Workplace Law Exam Review
Course Introduction
Workplace Law is a comprehensive course that examines the legal framework governing employment relationships and workplace conduct. Students will explore topics such as employment contracts, employee rights and obligations, anti-discrimination laws, occupational health and safety, wage and hour regulations, and dispute resolution mechanisms. The course also addresses contemporary legal issues in the workplace, such as privacy, workplace harassment, and the impact of technology on employment law. Through the analysis of legislation, case law, and real-world scenarios, students will gain practical insights into the rights and responsibilities of employers and employees, and learn how to navigate legal challenges commonly encountered in the modern workplace.
Recommended Textbook
Employment and Labor Law 8th Edition by
Patrick J. Cihon
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Chapter
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Q1) In the Alexander v.Gardner-Denver Company case,the Supreme Court established a critical distinction between:
A) unemployment compensation and disability compensation.
B) social security benefits and workers' compensation.
C) individual and collective employee rights.
D) collective and separate employee rights.
Answer: C
Q2) Butler was an employee at Auto,an automobile assembling plant.The plant hired a large number of male and female employees but provided deplorable working conditions including unhygienic restrooms and poor ventilation.Despite several complaints and requests,the plant manager did not make any changes.Butler decided to bring this to the attention of the local government authorities through an official complaint.In the above scenario,Butler's role can be described as:
A) willful misconduct.
B) insubordination.
C) whistleblowing.
D) contributory negligence.
Answer: C
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Chapter 2: Employment Contracts And Wrongful Discharge
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Q1) What is a contract? Explain the differences between express and implied contracts?
Answer: Contract is an agreement between two persons which is enforceable by law.The object must be legal in contract.
Express contract: A contract in which the terms are explicitly stated,usually in writing but perhaps only verbally,and often in great detail.In interpreting such a contract,the judge and/ or the jury is asked only to determine what the explicit terms are and to interpret them according to their plain meaning.
Implied contract: A contractual relationship,the terms and conditions of which must be inferred from the contracting parties' behavior toward one another.
Q2) What does Title VII of the NRLA deal with?
Answer: Title VII forbids discharge on the basis of race,color,gender,creed,or national origin.
Q3) Define dicta.
Answer: Opinions of a judge or appellate panel of judges that are tangential to the rule,holding,and decision which are at the core of the judicial pronouncement are known as dicta.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) Explain the differences between libel or slander that is per se or not per se.
Answer: The two torts may be further divided into the libel or slander that is per se and the libel or slander that is not per se.It is important in some cases because libel/slander per se requires no showing of specific damages for the plaintiff to recover a judgment,whereas libel/slander that is not per se demands such a showing from the injured party.
Q2) If a state recognizes tort of negligent infliction of emotional distress,how will the defendant of that state be liable for damages?
Answer: A defendant may be liable in damages for unreasonable behavior that results in severe emotional harm to the plaintiff,even though the defendant never meant to inflict any harm.
Q3) Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?
Answer: Courts have been concerned that in the absence of physical injury,plaintiffs can readily fake emotional distress and win undeserved verdicts,and,hence,have been reluctant to adopt this tort.
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Page 5
Chapter 4: Employee Privacy Rights In The 21st Century
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Q1) What tort is committed when the privacy rights of private employees disregarded?
Q2) 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.
Q3) Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing today.
Q4) Can employers mandate the policy of genetic testing?
Q5) Identify the entities covered under HIPPA.
Q6) Employers who are under the HIPAA umbrella are subject to the regulations of the Act and must certify in writing that they will comply with:
A) selected HIPAA regulations.
B) all HIPAA regulations.
C) amended HIPAA regulations.
D) HIPAA non disclosure policies.
Q7) What is a background screening policy?
Q8) 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) What are conventions?
Q2) What is the role of the convention of Civil Aspects of International Child Abduction?
Q3) In August 2005,at the Chicago convention,UNI announced that signing __________________ with targeted companies would be their focus in the future.In 2007,UNI expanded its attention to monitoring______________.
