MAN4402 Employee Law Self Study Questions, Exams of Nursing

Download MAN4402 Employee Law Self Study Questions and more Exams Nursing in PDF only on Docsity! MAN4402 Employee Law MAN4402 Employee Law Self Study Questions Made Easy with Correct Solutions (139 Quizzes & Ans) Already Graded A+ 2023. MAN4402 Employee Law Sarah aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before her 27th anniversary with the firm, you are ordered by your superior, the HR manager, to tell her that her employment with the firm is terminated immediately. Given the facts, as presented, the issues most likely to be raised are: - Answer: a. legal *b. ethical* c. medical d. contract e. none of these Under U.S. employment laws, employees have the right to: - Answer: a. not be fired, as long as they do a good job and the employer's financial condition does not require that employment levels be cut b. be treated fairly in all aspects of the workplace, including receiving fair compensation c. have health insurance and other basic benefits, provided that they are full-time employees d. all of these *e. none of these* Regarding the historical development of employment law in the U.S., which of the following statements is true? - Answer: a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization b. The earliest laws focused on wages and hours MAN4402 Employee Law Regarding arbitration, which of the following statements is true? - Answer: *a. historically, arbitration has been used to resolve disputes over contractual rights* b. arbitrators' decisions are usually advisory and not considered final c. arbitrators have less control over the outcomes of disputed than do mediators d. arbitration is always more costly and time-consuming than litigation e. none of these Regarding the interrelationship of federal and state employment laws: - Answer: a. state laws must be identical to federal law or state law is void b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws *c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws* d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists In Casias v. Wal-Mart Stores, plaintiff Casias, a cancer patient and Wal-Mart employee, was prescribed medical marijuana for his symptoms by his physician, pursuant to the state's new medical marijuana law. Upon being injured at work, he was given a blood test which showed marijuana in his system. He was fired, and sued for wrongful termination. The court ruled: - Answer: a. for the Plaintiff because he had a valid state medical marijuana registry card to show that he was authorized to use medical marijuana b. for the Plaintiff because he did not cause his own injury at work *c. for Wal-Mart, because the state law did not change employment-at-will* MAN4402 Employee Law d. for Wal-Mart, because plaintiff's marijuana use led to his injury In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability. Fed Ex argued that the damages awarded by the jury were too high, and also offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled: - Answer: a. for the defendant AutoZone, since the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA b. for the defendant AutoZone, because plaintiff had not established that he suffered from a disability *c. for the plaintiff because the damages awarded were consistent wit the damages awarded in other cases* d. for the plaintiff because he established that he suffered from a disability Which of the following is true regarding enforcement of employee rights and enforcement of employment laws? - Answer: a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court *c. the EEOC encourages the parties to discrimination cases to use mediation* d. the EEOC encourages the parties to discrimination cases to use arbitration MAN4402 Employee Law An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use? - Answer: a. the agreements probably won't apply to any of its unionized employees b. the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals c. the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts *d. all of these* e. none of these Which of the following is true of the enforcement process for discrimination charges brought under Title VII? - Answer: a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish b. charges must be brought within 60 days of the alleged discriminatory act *c. a right to sue letter must be obtained from the EEOC before a plaintiff can file suit in court* d. all of these e. none of these A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be: - Answer: a. enforceable *b. unenforceable* c. subject to amendment by the court MAN4402 Employee Law another firm, and listed your firm as a reference. What should you do? - Answer: *don't tell them about your suspicions, just give a "service" reference A valid background check should NOT include: - Answer: *checking an applicants marital status* Which of the following is a defense to a defamation claim against an employer? - Answer: a. the employee gave his consent to make the statement b. the statement was within the employer's qualified privilege c. the statement was truthful *d. all of these* e. none of these Under the Fair Credit Reporting Act, employers must do which of the following? - Answer: *notify an applicant that the employer plans to reject her based on information from a credit report* Which of the following is true regarding criminal background checks? - Answer: *employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis* You've now been on the job for a few months in your role as Assistant Human Resources Director, and have acquired some experience in interviewing