421
Chapter 34
Employment, Immigration,
and Labor Law
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
B1. Generally, under employment-at-will doctrine, an employee may quit a job at any
time for any reason.
B2. The key consideration in determining whether an employment manual creates an
implied contract is the reasonable expectation of the employer.
B3. Whenever an employer discharges an employee in violation of an employment
contract, the employee may bring an action for whistleblowing.
B4. Working times and hours are not restricted for persons between the ages of sixteen
and eighteen.
422 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B5. Certain employees are exempt from federal overtime provisions.
B6. A large business must provide notice before closing a plant that employs a certain
number of workers.
B7. Certain employers must provide their employees with up to fifteen weeks of unpaid
family or medical leave during any fifteen-month period.
B8. An employer generally is required to notify an employee when an absence will be
counted as family or medical leave under federal law.
B9. To recover workers’ compensation, an employee must prove that an injury did not
occur on the job or in the course of employment.
B10. Vesting gives an employee a legal right to receive pension benefits at some future
date when he or she stops working.
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B11. All employers are required to provide health insurance for their employees.
B12. If employees are not informed that certain communications are being monitored, the
employer may be held liable for invading their privacy.
B13. The privacy rights and drug testing of private-sector employees are governed by the
U.S. Constitution.
B14. If an employee presents false documentation of eligibility to work in the United
States, his or her employer is subject to deportation.
B15. Businesses can hire foreign workers with special qualifications when there are not
enough qualified workers available in the United States.
B16. The government needs a subpoena or a warrant to inspect an employer’s file of I–9
forms.
B17. It is an unfair labor practice to refuse to bargain collectively with an elected employee
representative.
B18. Forming a union requires the support from a majority of the employees in a defined
bargaining unit.
424 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B19. An employer may limit the campaign activities of union supporters during a union
election campaign.
B20. An employer has a right to hire permanent replacements during a strike.
MULTIPLE CHOICE QUESTIONS
B1. Thalia is an employee of Universal Insurance Company. Universal’s employee manual
states that workers will be dismissed only for good cause. With respect to the
employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
B2. Lena offers Miguel a job, representing falsely that it will be long term. In reliance,
Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for
fraud. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
B3. Ethan is seventeen years old. Under the Fair Labor Standards Act, Ethan cannot work
a. during school hours.
b. in a hazardous job.
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c. more than eighteen hours per week.
d. without a special permit.
B4. Ilsa works as a clerk for Java Café at minimum wage. The minimum-wage rate is
revised
a. annually, according to the rate of inflation.
b. every seven years, according to changes in the cost of living.
c. periodically by Congress.
d. whenever the president issues an executive order to revise the rate.
B5. Backwater Heavy Equipment Corporation currently employs three hundred full-time
workers. Because business has declined, Backwater plans to lay off one hundred
workers. If Backwater does not send advance notice of the layoff to the appropriate
parties, the employer may be subject to
a. fines, employee back-pay awards, attorneys’ fees, and more.
b. a cease-and-desist order or other injunction but no economic liability.
c. imprisonment but no injunctive or economic sanction.
d. no sanctions.
426 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B6. Cupcake Creations, Inc., employs one hundred workers at three locations in two
states. Under federal law, Cupcake must provide its employees, during any twelve–
month period, family or medical leave of up to
a. twelve days.
b. twelve weeks.
c. twelve months.
d. twelve years.
B7. Hauser takes temporary family leave from his job at Gelato Confectionary Corporation
to care for a new baby. On Hauser’s return from the leave, Gelato must
a. restore Hauser to his original position.
b. reimburse Hauser for his expenses while on leave.
c. promote Hauser to the status of a key employee.
d. do nothing.
B8. Pam is an administrative employee of Quality Assurance Company. Contributions to
help pay for Social Security benefits that will partially make up for Pam’s loss of
income on retirement are required to be made by
a. not Pam nor Quality Assurance.
b. Pam and Quality Assurance.
c. Pam only.
d. Quality Assurance only.
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B9. Hoppy, who works as an employee for Integrated Systems Corporation, suffers an
injury in an accident. Hoppy will be compensated under state workers’ compensation
laws
a. only if the injury occurred during working hours.
b. only if the injury occurred off the job.
c. only if the injury occurred on the job.
d. whenever and wherever the injury occurred.
