygraph tests.
C) psychometric tests.
D) physical fitness tests.
Q3) Who administers the contract compliance program?
Q4) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q5) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Page 14
Q6) Give a brief outline of the Civil Rights Act of 1866 and 1870.
Q7) What is the responsibility of the federal Office of Special Counsel?
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) What is a labor injunction?
Q2) The AAUP's administration decides to freeze faculty salaries and reduce its contribution to the faculty's _____ and pension plans.
A) vehicle insurance
B) life insurance
C) medical insurance
D) workers' compensation
Q3) The National Labor Relations Act is also known as the:
A) Taft-Hartley Act.
B) Wagner Act.
C) Landrum-Griffin Act.
D) The Norris-La Guardia Act.
Q4) Section 3 of the Norris-La Guardia Act declares that _____ are contrary to public policy of the United States.
A) ex parte proceedings
B) union boycotts
C) yellow-dog contracts
D) collective bargaining efforts
Page 15
Q5) Discuss the socialist movement and its political influence.
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Chapter 13: The Unionization Process
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Q1) Under the contract bar rule, a written labor contract-signed and binding on the parties and dealing with substantial terms and conditions of employment-bars an election among the affected bargaining unit:
A) until the new bargaining unit is decided.
B) during the life of that bargaining agreement.
C) for the next twelve months from the date of the previous election.
D) for the next twelve months from the date of signing the contract.
Q2) Elemental Chemical Manufacturing Company located in New York decided to conduct an election to elect bargaining representative. The NLRB established an eligibility date for the employees at the firm. Jacob Wiles was hired by the Elemental Chemicals after the eligibility date was prepared. In this case, Jacob:
A) can vote during the conduct of election.
B) can be restrained from entering the company.
C) may be withheld from entering the rolls until further notice.
D) cannot vote during the conduct of election.
Q3) What is the relevance of filing objection after election has been conducted?
Q4) Explain the rationale behind the rules that bar holding of bargaining representative election.
Q5) What is bargaining unit?
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) In NLRB v. Brown, Supreme Court held that the employers' attempt to remain open for business using temporary replacements was a measure reasonably related to the legitimate business purpose of preserving the integrity of the multiemployer bargaining unit and has not violated both:
A) Section 8(a)(1) or 8(a)(3).
B) Section 9(a) or Section 10(e).
C) Section 7 or Section 8(b)(3).
D) Section 8(c) Section 8(a)(5).
Q2) According to NLRB v. Johnnie's Poultry Co. and Wisconsin Porcelain Co, an interrogation must include reassurances that participation in the interrogation is _____.
A) performance related
B) mandatory.
C) fair labor practice
D) voluntary.
Q3) What are the remedies for violation of Section 8(a) (2) of NLRA?
Q4) What is the exception regarding the encouragement of unions?
Q5) Which act defines unfair labor practices?
Q6) Apart from whipsaw strikes, what are the other reasons for engaging in multiemployer bargaining with union?
Page 17
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Chapter 15: Collective Bargaining
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Q1) Proposals under the collective agreement, which involve violations of the NLRA or other laws is known as:
A) prohibited bargaining subjects.
B) bargaining remedies.
C) modification of collective agreement.
D) mandatory bargaining subjects.
Q2) Which of the following is not true of the Truitt requirement to furnish information?
A) It applies to employers with 100 or more employees.
B) It is not a "truth-in-bargaining" requirement.
C) It relates only to claims of financial inability to meet union proposals.
D) It is aimed to help the union validate the employer's claims.
Q3) _____ makes it an unfair labor practice for an employer to refuse to bargain with the employees' ? representative.
A) Section 9(a)
B) Section 8(b)(3)
C) Section 8(d)
D) Section 8(a)(5)
Q4) What does Section 9(a) of the NLRA state regarding bargaining in good faith?
Q5) Define mass layoffs.
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Chapter 16: Picketing and Strikes
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Q1) Can any person suffering harm to business or property sue in federal court to recover damages?
Q2) What does Section 8(b)(4) of the National Labor Relations Act deal with?
Q3) A union distributing handbills and displaying a huge banner reading "labor dispute" on public ? property outside firms that were employing nonunion contractors was not picketing and did ? not violate Section 8(b)(4)(ii)(B), according to:
A) NLRB v. Babcock & Wilcox Co.
B) Overstreet v. United Brotherhood of Carpenters and Joiners of America, Local Union No. 1506.
C) Int. Longshoremen's Association v. NLRB
D) Kroger Co. v. NLRB
Q4) Briefly discuss state regulation(s) on picketing.
Q5) Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?
Q6) In the matter of strikes, constitutional issues apply only to:
A) private sector strikes.
B) government activity.
C) lockouts.
D) health-care institutions.
Page 19
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) In Major League Baseball Players Association v. Garvey, the Supreme Court emphasized that even when the court vacates an arbitration award, the court:
A) has a duty to arbitrate that continues after the expiration of the agreement if the grievance arises under the agreement.
