Employment Law (C233 )
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Free Employment Law (C233 ) Questions
What does the Age Discrimination in Employment Act (ADEA) protect
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Employees age 40 and over
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Employees age 30 and over
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Employees of any age
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Employees age 50 and over
Explanation
Correct Answer:
A. Employees age 40 and over
Explanation:
The ADEA protects employees and job applicants who are 40 years old or older from discrimination based on age. It applies to various employment practices, such as hiring, promotions, and terminations.
Why other options are wrong:
B Employees age 30 and over: The ADEA does not extend protections to employees under the age of 40.
C Employees of any age: The ADEA specifically protects individuals who are 40 years or older, not employees of any age.
D Employees age 50 and over: While employees aged 50 and over are covered, the ADEA begins protections at age 40.
The federal act that allows an employee to continue company health care benefits for up to eighteen months or more when leaving a job at their own expense is known as
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The Fair Credit Reporting Act (FCRA)
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The Equal Pay Act (EPA)
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The Consolidated Omnibus Budget Reconciliation Act (COBRA)
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The Americans with Disabilities Act (ADA)
Explanation
Correct Answer C. The Consolidated Omnibus Budget Reconciliation Act (COBRA)
Explanation
The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees to continue their health insurance coverage at their own expense for a limited time after losing their job or experiencing another qualifying event. This ensures temporary health insurance continuity while transitioning to new employment or other coverage.
Why other options are wrong
A. The Fair Credit Reporting Act (FCRA)
This act deals with the accuracy, fairness, and privacy of consumer credit information and is unrelated to health care benefits.
B. The Equal Pay Act (EPA)
The EPA addresses wage discrimination and ensures equal pay for equal work, but it does not cover health insurance benefits.
D. The Americans with Disabilities Act (ADA)
The ADA protects individuals with disabilities from discrimination but does not specifically address continuation of health care benefits upon leaving a job
When an employer makes an invasion into the private affairs of an employee, it may be the tort of invasion of privacy. Which of the following is not included in the categories of invasion of privacy
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Monitoring of company computers
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Public disclosure of private facts
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Appropriation of image or likeness
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Intrusion upon seclusion
Explanation
Correct Answer A. Monitoring of company computers
Explanation
Monitoring of company computers is generally not considered an invasion of privacy because employers have the right to monitor the use of their equipment and systems to ensure proper usage. Employees typically have limited expectations of privacy when using company resources.
Why other options are wrong
B. Public disclosure of private facts
This category involves revealing private information about an individual without their consent and is a recognized form of invasion of privacy.
C. Appropriation of image or likeness
This category refers to using someone’s image or likeness without consent for commercial purposes and constitutes a violation of privacy.
D. Intrusion upon seclusion
This category includes activities such as unauthorized surveillance or accessing personal information without consent, which is considered an invasion of privacy.
Two corporations have combined their management and operations into a single place with 30 total employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law
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Enterprise
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Realities test
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Clause
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Decisis
Explanation
Correct Answer
A. Enterprise
Explanation
The enterprise theory treats two or more companies as a single employer when their operations and management are closely integrated. This combination of resources, operations, and employees means the companies are now jointly responsible for complying with federal employment laws.
Why other options are wrong
B. Realities test is used to determine the employment classification of workers, such as independent contractors versus employees, and does not apply to the integration of corporate operations.
C. Clause is not a recognized term in describing this type of business relationship. It lacks relevance in the context of employment law compliance for combined operations.
D. Decisis is a legal doctrine used in judicial decision-making and is unrelated to the classification of combined corporate operations.
What is the most true statement regarding Juanita's situation with Marco at Sales R Us
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Juanita has to confront Marco before she can take any course of action.
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Juanita has a claim of sexual harassment against her supervisor and Sales R Us may be held liable because of the agency relationship.
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Do nothing since Marco is not employed by Sales R Us so no direct authority.
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Juanita has a claim of sexual harassment against her supervisor but not Sales R Us.
Explanation
Correct Answer B. Juanita has a claim of sexual harassment against her supervisor and Sales R Us may be held liable because of the agency relationship.
Explanation
Employers can be held vicariously liable for harassment by a supervisor if it results in a tangible employment action (e.g., termination, demotion) or if the employer failed to take reasonable preventive and corrective measures. If Juanita’s supervisor is involved, Sales R Us could be responsible under the agency relationship.
Why other options are wrong
A. Juanita has to confront Marco before she can take any course of action.
Victims are not required to confront the harasser directly; they can report the behavior through appropriate channels without directly engaging the harasser.