A) global agreements, private equity funds
B) domestic agreements, private equity funds
C) labor agreements, corporate investigations
D) union agreements, corporate investigations
Q4) In the context of international employment law,____________ are the uniform codes of procedure and standards of conduct that the ILO seeks to promulgate and enforce in order to establish international standards for the fair treatment of workers among all member nations of the United Nations.
A) torts
B) conventions
C) mores
D) remands
Q5) List the targets of the Union Network International (UNI).
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) 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.
Q2) In University and Community College System of Nevada v.Farmer,in order to remedy the racial imbalance,the University of Nevada instituted the:
A) minority bonus policy.
B) Wonderlic Personnel Test.
C) Bennett Comprehension Test.
D) Negative Role Model policy.
Q3) When an employee is treated differently from others due to race,color,religion,gender,or national origin it amounts to:
A) four-fifths treatment rule.
B) seniority.
C) disparate impact.
D) disparate treatment.
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Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) When should an employee give notice for leave under FMLA?
Q2) Identify the case in which the Supreme Court held that the organization's refusal to cover pregnancy or related conditions under its sick-pay plan,in spite of having male-specific disabilities such as vasectomies covered,did not violate Title VII?
A) Newport News Shipbuilding and Dry Dock Co.v.EEOC.
B) Goss v.Exxon Office Systems Co.
C) General Electric v.Gilbert.
D) U.A.W.v.Johnson Controls, Inc.
Q3) Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care.The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay.She later filed a suit against her employer alleging violation of Title VII.Under the assumption that Olivia is a productive employee,the court most likely held that:
A) the employer did not violate Title VII.
B) Olivia is entitled for leave under FMLA.
C) Olivia was not entitled to the leave.
D) Olivia violated Title VII by filing suit against employer.
Q4) What is the provision relating to pregnant women working in hazardous condition?
Q5) Define the Bennett Amendment.
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Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) What are the remedies provided under Title VII?
Q2) Title VII was amended in 1972 to cover:
A) judicial organizations.
B) federal employers.
C) employees of the state and federal employers.
D) employees of state and local employers.
Q3) Mixed-motive discrimination claims fall under section:
A) 703(n) of Title VII.
B) 703(c) of Title VII.
C) 703(m) of Title VII.
D) 703(a) of Title VII.
Q4) What are the two methods for a defendant to respond when a prima-facie case of disparate treatment has been established?
Q5) 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.
Q6) What is the Lilly Ledbetter Fair Pay Act of 2009?
Q7) Write down the provision of section 703(g) of Title VII. Page 10
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Chapter 9: Discrimination Based on Age
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Q1) Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age.He filed suit under the Age Discrimination in Employment Act.After his removal,the employer provided evidence that proved Eddy had accessed and copied confidential documents prior to his discharge,and that the tampering of documents could preclude the right of the plaintiff to sue under the Age Discrimination in Employment Act.The court would most likely state that:
A) after acquired documents have no significance in this kind of case.
B) the employer violated the Age Discrimination in Employment Act and the plaintiff is not guilty of tampering with documents.
C) the case was in favor of the employer and precluded the rights of plaintiff to sue against employer.
D) the after-acquired evidence does not preclude the plaintiff's suit but rather goes to the issue of what remedies are available.
Q2) What are the procedures to file complaint for alleged violation under Age Discrimination in Employment Act?
Q3) What is the procedure by which a federal employee can file the complaint of alleged violation under ADEA?
Q4) What is bona fide seniority or benefit plan? What is its significance?
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Page 12
Chapter 10: Discrimination Based On Disability
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Q1) 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.
Q2) What does Section 501 of the Rehabilitation Act deal with?
Q3) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q4) Define "undue hardship".
Q5) The________________ applies to both private and public sector employers with fifteen or more employees,but does not apply to most federal government employers,American Indian tribes,or bona fide private membership clubs.
A) National Labor Relation Act
B) Americans with Disabilities Act
C) Occupational Safety and Health Act
D) Equal Pay Act
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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) Persons who are affected by alleged violations of the USERRA must file written complaints with the:
A) National Labor Relations Board.