B) may refuse to enforce an arbitration award only if the award violates "explicit" public policy.
C) should refuse to enforce an arbitration decision that violates the law.
D) must remand the issue back to arbitration for resolution rather than settling the merits of the dispute.
Q2) _____ is the settlement of disputes by a neutral adjudicator chosen by the parties to the disputes.
A) Voluntary recognition
B) Adjudication
C) Internal remedy
D) Arbitration
Q3) What conditions should be met by an employer petitioning for bankruptcy protection to reject the collective agreement?
Q4) Compare and contrast rights arbitration and interest arbitration.
Page 20
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Chapter 18: The Rights of Union Members
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Q1) What is a union shop?
Q2) Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must:
A) derecognize the bargaining representative.
B) reelect the bargaining unit.
C) refer the issue to an external party.
D) share liability.
Q3) Which legislation controls the operation and administration of employee welfare and pension plans?
Q4) In Glover v. St. Louis-San Francisco Railway, the Supreme Court held that employees _____ when the union and employer are cooperating in the violation of employee rights.
A) have to revise the labor contract
B) must seek intervention of a third party
C) need not exhaust contract remedies
D) need to exhaust internal remedies
Q5) Describe the duties of union officers.
Q6) What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?
Page 21
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Chapter 19: Public Sector Labor Relations
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Q1) In National Federation of Federal Employees, Local 1309 v. Dept. of the Interior, the Supreme Court held that the Federal Labor Relations Authority had the power to determine whether federal employers were required to engage in "midterm" bargaining.
Midterm bargaining is:
A) used to create a new collective agreement or to renew an existing agreement.
B) the bargaining during the term of a collective agreement over subjects that were not included in the agreement.
C) a process set up by a collective agreement to deal with complaints that arise under the collective agreement.
D) an arbitration that defines the rights and obligations of each party under the agreement.
Q2) The central authority responsible for the administration of the Federal Service Labor-Management Relations Act (FSLMRA) is the:
A) Federal Labor Relations Authority.
B) National Labor Relations Board.
C) Equal Employment Opportunity Commission.
D) Homeland Security Labor Relations Board.
Q3) What does the collective bargaining for the public sector employees involve?
Q4) What does the Hatch Act prohibit?
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Chapter 20: Occupational Safety and Health
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Q1) OSHA's occupational safety and health standards are enforced through:
A) compliance to the variances issued by the Secretary of Labor.
B) company records of employee health issues and deaths.
C) third party data providers on health standards.
D) physical inspections of workplaces.
Q2) The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high, arched roof. The company does not provide any safety norm to the employers, who are working on the roof. In an unfortunate incident, an employee fell of the high roof and lost his life. Upon investigation by the OSHA inspector, it was discovered that the employer had violated the standards under the act. This demands the employer to issue a(n):
A) bilateral agreement.
B) compliance agreement.
C) written citation.
D) appeal.
Q3) What are employers required to provide under the Occupational Safety and Health Act?
Q4) Briefly explain the scope of the Occupational Safety and Health Act.
Q5) Under which law or laws are illegal immigrant workers in the United States protected?
Page 23
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Chapter 21: The Employee's Safety Nets: Unemployment
and Workers' Compensation, Social Security, and Retirement Plans
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Q1) In Baker v. Commissioner of Social Sec., the plaintiff was:
A) found disabled under the meaning of the Americans with Disabilities Act.
B) provided benefits after appeal.
C) denied benefits.
D) disabled under the meaning of the Social Security Act.
Q2) Although ERISA has sweeping preemptive impact on most state laws, it specifically exempts _____ from its preemptive powers.
A) state workers' compensation laws
B) retired pensioners' benefit laws
C) immigrant laborers' compensation laws
D) health care providers' compensation laws
Q3) What are the three major benefits that fall under the Social Security system?
Q4) Discuss workers' compensation.
Q5) An employee's injury must be work-related in order to be eligible for:
A) medicare.
B) unemployment compensation.
C) workers' compensation.
D) insurance benefits.
Q6) What can disqualify an out-of-work worker from receiving unemployment Page 24
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Page 25
Chapter 22: The Fair Labor Standards Act
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Q1) In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:
A) for an equal amount.
B) at half the amount.
C) at double the amount.
D) at one-and-half times the amount.
Q2) How did the NIRA come into effect?
Q3) In Salazar v. Butterball, LLC, the plaintiffs were:
A) entitled to pay for the donning and doffing periods.
B) not entitled to pay for the donning and doffing periods.
C) fired for making a workers' compensation complaint.
D) fired for making a safety complaint.
Q4) Briefly describe the origin and purpose of the Fair Labor Standards Act (FLSA).
Q5) Which are the categories of child labor exempted from the category of oppressive child labor under the Fair Labor Standards Act?
Q6) Describe the coverage of the FLSA.
Q7) Who are exempted employees under the Fair Labor Standard Act?
Q8) Explain the term "workweek".
Q9) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
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