Part 1 of 1 -

Question 1 of 601 Points

Regarding vesting requirements under ERISA, it is accurate to say:

A. once pension rights vest, employees' pension plans cannot be discontinued or changed

B. once pension rights vest, employees are entitled to receive full pensions upon leaving employment

C. vesting is never required but is purely a contractual provision negotiated between the employer and employee

D. vesting usually occurs after five or seven years of service

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Question 2 of 601 Points

Bargaining in good faith:

A. requires both employers and unions to eventually reach agreement in their negotiations

B. requires that employers supply unions with information relevant and necessary to bargaining effectively

C. requires that any issue raised by either the employer or union must be negotiated

D. all of the above

E. none of the above

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Question 3 of 601 Points

Which is (are) the correct statement(s) below concerning Workers' Compensation?

A. generally, workers' compensation is an injured employee's exclusive remedy

B. pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule

C. pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk

D. all of the above are correct

E. none of the above are correct

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Question 4 of 601 Points

Which of the following problems are caused by pay secrecy policies?

A. they make it difficult for people to know whether they are discriminated against in the matter of pay

B. they make it difficult for coworkers to discuss the terms and conditions of employment

C. because of B, they are illegal under the National Labor Relations Act

D. none of the above

E. all of the above

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Question 5 of 601 Points

After announcing that it was going to close a union facility, an employer entered into negotiations with its union . Six drivers learned of an upcoming meeting, met over coffee to formulate their questions, and went to the site of the meeting. A union official told them to return to work, but the drivers insisted, and eventually were able to introduce themselves to the management representatives. They returned to work after having been gone for 3 hours, but were fired for being absent without authorization. The NLRB ruled in favor of the drivers, and the employer appealed. On appeal, the court should rule:

A. for the employer, since its representatives had met with the employees, so they had complied with their obligations

B. for the employer, since the employees essentially walked off the job during working hours without authorization, which is not a protected concerted activity

C. for the drivers, since they had a right under the NLRA to engage in protected concerted activity

D. for the drivers, because although they were able to introduce themselves to the management representatives, no actual discussion or negotiation took place

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Question 6 of 601 Points

At last your office is being remodeled, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. As the Safety Director for the firm, which of the following would you recommend as the best remedy?

A. the construction firm should be ordered to work more quietly

B. the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

C. those who are suffering from hearing problems and headaches should go home

D. all of these

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Question 7 of 601 Points

"Roper" Rassidy was a cowboy working on a ranch out west. He has worked at the ranch for three years and done an excellent job. He is also a two time bull riding champion at the state rodeo competition. He is fired when he admits to being gay.

A. sexual orientation is a protected class in some states but not in others

B. Roper is protected under the protected sex classification under Title VII

C. Rope has no federal or state protection regarding his sexual orientation

D. since being a cowboy is such a macho job, being heterosexual is considered a BFOQ

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Question 8 of 601 Points

According to the FMLA a "qualifying event" includes

A. serious health condition of an employee's grandparent

B. death of a parent

C. birth of a child

D. all of the above

E. none of the above

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Question 9 of 601 Points

An employee brings suit under the FMLA after she was terminated for poor attendance because of absences when she had taken periods of FMLA leave over a two year period . What should the court rule?

A. the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave

B. the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave

C. the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal

D. the employer did not violate the FMLA because the employee was granted leave

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Question 10 of 601 Points

The requirements of thePrivacy Act include

A. that covered employers adopt written workplace privacy policies

B. that employees be informed if they are subject to monitoring or surveillance in the workplace

C. that medical records must be kept confidential and separate from personnel files

D. only A and B

E. none of the above.

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Question 11 of 601 Points

After facing severe harassment, an employee quits his position to escape it. A court will likely rule:

A. that a hostile environment is presumed, but that the employee waived the right to sue when he left

B. that because he quit, no tangible employment action can be proven

C. that the quit is a constructive discharge, which constitutes a tangible employment action.

D. that the quit is a constructive discharge, but there is no monetary remedy as the employee left voluntarily.

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Question 12 of 601 Points

English-only rules applied at all times, under EEOC guidelines, are:

A. valid, if an employer can show a business necessity for a broad-cased, all-time ban on other languages

B. presumptively discriminatory

C. invalid, because the employer can never show a business necessity for a broad-based, all-time ban on other languages

D. presumptively non-discriminatory

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Question 13 of 601 Points

A grocery store employee learns that her store has placed a secret video camera in the employee changing room. If she sues, the claim would most likely be for:

