Human Resources Legal Compliance
Exam Materials
Course Introduction
Human Resources Legal Compliance provides an in-depth exploration of the legal frameworks and regulations that govern workplace practices in organizations. The course covers core topics such as employment law, anti-discrimination legislation, wage and hour laws, workplace safety standards, and labor relations. Students will learn to interpret and apply statutes such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Equal Employment Opportunity (EEO) laws. Emphasis is placed on developing practical skills for managing compliance issues, resolving legal disputes, conducting internal investigations, and implementing policies to mitigate liability. Through case studies and real-world scenarios, students gain a comprehensive understanding of how to ensure their organizations operate ethically and lawfully in a dynamic professional environment.
Recommended Textbook
Employment and Labor Law 9th Edition by Patrick J. Cihon
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22 Chapters
1403 Verified Questions
1403 Flashcards
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Chapter
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Sample Questions
Q1) Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the:
A) Equal Employment Opportunity Commission (EEOC).
B) American Federation of Labor/Congress of Industrial Organizations (AFL-CIO).
C) National Labor Relations Board.
D) Election of remedies.
Answer: A
Q2) David hired John as an assistant in his art studio.After two months David discharged John from his position due to John's bad quality of work.Under which doctrine can we say David discharged John?
A) Title VII
B) Employment-at-will
C) The Social Security Act
D) Willful misconduct
Answer: B
Q3) 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.
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Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) What is SOX?
Answer: SOX is the Sarbanes-Oxley Act.It protects employees who report improper conduct by corporate officials concerning securities fraud and corruption.
Q2) The freedom of employees to quit the employment relationship is an important issue underlying:
A) the express contract doctrine.
B) the employment-at-will doctrine.
C) in independent employee doctrine.
D) the legal doctrine of an implied employment.
Answer: B
Q3) What is a tort?
Answer: Tort is a private or civil wrong or injury, caused by one party to another, either intentionally or negligently.
Q4) The Sarbanes Oxley Act (SOX) was passed in the wake of
A) September 11, 2001.
B) Mendoza v.Western Medical Center Santa Ana.
C) the Enron and Worldcom scandals.
D) None of these answers.
Answer: C
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Chapter 3: Commonly Committed Workplace Torts
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Sample Questions
Q1) In the Toler v.Süd-Chemie, Inc.case, an employer was accused of abusing:
A) laws of the company.
B) qualified privilege.
C) employee privacy.
D) contractual obligations.
Answer: B
Q2) Since business defamation is a ______, it can amount to strict liability once the plaintiff has proved that the damaging statement was ______.
A) criminal offence; heinous
B) misdemeanor; unreasonable
C) per se tort; published
D) negligence; intentional
Answer: C
Q3) Which of these forms of invasion of privacy is closely related to the tort of defamation?
A) Invasion of plaintiff's solitude
B) Intrusion into plaintiff's private affairs
C) Portraying plaintiff in a false light
D) Appropriating plaintiff's name or likeness
Answer: C
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Chapter 4: Employee Privacy Rights in the 21st Century
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Sample Questions
Q1) Identify the entities covered under HIPPA.
Q2) One of the express purposes of HIPAA's privacy provisions is to:
A) prevent employers from using PHI for personnel decisions.
B) prevent employers from creating a "firewall" between employees who administer health insurance plans and all other employees.
C) protect employees and applicants who may suffer from physical and mental disabilities.
D) remove many thousands of private employers from HIPAA and its implementing regulations.
Q3) Reasonable suspicion for substance abuse:
A) has not been linked to decrease in productivity at work.
B) could be a result of racial discrimination.
C) is a violation of HIPAA regulations.
D) is usually linked to apparent physical state of impairment.
Q4) Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.
Q5) What is a background screening policy?
Q6) Describe malice in the context of defamation and invasion of privacy.
Q7) Who are system administrators?
Page 6
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Chapter 5: The Global Perspective:international
Employment Law and American Immigration Policy
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Sample Questions
Q1) Whose responsibility is to ensure public safety against foreign and domestic threats?
A) U..Social Security Administration
B) Federal Bureau of Investigation
C) U..Department of Labor
D) U..Department of Justice
Q2) What steps did Brazil take in the eradication of child labor and slavery?
Q3) The federal statute which provides the cause of action for aggrieved noncitizen residents in the U..courts is:
A) National Labor Relations Act.
