HRM 3110 Employment and Labor Law (D352)
Pass your Employment and Labor Law Exam Easily!
Is the quantity of endless eBooks and revision papers creates a difficulty for you? Subscribe at Ulosca and get exclusive access to 3110 D352 Employment and Labor Law study resources.
Ulosca's database provides 100+ perfectly designed practice questions with complete answers which enable fast comprehension of essential subject material.
Study time becomes more efficient because our practice questions will both deepen your comprehension while making you ready for actual exam conditions. Students should study for exams effectively through organized preparation methods that make them ready for tests. Subscribe at Ulosca and gain instant access to stress-free academic life.
Rated 4.8/5 from over 1000+ reviews
- Unlimited Exact Practice Test Questions
- Trusted By 200 Million Students and Professors
What’s Included:
- Unlock 0 + Actual Exam Questions and Answers for HRM 3110 Employment and Labor Law (D352) on monthly basis
- Well-structured questions covering all topics, accompanied by organized images.
- Learn from mistakes with detailed answer explanations.
- Easy To understand explanations for all students.
Free HRM 3110 Employment and Labor Law (D352) Questions
An increase in technology that enhances labor productivity will likely result in
-
a decrease in labor employment and an increase in the wage rate.
-
an increase in labor employment and an increase in the wage rate.
-
A decrease in labor employment and a decrease in the wage rate.
-
an increase in labor employment and a decrease in the wage rate
Explanation
Correct Answer A: a decrease in labor employment and an increase in the wage rate.
Explanation
When technology improves labor productivity, fewer workers may be needed to produce the same amount of output, leading to a decrease in employment. However, because productivity per worker increases, businesses may be willing to pay higher wages to retain skilled workers who can operate the new technology.
Why other options are wrong
B. An increase in labor employment and an increase in the wage rate: While wages may rise due to higher productivity, employment is likely to decrease as automation and efficiency reduce the need for labor.
C. A decrease in labor employment and a decrease in the wage rate: Although employment might decrease, higher productivity generally leads to higher wages rather than lower ones.
D. An increase in labor employment and a decrease in the wage rate: Increased productivity usually leads to wage increases rather than decreases, and employment tends to decline when technology reduces labor demand.
An intentional tort in which the defendant improperly induced a third party to breach a contract with the plaintiff
-
Negligent misrepresentation of facts
-
Tortious interference with a contract
-
Breach of fiduciary duty to shareholders
-
Fraudulent concealment of evidence
Explanation
Correct Answer B: Tortious interference with a contract
Explanation
Tortious interference with a contract occurs when a person deliberately persuades a third party to breach a contract, causing harm to the original contracting party.
Why other options are wrong
A. Negligent misrepresentation of facts: This involves making false statements carelessly, but it does not necessarily involve contract interference.
C. Breach of fiduciary duty to shareholders: This occurs when company executives or directors fail to act in the best interests of shareholders, which is different from interfering with a contract.
D. Fraudulent concealment of evidence: This involves deliberately hiding evidence in legal proceedings, not inducing a contract breach.
Discrimination on other protected class grounds is not contested where ministerial positions with spiritual functions are involved
-
Ministerial Exception
-
Permissive Bargaining Subjects
-
Nonsuspect Class
-
Voluntary Recognition
Explanation
Correct Answer A: Ministerial Exception
Explanation
The ministerial exception allows religious organizations to make employment decisions regarding ministerial roles without being subject to anti-discrimination laws, preserving religious freedom.
Why other options are wrong
B. Permissive Bargaining Subjects: These are optional topics in collective bargaining negotiations and have no relevance to religious employment discrimination.
C. Nonsuspect Class: This refers to groups that do not receive heightened scrutiny in discrimination claims, which is unrelated to the ministerial exception.
D. Voluntary Recognition: This refers to an employer recognizing a union without requiring a formal election, not religious employment exemptions.
