HRM 3110 Employment and Labor Law (D352)
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Free HRM 3110 Employment and Labor Law (D352) Questions
Work stoppages at union contract operations that have not been sanctioned by the union
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Unfair labor practices strike
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Impasse
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Wildcat strike
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Economic strike
Explanation
Correct Answer C: Wildcat strike
Explanation
A wildcat strike occurs when employees stop working without the official approval or sanction of their union. These strikes are often spontaneous and violate the union contract, potentially exposing employees to disciplinary action.
Why other options are wrong
A. Unfair labor practices strike: This is a strike protesting illegal actions by the employer, such as interfering with union rights.
B. Impasse: This refers to a deadlock in negotiations, not an actual strike.
D. Economic strike: This occurs when employees strike to obtain better wages or benefits, usually with union approval.
An employee who is not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.
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Key Employee
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Non-exempt Employee
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Full-Time Employee
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Salaried Employee
Explanation
Correct Answer B. Non-exempt Employee
Explanation
A non-exempt employee is entitled to minimum wage and overtime pay under the Fair Labor Standards Act (FLSA) because their job duties do not meet the criteria for exemption.
Why other options are wrong
A. Key Employee: This term is used in business contexts to refer to employees crucial to an organization's operations, but it does not determine FLSA exemption status.
C. Full-Time Employee: Full-time status is based on work hours but does not necessarily indicate whether an employee is exempt or non-exempt under the FLSA.
D. Salaried Employee: Being salaried does not automatically make an employee exempt; exemption depends on job duties and salary level.
Civil wrongs committed by one party against another in the workplace
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Labor Relations
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Workplace Torts
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Negligent Hiring
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Worker's Compensation
Explanation
Correct Answer B: Workplace Torts
Explanation
Workplace torts refer to civil wrongs, such as defamation, invasion of privacy, or intentional infliction of emotional distress, that occur in the workplace and can lead to legal action.
Why other options are wrong
A. Labor Relations: This refers to the relationship between employers and employees, particularly in collective bargaining, and does not deal with civil wrongs.
C. Negligent Hiring: This is a legal claim against an employer for failing to properly screen an employee who later causes harm, but it is a specific type of workplace tort rather than the general concept.
D. Worker's Compesatinon: This provides benefits to employees injured on the job but does not cover general civil wrongs in the workplace.
The practice or policy of favoring individuals belonging to groups known to have been discriminated against previously
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Disparate Treatment
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Retaliation
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Reverse Discrimination
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Mediation
Explanation
Correct Answer C: Reverse Discrimination
Explanation
Reverse discrimination refers to policies or practices that give preferential treatment to historically disadvantaged groups, sometimes leading to claims of unfair treatment against majority group members.
Why other options are wrong
A. Disparate Treatment: This occurs when individuals are treated differently based on a protected characteristic, but it does not specifically favor historically disadvantaged groups.
B. Retaliation: This involves punishing an employee for engaging in legally protected activities, such as filing a complaint or whistleblowing.
D. Mediation: Mediation is a conflict-resolution process involving a neutral third party and does not relate to favoring certain groups.
The legal obligation of a fiduciary to act in the best interests of the party to whom they owe a duty
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Vicarious Liability
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Fiduciary Duty
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Due Diligence
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Duty Of Loyalty
Explanation
Correct Answer B: Fiduciary Duty
Explanation
A fiduciary duty is the legal obligation of one party to act in the best interests of another. This duty typically arises in relationships involving trust, such as between employers and employees, trustees and beneficiaries, or corporate officers and shareholders.
Why other options are wrong
A. Vicarious Liability: This refers to an employer or principal being held responsible for the actions of their employees or agents, rather than a duty of acting in another’s best interest.
C. Due Diligence: This refers to a thorough investigation or effort to avoid harm, often in business transactions, but does not specifically require acting in someone else's best interest.
D. Duty Of Loyalty: While similar to fiduciary duty, the duty of loyalty is a narrower concept focusing on avoiding conflicts of interest rather than a broader obligation to act in the best interests of another party.