B10. Community Recycling, Inc., plans to lay off fifty of its five hundred workers, including
Bev. Bev has a right to continued health-care coverage under Community’s group plan
unless
a. Community changes its insurer.
b. Community completely cancels its plan.
c. Bev files a suit against Community for wrongful discharge.
d. Community decides not to pay Bev’s premium.
B11. Chemco Sales, Corporation wants to monitor its employees’ electronic com–
munications. To avoid liability under laws related to employee monitoring, Chemco
should notify
a. no one.
b. the employees.
c. the government.
d. the public generally.
428 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B12. Petro Oil Company wants to conduct genetic testing of its workers to identify those
who might develop significant health problems in the future. Under federal law, Petro
may use genetic information to
a. make decisions about hiring or firing.
b. make decision about job placement or promotion.
c. deny group health-care coverage or charge a higher premium.
d. none of the choices.
B13. Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both
skilled and unskilled, in seven states. Under federal immigration law, Fruits &
Vegetables can hire illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
B14. Seafood Canning Corporation keeps a file of I-9 verifications forms. To inspect this file,
the appropriate government officer must obtain
a. a subpoena and a warrant.
b. a subpoena or a warrant.
c. a special executive order.
d. none of the choices.
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B15. Socrates Software Corporation wants to hire Tomas, a noncitizen of “extraordinary
ability.” To hire Tomas, Socrates must petition
a. U.S. Citizenship and Immigration Services.
b. the Social Security Administration.
c. U.S. Immigration and Customs Enforcement.
d. the National Labor Relations Board.
B16. Doctors Hospital Corporation employs seven thousand workers in seven locations.
These employees have the right to
a. demand that Doctors Hospital Corporation be a closed shop.
b. make “hot–cargo” agreements.
c. organize.
d. refuse to bargain with Doctors Hospital Corporation.
B17. During a union election campaign, Sapphire Blue Finance Company prohibits on-site,
work-hour solicitations by Credit Workers Union, which is seeking the workers’
unionization, while permitting charities to solicit the same workers on-site and during
work hours. This violates
a. federal labor law.
b. federal election law.
c. federal solicitation law.
d. no federal law.
430 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B18. Pip, a clerk for a Quik Burger, Inc., restaurant goes out on strike with the other
employees. After the strike, Pip must be given his job back if the strike is not deemed
unlawful, there is still work at the restaurant, and the strike was
a. an economic strike only.
b. an economic strike or an unfair labor practice strike.
c. an unfair labor practice strike only.
d. unlawful.
B19. Musicians & Performers Union represents the employees of Poignant Legerdemain,
Inc. During negotiations over conditions of employment, each side rejects the other’s
proposal without offering a counterproposal. This indicates
a. bad faith.
b. good faith.
c. each party’s attempt to obtain concessions on other subjects.
d. reasonable efforts to come to an agreement.
B20. Finance Professionals Union represents the workers of Business & Commerce Banking
Corporation. The management of the firm refuses to bargain with the union over the
economic consequences to the employees of management’s decision to shut down
some facilities. This most likely violates
a. federal labor law.
b. state right-to-work laws.
c. federal wage-and-hour laws.
d. no federal or state law.
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ESSAY QUESTIONS
B1. Elin works for Form Molding Company. Near her workstation is a conveyor belt that
runs through a large industrial oven. Some workers, including Greg, Elin’s supervisor,
use the oven to heat food. Thirty-inch-high flasks containing molds are fixed at regular
intervals on the conveyor and transported into the oven. Elin walks between the flasks
to get to her workstation. One day, when the conveyor is not moving, Elin uses the
oven to cook a frozen potpie. As she removes the pie from the oven, the conveyor
comes on. One of the flasks strikes Elin, seriously injuring her. Elin seeks recovery
under the state workers’ compensation law. Should she recover? Why or why not?
B2. Some of the employees of Relay Computers, Inc., decide that they want to be
represented by the Science Workers Union in bargaining with Relay over overtime pay
and the times that the plant opens and closes. Relay, and some employees, including
Tracy, are against the union. Who can demand that a union election be held? If the
union is elected, does it have to represent Tracy? If the union is elected, does Relay
have to bargain over overtime pay and the times that the plant opens and closes?