B) Equal Employment Opportunity Commission.
C) National Federation of Labor Union.
D) federal Secretary of Labor.
Page 14
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Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) Section 2(3) of the NLRA,in its definition of "employee" expressly excludes:
A) factory workers.
B) supervisors.
C) federal employees.
D) labor unions.
Q2) 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
Q3) In the late 1880s,the development of all of the following provided powerful weapons for use against the activities of organized labor except:
A) ex parte proceedings.
B) yellow-dog contracts.
C) labor injunction.
D) antitrust laws.
Q4) What are the types of legal issues the NLRB handles?
Q5) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
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Chapter 13: The Unionization Process
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Q1) Explain the second exception under contract bar rule.
Q2) The conditions under which a representative election is held where the NLRB tries to ensure that neither the employer nor the union unduly affects the employees' free choice,is called:
A) laboratory conditions.
B) ex parte agreements.
C) bilateral conditions.
D) employee free choice conditions.
Q3) Where a company employs temporary workers supplied by a personnel staffing agency in addition to its own employees,the NLRB will only include the temporary workers in a bargaining unit with the firm's employees if both the employer and the staffing agency agree to the multiemployer bargaining unit,according to:
A) Packard Motor Car v.NLRB.
B) Oakwood Care Center.
C) American Hospital Association v.NLRB.
D) Bro-Tech Corp.v.NLRB.
Q4) When should an employer file the election eligibility list in the regional office?
Q5) Explain the two exceptions of contract bar rule.
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) If the restrictive work rule of employer restricts action under Section 7,it is a violation of:
A) Section 6(a) (1).
B) Section 6(c).
C) Section 9.
D) Section 8(a) (1).
Q2) Apart from whipsaw strikes,what are the other reasons for engaging in multiemployer bargaining with union?
Q3) In NLRB v.Transportation Management Corp.,discharging Santillo was an unlawful labor practice because the employer had:
A) applied the Wright line test.
B) no knowledge of rules.
C) a grudge against him.
D) an anti union animus.
Q4) What are the remedies for violation of Section 8(a) (2) of NLRA?
Q5) Which section of National Labor Relation Act speaks about union coercion of employees and employers?
Q6) Which guidelines should be followed when employer conducts a poll of his employees?
Page 17
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Chapter 15: Collective Bargaining
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Q1) In Visiting Nurse Services of Western Massachusetts,Inc.v.NLRB,the union filed unfair labor practice charges with the NLRB,claiming that VNS had violated Section 8(a)(1) and (5) of the NLRA by unilaterally implementing:
A) prohibition on bargaining subjects.
B) yellow-dog contracts.
C) mandatory bargaining subjects.
D) bargaining unit agreements.
Q2) Explain plant closing legislation.
Q3) When an impasse results from a party's rigid insistence upon a particular proposal that relates to ? wages,hours,or terms and conditions of employment,then it is not a violation of:
A) good faith.
B) Civil Rights Act.
C) take-it-or-leave-it bargaining.
D) duty to bargain.
Q4) What is meant by "failing firm exception"?
Q5) What are the procedural requirements under Section 8(d) of the National Labor Relations Act?
Q6) Define mass layoffs.
Page 18
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Chapter 16: Picketing And Strikes
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Q1) The second proviso to _____ allows the union to use publicity other than picketing,for the ? purpose of truthfully advising the public that the secondary employer is handling the product ? of the primary employer.
A) Section 7(a)(1)
B) Section 8(b)(4)
C) Section 9(c)(1)
D) Section 8(a)(5)
Q2) 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
Q3) Briefly discuss picketing under the National Labor Relations Act.
Q4) When was the Norris-La Guardia Act passed and what are its provisions relating to strike?
Q5) What is a strike?
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) The dispute regarding payment of wages between the West Coastal Company and its union was referred to a neutral arbitrator.The arbitration created a new agreement stating the terms and conditions of payment of wages.This is an example of a(n) _____ arbitration.
A) persuasive
B) interest
C) mandatory
D) rights
Q2) Describe the limitation to allowing damage suits for breach of no-strike clauses.
