BLTS-10e Practice Quiz

Chapter 24:

Employment, Immigration, and Labor Law

1. The term "employment at will" means that:

a.  Either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract.

b.  The employer must hire when the will of the employee coincides with the will of the employer.

c.  The employee may quit his or her job only for cause, and only after consulting with the employer.

d.  The employer may not fire an employee except for cause, and only after a formal review process.

ANS:

a.  Correct. This is the legal doctrine of employment at will.

b.  Incorrect. Employment at will does not mean this kind of a restriction on hiring.

c.  Incorrect. Employment at will definitely does not mean you may quit only for cause.

d.  Incorrect. Employment at will does not mean you may fire only for cause and after a review.

2. The Fair Labor Standards Act (FLSA) did not do which of the following?

a.  Require overtime payment after an employee works forty hours in one week.

b.  Prohibit oppressive child labor.

c.  Restrict the power of federal courts to issue injunctions against unions.

d.  Extend minimum-wage rules to employees in covered industries.

ANS:

a.  Incorrect. This is one of the provisions of the act.

b.  Incorrect. This is one of the provisions of the act.

c.  Correct. This is not a part of the Fair Labor Standards Act.

d.  Incorrect. This is one of the provisions of the Act.

3. Under the NLRA, unfair employer practices are prohibited. Which of the following is not an unfair employer practice?

a.  A refusal to bargain collectively with the duly designated representative of the employees.

b.  Discrimination based on race, religion, or national origin.

c.  Interference with employee efforts to unionize.

d.  Employer domination of a labor organization.

ANS:

a.  Incorrect. This is an unfair labor practice.

b.  Correct. This is not an unfair labor practice under the NLRA.

c.  Incorrect. This is an unfair labor practice.

d.  Incorrect. This is an unfair labor practice.

4. The Labor-Management Reporting and Disclosure Act creates reporting requirements for which group or which set of activities?

a.  Corporate executives.

b.  Union activities.

c.  Clerical workers.

d.  Right-to-work lobbyists.

ANS:

a.  Incorrect. This act does not create reporting requirements for this group.

b.  Correct. The act requires unions to report on their activities to members.

c.  Incorrect. The act does not create reporting requirements for clerical workers.

d.  Incorrect. This act does not require right-to-work lobbyists to report on their activities.

5. The central right of a union is:

a.  The right to a monopolistic wage rate.

b.  The right to engage in group boycotts.

c.  The right to engage in collective bargaining.

d.  The right to harass of management.

ANS:

a.  Incorrect. This is not considered a right of a union.

b.  Incorrect. Unions may not engage in group boycotts.

c.  Correct. The right to negotiate, as a group, with management over the terms and conditions of employment, is the central right of a union.

d.  Incorrect. Although management may feel harassed by a union, this is not a central right of a union.

6. In order to comply with current immigration laws, employers must verify a new hire’s right to work through completion of

a. A W-2 income tax form.

b. An I-9 Employment Eligibility Form.

c. A Social Security Number Application Form.

d. A written job application form.

ANS:

a. Incorrect. To comply with current immigration laws, employers must verify a new hire’s right to work through completion of an I-9 Employment Eligibility Form. The completion of a W-2 income tax form is insufficient to verify eligibility to work in the United States

b. Correct. To comply with current immigration laws, employers must verify a new hire’s right to work through completion of an I-9 Employment Eligibility Form.

c. Incorrect. A Social Security Number is insufficient proof of an employee’s eligibility to work in the United States. In order to comply with current immigration laws, employers must verify a new hire’s right to work through completion of an I-9 Employment Eligibility Form

d. Incorrect. Statements set forth in a written job application are insufficient proof of an employee’s eligibility to work in the United States. To comply with current immigration laws, employers must verify a new hire’s right to work through completion of an I-9 Employment Eligibility Form.

7. An employee’s Social Security contributions under the Federal Insurance Contributions Act (FICA):

a.  Are equal in amount to what the employer pays.

b.  Are one-fourth that of what the employer pays.

c.  Are one-half that of what the employer pays.

d.  Are twice that of what the employer pays.

ANS:

a.  Correct. Employers and employees contribute equal amounts to Social Security under the FICA.

b.  Incorrect. Employers and employees contribute equal amounts to Social Security under the FICA.

c.  Incorrect. Employers and employees contribute equal amounts to Social Security under the FICA.

d.  Incorrect. Employers and employees contribute equal amounts to Social Security under the FICA.

8. Which federal law provides workers who have been terminated with continued access to health insurance?

a.  COBRA.

b.  FMLA.

c.  ERISA.

d.  IRCA.

ANS:

a.  Correct. COBRA allows terminated employees to have continued access to health insurance for a specified period of time.

b.  Incorrect. This is the Family and Medical Leave Act.

c.  Incorrect. This act deals with employee pensions.

d.  Incorrect. This act deals with foreign workers.

9. The Family and Medical Leave Act of 1993 requires employers who have fifty or more employees to provide employees with:

a.  Up to five weeks of unpaid family or medical leave during any twelve-month period.

b.  Up to ten weeks of unpaid family or medical leave during any twelve-month period.

c.  Up to twelve weeks of unpaid family or medical leave during any twelve-month period.

d.  Up to twenty-four weeks of unpaid family or medical leave during any twelve-month period.

ANS:

a.  Incorrect. The act requires employers to provide up to twelve weeks of unpaid family or medical leave during any twelve-month period.

b.  Incorrect. The act requires employers to provide up to twelve weeks of unpaid family or medical leave during any twelve-month period.

c.  Correct. The act requires employers to provide up to twelve weeks of unpaid family or medical leave during any twelve-month period.

d.  Incorrect. The act requires employers to provide up to twelve weeks of unpaid family or medical leave during any twelve-month period.

10. In cases brought by employees alleging that their privacy has been invaded by e-mail monitoring:

a.  The courts have tended to hold for the employees.

b.  The courts have tended to hold for the employers.

c.  The courts have tended to hold for the employers but only if the employees were informed of the monitoring.

d.  The United States Supreme Court has ruled that the employees’ right to privacy has been violated.

ANS:

a.  Incorrect. The courts have tended to hold for the employers.

b.  Correct. The courts generally reasoned that because the employer provides the e-mail system for the employees on-the-job use, employees should have no expectation of privacy when using the system.

c.  Incorrect. The courts have tended to hold for the employers even when employees were not informed that their e-mail would be monitored.

d.  Incorrect. The United States Supreme Court has not yet reviewed a decision regarding employee privacy rights with respect to e-mail systems.