Workplace Law Exam Practice Tests
Course Introduction
Workplace Law explores the legal framework governing the employment relationship, focusing on the rights and responsibilities of employers and employees. The course covers key legislation regulating hiring, working conditions, termination, discrimination, workplace health and safety, labor standards, and dispute resolution. Students will analyze case studies and real-world scenarios to understand compliance issues, the role of regulatory bodies, and the impact of workplace law on organizational policies. This course equips learners with foundational knowledge to navigate legal challenges in diverse work environments.
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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Page 2
Chapter 1: First the Forest, Then the Trees:an Overview of Employment and Labor Law
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Q1) The new laws and common-law legal theories have often supplanted labor unions as the main source of legal protection for American workers.
A)True
B)False
Answer: True
Q2) In the case of Gilmer v.Interstate/Johnson Lane Corporation, NYSE Rule 347 provided for arbitration in matters that only dealt with the termination of employment.
A)True
B)False
Answer: False
Q3) The Industrial Revolution in 19th century England and America witnessed the rise of the employment-at-will doctrine in the common law.
A)True
B)False
Answer: True
Q4) 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.
Page 3
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Chapter 2: Employment Contracts and Wrongful Discharge
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Sample Questions
Q1) Contracts that courts infer from company policies and the behavior of the parties are known as:
A) implied contract.
B) void contract.
C) express contract.
D) voidable contract.
Answer: A
Q2) Identify two Acts that protect whistleblowers from employer retaliation.
Answer: Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing employees.
Q3) A tort is:
A) an agreement that both an employee and an employer are free to terminate the relationship at any time and for any legally permissible reason.
B) an employee who reports employer wrongdoing.
C) a private or civil wrong or injury, caused either intentionally or negligently.
D) None of these answers.
Answer: C
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Chapter 3: Commonly Committed Workplace Torts
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Q1) Retaliatory demotion cannot support a claim on wrongful discharge.
A)True
B)False
Answer: False
Q2) What is qualified privilege and which kind of privilege is provided to public and private employees?
Answer: Immunity from a suit in the absence of malice is known as qualified privilege.Privilege can be absolute or qualified.Public employers may enjoy an absolute privilege or sovereign immunity from lawsuit.Private employers have a qualified privilege, meaning they are protected from lawsuit if they speak without malice.
Q3) A tort can be defined as a civil wrong.
A)True
B)False Answer: True
Q4) Private employers are not covered by qualified privilege.
A)True
B)False
Answer: False
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) Both private and public sector employers can monitor employees' use of employer-owned computers:
A) with an appropriate notice.
B) through a written warrant.
C) with the permission of state authorities.
D) with or without prior notice.
Q2) Human Resource Departments do not maintain employee files since these are considered confidential.
A)True
B)False
Q3) In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?
A) 1889
B) 1899
C) 1998
D) 1999
Q4) Who are system administrators?
Q5) What tort is committed when the privacy rights of private employees disregarded?
Q6) What does surveillance and eavesdropping mean?
Q7) What serious intrusion of employees' privacy has severe ethical implications?
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Chapter 5: The Global Perspective:international
Employment Law and American Immigration Policy
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Q1) The Union Network International has laid special emphasis to build more effective alliances in multinationals.
A)True
B)False
Q2) Which one of these mechanisms creates a legal workforce without decreasing the number of workers available to harvest perishable crops?
A) H-2A program
B) H-1 program
C) H-2 program
D) H-1A program
Q3) One of the primary objectives of the Immigration Reform and Control Act (IRCA) of 1986 is to meet the globalization of corporations, trade, and manufacturing head on.
A)True
B)False
Q4) As a general proposition, immigration law and policy are not deemed to be the exclusive provinces of the federal government.
A)True
B)False
Page 7
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Sample Questions
Q1) The Uniform Guidelines set out standards for demonstrating test validity.How are the standards classified and how do they relate to job requirements?
Q2) Define construct validity.
Q3) Seniority, or the length of service on the job, is frequently used to determine entitlement to employment benefits, promotions, or transfers, and even job security itself.
A)True
B)False
Q4) A method of demonstrating that an employment selection device correlates with the skills and knowledge required for successful job performance is called:
A) construct validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.
Q5) A labor union that operates a hiring hall is covered by Title VII without reference to total membership.
A)True
B)False
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Page 8
Chapter 7: Gender and Family Issues:title VII and Other Legislation
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Q1) Section 703(e)(1) of the Bona Fide Occupational Qualification allows employer to select employees based on sex and gender in certain instances.
A)True
B)False
Q2) In Kouba v.Allstate Insurance Co. the U..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.
Q3) Under the Family and Medical Leave Act, the employer may deny leave to employees, who are designated as:
A) "employees on probation".
B) mandatory employees.
C) "key employees".
D) temporary employees.
Q4) What is gender discrimination?
Q5) Explain the coverage of the Equal Pay Act.
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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) Richard worked as an assembly line worker and faced employment discrimination by his supervisors.He filed a suit against his supervisors and company under Title VI and consecutively won the case against his employers.He was most likely:
A) awarded back-pay.
