Labor and Employment Relations
Chapter Exam Questions
Course Introduction
Labor and Employment Relations explores the complex dynamics between employers, employees, labor unions, and governmental agencies within the workplace. The course examines key concepts such as collective bargaining, labor law, workplace rights, dispute resolution, and evolving employment practices. Students will analyze the historical development of labor movements, the impact of globalization, and contemporary issues such as diversity, equity, compensation, contract negotiations, and organizational change. Through case studies and real-world scenarios, the course prepares students to understand and navigate the legal and social frameworks that shape modern employment relations.
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Employment Law for Human Resource Practice 5th Edition by David
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Page 2
J. Walsh
Chapter 1: Overview of Employment Law
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Q1) Regarding the interrelationship of federal and state employment laws:
A)state laws must be identical to federal law or the state law is void
B)states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
C)states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
D)employment law is exclusively a federal domain, so states may not enact laws when federal law already exists
Answer: C
Q2) The contract referred to in Question #16 above is:
A)procedurally unconscionable
B)substantively unconscionable
C)neither of these
D)both of these
Answer: A
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Chapter 2: The Employment Relationship
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Q1) Persons performing volunteer work are more likely to be deemed employees if:
A)their services are provided to non-profit agencies
B)they receive significant remuneration for their services
C)they retain control over their volunteer work schedule
D)all of the above
E)none of the above
Answer: B
Q2) You started your own business 2 years ago,and needed several part-time workers,but did not want and could not afford to pay them a minimum wage,or payroll taxes,so you classified them as independent contractors.At the time,a decent argument could be made that they were independent contractors,as there had been no rulings on your particular arrangement.Recently,for a business very similar to yours,the Department of Labor ruled that the workers of the business were employees,and not independent contractors.What should you do?
A)nothing, unless the Department of Labor challenges your arrangement
B)nothing, unless one of the workers complains
C)have all of the workers sign independent contractor agreements immediately
D)begin to treat them as employees, including paying a minimum wage, and withholding income taxes
Answer: D
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Page 4
Chapter 3: Overview of Employment Discrimination
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Sample Questions
Q1) Certain protected classes are recognized under various state law but not under federal law.Name them.
Answer: The protected classes recognized by certain states but not federal law are: -Marital status
-Sexual orientation
-Tobacco/alcohol use
-Gender identity
Q2) An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work.The same policy applied to male crane operators.She objected to the policy,was offered alternative jobs,but none as a crane operator,and she quit.Does she have a valid claim for sex discrimination?
A)No, because practice is neutral, and therefore non-discriminatory.
B)No, because she was offered alternative positions.
C)Yes, because the practice was a form of disparate impact.
D)Yes, because the firm did not create a different rule for bathroom breaks for her. Answer: C
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Page 5
Chapter 4: Recruitment, Applications, and Interviews
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Q1) Which of the following is true regarding fraud claims?
A)they can be completely avoided by not saying anything
B)they differ from breach of contract claims primarily in the degree of harm suffered by the plaintiff
C)the false statement was made intentionally or with reckless disregard for the truth
D)if injury occurs, it doesn't matter whether the false statement was made intentionally or unintentionally
Q2) You have been hired by the owners of Brew & Beef,a local family owned restaurant.They would like to open a second restaurant (Brew & Beef II)across town and have asked your advice regarding the recruitment of employees.One of the owners and her sister will be managing the new site and they are transferring part of their chef staff to the new facility so they need your advice regarding the hiring of wait staff,bus staff,custodial help and kitchen help.Recent discrimination law suits have been in the news and they want things to go smoothly and legally.What advice would you give them?
Q3) Why is each of the following good legal advice?
a.Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.
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6
Chapter 5: Background Checks, References, and Verifying
Employment Eligibility
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Q1) Which of the following steps could an employer take that would help to eliminate possible claims of defamation?
A)obtaining a signed consent from a former employee, authorizing the employer to provide information about her job performance
B)negotiating an agreed letter of reference for an employee who is leaving
C)giving only information that verifies that the former employee worked for the employer, the rate of pay, and the dates of employment
D)all of these
Q2) You've now been on the job for a few months in your role as Assistant Human Resources Director,and have acquired some experience in interviewing and background checks.While doing a background check on a candidate for a secretarial position,you discover that the candidate was arrested several years ago while in college,and accused of damaging university property.What should you do?
A)disqualify the candidate for unfitness
B)talk to the candidate to find out what the report is all about
C)disregard the report, as it's an arrest, and not a conviction
D)none of these
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Chapter 6: Employment Tests
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Q1) Content validation studies:
A)examine whether behaviors and skills tested closely represent behaviors and skills used on the job
B)examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions
C)demonstrate a statistical association between test performance and job performance
D)all of the above
E)none of the above
Q2) Information about medications taken should be sought only after positive drug test results occur.
Q3) Which of the following is considered a medical exam under the ADA?
A)drug test for illegal substances
B)genetic test
C)physical fitness/agility test
D)vision tests for ability to read or recognize objects
E)none of the above
Q4) Employers should have evidence of validity for all of their tests,but must do so for tests that have discriminatory effects.