Q3) In early 2012,the Acting General Counsel of the NLRB recently announced a significant change to the NLRB deferral policy.Under this doctrine,so long as an alleged violation of the Act is covered by the parties' grievance-arbitration agreement,the Board will _________ a meritorious unfair labor practice charge to the parties' contractual grievance-arbitration procedure if certain conditions are met.
A) defer
B) dismiss
C) strike
D) amend
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Chapter 18: The Rights Of Union Members
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Q1) In International Brotherhood of Teamsters,Local 776,AFL-CIO (Carolina Freight Carriers Corporation),Carolina hired Timothy Blosser as a casual dock laborer.The union sent Blosser a registered letter outlining what it asserted was his union membership and financial obligations.The letter stated that failure to join the union on the fixed date would lead to non-eligibility to work.Blosser believed the union's demand was a violation of:
A) contractual obligation.
B) fair labor practice.
C) the duty of fair representation.
D) the collective agreement.
Q2) What is a union shop?
Q3) 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)
Q4) Describe the duties of union officers.
Q5) How is the duty of fair representation enforced?
Page 21
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Chapter 19: Public Sector Labor Relations
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Q1) The employees of the U.S._____ are not subject to the Federal Service Labor-Management Relations Act (FSLMRA).
A) Transport Services
B) Judicial Service
C) Military Service
D) Postal Service
Q2) The Federal Service Labor-Management Relations Act provides that union dues may be deducted from an employee's pay only if authorized by the:
A) company.
B) employee.
C) NLRA.
D) arbitrator.
Q3) The decisions of Federal Labor Relations Authority are subject to judicial review by:
A) the federal courts of appeals.
B) federal district courts.
C) the NLRB.
D) the Employment Relations Commission.
Q4) What is the duty of the Merit System Protection Board (MSPB)?
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Chapter 20: Occupational Safety And Health
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Q1) The Occupational Safety and Health Act does not apply to the federal and state governments in their capacity as employers,nor does it apply to domestic servants or:
A) supervisors.
B) self-employed persons.
C) negotiators.
D) arbitrators.
Q2) In Marshall v.Barlow's Inc.,the Supreme Court held that an employer subject to an OSHA inspection may insist upon a(n):
A) search warrant.
B) injunction.
C) court order.
D) indictment document.
Q3) The Occupational Safety and Health Review Commission is a(n) _____ created to adjudicate contested enforcement actions of OSHA.
A) quasi-judicial agency
B) administrative body
C) judicial body
D) temporary agency
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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) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
Q2) Explain the concept of a fiduciary.
Q3) For a person to be "fully insured" by social security,he or she must accrue a minimum of _____ quarters of contributions.
A) twenty
B) forty
C) fifty
D) thirty-five
Q4) Which of the following is not true of the Employee Retirement Income Security Act (ERISA)?
A) It sets standards of conduct and responsibility upon pension fund fiduciaries.
B) It applies to plans maintained solely for the purpose of complying with state workers' ? compensation.
C) It requires pension plan administrators to disclose relevant financial information to employees and the government.
D) It provides legal remedies to employees and their beneficiaries in the event of violations.
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Chapter 22: The fair labor standards act
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Q1) The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act ? to:
A) other federal employees of including hospitals and educational institutions.
B) independent contractors to the state government.
C) employees of the Senate.
D) employees engaged in interstate commerce.
Q2) In Christensen v.Harris County,Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued compensatory time.Employees of the Harris County Sheriff's Department sued the County claiming that such policy is prohibited under the FLSA.In its judgment,the Supreme Court:
A) ordered Harris County department officials to pay damages to the plaintiffs.
B) held that the FLSA prohibition does not apply to law enforcement agencies.
C) held that no statutory provision prohibits Harris County from pursuing its policy.
D) felt that the employer violated the provisions of the FLSA.
Q3) Does the Fair Labor Standards Act (FLSA) prohibit all child labor?
Q4) Name three kinds of labor that have been found hazardous for minors by the Secretary of Labor.
Q5) What is willful violation?
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