Results when employees from protected groups are intentionally treated differently
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Due Process
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Retaliation
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Disparate Treatment
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Quid Pro Quo
Explanation
Correct Answer C: Disparate Treatment
Explanation
Disparate treatment occurs when an employer intentionally treats employees differently based on their race, gender, age, or other protected characteristics.
Why other options are wrong
A. Due Process: This refers to the fair legal procedures that must be followed before depriving someone of their rights, not workplace discrimination.
B. Retaliation: This happens when an employer punishes an employee for engaging in legally protected activities, such as filing a discrimination complaint.
D. Quid Pro Quo: This term is often used in sexual harassment cases, where job benefits are conditioned on sexual favors, rather than general discrimination.
Legislation that requires employers to pay men and women equal wages for equal work
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Lilly Ledbetter Fair Pay Act
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Equal Pay Act
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OSH Act
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Fair Labor Standards Act
Explanation
Correct Answer B: Equal Pay Act
Explanation
The Equal Pay Act of 1963 mandates that men and women receive equal pay for substantially similar work requiring equal skill, effort, and responsibility under similar working conditions.
Why other options are wrong
A. Lilly Ledbetter Fair Pay Act: This law deals with the time frame for filing wage discrimination claims but does not establish the requirement for equal pay.
C. OSH Act: The Occupational Safety and Health Act focuses on workplace safety and health regulations, not wages.
D. Fair Labor Standards Act: The FLSA establishes minimum wage, overtime, and child labor protections but does not specifically mandate equal pay between genders.
A system of law based on precedent and customs is called
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Statutory Law
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Common Law
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Workplace Torts
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Civil Law
Explanation
Correct Answer B: Common Law
Explanation
Common Law is a legal system where past judicial decisions (precedents) and customs shape future rulings. It is used in many English-speaking countries, including the United States.
Why other options are wrong
A. Statutory Law: This consists of laws enacted by legislative bodies, not based on precedent.
C. Workplace Torts: These are civil wrongs in the workplace, not a legal system.
D. Civil Law: While civil law deals with private disputes, it is a distinct legal system that relies on codified statutes rather than precedent.
The extent to which variables measure what they are supposed to measure
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Constructive discharge
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Disparate impact
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Construct validity
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Business necessity
Explanation
Correct Answer C: Construct validity
Explanation
Construct validity refers to how well a test or measurement tool accurately assesses the theoretical concept it is intended to measure. It ensures that the test results truly
reflect the construct being examined.
Why other options are wrong
A. Constructive discharge: This refers to an employee feeling forced to resign due to intolerable working conditions, unrelated to measurement validity.
B. Disparate impact: This occurs when an employment practice disproportionately affects a protected group, which is a legal issue rather than a measurement concern.
D. Business necessity: This legal defense justifies an employer’s practice that may have a discriminatory effect if it is essential for the business, not a measurement validity concept.
If Karen and Anika decide not to hire any males in their business, this decision would
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Be in violation of an Equal Employment Opportunity law.
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Be at their discretion since it is their private business.
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Be in violation of a health and safety law.
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Be in violation of a labor relation law.
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Be a wise move since their business attracts more females than males
Explanation
Correct Answer A: Be in violation of an Equal Employment Opportunity law.
Explanation:
Discriminating against individuals based on sex, such as refusing to hire males, would violate the Equal Employment Opportunity laws (such as Title VII of the Civil Rights Act of 1964), which prohibit discrimination in hiring, firing, and other employment practices on the basis of sex, among other protected characteristics.
Why other options are wrong:
B) Be at their discretion since it is their private business: Discrimination based on sex is prohibited regardless of the business being private or public.
C) Be in violation of a health and safety law: This scenario is about hiring discrimination, not health and safety.
D) Be in violation of a labor relation law: While labor laws cover unionization and collective bargaining, this situation is about employment discrimination.
E) Be a wise move since their business attracts more females than males: Even if the business has a predominance of female customers or employees, discrimination based on sex is still illegal.
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