B) Alien Tort Claims Act.
C) Immigration Reform and Control Act.
D) Torture Victim Protection Act.
Q4) Immigration and Customs Enforcement is the largest investigative branch of the Department of Homeland Security.
A)True
B)False
Q5) What is the role of the convention of Civil Aspects of International Child Abduction?
Q6) What are conventions?
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Sample Questions
Q1) An exception to this civil rights law that allows an employer to hire employees of a specific gender when business necessity requires it is:
A) disparate impact.
B) disparate treatment.
C) bona fide occupational qualification.
D) criterion-related validity.
Q2) In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs:
A) were in violation of Title VII.
B) were not in violation of Title VII.
C) were based on the 1991 amendment to Title VII.
D) did not perpetuate the effects of prior discrimination.
Q3) Write a short note on retaliation under Title VII.
Q4) Title VII is administered by the:
A) Securities and Exchange Commission.
B) Department of Justice.
C) Supreme Court.
D) Equal Employment Opportunity Commission.
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Chapter 7: Gender and Family Issues:title VII and Other Legislation
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Q1) The EEOC clearly states that sexual harassment does not amount to gender discrimination and hence does not violate Title VII.
A)True
B)False
Q2) In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII?
A) Fountain v.Safeway Stores, Inc.
B) Carroll v.Talman Federal Savings & Loan Assoc.
C) Baker v.California Land Title Co.
D) Willingham v.Macon Tel.Publishing Co.
Q3) ______ state(s) that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances.
A) The National Labor Relation Board
B) The Occupational Safety and Health Act
C) EEOC guidelines
D) U..Constitution
Q4) What are the important aspects of the Family and Medical Leave Act?
Page 9
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Chapter 8: Discrimination Based on Religion and National
Origin and Procedures Under Title VII
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Sample Questions
Q1) Discuss the enforcement of Title VII.
Q2) Why should employers avoid arbitrary employment criteria, such as height or weight for applicants?
Q3) An employer may violate _____ by discriminating against an applicant or employee whose education or training is foreign.
A) the Sarbanes-Oxley Act
B) disparate impact
C) Title VII
D) disparate treatment
Q4) 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.
Q5) What does Title VII of the Civil Rights Act of 1964 deal with?
Q6) Explain ministerial exemption within the context of Title VII.
Q7) What is discrimination based on national origin?
Q8) How does Equal Employment opportunity commission (EEOC) differ from the workings of the National Labor Relations Board (NLRB)? Page 10
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Chapter 9: Discrimination Based on Age
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60 Flashcards
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Sample Questions
Q1) The Age Discrimination in Employment Act (ADEA) does not include labor unions and employment agencies.
A)True
B)False
Q2) If early retirement and waiver are offered to a class of employees, the employer must provide employees with:
A) additional time to submit all the paperwork.
B) monetary grants.
C) legal documents and access to an attorney.
D) the factors to determine eligibility for early retirement.
Q3) Carl is working as a ground staff for Ramset airlines since five years and his employer refused to complete his annual appraisal since he was over fifty years of age.He filed suit alleging violation under Age Discrimination in Employment Act.The court decided in favor of Carl and also ordered for remedies such as:
A) back pay.
B) liquidated damages and legal fees.
C) increment of salary.
D) reinstatement.
Q4) Who are covered under Age Discrimination in Employment Act?
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Chapter 10: Discrimination Based on Disability
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Sample Questions
Q1) Remedies available under the Americans with Disabilities Act (ADA) include injunctions, hiring or reinstatement order and attorney fees.
A)True
B)False
Q2) In National Treasury Employees Union v.Von Raab, the Supreme Court upheld rules of the:
A) U..Customs Service.
B) U..Prevention of Drug Act.
C) National Labor Relation Board.
D) Occupational Safety and Health Act.
Q3) 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.
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Chapter 11: Other EEO and Employment Legislation:federal and
State Laws
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Sample Questions
Q1) The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law.
A) Section 1981(a) of the Civil Rights Act of 1991
B) Section 1981(b) of the Civil Rights Act of 1991
C) Section 1983 of 42 U...
D) Section 1985 of 42 U...
Q2) Which of the following is not true regarding USERRA?
A) It covers both private and public sector employers.
