Sid’s Sub Shop hired Ted

True/False Questions

1. Sid’s Sub Shop hired Ted to manage the shop from January 1, 2007 to December 31, 2007. This is an employment at will contract.
2. An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act.
3. The good cause exception to employment at will arises during the course of a worker’s employment based on the way the employer evaluates rewards and disciplines the employee.
4. To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must be tied to a constitutional, statutory or administrative law.
5. An employer who fires an, at will employee in a public and humiliating manner may be liable to the employee for intentional infliction of emotional distress.
6. Employees who are covered by the Fair Labor Standards Act must receive treble their hourly salary for each hour of overtime they work.
7. ERISA requires that all employers with more than 15 employees provide health insurance for the employees.
8. The Family and Medical Leave Act requires, that employees who are out of work for a “serious health condition” be paid for the time they are out of work.
9. To collect state unemployment insurance, a worker must be actively seeking a replacement job that is appropriate for someone with his skills, education and work history.
10. Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment.
11. To collect workers compensation an employee’s injury must have occurred in the workplace or in a work-related situation.
12. The Fair Labor Standards Act makes it illegal for employers to require that employees undergo mandatory alcohol and drug testing.
13. “Union shops” are illegal under the Taft-Hartley Act.
14. Under Section 7 of the National Labor Relations Act, workers who are members of a union retain the right to negotiate individual employment contracts with their employers.
15. When workers strike for higher wages, management may hire replacement workers and refuse to rehire the striking workers when the strike is over.

Multiple Choice Questions

1. Which federal statute regulates minimum wages, overtime and the employment of minors?
   1. Employee Retirement Income Security Act
   2. The National Labor Relations Act
   3. The Fair Labor Standards Act
   4. The Taft-Hartley Act

1. Which federal statute sets standards for employee pension and benefits plans?
   1. The Fair Labor Standards Act
   2. The Employee Retirement Income Security Act
   3. The National Labor Relations Act
   4. The Landrum-Griffin Act

1. Which federal statute requires that employers provide safe working conditions for their employees?
   1. The Landrum-Griffin Act
   2. The Taft-Hartley Act
   3. The Corporate Insurance Compensation Act
   4. The Occupational Safety and Health Act

1. The principal federal law regulating union-management relations is the
   1. Fair Labor Practices Act
   2. The National Labor Relations Act
   3. The Benson-Morley Act
   4. The Sarbanes-Oxley Act

1. Doctors, lawyers, executives and others who are not covered by laws regulating overtime pay are classified as ________employees.
   1. Vital
   2. Exempt
   3. Statutory
   4. Goodwill

1. Which of the following statements about employer-funded pension and health benefit plans is true?
   1. Employers are required by federal law to provide health insurance for their employees
   2. Employers are required by federal law to provide pension plans for their employees.
   3. Employer pension plans are subject to numerous federal reporting and disclosure laws.
   4. Both a and b
   5. Both a and c

1. Only employers who have ________or more employees are subject to the Family and Medical Leave Act.
   1. 50
   2. 75
   3. 100
   4. 300

1. The Family and Medical Leave Act requires that
   1. Employees receive their normal pay when on medical leave.
   2. Employees are entitled to 12 weeks of medical leave during a 12 month period
   3. Employees must have worked for an employer for a minimum of 36 months to qualify for medical leave
   4. What constitutes a “serious medical condition” is decided by the employee.

1. Which of the following statements about unemployment compensation insurance is true?
   1. The program is funded and administered by the individual states.
   2. The program is a provision of the Family and Medical Leave Act
   3. The program is a provision of the National Labor Practices Act
   4. The program is a provision of the Occupational Safety and Health Act

1. What must a worker do to be eligible for unemployment compensation?
   1. S(he) must have been employed for a specified period of time.
   2. S(he) must be actively looking for another job
   3. S(he) must not have been fired for egregious behavior in the workplace
   4. All of the above are requirement for eligibility.

1. John, who is employed by a private business, was injured on the job. How will OSHA learn of the job safety violation that caused his injury?
   1. John may report his injury directly to OSHA
   2. John’s employer must report his injury to OSHA
   3. OSHA may conduct an inspection of John’s worksite.
   4. Both a and b
   5. a and b and c

1. The clause in OSHA that details the requirements that different kinds of equipment, such as scaffolding, must meet in various occupations is the _______________clause.
   1. Employee benefit
   2. Exculpatory
   3. General duty
   4. Specific duty

1. Workers compensation laws benefit employers because
   1. Employers can choose to opt in or to opt out of the program
   2. The insurance premiums that employers pay are very low
   3. Employees cannot sue their employers for negligence even if the employer’s negligence caused the injuries.
   4. Employees cannot sue the employer for intentionally causing the workplace injuries

1. Under the National Labor Relations Act, businesses may not
   1. Prevent workers from forming a union
   2. Discriminate against workers for joining a union
   3. Lay off workers in business downturns without the approval of 2/3 of the workers in a shop vote.
   4. Both a and b
   5. a and b and c

1. To collect workers compensation, an employee must
   1. Suffer an injury that arose out of his employment
   2. Be included in the category of workers entitled to workers compensation
   3. Not be out of work for more than 10 days.
   4. Both a and b
   5. a and b and c

1. Which of the following activities is permitted by the Taft-Hartley Act?
   1. A business may require that a worker be a member of a union as a condition for being hired.
   2. A business may require that a worker join a union after he has worked for a certain period of time.
   3. Unions may organize secondary boycotts to protest the employment practices of other employers.
   4. Unions may veto management lay offs of workers during slow business periods.

1. State “right to work” laws are designed to
   1. Allow workers to opt out of overtime pay protections
   2. Allow workers to sue for invasion of privacy when their employers monitor their private electronic communications.
   3. Forbid employers from requiring alcohol and drug testing as a condition of employment
   4. Forbid employers from requiring that workers be members of a union as a condition of employment.

1. Which of the following category of worker is notcovered by the National Labor Relations Act?
   1. Employees of the federal government
   2. Employees of state governments
   3. Independent contractors
   4. None of the above is covered by the National Labor Relations Act

1. When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a
   1. Strike
   2. Lock out
   3. Job action
   4. Boycott

1. Before a binding vote is held in which workers choose to unionize or not unionize, enough workers must sign authorization cards indicating that they are interested in joining the union. The percentage of the work unit who must sign these cards is
   1. 10%
   2. 30%
   3. 50%
   4. 80%

1. The final vote in which workers decide whether or not to unionize must be conducted without undue influence from either union or management. The term for these voting conditions is __________________conditions.
   1. Neutral
   2. Equitable
   3. Laboratory
   4. Transparent

1. An employer whose termination of an at-will employee violates a public policy is liable to the employee for
   1. Unpaid back pay and benefits
   2. Punitive damages
   3. Damages for pain and suffering
   4. All of the above

1. Employees who are hired under an at-will employment contract still may not be terminated if
   1. The employer created a work environment that led to the creation of a “good cause” exception.
   2. The termination violates a public policy
   3. The employee is being dismissed for whistle blowing
   4. All of the above negate an employer’s right to terminate an at-will employee.

1. Employers who dismiss an employee in a public and demeaning way may be liable to the employee in tort for
   1. Invasion of privacy
   2. Intentional infliction of emotional distress
   3. Wrongful interference with a contractual relationship.
   4. Both a and b
   5. a and b and c

1. An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a(n)_______.
   1. Boycott
   2. Job action
   3. Lockout
   4. Strike