A. public disclosure of private facts

B. violation of her 4th Amendment right to be free from unreasonable search or seizure

C. intrusion upon privacy

D. appropriation of a name or likeness

E. false imprisonment

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Question 14 of 601 Points

Title VII's exemption for religious organizations:

A. requires religious organizations to establish BFOQs based on religion

B. exempts religious organizations from all of Title VII's requirements

C. allows religious organizations to favor persons of the same faith for positions that have clear spiritual functions, but not for secular activities

D. allows religious organizations to favor persons of the same faith for secular activities, but not for positions that have clear spiritual functions

E. all of the above

F. none of the above

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Question 15 of 601 Points

An employer can best avoid OSHA violations by:

A. taking steps to prevent workplace injuries

B. creating a comprehensive workplace safety program

C. being proactive in assessing workplace hazards

D. all of these

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Question 16 of 601 Points

Reasonable accommodation of disability would usually include:

A. providing a part-time or modified work schedule

B. transferring essential job functions to others

C. relaxing a performance standard

D. relaxing a production goal

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Question 17 of 601 Points

An employee was laid off when his employer downsized. His wife had breast cancer at the time, and the employee asked at the office whether he would be able to continue health insurance coverage for him and his wife after his termination. He was assured verbally that his health insurance would be continued. However, nine months later his wife was denied coverage for her cancer treatments. The employee sued under COBRA. What was the result?

A. The employee lost, because too much time has gone by between his termination and the first claim for health insurance.

B. The employee lost because he had paid no premiums after his termination, and therefore his coverage had lapsed.

C. The employee won because whether or not the employee had been notified of his COBRA rights, the employer had not provided any notice of those rights to the wife, an adult, qualified beneficiary under the health insurance plan.

D. The employee won, because the employer had never provided proper notice of COBRA rights to the employee or his wife.

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Question 18 of 601 Points

Under ERISA, the fiduciary duty includes:

A. ensuring that plans operate in accordance with plan documents and ERISA

B. diversifying pension fund assets to minimize the risk of large losses

C. managing benefit plans and funds solely in the interest of plan beneficiaries

D. all of the above

E. only A and B above

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Question 19 of 601 Points

The public policy exception to employment at will is recognized under what circumstance or circumstances below?

A. termination for reporting illegal activity

B. termination for refusing to commit an illegal act

C. termination for exercising a legal right

D. only B and C

E. A, B, and C

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Question 20 of 601 Points

When making a decision as to which of two equally qualified, equally senior employees to lay off, a school district invoked its affirmative action plan and retained an African-American and laid off a white teacher. The court would rule that:

A. Title VII was violated because diversity is not a compelling government interest necessitating consideration of race

B. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions

C. Title VII was not violated because using race as a "tie-breaker" is a lawful form of affirmative action

D. Title VII was not violated because the layoff was only temporary and did not excessively burden the white teacher

E. Title VII was not violated because the school district demonstrated that the layoff was the only way to maintain a faculty that reflected the racial composition of the student body

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Question 21 of 601 Points

A clerical employee has a special gift for languages, and he is disabled and wheelchair bound . You have previously made his work area accessible, but he is now asking for a special accommodation - that you make position for him in which he can use his language skills in translations, and not in clerical work. Which of the following statements is true?

A. The request is a reasonable one, and you should try to accommodate it

B. There is no requirement under the ADA that an employer make position for an employee who is disabled

C. The request is not a reasonable one, so you don't have to accommodate it

D. None of these is correct

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Question 22 of 601 Points

The NLRB states that striking employees

A. can be terminated, but only after they are given an adequate opportunity to return to work

B. can be terminated, but only after they are given an adequate opportunity to return to work

C. can picket their employer and any other firms that do business with the employer

D. can be permanently replaced, but only if the strike is an unfair labor practice strike

E. none of the above

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Question 23 of 601 Points

As a new Human Resources Manager for Artists' Tools main office, you are still getting to know the employees . One employee always seems to be in a state of either euphoria or sleepiness. Co-workers report to you that they have found her in the ladies room sniffing a white powder, and you conclude that she is probably using cocaine. After considering the matter, you decide that your best course of action would be:

A. to refer the employee to a drug rehab center for her drug addiction.

B. to confer with the employee, since she probably has a drug addiction, which is a disability under the Americans with Disabilities Act; you must decide whether you can make a reasonable accommodation.