B) It also covers the federal government.
C) It prohibits employers from discriminating against employees because of their service in the military.
D) It applies only to career military service.
Q3) Name a few instances in which the employers conduct criminal record background checks on applicants.
Q4) Persons who are affected by alleged violations of the USERRA must file written complaints with the U..Attorney General.
A)True
B)False
Q5) Who administers the contract compliance program?
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Sample Questions
Q1) In the Danbury Hatters' case, the Supreme Court held that the union boycott was a combination in restraint of trade within the meaning of the:
A) Clayton Act.
B) National Labor Relations Act.
C) Sarbanes Oxley Act.
D) Sherman Act.
Q2) The _____ emphasized political activity as well as organizing activity and had spectacular success in organizing the workers of the steel, automobile, rubber, electrical, manufacturing, and machinery industries.
A) Congress of Industrial Organizations (CIO)
B) American Federation of Labor (AFL)
C) Change to Win Coalition
D) International Brotherhood of Teamsters
Q3) What is the Noble Order of the Knights of Labor?
Q4) The Railway Labor Act was amended by the:
A) National Industrial Recovery Act.
B) Congress.
C) National Labor Relations Board.
D) Taft-Hartley Act.
15
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Chapter 13: The Unionization Process
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Sample Questions
Q1) What is bargaining unit?
Q2) Section 9(C) (3) of the National Labor Relations Act provides that when a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit.
A)True
B)False
Q3) Under the NLRA, no petitions seeking a new representation or decertification election can be filed for bargaining unit of employees during the _____ period following the elections.
A) three- month
B) six-month
C) nine-month
D) twelve-month
Q4) What are the five provisions of Section 9(b) of NLRA?
Q5) The Board holds that unfair labor practice strikers:
A) cannot constitute a bargaining unit.
B) cannot be permanently replaced by the employer.
C) are not eligible to vote in any election held during the strike.
D) may also be considered as economic strikers.
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Sample Questions
Q1) Dolan Tractor is a manufacturing unit in Nevada.The employers rely on unions to refer prospective employees to the various employers.This kind of arrangement is known as:
A) agency shop agreement.
B) soliciting agreement.
C) hiring hall.
D) union shop.
Q2) In E.I.DuPont & Co, the NLRB decided to restrict Weingarten rights only to:
A) private employees.
B) federal employees.
C) unionized employees.
D) non union employee.
Q3) The scope of unfair labor practices (ULPs) by employers and union is covered under the National Labor Relations Act (NLRA).
A)True
B)False
Q4) Joint bargaining by employers prevents unions from engaging in whipsaw strikes.
A)True
B)False
Q5) What are the remedies for violation of Section 8(a)(2) of NLRA?
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Chapter 15: Collective Bargaining
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Q1) Section 8(a)(5) requires that the employer bargain with a union that is the representative of its employees according to _____.
A) Section 9(a)
B) Section 8(d)
C) Section 8(a)
D) Section 704(a)
Q2) Briefly describe permissive bargaining subjects.
Q3) A union or employer seeking to bargain with the other party must notify that other party of its desire to bargain at least _____ prior to the expiration of the existing collective agreement.
A) forty five days
B) thirty days
C) sixty days
D) ninety days
Q4) Permissive bargaining subjects are those matters not directly related to wages, hours, terms and conditions of employment, and are not prohibited.
A)True
B)False
Q5) Define mass layoffs.
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Chapter 16: Picketing and Strikes
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Q1) Secondary boycott prohibitions were intended to protect _____ from union pressure.
A) private employers
B) neutral employers
C) the federal government
D) health-care providers
Q2) The General Electric case made the nature of the work performed by the secondary employees at the primary site the key to whether the union may target secondary employees with:
A) strike.
B) picketing.
C) legal action.
D) violence.
Q3) State courts are not allowed to issue injunctions against mass picketing.
A)True
B)False
Q4) Injunction is intended to prevent the activity in question of a complaint until its legality can be determined.
A)True
B)False
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) In Textile Workers Union of America v.Lincoln Mills of Alabama, the Court noted that the _____, which restricts federal courts issuing injunctions in labor disputes, does not apply to suits seeking to order arbitration under Section 301.
A) Norris-La Guardia Act
B) Fair Labor Standards Act
C) National Labor Relations Act
D) Sherman Antitrust Act
Q2) What remedy is available to a party if one party refuses to comply with the arbitrator's award?
