Q&A Hero

Q: Samson is a government employee. Samson is limited in drug testing by the a. First Amendment. b. Second Amendment. c. Fourth Amendment. d. Eighth Amendment.

Q: Network Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Network should announce the monitoring to a. no one. b. the employees. c. the government. d. the public generally.

Q: Investors Fund, a large financial institution, announces that it will start monitoring its employees' electronic communications. If Mary, an Investors Fund employee, resists this policy, her best argument is that the monitoring violates a. employee privacy rights. b. worker health and safety. c. federal labor law. d. the employment-at-will doctrine.

Q: Which of the following is not a common form of electronic surveillance of employees in the workplace? a. Reviewing employees' emails b. Requiring employees to wear electronic location monitoring bracelets c. Video-recording job performance d. Listening to employees' telephone conversations

Q: Julie works as an employee for Organic Produce Express, Inc. (OPI). Rowan, who is unemployed, collects unemployment compensation. This compensation is provided by a tax on a. Julie and other employees. b. Julie, OPI, and other employees and employers. c. OPI and other employers. d. not Julie, OPI, or other employees or employers.

Q: Phyllis intentionally injures herself while performing her job for Stone Cutters, Inc. Phyllis will be entitled to a. full workers' compensations. b. half of the normal workers' compensation. c. 10 percent of the normal workers' compensation. d. no workers' compensation.

Q: Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compensated under state workers' compensation laws only if a. he does not have health insurance. b. he is completely disabled. c. his injury was accidental. d. his injury was intentional.

Q: Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident. Hoppy will be compensated under state workers' compensation laws a. only if the injury occurred during working hours. b. only if the injury occurred off the job. c. only if the injury occurred on the job. d. whenever and wherever the injury occurred.

Q: Jo works for Tall Tales Publishing, Inc. The basis for Jo's contribution under the Federal Insurance Contribution Act (FICA) is based on her a. seniority at Tall Tales. b. annual wage base. c. special job skills. d. county of residence.

Q: Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge when he refuses a transfer to a Regional department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled to protection from discharge under a. no law. b. the Family and Medical Leave Act. c. the Occupational Safety and Health Act. d. the state workers' compensation act.

Q: Big Drill Oil Company employees one hundred workers. Big Drill must do all of the following except a. keep occupational injury and illness records for each employee. b. report any work-related diseases directly to OSHA. c. report any employee death due to a work-related incident to OSHA within eight hours. d. pay employees higher wages for working in more dangerous areas.

Q: Caf Cuisine Dining, Inc., employs one hundred workers at three locations in two states. Under federal law, Caf Cuisine must provide its employees, during any twelve-month period, family or medical leave of up to a. twelve days. b. twelve weeks. c. twelve months. d. twelve years.

Q: Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with at least a. thirty days of notice. b. sixty days of notice. c. ninety days of notice. d. one year of notice.

Q: Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than a. eight hours in a day. b. forty hours in a week. c. 160 hours in a month. d. one year for the same employer.

Q: Tyrone is seventeen years old. Under the Fair Labor Standards Act, he a. cannot work in a hazardous occupation. b. cannot work during school hours. c. must obtain a permit to work. d. none of the choices.

Q: Thelma is an employee at Foreign Food Mart. Thelma is called for jury duty and as a result cannot work her scheduled shift at Foreign Food Mart. Foreign Food Mart fires Thelma. This is a violation of a. an example of the doctrine. b. an exception based on contract theory. c. an exception based on public policy. d. an exception based on tort theory.

Q: Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports his employer's illegal activities he will probably be protected fro retaliatory discharge by a. unemployment statutes. b. worker compensation statutes. c. whistleblower statutes. d. no statutes.

Q: Workbilt Hardware Company employs workers, including Gina, at six locations in two states. Workbilt's discharge of Gina outside the terms of an employment contract may result in a. Workbilt's liability for damages. b. Gina's deportation under the Immigration Act. c. discontinuance of Gina's health-plan coverage. d. monitoring Workbilt's communications for privacy violations.

Q: An employer may not hire substitute workers to replace strikers.

Q: Management may never legally limit unionizing activities.

Q: Individual states may pass their own right-to-work laws.

