Exam 42: Employment and Labor Law

A) No,as long as the position to which she returned had substantially equivalent skills,effort,responsibility,and authority.
B) Yes,because DesignCo did not return Kayla to a substantially similar position because she had a different desk and different accounts.
C) No,as long as the position to which she returned had substantially equivalent accounts.
D) Yes,because DesignCo did not return Kayla to the same position she had held.
E) No,as long as the position to which she returned had the same skills,effort,responsibility,and authority.

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A) Yes,the employee must provide notice of leave at least twenty-four hours in advance of the leave.
B) No,if the leave is unforeseeable,the employee must give notice as soon as practicable,defined as within twenty-four hours after the need becomes known.
C) Yes,the employee must provide notice of leave at least 30 days in advance of the leave.
D) Yes,if the leave is unforeseeable,the employee must give notice as soon as the need for leave becomes known.
E) No,if the leave is unforeseeable,the employee must give notice as soon as practicable,defined as within one or two business days after the need becomes known.

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A) Defendant invaded plaintiff's privacy because her last name was placed in the newspaper article without her permission.
B) The court remanded the case for further proceedings regarding when plaintiff removed the article from MySpace.com.
C) Defendant invaded plaintiff's privacy by publishing an article she subsequently removed from MySpace.com.
D) Plaintiff's invasion of privacy claim was dismissed because of the electronic waiver provision on MySpace.com.
E) Plaintiff's invasion of privacy claim was precluded by law because plaintiff did not have a reasonable expectation of privacy regarding her publicized opinions that she posted on MySpace.com.

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A) Yes,she can claim that she was wrongfully terminated because of her jury duty.
B) Yes,she can claim that she was wrongfully terminated for whistle-blowing.
C) No,although most states recognize a public policy exception that would permit employees to sue for wrongful discharge,there was no public policy violation.
D) No,although most states recognize a public policy exception that would permit employees to sue for wrongful discharge,jury duty is not a protected activity.
E) No,states do not recognize a public policy exception that would permit employees to sue for wrongful discharge.

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A) No,because he was not laid off.
B) Yes,unless the employer can prove that Kolby was fired for cause.
C) No,because he was an employee-at-will.
D) Yes,because Kolby did not quit and was fired in violation of the implied covenant of good faith and fair dealing.
E) Yes,because Kolby did not voluntarily quit.

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A) In Luxembourg,regardless of age,employees are given 25 days of holiday,12 of which they must take in succession,as well as 10 paid public holidays.
B) Denmark mandates no fewer than five weeks of paid vacation a year.
C) Swedish law gives employees 5 weeks of vacation time and gives them 10 weeks after five years of employment.
D) Spain mandates no fewer than 30 days of vacation in addition to the country's 14 paid public ones.
E) Similar to the U.S. ,employees in Ireland do not have mandated vacation rights.

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A) Administrative employees
B) Executives
C) Professional employees
D) Shift workers
E) Outside salespersons

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A) Yes,because the supervisor did not follow the steps for progressive discipline leading to discharge.
B) No,although most states recognize an implied-contract exception that would permit employees to sue for wrongful discharge,there was no violation because Monique's performance was poor.
C) No,states do not recognize an implied-contract exception that would permit employees to sue for wrongful discharge.
D) Yes,but only if the employer promised in writing not to fire Monique until thirty days after her written warning.
E) No,the employer did not violate the law by firing Monique prior to the expiration of thirty days after receipt of her written warning.

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A) Yes,under the employment-at-will doctrine,a contract of employment may not be terminated at will unless both parties agree otherwise.
B) Yes,under the employment-at-will doctrine,all employees have a contract of employment and cannot be terminated for any reason.
C) No,under the employment-at-will doctrine,a contract of employment may be terminated at will by either party at any time and for any reason.
D) No,under the employment-at-will doctrine,a contract of employment may be terminated at will by either party at any time as long as the reason is legitimate.
E) Yes,under the employment-at-will doctrine,a contract of employment may be terminated at will by either party at any time and for any fair reason.

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A) Workers' compensation laws
B) The Employee Retirement Income Security Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) The Benefits Protection Act

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A) Collusive dealings
B) Mediation
C) Arbitration
D) Mandatory negotiations
E) Collective bargaining

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A) Employers may ban personal calls during working time.
B) Employers may be subjected to fines of up to $10,000 for violations.
C) Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the work day.
D) To check for compliance,employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal.
E) Employers cannot listen to the private telephone conversations of employees.

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A) All the premiums,plus up to a 2 percent administration fee.
B) One half the policy premiums.
C) Only whatever percentage of policy premiums the employee paid prior to leaving the job.
D) All the policy premiums,plus up to a 5 percent administrative fee.
E) Nothing because the employer must cover all premiums.

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A) Hannah is correct.
B) Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if the company employs under 100 workers.
C) Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if Rachel had already taken at least one week of vacation in the previous 12 months.
D) Hannah could require that Rachel take vacation time prior to leave under the Family and Medical Leave Act but not that she take sick leave time prior to leave under the Family and Medical Leave Act.
E) Hannah could require that Rachel take sick leave time prior to leave under the Family and Medical Leave Act but not that she take vacation time prior to leave under the Family and Medical Leave Act.

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A) The employer must continue health insurance benefits only if the employer has made a profit in the last year.
B) The employer must continue making health insurance benefits available,but the employee on leave must pay all the premiums.
C) The employer must continue to pay at least one half of the premiums.
D) The employer must continue health insurance benefits.
E) The employer is not required to continue offering health insurance benefits to an employee on leave even if the employee is willing to pay the premiums.

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