C. Do nothing since Marco is not employed by Sales R Us so no direct authority.
While Macro may not be employed by Sales R Us, Juanita's claim against her supervisor and the company may still proceed if her supervisor’s actions created a hostile work environment.
D. Juanita has a claim of sexual harassment against her supervisor but not Sales R Us.
This is incorrect because Sales R Us, as the employer, may still be liable under the agency principle if it failed to prevent or address the harassment.
What does the Employee Retirement Income Security Act (ERISA) require employers to do
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Provide retirement benefits to all employees
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Interfere with employee benefit rights
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Deliver promised benefits
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Offer compensation plans
Explanation
Correct Answer C. Deliver promised benefits
Explanation
ERISA ensures that employers manage and maintain benefit plans, including retirement and health plans, in the best interest of employees. It requires that promised benefits be delivered and protects employees' rights to these benefits.
Why other options are wrong
A Provide retirement benefits to all employees
ERISA does not mandate employers to offer retirement benefits to all employees; it regulates how these benefits must be managed if they are offered.
B Interfere with employee benefit rights
ERISA explicitly protects employees from interference with their benefit rights, making this option incorrect.
D Offer compensation plans
While ERISA may regulate compensation-related benefits, it does not specifically require employers to offer compensation plans.
What is the punishment for violating the Drug Free Workplace Act
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Enforcement through Federal Courts
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Injunctions
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Fines
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Compensation for lost wages
Explanation
Correct Answer A. Enforcement through Federal Courts
Explanation
The Drug Free Workplace Act primarily applies to federal contractors and grant recipients, requiring them to maintain a drug-free workplace. Violations may result in enforcement actions through federal courts, including contract termination or loss of federal funding.
Why other options are wrong
B. Injunctions
While injunctions might be involved in some cases, they are not the primary enforcement mechanism for this act.
C. Fines
The Drug Free Workplace Act does not generally impose fines but instead focuses on compliance through contractual and funding consequences.
D. Compensation for lost wages
This is not a relevant punishment under the Drug Free Workplace Act. The act is focused on compliance requirements for workplace policies rather than employee compensation.
What is the purpose and function of law
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Prevent undesirable behavior and promote desirable behavior
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Enforce state regulations
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Facilitate government corruption
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Limit individual freedom
Explanation
Correct Answer:
A. Prevent undesirable behavior and promote desirable behavior
Explanation:
The purpose of law is to maintain societal order by preventing undesirable actions (e.g., crimes) and encouraging behavior that benefits society. Laws create a framework for resolving disputes, protecting rights, and ensuring fairness.
Why other options are wrong:
B Enforce state regulations: While laws may include state regulations, their purpose extends beyond enforcement to include maintaining order and promoting justice.
C Facilitate government corruption: Laws aim to prevent corruption, not facilitate it, by creating checks and balances and ensuring accountability.
D Limit individual freedom: Laws are not designed to limit freedom arbitrarily but to balance individual rights with societal welfare.
What test is Blake likely using to determine Mohammad's employment status as an independent contractor
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Economic Realities Test
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Common Sense
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IRS Analysis
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Department of Test
Explanation
Correct Answer A: Economic Realities Test
Explanation
The Economic Realities Test is commonly used to determine whether a worker qualifies as an independent contractor or an employee. This test evaluates various factors, including the level of control the employer has over the worker and the worker's opportunity for profit or loss.
Why other options are wrong
B. Common Sense
While common sense may play a role in decision-making, it is not a recognized legal framework for determining employment status.
C. IRS Analysis
Although the IRS has its own guidelines for classification, the Economic Realities Test is a separate, more comprehensive test often used by courts.
D. Department of Test
This option is fictional and not relevant to employment classification.
What is the scope of the Fair Labor Standards Act (FLSA)
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Protects against discrimination
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Establishes retirement benefits
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Provides for a federal minimum wage
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Ensures equal pay for equal work
Explanation
Correct Answer C. Provides for a federal minimum wage
Explanation
The Fair Labor Standards Act (FLSA) establishes federal regulations regarding minimum wage, overtime pay, recordkeeping, and child labor standards. It ensures fair treatment for employees under these guidelines.
Why other options are wrong
A Protects against discrimination
Protection against discrimination is covered under Title VII of the Civil Rights Act and other specific acts, not the FLSA.
B Establishes retirement benefits
The FLSA does not address retirement benefits; this is under the scope of ERISA.
D Ensures equal pay for equal work
While related topics are covered under the Equal Pay Act (an amendment to the FLSA), the primary focus of the FLSA itself is minimum wage and overtime provisions.
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