Q: An employer can refuse to bargain collectively with a duly designated employee representative.

Q: Unfair labor practices are defined by the Norris-LaGuardia Act.

Q: The Norris-LaGuardia Act effectively declared a national policy permitting employees to organize.

Q: To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

Q: An employer may not hire an illegal immigrant under any circumstances.

Q: Federal law does not restrict employers' use of the results of genetics tests.

Q: The privacy rights of private-sector employees are governed by state law, which varies widely.

Q: Only federal law governs drug tests of private-sector employees.

Q: An employer may avoid laws regulating monitoring activities by informing employees that they are subject to monitoring.

Q: Generally, an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.

Q: An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.

Q: Employers that fall under the provisions of the Federal Unemployment Tax Act of 1935 are taxed at regular intervals.

Q: There is federal regulation of employers' retirement plans for employees.

Q: All unemployed workers who are willing and able to work are eligible for unemployment compensation.

Q: The basis for an employee's contribution to Social Security is the employee's age.

Q: Both employers and employees contribute to help pay for benefits that will partially make up for the employees' loss of income on retirement.

Q: An employee can usually recover workers' compensation for injuries occurring on the commute to and from work.

Q: Only the federal government sets safety standards governing workplaces.

Q: If an employee dies in a work-related incident, the employer must notify OSHA within eight hours.

Q: State workers' compensation laws establish a procedure for employees injured on the job to sue their employers.

Q: A key employee is defined as an employee whose pay falls within the top 10 percent of the firm's workforce.

Q: Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.

Q: All employers must provide their employees with up to twelve months of family or medical leave.

Q: Employees are entitled to overtime pay only at their employer's discretion.

Q: Employees who receive tips on the job cannot be paid less in direct wages than the federal minimum wage.

Q: Children must be at least thirteen years old to work in hazardous occupations.

Q: Whistleblower statutes protect employers who report their employees' wrongdoing.

Q: Whistleblower statutes protect employees from retaliatory discharge.

Q: A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.

Q: An employee who is fired outside of the terms of an implied employment contract may succeed in an action for breach of contract.

Q: A promise that an employer makes in an employee handbook regarding discharge will not be considered part of an implied contract.

Q: Under the employment-at-will doctrine, an employer can end an employment relationship at any time.

Q: A disclosed principal is a principal whose identity is not known by the third party at the time the contract is made by the agent.

Q: If a principal does not ratify an unauthorized contract, the principal is not bound.

Q: If a principal ratifies a contract without knowing all of the facts, the principal can rescind the contract.

Q: If a principal does not ratify an authorized contract, the principal is not bound.

Q: For an agent's implied authority to be effective, a principal must ratify it.

Q: The equal dignity rule requires that a principal and agent treat each other with "equal dignity."

Q: Giving an agent a power of attorney confers implied authority.

Q: Authority declared in clear, direct, definite terms is express authority.

Q: A principal owes an agent a duty of compensation.

Q: If a principal cannot be contacted in an emergency situation, an agent cannot deviate from previously given instructions.

Q: An agent has a duty to keep and make available to the principal an account of all property and funds received and paid out on behalf of the principal.

Q: It is basic tenet of agency law that notice to the agent is notice to the principal.

Q: Remedies of the agent for breach of duty by the principal arise out of contract and tort law.

Q: Generally, the agent owes the principal no duties.

Q: An agency relationship may occur by operation of law in a family.

Q: A principal who causes a third person to believe that another person is the principal's agent can be estopped from denying the agency relationship.

Q: An agency relationship cannot exist in the absence of a formal agreement.

Q: An agency relationship must be based on an express or implied agreement that the agent will act for principal and that the principal agrees to have the agent so act.

Q: An agency relationship created for an illegal purpose is enforceable.

Q: A person must have contractual capacity to be an agent.

Q: An agency relationship can only be formed with a written agreement.

Q: An independent contractor is an employer who controls his or her agent's performance.

Q: The relationship between a principal and an independent contractor always involves an agency relationship.

Q: An independent contractor is an employee.

Q: Real estate brokers are independent contractors.

Q: An employer has no control over an employee's work.

Q: Employees who deal with third parties are agents of their employers.