B) reinstated at a senior level with higher pay.
C) awarded compensatory damages.
D) awarded punitive damages.
Q2) Section 702(a) provides an exception under Title VII to all:
A) religious associations.
B) non-profit institutes.
C) corporate houses.
D) international organizations.
Q3) Under which rule of Title VII, does the EEOC not need a certification as a class representative?
A) Rule 20
B) Rule 21
C) Rule 22
D) Rule 23
Q4) Explain ministerial exemption within the context of Title VII.
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Chapter 9: Discrimination Based on Age
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Sample Questions
Q1) The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of:
A) 50.
B) 55.
C) 65.
D) 70.
Q2) The Age Discrimination in Employment Act (ADEA) is enforced and administered by:
A) Equal Employment Opportunity Commission.
B) National Rural Employment Commission.
C) National Industrial Relation Association.
D) Young Men of America Association.
Q3) If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____ to consider the waiver.
A) forty-five days
B) seven days
C) ten days
D) twenty-one days
Q4) When is arbitration for ADEA claims enforced?
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Chapter 10: Discrimination Based on Disability
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Q1) What is the constitutional validity of drug testing by public sector employment?
Q2) The Americans with Disabilities Act (ADA) prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA.
A)True
B)False
Q3) Duke was an employee at General Vehicles Company.He had a problem with alcohol and often remained absent from work.The company decided to terminate him from employment after confirming their suspicions, but without providing a warning or any suggestion to undergo rehabilitation.In this case, the company violated ADA and Rehabilitation Act, which failed to:
A) a proper medical test.
B) make reasonable accommodation.
C) establish the connection between alcoholism and productivity.
D) make any further investigation.
Q4) What is the procedure to claim remedies under the ADA?
Q5) What is the American with Disabilities Act?
Q6) What does Section 501 of the Rehabilitation Act deal with?
Q7) Explain the term "qualified individual with a disability.
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Chapter 11: Other EEO and Employment Legislation:federal and
State Laws
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Sample Questions
Q1) What reasons allow employers not to reinstate employees after their military service?
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) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Q4) 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...
Q5) The whistleblower provisions of Sarbanes-Oxley also apply to foreign citizens working abroad for foreign subsidiaries of U..corporations.
A)True
B)False
13
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
Q2) Employees excluded from the NLRA coverage are prevented from organizing and attempting to bargain collectively with their employer.
A)True
B)False
Q3) The NLRB does not look to the degree of control and direction exercised by the firm over the worker to determine whether the worker is an employee or an independent contractor.
A)True
B)False
Q4) One of the grounds on which the National Labor Relations Board will review an election is if:
A) the majority of employees demand review.
B) the procedure involved some error that prejudiced a party.
C) there is a tie among the parties.
D) the parties demand review.
Q5) What does Section 103 the Labor-Management Reporting and Disclosure Act deal with?
Q6) Discuss the socialist movement and its political influence.
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Chapter 13: The Unionization Process
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Q1) Economic strikes are strikes over economic issues, such as grievances or a new contract.
A)True
B)False
Q2) Section 9(b) of the NLRA provides that the definition of an appropriate bargaining unit is a matter left to the:
A) company management.
B) labor union organizations.
C) NLR board's discretion.
D) federal government.
Q3) Under the election bar rule, a written labor contract bars an election among the affected bargaining unit during the life of that bargaining agreement.
A)True
B)False
Q4) 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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Q1) List the various types of employer conduct considered illegal under section 8(a) of National Labor Relation Act.
Q2) An employer may place only "reasonable restrictions" on the soliciting activities of nonemployees.
A)True
B)False
Q3) Joint bargaining by employers prevents unions from engaging in whipsaw strikes. A)True
B)False
Q4) Which guidelines should be followed when employer conducts a poll of his employees?
Q5) When should an employer conduct a poll?
Q6) In Atlantic-Pacific Coast Inc.v.NLRB, employee collecting signatures of coworkers on a letter to management protesting the selection of a new supervisor was held to be engaged in:
A) negotiation tactics.
B) bargaining.
C) protected activity.
D) pressure tactics
Q7) What are antiunion remarks?
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Chapter 15: Collective Bargaining
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Q1) The matters which are not directly related to wages, hours, terms and conditions of the employment and not prohibited are called:
A) good faith bargaining.
B) permissive bargaining subjects.
C) duty of bargaining.
D) supplementary bargaining subjects.
Q2) Despite the union being certified as bargaining representative, the National Labor Relations Board (NLRB) does not require that the employer recognize and bargain with the union.
A)True
B)False
Q3) In _____, the Supreme Court held that an employer that pleads inability to pay in response to union demands in order to support his claim must provide some financial information.
A) NLRB v.Plymouth Stamping Division, Eltec Corp.
B) NLRB v.Truitt Mfg
C) Nurse Services of Western Massachusetts, Inc.v.NLRB
D) H.K.Porter Co.v.NLRB
Q4) Briefly describe permissive bargaining subjects.
