Question 1

Was Kayla required to mention the FMLA in her telephone call?

Accepted Answer

A)  Yes,the employee must specifically state that the leave is requested under the "Family Medical Leave Act",though the use of "FMLA" is sufficient.
B)  Yes,the FMLA will not be triggered unless the employee identifies the name of the Act.
C)  Yes,the employee must provide enough information to identify the exact type of leave requested.
D)  No,the employee does not need to provide notice under the FMLA.
E)  No,the employee does not have to specifically mention the FMLA.F) C) and D)
G) B) and E)

Question 2

Which of the following is not an example of an activity protected by the public policy exception to the employment-at-will doctrine?

Accepted Answer

A)  Serving on jury duty.
B)  Whistle-blowing.
C)  Doing military service.
D)  Testifying at hearings for workers' compensation claims.
E)  Engaging in charitable activities.F) C) and D)
G) B) and C)

Question 3

[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 itwas 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?

Accepted Answer

A)  Nadine could legally prohibit all discussion regarding the union anywhere and anytime on her business premises,but she could not prevent any distribution of union literature.
B)  Nadine could legally prohibit all discussion regarding the union as well as all distribution of literature in support of the union anywhere on her business premises.
C)  Nadine could likely legally prohibit discussion regarding the union and the distribution of literature during work time,but not during nonwork time such as lunch periods in the employee break room.
D)  Nadine could not legally prohibit any discussion of the union or any distribution of literature on her business premises.
E)  Nadine could legally prevent all distribution of union literature anywhere and anytime on her business premises,but she could not prevent any discussion regarding the union.F) A) and B)
G) A) and C)

Question 4

Employers may unilaterally determine how much to pay employees and how many hours to require to them to work.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

Accepted Answer

A)  Nadine is correct in that the union will not immediately be certified without a favorable vote from a majority of employees,but a second election will automatically be held at which all employees will be required to vote.
B)  Nadine is incorrect because her company had over 25 employees,and the union will be certified as the bargaining agent for the employees.
C)  Nadine is correct because in order to be certified as the bargaining agent,the union must obtain favorable votes from a majority of employees,not a majority of employees who vote.
D)  Nadine is correct only because her company had 50 or fewer employees.Otherwise,the union would have been certified as the bargaining agent for the employees.
E)  Nadine is incorrect because the union received a majority of the vote in the secret-ballot election.F) B) and E)
G) C) and D)

Question 6

The National Labor Relations Act is interpreted and enforced by the National Labor Relations Board.

Accepted Answer

A) True 
 B)False

Question 7

Striking union members of Company A decide that picketing Company A is not accomplishing the desired results and decide to further their efforts.Natasha,the union president,suggests that they picket Company X,a supplier to A,to pressure X into not doing business with A.Which of the following is true regarding Natasha's plan?

Accepted Answer

A)  Natasha's plan is a good idea,and this type of picketing is frequently and legally engaged in by union members during labor disputes.
B)  Natasha's plan is illegal because of the prohibition against secondary boycotts occurring during a labor dispute.
C)  Natasha's plan is a good idea only if the strike has been going on for over 30 days because under the National Labor Relations Act,union members may not picket any company other than the employer for at least 30 days.
D)  Natasha's plan is legal only if X employees are represented by the same union as A employees.
E)  Natasha's plan is a good idea only if the strike has been going on for over 90 days because under the National Labor Relations Act,union members may not picket any company other than the employer for at least 90 days.F) A) and C)
G) A) and D)

Question 8

The Fair Labor Standards Act covers employers engaged in interstate commerce or the production of goods for interstate commerce.

Accepted Answer

A) True 
 B)False

Question 9

Anali sent e-mails to her friends during work to solicit customers to purchase pirated movies.After Anali was fired based on these e-mails,she sued alleging the employer violated her privacy rights by going through her personal e-mail.Will Anali's suit likely be successful?

Accepted Answer

A)  No,if the emails were sent using the employer's e-mail system.
B)  No,regardless of whose e-mail system was used.
C)  Yes,because employees have a right to privacy at work.
D)  Yes,although employees do not have an absolute right to privacy at work,they have a reasonable expectation that the employer will not invade their privacy by reading employee e-mails.
E)  Yes,as long as she can prove that her e-mails were sent during nonworking hours.F) A) and D)
G) B) and E)

Question 10

In regard to holidays,which of the following is required by law in the United Kingdom?

Accepted Answer

A)  That employees be allowed to either be off or be paid double for 3 holidays per year.
B)  Employees are not guaranteed any holidays off or any extra pay for working holidays under national law.
C)  That employees be allowed to either be off or be paid double for 1 holiday per year.
D)  That employees be allowed to either be off or be paid double for 4 holidays per year.
E)  That employees be allowed to either be off or be paid double for 2 holidays per year.F) C) and D)
G) B) and C)

Exam 42: Employment and Labor Law

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

Correct Answer
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Correct Answer
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Employers may unilaterally determine how much to pay employees and how many hours to require to them to work.

Correct Answer
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Correct Answer
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Was Kayla required to mention the FMLA in her telephone call?

Correct Answer
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The National Labor Relations Act is interpreted and enforced by the National Labor Relations Board.

Correct Answer
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Which of the following is not an example of an activity protected by the public policy exception to the employment-at-will doctrine?

Correct Answer
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In regard to holidays,which of the following is required by law in the United Kingdom?

Correct Answer
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The Fair Labor Standards Act covers employers engaged in interstate commerce or the production of goods for interstate commerce.

Correct Answer
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Anali sent e-mails to her friends during work to solicit customers to purchase pirated movies.After Anali was fired based on these e-mails,she sued alleging the employer violated her privacy rights by going through her personal e-mail.Will Anali's suit likely be successful?

Correct Answer
verified

Exam 42: Employment and Labor Law

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Employers may unilaterally determine how much to pay employees and how many hours to require to them to work.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Was Kayla required to mention the FMLA in her telephone call?

Correct AnswerverifiedShow Answer

The National Labor Relations Act is interpreted and enforced by the National Labor Relations Board.

Correct AnswerverifiedShow Answer

Which of the following is not an example of an activity protected by the public policy exception to the employment-at-will doctrine?

Correct AnswerverifiedShow Answer

In regard to holidays,which of the following is required by law in the United Kingdom?

Correct AnswerverifiedShow Answer

The Fair Labor Standards Act covers employers engaged in interstate commerce or the production of goods for interstate commerce.

Correct AnswerverifiedShow Answer

Anali sent e-mails to her friends during work to solicit customers to purchase pirated movies.After Anali was fired based on these e-mails,she sued alleging the employer violated her privacy rights by going through her personal e-mail.Will Anali's suit likely be successful?

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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