Q3) Rights arbitration is generally used as the final step in the _____ process.
A) recruitment
B) renewal
C) termination
D) grievance
Q4) Compare and contrast rights arbitration and interest arbitration.
Q5) An implied no-strike clause does not cover any dispute that is subject to arbitration under the agreement.
A)True
B)False
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Chapter 18: The Rights of Union Members
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Q1) Under which provision of the National Labor Relation Act is improper disciplinary action protected?
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 share liability.
A)True
B)False
Q3) What is an agency shop?
Q4) In Boilermakers v.Hardeman, Hardeman filed suit against the union, alleging that it violated _____ by denying him a full and fair hearing in the union disciplinary proceedings.
A) Section 301
B) Section 101(a)(5)
C) Section 10(a)(5)(c)
D) Section 8(b)(1)(a)
Q5) Describe the duties of union officers.
Q6) What is the duty of fair representation on part of the union?
Q7) Which legislation controls the operation and administration of employee welfare and pension plans?
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Chapter 19: Public Sector Labor Relations
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Q1) What is the opinion given in Postal Clerks v.Bloun, regarding public sector employees' right to strike?
A) Public sector employees are entitled to their constitutional right to strike.
B) Public sector employees have the right to strike subject to a time limit.
C) Public sector employees can strike with the permission of the Supreme Court.
D) Public sector employees do not have the right to strike.
Q2) In State Ex Rel.Ozanne v.Fitzgerald, what law or act was violated?
A) Federal Service Labor-Management Relations Act
B) Wagner Act
C) Open Meetings Law
D) Taylor Law
Q3) Bargaining, in the case of a public sector employer, does not influence taxes or the level of public services provided by the government employer.
A)True
B)False
Q4) The Federal Labor Relations Authority (FLRA) has the authority to hold hearings and issue subpoenas.
A)True
B)False
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Chapter 20: Occupational Safety and Health
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Q1) According to the study released by professors at Tulane University and the University of California at Berkeley, which of the following is not true of illegal immigrants?
A) Under federal labor law, illegal immigrants are afforded the same health and safety protections as documented workers.
B) Regardless of their legal status, laborers can sue most employers for violation of the minimum wage law and overtime regulations.
C) The illegal immigrants often work in hazardous conditions without protective gear and earn far less than their legal counterparts.
D) The employer needs to maintain separate records on health and safety for illegal migrants working in hazardous occupations.
Q2) A de minimis violation is a significant technical violation. A)True
B)False
Q3) When can variance be sought? What are the kinds of variances?
Q4) When should citation be an issue? Can the employer challenge a citation?
Q5) How is the Occupational Safety and Health Act administered and enforced?
Q6) What are the two main goals of the Occupational Safety and Health Act?
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Sample Questions
Q1) What are the three major benefits that fall under the Social Security system?
Q2) 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.
Q3) Under the Social Security system, monthly benefits are payable to a retired insured worker from age _____ onward.
A) fifty-five
B) fifty-eight
C) sixty-two
D) sixty-five
Q4) What are the two types of benefit plans established under the Employee Retirement Income Security Act (ERISA)?
Q5) The Jones Act is applicable to:
A) sailors.
B) retirees.
C) medical professionals.
D) war veterans.
Page 24
Q6) What constitutes disability under the Social Security system?
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Chapter 22: The Fair Labor Standards Act
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Q1) Which of the following is not a condition for administrative employees to be exempt from overtime and minimum wage requirements under the FLSA?
A) Employee is compensated with a salary of not less than $455 per week.
B) The primary duty is the performance of office work directly related to the management.
C) The primary duty does not include general business operations with the firm's customers.
D) Her/his primary duty includes the exercise of discretion
Q2) Linda is the owner of Los Angeles-based leather manufacturing company.Almost 500 employees were working in that unit.Employees were not paid proper wages and overtime pay for extra time worked beyond their normal working hours.Who is authorized to file suit on behalf of employees seeking to collect wages and overtime?
A) The National Labor Relations Board
B) The Employment Security Commission
C) The Administrative Law Judge
D) The Secretary of Labor
Q3) Explain the term "workweek".
Q4) What remedies can an employee seek under the Fair Labor Standards Act?
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