1
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 employer may fire an
employee even if doing so would violate a federal or state statute.
B2. The key consideration in determining whether an employment manual creates
an implied contract is the employee’s reasonable expectations.
B3. The most common exception to the employment–at-will doctrine is made on the
basis that the employer’s reason for firing the employee violates fundamental
common sense.
B4. Children under fourteen years of age are not allowed to work.
2 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B5. An employer can voluntarily pay overtime to ineligible employees.
B6. Certain employers must provide advance notice of a layoff to the affected
workers or their representative (if the workers are members of a labor union).
B7. An employee may take up to twenty-six weeks of military caregiver leave within
a twelve-month period to care for a family member with a serious injury or
illness incurred as a result of military duty.
B8. Whenever a work-related injury or disease occurs, employers must make
reports directly to the Occupational Safety and Health Administration.
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.
B11. Like Social Security, Medicare is funded by contributions from the employer
and the employee.
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B12. Most employers with fifty or more employees are required to offer health–
insurance benefits.
B13. Employees of private (nongovernment) employers have some privacy
protection under 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. The government does not need a subpoena or a warrant to inspect an
employer’s file of I-9 forms.
B16. To gain authorization for hiring a foreign worker, an employer must show that
no U.S. Worker is qualified, willing, and able to take the job.
B17. It is not an unfair labor practice for an employer to contribute financial or other
support to a labor organization.
B18. For a union election to be held, at least 30 percent of the workers to be
represented must support a union or an election on unionization.
4 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B19. During collective bargaining, the employer and the union are obligated to reach
an agreement.
B20. Labor law regulates the circumstances and conduct of strikes.
MULTIPLE CHOICE QUESTIONS
B1. Febo is an employee of Guitar & Drum Company. Guitar & Drum’s employee
manual states that workers, such as Febo, 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. Vidal is an employee of Wild Thing Ranch. Vidal learns that Wild Thing is
illegally importing endangered animals to sell as pets. He reports his
employer’s illegal activities but is laid off shortly thereafter and successfully
sues Wild Thing for retaliatory discharge. 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. Flannery is seventeen years old. Under the Fair Labor Standards Act, she
cannot work
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a. during school hours.
b. in a hazardous job.
c. more than eighteen hours per week.
d. without a special permit.
B4. Curtis is an employee of Deepwater Drilling, Inc., covered by federal overtime
provisions, which apply only after an employee has worked more than
a. eight hours in a day.
b. forty hours in a week.
c. 160 hours in a month.
d. one year for the same employer.
B5. Mythic Games Company employs two hundred workers full-time. If Mythic
Games plans to have a mass layoff, it must provide its employees with notice
of at least
a. thirty days.
b. sixty days.
c. ninety days.
d. one year.
B6. Geno’s Italiano Ristorantes, Inc., employs three hundred workers at four loca-
tions in two states. Under federal law, Geno’s must provide each employee,
during any twelve-month period, family or medical leave of up to twelve
a. days.
b. weeks.
c. months.
d. years.
6 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B7. Livia takes temporary family leave from her job at Meatpackers Corporation to
care for a new baby. On Livia’s return from the leave, Meatpackers must
a. restore Livia to her original position.
b. reimburse Livia for her expenses while on leave.
c. promote Livia to the status of a key employee.
d. do nothing.
B8. Steel Production Industries, Inc., employs five hundred workers. For the
Occupational Safety and Health Administration, Steel Production must do all of
the following except
a. keep occupational injury and illness records for each employee.
b. report any work-related diseases.
c. report any employee death due to a work-related incident within eight
hours.
d. pay employees higher wages for working in more dangerous areas.
B9. Blayne is an employee of Chemical Refinery, Inc. Blayne is threatened with a
discharge when he refuses a transfer to a Chemical Refinery department in
which several employees suffered serious injuries from exposure to hazardous
chemicals. Blayne may be entitled to protection from discharge under
a. no law.
b. the Family and Medical Leave Act.
c. the Occupational Safety and Health Act.
d. the state workers’ compensation act.
B10. Seiko works for TallTales Publishing, Inc. The basis for Seiko’s contribution
under the Federal Insurance Contribution Act to help pay for benefits that will
partially make up for her loss of income on retirement is her
a. seniority at TallTales.
b. annual wage base.
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c. special job skills.
d. county of residence.
B11. Investment Sales Corporation wants to monitor its employees’ electronic com–
munications. Investment Sales’s best course of action to avoid liability under
laws related to employee monitoring is to notify
a. no one.
b. its employees.
c. its clients.
d. the public generally.
B12. Data & Data Accountants, a private employer, handles bookkeeping for small
employers. In most circumstances, with exceptions, federal law clearly prohibits
Data & Data from subjecting its employees to
a. job-skills tests.
b. monitoring of business communications.
c. drug tests.
d. lie-detector tests.
B13. Ripe Orchards, Inc., employs hundreds of seasonal and permanent workers,
both skilled and unskilled, in three states. Under federal immigration law, Ripe
Orchards 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.
8 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B14. Hu, Ivan, and Juana apply to work for King Poultry Company. These individuals’
identities and eligibility to work must be verified by
a. King Poultry.
b. Hu, Ivan, and Juana.
c. Hu, Ivan, and Juana’s countries of origin.
d. U.S. Citizenship and Immigration Services.
B15. Restocking Warehouse 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.
B16. Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen
of “extraordinary ability.” To hire Dhani, Cloud Computing 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.
B17. Food Packagers Union represents the workers of Garden Variety, Inc. The
company does not require its new hires to join the union as a prerequisite to
obtaining employment. Food Packagers would like Garden Variety to require
the workers to join after a specified amount of time on the job. This would
violate
a. federal labor law.
b. federal immigration law.
c. federal wage and hour laws.
d. no federal law.
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B18. During a union election campaign, Auto Body Paint & Repair, Inc., prohibits on–
site solicitations by any party, including Mechanics Union, which is seeking the
workers’ unionization. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
B19. Bank Professionals Union represents the workers of Commerce Bank. The
bank 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.
B20. Technicians Union represents the workers of Unix Toys. A strike by the union
will be legal if the strikers
a. form a picket line.
b. form a massed barrier and deny management and nonunion workers
access to Unix Toys’s plant.
c. stay in Unix Toys’s plant without working.
d. all of the choices.
ESSAY QUESTIONS
10 TEST BANK B—UNIT SEVEN: AGENCY AND EMPLOYMENT
B1. Francesca works for Glassworks Inc. Near her workstation is a conveyor belt
that runs into a large industrial oven. Some workers, including Harry,
Francesca’s supervisor, use the oven to heat food. One day, when the
conveyor is not moving, Francesca uses the oven to cook her lunch. As she
removes the food from the oven, the conveyor comes on and Francesca is
pulled partially into the oven and suffers serious burns. Francesca seeks
recovery under the state workers’ compensation law. Should she recover? Why
or why not?
B2. Some of the employees of Righteous Apps, Inc., decide that they want to be
represented by the Science Workers Union in bargaining with Righteous Apps
over overtime pay and the times that the offices open and close. Righteous
Apps, and some employees, including Truman, are against the union. Who can
demand that a union election be held? If the union is elected, does it have to
represent Truman? If the union is elected, does Righteous Apps have to
bargain over overtime pay and the times that the offices open and close?
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