C. to ignore the behavior until it has a more clear impact on the employee's work performance.

D. to confront the employee privately about this behavior, and unless she can explain it and produce a prescription, fire her for illegal drug use.

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Question 24 of 601 Points

In a case for sexual harassment filed by a woman who reports that she was forced to have sex in the workplace with her supervisor, you are the hearing officer . The employee admits that for some months prior to the event, she displayed her body through seminude photos, made highly salacious comments, and offered sexual gratification "to employees, customers, and competitors alike." Knowing what you know about harassment, how should you decide?

A. for the woman, because the forced sex proves harassment

B. for the employer, because she had a reputation for being "easy"

C. for the woman, because her flirting did not justify the forced sex

D. for the employer, because the harassment was not unwelcome

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Question 25 of 601 Points

According to the Fair Labor Standards Act, which of the following is true regarding overtime pay

A. employees who work more than 8 hours in a work day must be compensated with overtime pay

B. employees are entitled to twice their regular rate of pay for overtime hours

C. private sector employers can pay for overtime required under the FLSA with compensatory time off in the future, whereas government agencies may not do so

D. none of the above

E. all of the above

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Question 26 of 601 Points

An employer has a flexible time system for its sales representatives, who work online at the company's sales office. The reps may log off their computers and take breaks at any time, for any duration, and for any reason. The reps are paid, however, only for the time when they are at their work stations, logged on, and working for the company. Breaks of under 90 seconds are not counted against the employees' paid time. Some sales reps sued under the FLSA arguing they should be paid for breaks extending beyond 90 seconds.

A. The employer will prevail since the employees set their own break time, and can take as many breaks as they desire for any length of time.

B. The employer will prevail since the employees can even leave the premises if they desire, thus this time is not work time and should not be compensated.

C. The employees will prevail in part since FLSA requires employees be compensated for breaks during work time that do not exceed 20 minutes.

D. The employees will prevail since FLSA does not define "work," and clearly breaks are to be compensated.

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Question 27 of 601 Points

Pick the factors relevant to a determination of an "appropriate bargaining unit?"

A. similarity of skill

B. interrelationship of tasks

C. common supervision

D. similar salaries

E. all of these are relevant

F. a through c only

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Question 28 of 601 Points

An "English only" policy limited to the dispatch area of a taxi company whose employees all speak English, though some are native-born Spanish speakers, is permitted as a business necessity due to the need for clear communication among employees. Clear communication is a business necessity to avoid confusion in the dispatching of taxis.

True

False

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Question 29 of 601 Points

The kind of pension plan an employee likely would prefer is:

A. a defined benefit plan

B. a defined contribution plan

C. a hybrid plan

D. none of these

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Question 30 of 601 Points

The requirement that medical information obtained from current employees must be job-related and consistent with business necessity is contained in which law listed below?

A. The National Labor Relations Act

B. The Occupational Safety and Health Act

C. The Americans with Disabilities Act

D. The Privacy Act

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Question 31 of 601 Points

Violations of the OSHA general duty clause must include:

A. a potential hazard exists which was known in the industry

B. the employer acted with intent in allowing the hazard to exist

C. feasible means exist to abate the hazard

D. all of the above

E. none of the above

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Question 32 of 601 Points

The requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) include:

A. all persons returning from military service must be reemployed

B. employers must attempt to reinstate persons returning from military service into the positions that they would have attained absent service, including any promotions

C. employers continue to provide at least partial pay to employees serving in the military for up to 24 months

D. all of the above

E. none of the above

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Question 33 of 601 Points

The rules concerning compensatory ("comp") time state:

A. employers can require employees to use up their accrued comp time, regardless of whether employees wish to do so

B. the maximum amount of comp time that can be banked is capped at 240 hours for most employees

C. acceptance of comp time can be made a condition for receiving overtime work

D. b and c only

E. all of the above

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Question 34 of 601 Points

The elements of a prima facie case of failure to reasonably accommodate religion include:

A. that a conflict exists between a sincere religious belief or practice and an employment requirement

B. that a specific reasonable accommodation was requested by the plaintiff

C. that the requested accommodation would not impose undue hardship upon the employer

D. all of the above

E. none of the above

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Question 35 of 601 Points

After obtaining a federal contract worth in excess of $3 million dollars to provide recycled paper to the federal government. what does your company need to do other than to increase production and to arrange delivery?