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Chapter 16: Picketing and Strikes
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Q1) In Smitley v.NLRB, after the NLRB dismissed a complaint that the union had violated Section 8(b)(7)(C) of the National Labor Relation Act, the company sought judicial review of the Board's decision.The court of appeals held that Section 8(b)(7) did not intend to prohibit all picketing having the named "object" of:
A) consumer picketing.
B) recognitional or organizational picketing.
C) labor picketing.
D) product picketing.
Q2) If the labor unions of a soft drinks company are picketing in front of the wholesaler, instead of picketing on the company's premises, then under the NLRA,:
A) such secondary picketing shall be prohibited.
B) such picketing shall be considered permitted.
C) it will be considered as break of a picketing line.
D) it shall be considered a consumer picketing.
Q3) Briefly discuss state regulation(s) on picketing.
Q4) What is primary picketing?
Q5) What is common situs picketing?
Q6) What does Section 8(b)(4) of the National Labor Relations Act deal with?
Q7) Briefly discuss picketing under the National Labor Relations Act.
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) What happens to the financial obligations of a corporation when it files a petition for the protection of the bankruptcy laws?
Q2) Under which Section of the National Labor Relations Act are an employer and the union labor allowed to institute a suit for contractual violations?
Q3) The Efficient Motor Company terminated 15 employees without giving any prior notice, breaching a contract with the union stating that a notice period of 30 days be given prior to termination.In this case, the labor union can institute a suit under Section 301 of the NLRA against the employer before the:
A) Equal Employment Opportunity Commission.
B) federal and state courts.
C) International Court of Justice.
D) National Labor Relation Board.
Q4) The neutral adjudicator for an arbitration proceeding shall be appointed by the federal judge.
A)True
B)False
Q5) How can an employer recover damages for breach of no strike clause even if injunction is not issued?
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Chapter 18: The Rights of Union Members
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Q1) For an employee union, which of the following constitutes a breach of its duty of fair representation?
A) Refusal to arbitrate the employee's grievance
B) Trade-offs made in fashioning contract proposals
C) Negligence in conducting safety inspections
D) Failure to follow hiring hall rules
Q2) In Syres v.Oil Workers Local 23, the Supreme Court held that the duty of fair representation also extended to unions granted bargaining agent status under _____ of the National Labor Relation Act.
A) Section 9(a)
B) Section 8(a)(5)
C) Section 11(1)(c)
D) Section 7(a)
Q3) What remedies are provided under Section 8(b)(1)(A) of National Labor Relation Act?
Q4) Section 8(b)(1)(A) of the NLRA allows union actions that restrain, coerce, or interfere with employee rights under Section 7 of the NLRA.
A)True
B)False
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Page 20
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) The Federal Labor Relations Authority has broad authority for fashioning remedial orders for:
A) fair representations.
B) unfair labor practices.
C) strikes.
D) whistle blowing.
Q3) What do public sector labor relations statutes define?
Q4) The Civil Service Act of 1883, granted the sole authority to set wages, hours, and other terms and conditions of federal employment to the:
A) labor department.
B) Senate.
C) bargaining representative.
D) Congress.
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Chapter 20: Occupational Safety and Health
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Q1) The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause, serious injury or death.
A)True
B)False
Q2) In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of:
A) workplace safety.
B) medical benefits.
C) social security benefits.
D) tax exemptions.
Q3) In Tomick v.United Parcel Service, Inc. the plaintiff claimed he was fired based on: A) religion.
B) race.
C) disability.
D) national origin.
Q4) What are employers required to provide under the Occupational Safety and Health Act?
Q5) When should citation be an issue? Can the employer challenge a citation?
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Q1) Which of the following is not true of unemployment claims litigations?
A) Unemployment compensation litigation usually starts with a terminated worker's application for benefits.
B) The unemployment claim is usually evaluated in the first instance by an unemployment office or agency in the area where the worker resides.
C) Regardless of whether the decision is favorable or unfavorable, an appeal is not possible.
D) Unemployment benefits are paid for by a tax on the wages of the workers and an equal levy on the employer's total payroll.
Q2) Social Security is a state funded and administered program.
A)True
B)False
Q3) Under the social security system, a worker is considered disabled when a severe physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death.
A)True
B)False
Q4) Explain the concept of litigating unemployment claims.
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Chapter 22: The Fair Labor Standards Act
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Q1) Employees covered by the FLSA are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked:
A) outside the company precincts.
B) over an above five standard weekdays in a workweek.
C) in excess of forty hours per workweek.
D) beyond thirty hours per workweek.
Q2) Describe the coverage of the FLSA.
Q3) The Fair Labor Standards Act (FLSA) was first enacted in 1938 in order to deal with issues such as minimum wages, overtime entitlements, and even child labor.
A)True
B)False
Q4) Which of the following Acts is not aimed at restricting or regulating child labor?
A) The National Industrial Recovery Act
B) The Walsh-Healy Act
C) The Fair Labor Standards Act
D) Age Discrimination and Employment Act
Q5) Name three kinds of labor that have been found hazardous for minors by the Secretary of Labor.
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