and background checks. While doing a background check on a candidate for a secretarial position, you discover that the candidate was arrested several years MAN4402 Employee Law ago while in college, and accused of damaging university property. What should you do? - Answer: *talk to the candidate to find out what the report is all about* Which of the following statements is NOT true? - Answer: a. Employers must always perform a criminal background check before hiring an employee b. employers must always conduct a thorough and comprehensive background check of every applicant c. employers must obtain an applicant's consumer credit report d. all of these are true *e. none of these is true* "Knowledge" as an element of the tort of negligent hiring, means that: - Answer: a. the employer knew the employee was unfit b. the employer should have known the employee was unfit c. the employer would have known the employee was unfit if it had done an appropriate background check *d. any of these might constitute such "knowledge"* e. none of these constitutes such "knowledge" Which of the following statements is most correct about the legality of drug testing? - Answer: *drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge Drug testing may include may include samples of all of the following EXCEPT: - Answer: *fingernails* MAN4402 Employee Law Which of the following is considered a medical exam under the ADA? - Answer: *genetic test* Employers must show that a scored test is job related and consistent with business necessity? - Answer: *only if the test is having discriminatory effects* To determine if a scored test is having discriminatory effects: - Answer: *compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifths of the pass rate for the most successful group* Content validation studies: - Answer: *examine whether behaviors and skills tested closely represent behaviors and skills used on the job* Regarding drug tests: - Answer: a. the employer must perform a second confirmatory test if requested by the employee b. the employer must allow the employee access to samples so that the employee can have her own test done *c. both of these* For union employers, drug testing is: - Answer: *a subject of mandatory bargaining* MAN4402 Employee Law In order to prove that underutilization exists, it must be shown: - Answer: *that women or persons of color are underrepresented in the employer's workforce relative to their availability in the relevant labor market* "Reverse" discrimination means: - Answer: *disparate treatment* Which of the following is true of harassment? - Answer: *harassment is legally actionable because it is a form of discrimination* Which of the following is a necessary element of a sexual harassment claim? - Answer: *the harassment was unwelcome* Which of the following is true regarding the role of conduct outside of the workplace in harassment cases? - Answer: a. employers cannot be held liable based on harassing conduct that occurs outside of the workplace b. the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome c. the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred *d. none of these* Employers are vicariously liable for harassment when: - Answer: a. a hostile environment is created by a top officer b. harassment by a supervisor results in a tangible employment action MAN4402 Employee Law c. a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or reporting procedure *d. all of the above* Which of the following should be included in an employer's policy prohibiting harassment? - Answer: a. assurance that employees reporting harassment will be protected from retaliation b. assurance of strict confidentiality in handling harassment complaints c. a clear and accessible procedure for reporting harassment *d. a and c* If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule: - Answer: *that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut* The plaintiff in a harassment case must prove: - Answer: a. the harassment was because of sex b. the harassment was directed toward a protected class c. the harassment was unwelcome *d. only b and c When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this: - Answer: *quid pro quo harassment* MAN4402 Employee Law A male customer of a sports bar has taken a liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tell her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule? - Answer: *for the employee, because the customer has committed harassment, the employer knew about it, and did nothing* The American's with Disabilities Act (ADA): - Answer: *applies to private sector employers with 15 or more employees* An employee can be considered disabled under the ADA if: - Answer: a. she has an existing disability b. she is erroneously regarded as being disabled c. she is not currently disabled but has a record of a prior disability *d. all of the above* Under the ADA, it is important that job descriptions: - Answer: *clearly identify the essential functions of jobs* MAN4402 Employee Law To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must have worked: - Answer: *at least 1250 hours during the previous 12 months* Under the FMLA, employees are entitled to: - Answer: *have only health benefits maintained under the same conditions as if the employee had not taken leave* Which of the following is a "qualifying event" under the FMLA? - Answer: *birth of a child* "Tipped employees" can be paid less than the minimum wage provided that: - Answer: *their total pay in wages and tips equals at least the minimum wage Under the Fair Labor Standards Act, a "workweek": - Answer: *is