A. make an affirmative action plan

B. agree to hire a certain percentage of persons of color and women before the contract takes effect

C. not discriminate in your workplace

D. A and C only

E. all of the above

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Question 36 of 601 Points

An employee was hired on Jan 1, 2018. He and his wife had a premature baby delivered on November 1, 2018. The baby would remain in the hospital for four months, and then come home on or about March 1, 2019. The employee notified his employer of these facts on November 10, 2018 and requested FMLA leave beginning on or about March 1, 2019, when the baby arrived home. The employee was terminated on November 24, 2018 because his request for FMLA was made 6 weeks prior to the one year of employment required for FMLA eligibility. Since at that time, the employee had no FMLA rights to assert, his termination was justified.

True

False

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Question 37 of 601 Points

Who of those described below is most likely eligible for unemployment insurance?

A. John is fired for continually refusing to wear a hard hat in a restricted area in violation of company policy

B. Randy quits his job as an English professor because he's insulted that a new hire in Management is getting a higher salary than he does

C. Louise quits her job because of a pervasive and continuing hostile environment

D. all of the above

E. none of the above

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Question 38 of 601 Points

An employer closes the business, rather than deal with the union his employees have formed,

A. the employer violates the National Labor Relations Act, even if he tells his employees nothing about his reason for closing, if it can be proven that the motive was hostility toward unionization

B. the employer does not violate the National Labor Relations Act

C. the employer must bargain in good faith with the union before deciding to go out of business

D. the employer has clearly violated the National Labor Relations Act if he tells his employees he is closing because of the union.

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Question 39 of 601 Points

Workers' compensation means:

A. employers can always avoid paying workers' compensation if it can be shown that the employee's own careless actions contributed to the injury

B. employees are compensated for workplace injuries and illnesses as long as the employer's negligence played a part

C. because employees are hurt through no fault of their own, workers' compensation is designed to replace all of the income lost due to inability to work

D. experience ratings provide employers with a strong incentive to prevent injuries by making the workplace safer

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Question 40 of 601 Points

The existence of an appropriate bargaining unit is determined by the NLRB using which of these criteria among other things?

A. whether employees are paid at the same rate and/or under a reasonable and logical pay scale

B. the percentage of employees who have signed authorization cards

C. whether professional employees would be mixed with non-professional employees against their will

D. all of the above

E. none of the above

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Question 41 of 601 Points

The elements of an intrusion upon privacy (seclusion) tort claim include

A. sharing someone's FB page with others

B. one party intentionally pries into the private affairs of another

C. the use of private information by others for their own benefit

D. the broad disclosure of private information to others

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Question 42 of 601 Points

Constructive discharge means:

A. the employee will be able to sue for the tort of constructive discharge

B. a quit is treated as a termination because circumstances forced the employee to leave

C. the employee is fired after the employer has built or constructed a prima facie case for the employee's dismissal

D. the employer provides feedback on performance problems that will help the employee in a future job

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Question 43 of 601 Points

To demonstrate a suggested accommodation of disability would impose undue hardship on an employer, you must show that:

A. the proposed accommodation would not be a reasonable one

B. the cost exceeds the general $2000 threshold specified in the ADA

C. the cost of the accommodation exceeds the benefits it would produce

D. a and c

E. none of the above

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Question 44 of 601 Points

A "qualified individual with a disability," must:

A. meet the same, job-related education, skill, and background requirements as other job candidates or employees

B. not pose a direct threat others but may pose a threat to his or her own health

C. be able to satisfactorily perform all of the functions of a job

D. all of the above

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Question 45 of 601 Points

Which below is NOT true about the "severe" or "pervasive" standard for assessing harassment cases?

A. to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive

B. to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work

C. the degree of severity required is in inverse proportion to its pervasiveness

D. none of these

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Question 46 of 601 Points

An employee's complaint that a supervisor repeatedly touched the subordinate's thigh between the knee and the hip, while seated next to the employee at meetings, is clearly serious enough to constitute sexual harassment.