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8
Chapter 7: Hiring and Promotion Decisions
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Q1) Promissory estoppel claims:
A)arise when employment contracts are breached
B)require evidence of intent to deceive
C)require reasonable reliance on a clear promise
D)all of the above
E)none of the above
Q2) Trends in jobs and hiring criteria raise new legal questions because:
A)increased emphasis on "soft skills" that are assessed subjectively limits employment opportunities for people of color
B)increased emphasis on flexible job descriptions and teamwork limits employment opportunities for older workers
C)increased emphasis on organization-fit limits employment opportunities for disabled persons
D)all of the above
E)none of the above
Q3) Rather than use protected class characteristics to identify persons with desired abilities,employers should find more individualized means of assessing job-related abilities.
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Chapter 8: Affirmative Action
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Q1) The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA),was recently amended to provide:
A)for specific hiring benchmarks for Vietnam vets
B)that Vietnam vets must be hired when they apply for a job
C)affirmative action for Vietnam vets in federal contract cases of more than $500,000
D)that affirmative action for Vietnam vets applies automatically in any federal contract regardless of size
Q2) Federal contractors and sub-contractors with at least 50 employees and contracts worth at least $50,000 must develop written affirmative action plans addressing employment of women and minorities and submit them to the OFCCP within 120 days of their contracts commencing.
Q3) There is a perception among some that affirmative action results in quotas and reverse discrimination.Discuss the justification for affirmative action and whether affirmative action indeed results in quotas and reverse discrimination.
Q4) Affirmative action must never be used as a basis for making discipline and termination decisions.
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Page 10
Chapter 9: Harassment
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Q1) The plaintiff in a harassment case must prove:
A)the harassment was because of sex
B)the harassment was directed toward a protected class
C)the harassment was unwelcome
D)all of these
E)only b and c
Q2) Employers are strongly advised to establish,communicate,and enforce policies prohibiting harassment.
Q3) Employers are vicariously liable for harassment when:
A)a hostile environment is created by a top official
B)harassment by a supervisor results in a tangible employment action
C)a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure
D)all of the above
E)none of the above
Q4) Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.
Q5) Care should be exercised in using transfers or reassignments to deal with harassment.
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Chapter 10: Reasonably Accommodating Disability and Religion
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Q1) A clerical employee who has a special gift for languages is also disabled,and in a wheelchair.You have previously made his work area accessible,but he is now asking for a special accommodation - that you create a position for him in which he can use his language skills in translations,and not in clerical work.Which of the following statements is true?
A)The request is a reasonable one, and you should try to accommodate it
B)The request is not a reasonable one, so you don't have to accommodate it
C)There is no requirement under the ADA that an employer create a position for an employee who is disabled
D)None of these is correct
Q2) Accommodations cannot be dismissed as too costly without considering the availability of external funding and offering disabled employees the opportunity to pay for the portion of the cost that would create undue hardship.
Q3) Under Title VII,the concept of "religion" is limited to:
A)membership in or affiliation with an established church or denomination
B)beliefs or practices that a church or denomination requires of its members
C)beliefs or practices centering on the worship of a God or other deity
D)all of the above
E)none of the above
Page 12
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Chapter 11: Work-life Conflicts and Other Diversity Issues
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Q1) In the event of the serious injury or illness of a service member incurred while on active duty,the maximum period of leave under the FMLA during a 12 month period is:
A)six weeks
B)twelve weeks
C)twenty weeks
D)twenty-six weeks
Q2) Under the FMLA:
A)pregnancy is a "serious health condition" triggering the right to FMLA leave
B)pregnancy is not a "serious health condition" triggering the right to FMLA leave unless there are complications
C)only a pregnant employee may receive leave under the FMLA
D)none of these
Q3) "No fault" attendance policies must be either discontinued or exceptions must be made for employees on FMLA leave.
Q4) Employer's should consider an employee's or applicant's accent only to the extent that communication is a significant part of the job in question and the individual's accent impedes communication.
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Chapter 12: Wages, Hours, and Pay Equity
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Q1) The Migrant and Seasonal Agricultural Worker Protection Act requires that:
A)migrant agricultural workers must be paid no less than the prevailing wage for farm laborers in the geographic region
B)migrant agricultural workers must be provided with housing and the housing must be safe and sanitary
C)migrant agricultural workers must receive overtime pay of one and a half times their regular rate of pay for all work hours in excess of 50 in a week
D)all of the above
E)none of the above
Q2) "Tipped employees" can be paid less than the minimum wage provided:
A)they agree to a reduced minimum wage salary, however, if they don't agree they must be paid the full minimum wage and any tips are forfeited to the employer or the other employees
B)they retain on an individual basis all tips that are earned; pooling of tips is not permitted
C)their total pay in wages and tips equals at least the minimum wage
D)the employee customarily and regularly receives at least $30 per week in tips
Q3) Employers should maintain accurate and up-to-date job descriptions
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Page 14
Chapter 13: Benefits
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Q1) Which of the following is a fiduciary duty under ERISA?
