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Exam 42: Employment and Labor Law

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Question 41

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[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims. -Is Eugene likely entitled to receive workers' compensation for his back injury?

A) Yes, because all employees are entitled to workers' compensation for all injuries.
B) Yes, because under the premises rule, Eugene was on company property at the time of the injury.
C) No, because under the premises rule, Eugene is not entitled to workers' compensation
D) No, because Eugene was not on the job when the injury occurred.
E) No, because Eugene was at fault for forgetting his laptop at work.

F) A) and B)
G) A) and C)

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Question 42

Multiple Choice

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[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair. -Brock is an outside salesperson for SportsWear, Inc. Because of a recent company reorganization, Brock was given several extra accounts and he's now working sixty hours per week. Brock's supervisor told him the extra accounts will only be for a few more weeks until they hire another salesperson. Is Brock entitled to overtime compensation?

A) Yes, all employees who work more than 40 hours in a week are entitled to overtime compensation.
B) Yes, unless the employer can prove that Brock was not required to put in the extra hours of work.
C) No, because he is an outside salesperson.
D) No, because his additional work is only temporary.
E) No, unless he was required to work the extra hours and received approval from his supervisor.

F) A) and E)
G) All of the above

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Question 43

Multiple Choice

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What was the result in Roe v. TeleTech Customer Care MGMT, the case in the text in which an employee who had a prescription for lawful medical marijuana under Washington's Medical Use of Marijuana Act (MUMA) , could be fired for having a positive result on a drug test?

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job. -Which of the following are not a remedy associated with employer liability under the Family and Medical Leave Act?

Which of the following interprets and enforces the National Labor Relations Act?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Every new employee at the time of hire in the US must fill out a(n) ________.

Federal minimum-wage and hour laws are set out in the ________.

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job. -Was Kayla required to mention the FMLA in her telephone call?

Under the Family and Medical Leave Act, which of the following is true regarding whether an employer must continue the health insurance benefits of an employee on leave?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -List the circumstances under which leave is available under the Family and Medical Leave Act.

[Union Avoidance] Nadine owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Nadine was extremely unhappy when the union obtained enough signatures indicating an interest to be represented by the union. Nadine still refused to recognized the union, and the union organizers petitioned the National Labor Relations Board for a representation election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Nadine, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Nadine stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Nadine further stated that, in any event, she would not deal with the union under any circumstances. -In which of the following ways did the union likely go about establishing sufficient employee support for a union election?

COBRA requires that employers verify the identity and eligibility of all individuals hired in the US.

Penalties for violating OSHA range from $0 to $70,000 per violation, depending on the likelihood that ________.

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair. -Would Kolby likely be qualified to receive unemployment compensation?

When unionized employees have a labor dispute with their employer and boycott another employer to force it to cease doing business with their employer, which of the following occurs?

[Union Avoidance] Nadine owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Nadine was extremely unhappy when the union obtained enough signatures indicating an interest to be represented by the union. Nadine still refused to recognized the union, and the union organizers petitioned the National Labor Relations Board for a representation election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Nadine, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Nadine stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Nadine further stated that, in any event, she would not deal with the union under any circumstances. -Which of the following is true regarding whether Nadine's prohibition of discussion regarding the union and the distribution of literature in support of the union was objectionable under federal labor law?

Which of the following is true regarding circumstances under which an employer is required to offer an employee the option to continue medical benefits under COBRA?

The Taft-Hartley Act was passed to further strengthen restrictions on employers regarding unionization.

Workers' compensation laws are state law specific and vary from state to state.

Which of the following is false under federal law regarding employer monitoring of employee telephone calls?