any fixed and reoccurring period of 7 consecutive days* Under the FLSA, minor under 16 years of age: - Answer: *are allowed to work no more than 18 hours per week while school is in session* Which of the following is true regarding compensatory ('comp") time? - Answer: *all of these* Which of the following is generally compensable time under the FLSA? - Answer: *meeting during work hours concerning employee grievances* MAN4402 Employee Law A non-exempt employee's usual pay is $800/wk, based on a 40/hr week. This week he works 50/hrs. His regular pay is ___. His total pay for this week should be ___. - Answer: *$20/hr;$1100 The maximum number of hours that an employee can work in a workweek under the Fair Labor Standards Act is: - Answer: *Not limited for employees 16 years of age and over* Which of the following is a fiduciary duty under the Employee Retirement Income Security Act (ERISA)? - Answer: *all of these* Which of the following is true regarding vesting requirements under ERISA? - Answer: *vesting is generally required after five or seven years of service* Which of the following is a qualifying event necessitating an offer of COBRA continuation coverage? - Answer: *all of these* Defined benefit pension plans - Answer: *all of the above* Summary plan descriptions (SPDs) - Answer: *can be the basis for claims that employees did not receive promised benefits* Which of the following is one of HIPAA's requirements regarding pre-existing condition exclusions in group health plans: - Answer: *exclusionary periods must MAN4402 Employee Law be reduced by any periods of prior coverage under a group health plan, as long as the break in coverage was no more than 63 days* The Pregnancy Discrimination Act provides for each of the following EXCEPT: - Answer: *because of the extreme costs and because men do not avail themselves of pregnancy benefits, larger deductibles or co-pays may be charged Regarding employment benefits, the general rule is that: - Answer: *none of these* Which of the following is the agency responsible for administering and enforcing the National Labor Relations Act: - Answer: *National Labor Relations Board (NLRB)* Non-employee organizers: - Answer: *can be barred from workplaces if a valid non-solicitation policy is in place and other reasonable means of communication exist* Protected concerted activities: - Answer: *all of these* Which of the following employee rights is NOT protected by the NLRA? - Answer: *all of these employee rights are protected by the NLRA* MAN4402 Employee Law The most common performance criteria used includes all of these EXCEPT: - Answer: *willingness to work two jobs* Under the ADA, performance appraisals for disabled persons: - Answer: *cannot consider any difficulties performing non-essential job functions* Performance appraisals: - Answer: *should cite specific instances of good or bad performance* OSHA's Hazard Communication Standard requires: - Answer: *that employers maintain material safety data sheets for all hazardous chemicals used in the workplace* The forced distribution method regarding performance appraisals consist of: - Answer: *requiring that predetermined percentages of employees be placed into particular performance categories* Which of the following is NOT true regarding performance criteria and standards? - Answer: *There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available* Regarding employer searches of employees in the workplace, which of the following is true? - Answer: a. Generally, employers may conduct searches of employee workplaces, although obtaining consent is best b. all such searches should be conducted in a reasonable manner MAN4402 Employee Law c. evidence obtained through searches must be handled carefully *d. All of these are true* Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations? - Answer: at an employee's computer workstation Under the Employee Polygraph Protection Act: - Answer: employees have a right to review all questions before the test begins Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT: - Answer: before surveillance or video monitoring of employees can take place, a search warrant must be obtained Conduct that is "outrageous" is required to establish - Answer: infliction of emotional distress The Privacy Act requires - Answer: that covered employers adopt written workplace privacy policies Regarding the right to privacy - Answer: whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis Employers may conduct hidden video surveillance of employees - Answer: a. in bathrooms if the employer suspects drug use or other illegal activities MAN4402 Employee Law b. in private offices because the office is part of the employer's property c. in the company parking lot d. all of these *e. none of these* Amanda is an employee at a high end department store in the HR department and has been in her office all day. After a pair of diamond earrings are found to be missing from the jewelry department, Mike, the store manager has every employee in the store brought together pursuant to an investigation. Which of the following is true? - Answer: a. because the missing items are extremely small. Mike can order Amanda into a room to be strip searched by Hilda, the head of security b. Mike can go through the contents of Amanda's purse as long as he doesn't touch her physically c. Mike can search Amanda's desk *d. none of these* Due process includes - Answer: 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 these* In a constructive discharge - Answer: a quit is treated as a termination because circumstances forced the employee to leave