A)ensuring that plans operate in accordance with plan documents and ERISA
B)diversifying pension fund assets to minimize the risk of large losses
C)managing benefit plans and funds solely in the interest of plan beneficiaries
D)all of the above
E)none of the above
Q2) Regarding employment benefits,the general rule is that:
A)employers are legally required to provide employment benefits in the form of basic health care, vacation pay, and pension or profit sharing plans
B)employers are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
C)only employers with 50 or more employees are legally required to provide basic health care, but no other benefits, although they may do so voluntarily
D)none of these
Q3) A pension plan must have mandatory vesting.
Q4) Benefit plan administrators must base their decisions about eligibility for benefits on plan documents,have reasons for their decisions,and use all of the current,relevant information available to them.
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Page 15
Chapter 14: Unions & Collective Bargaining
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Q1) Which of the following is not a fundamental right conferred on employees by the National Labor Relations Act ("Sec.7 rights")?
A)the right to self-organization
B)the right to fair pay and benefits
C)the right to strike
D)the right to assist labor unions
Q2) Non-employee organizers:
A)have no rights under the NLRA and can be barred from entering workplaces
B)must be allowed to speak with employees during non-work times and in non-work areas
C)must be allowed into workplaces if the majority of employees desire their presence
D)can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist
E)none of the above
Q3) What must be proven in order to establish a prima facie case of discrimination by the NLRB?
Q4) Employers must not create or control "company unions."
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16
Chapter 15: Occupational Safety and Health
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Q1) Your office is being expanded,which is good,but the noise of construction is bothering some workers.Some complain of headaches,others of hearing problems.If you are the Safety Director for the firm,which of the following would you recommend as the best remedy?
A)the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site
B)the construction firm should be ordered to work more quietly
C)those who are suffering from hearing problems and headaches should go home
D)all of these
Q2) The elements of a specific violation of OSHA regulations include all of the following EXCEPT:
A)an applicable standard exists
B)the standard was not complied with
C)one or more employees were injured by the hazard
D)the employer knew or should have known of the hazard
Q3) The best thing an employer can do to avoid OSHA violations is:
A)take steps to prevent workplace injuries
B)create a comprehensive workplace safety program
C)be proactive in assessing workplace hazards
D)all of these
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Chapter 16: Performance Appraisals, Training and Development
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Q1) The forced distribution method regarding performance appraisals consists of:
A)setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time
B)evaluating protected classes within departments separately so that consistency within these groups can be maintained
C)requiring that predetermined percentages of employees be placed into particular performance categories
D)banding of performance appraisal results to create equality and negate the effect of statistical inconsistencies in the evaluation itself which might have led to potential discrimination
Q2) Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees
Q3) Time spent in training,even outside normal work hours,will usually have to be compensated
Q4) Global performance ratings should be avoided,unless they are derived by combining ratings on more specific criteria
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Page 18
Chapter 17: Privacy on the Job: Information, Monitoring and Investigations
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Q1) Regarding the right to privacy:
A)employees have a 4 amendment right to be free from unreasonable searches and seizures of their workplaces
B)common law privacy protections apply to public, but not private employees
C)whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis
D)constitutional rights to privacy apply to private, but not public employees
Q2) Information about employee misconduct derived from investigations should be treated as confidential and shared only with those who have a legitimate need to know
Q3) Searches should be no more extensive or intrusive than necessary
Q4) HIPAA applies primarily to:
A)health care providers
B)hospitals receiving Medicare payments
C)self-insured companies
D)all firms contracting with the federal government
E)a and c
F)none of these
Q5) Interrogations of employees suspected of wrongdoing should be kept as brief as possible
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Chapter 18: Terminating Individual Employees
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Q1) The Montana Wrongful Discharge from Employment Act (WDEA):
A)requires the arbitration of all wrongful discharge claims
B)prohibits discharges that are not for good cause
C)requires that employers provide due process before discharging employees
D)all of the above
E)none of the above
Q2) Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation
Q3) After a troublesome time with a new manager,an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out,all of her belongings were in boxes,and her office was being used for storage.While she was on vacation,her new supervisor had called,asking where certain documents were located.When he found the employee's answer unsatisfactory,the supervisor said,"Well,this is the last straw." What is the best assessment of this situation?
A)the employee has suffered discrimination
B)the employee has suffered a constructive discharge
C)the employee has quit
D)none of these
Q4) Discipline should be administered in a consistent fashion
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Chapter 19: Downsizing, Unemployment Insurance, and
Other Post-termination Issues
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Q1) A 55 year old supervisor who has always received good performance appraisals is downsized.Two younger (42 and 45 year old)supervisors from the same department,whose performance had been rated lower,were nonetheless retained.The employer says that it had to save money and that the older supervisor earned considerably more money (he did).If the termination is legally challenged,a court would most likely decide:
A)For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
B)For the employer because the employees retained were also over 40 years of age
C)For the employer because it had a lawful, non-discriminatory motive for the termination
D)For the employee because the employer has engaged in disparate treatment based on age
E)For the employee because salary level is a neutral criterion that creates adverse impact against older employees
Q2) Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.
Q3) Employers should have clear,objective criteria for deciding which employees to downsize
Page 21
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