True

False

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Question 47 of 601 Points

A notice and disclaimer that the employment is entirely "at will" is contained in an employment manual. The manual also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:

A. the termination is justified because the manual contains an "employment at will" disclaimer

B. the termination is not subject to legal redress because the manual contains an "employment at will" disclaimer, so the employer had a right to terminate employment without conditions

C. the termination is suspect because the progressive discipline system was not followed

D. the termination is suspect because the employment manual is ambiguous

E. only A and B.

F. only C and D.

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Question 48 of 601 Points

All below are true abut early retirement incentives, EXCEPT

A. early retirement incentive may be used to reduce the number of highly-paid employees

B. early retirement incentives are a legal way to reduce the workforce

C. early retirement incentives may be offered to employees above a certain age, for example, age 55, but not, for example, also to those between 40 and 45

D. early retirement incentives are discriminatory if based on age

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Question 49 of 601 Points

Unionized employees must be given just cause for their discipline or discharge because:

A. arbitrators prefer the just cause standard to employment at will

B. the Constitution requires it

C. the National Labor Relations Act requires it

D. labor agreements require it

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Question 50 of 601 Points

Affirmative action:

A. is primarily applied to hiring decisions

B. is limited to African-Americans and women

C. includes any formal or informal efforts to improve the employment opportunities of African-Americans and women

D. all of the above

E. none of the above

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Question 51 of 601 Points

Due process concerning a discharge encompasses:

A. a clear statement of charges by the employer

B. an opportunity for the employee to respond to those charges

C. an investigation into the facts of the case

D. all of the above

E. only A and B

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Question 52 of 601 Points

Concerning the Patient Protection & Affordable Care Act, the Supreme Court ruled on the issue of whether the federal government exceeded its authority under the constitution by requiring that people buy health insurancet:

A. the law should be struck down, on the basis that the federal government had violated the commerce clause

B. the law should be upheld as valid, on the grounds that it constituted a tax on the lack of health insurance

C. the law should be upheld as valid, on the grounds that it did not violate the commerce clause

D. the law should be struck down, on the grounds that nothing in the Constitution authorized the law

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Question 53 of 601 Points

A recently laid off employee, whose spouse has beast cancer, asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court should rule:

A. for the employer, since it was a new owner, and not the employer of the employee.

B. for the employer, since the employee never requested in writing that their insurance be continued

C. for the employee, since he was not given notice of his COBRA rights in writing

D. for the employee's wife, because she was also an insured, but was given no notice of her COBRA rights

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Question 54 of 601 Points

During a RIF, an employee with 34 years on the job was downsized . He was 52 years old. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, the supervisor of the 52 year old had rated her as "doing a great job." She sued under the ADEA. On a Motion for Summary Judgment, what should the court decide?

A. for the employee because she had proven age discrimination in her termination

B. for the employer, because the employee scored poorly on the performance scale

C. for the employer, because the employee had not conclusively proven that she was terminated because of her age

D. for the employee, because she had raised material questions of fact, and thus summary judgment was inappropriate, and the case was ordered to trial

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Question 55 of 601 Points

In defining a disability, a substantially limiting condition is one which:

A. is permanent and will affect the person involved for the rest of the person's life.

B. makes it impossible to perform one or more major life activities, without the aid of any corrective devices used by the employee,

C. renders an employee unable to perform her previous job

D. is chronic or expected to have a long-term impact on functioning

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Question 56 of 601 Points

In Johnson v. Transportation Agency, Santa Clara County, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that:

A. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action

B. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex

C. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way

D. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position

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Question 57 of 601 Points

You are the personnel manager and have access to the employment files of all employees, including management. You have just learned that the Vice President of Sales has tested positive for the HIV virus. You know that he is married, but doubt that he's told his wife. What should you do?

A. call his wife, and tell her that you regret you must give her some bad news; then, simply tell her

B. call his wife, but ask to come and see her in person; this is not the sort of news that one should deliver by telephone

C. talk to the Human Resources Manager, and ask her advice

D. none of the above

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Question 58 of 601 Points

An employee claims harassment by her supervisor. He altered her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that:

A. no sexual harassment was proven, because no demand for sexual favors was made

B. no sexual harassment was proven, because no hostile environment was created

C. a hostile environment was created by the supervisor's conduct

D. no harassment could be proven without verbal or physical conduct of a sexual nature

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Question 59 of 601 Points

A Job descriptions under the ADA should:

A. clearly specify how job tasks are to be carried out

B. clearly identify the essential functions of jobs

C. list reasonable accommodations that are available to an employee in this job

D. all of the above

E. none of the above

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Question 60 of 601 Points

Under the Fair Labor Standards Act, a "workweek:"

A. is the same as a calendar week

B. is any fixed and reoccurring period of 5 consecutive days

C. is any fixed and reoccurring period of 7 consecutive days

D. includes all the days during a calendar week on which any work is performed

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