How many members make up the EEOC
-
Three
-
Four
-
Five
-
Two
Explanation
Correct Answer C: Five
Explanation
The Equal Employment Opportunity Commission (EEOC) consists of five members, who are appointed by the President and confirmed by the Senate. These commissioners serve staggered five-year terms.
Why other options are wrong
A. Three: The EEOC has five commissioners, not three.
B. Four: The number of EEOC commissioners is an odd number to prevent tie votes.
D. Two: A two-member EEOC would not be able to function effectively in making policy decisions.
Act that makes it unlawful for employers to use polygraphs in employment decisions except for a few narrowly defined exceptions for "security-sensitive" positions
-
Drug-Free Workplace Act
-
Fair Labor Standards Act
-
Taft-Hartley Act
-
Employee Polygraph Protection Act
Explanation
Correct Answer D: Employee Polygraph Protection Act
Explanation
The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests for pre-employment screening or during employment. It allows limited exceptions for government jobs and certain security-sensitive positions.
Why other options are wrong
A. Drug-Free Workplace Act: This law requires certain federal contractors and grant recipients to maintain a drug-free workplace but does not regulate polygraph testing.
B. Fair Labor Standards Act: The FLSA regulates minimum wage, overtime, and child labor but does not address polygraph use.
C. Taft-Hartley Act: This labor law restricts certain union practices and outlines employer rights in labor relations but does not relate to lie detector tests.
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact
-
Mediation
-
Common Law
-
Administrative Law Judge
-
The DBPR
Explanation
Correct Answer C: Administrative Law Judge
Explanation
An Administrative Law Judge (ALJ) is a government-appointed official who conducts hearings on regulatory and administrative matters, making rulings based on evidence presented.
Why other options are wrong
A. Mediation: Mediation involves a neutral third party helping disputing parties reach a voluntary agreement, but a mediator does not have judicial authority.
B. Common Law: This is a legal system based on court precedents rather than statutes, and it does not refer to a specific legal official.
D. The DBPR: This refers to the Department of Business and Professional Regulation, which oversees certain industries but does not describe a judicial role.
The legal obligation of a fiduciary to act in the best interests of the party to whom they owe a duty
-
Vicarious Liability
-
Fiduciary Duty
-
Due Diligence
-
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.
Comparing an applicant's scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup
-
Retaliation
-
Mixed motive
-
Reverse discrimination
-
Race norming
Explanation
Correct Answer D: Race norming
Explanation
Race norming is the practice of adjusting scores based on race, which was banned in employment testing under the Civil Rights Act of 1991.
Why other options are wrong
A. Retaliation: This involves punishing someone for engaging in protected activities, not adjusting test scores based on race.
B. Mixed motive: This occurs when an employment decision is based on both legitimate and discriminatory reasons, not race-based score adjustments.
C. Reverse discrimination: This refers to discrimination against majority groups, but it does not specifically describe the practice of setting different cutoff scores for different racial groups.
Signed statements by employees indicating that they wish to unionize and/or are electing to be represented by an existing union
-
Authorization cards
-
Collective bargaining
-
Mediation
-
Labor relations
Explanation
Correct Answer A: Authorization cards
Explanation
Authorization cards are signed by employees to indicate their support for union representation. These cards can be used to request a union election or to establish a union through card check recognition.
Why other options are wrong
B. Collective bargaining: This refers to negotiations between unions and employers, not the process of authorizing a union.
C. Mediation: Mediation is a method of resolving disputes, not a step in union formation.
D. Labor relations: This is a broad term covering employer-employee interactions, not specifically union authorization.
A legal doctrine that holds that an employer is not liable for the negligence of an employee if the employee is in the same position as the injured party
-
Negligent Hiring
-
Content Validity
-
Fellow-Servant Doctrine
-
Mixed Motive
Explanation
Correct Answer C: Fellow-Servant Doctrine
Explanation
The fellow-servant doctrine is a legal principle that exempts employers from liability if an employee is injured due to the negligence of a fellow employee, rather than the employer’s negligence.
Why other options are wrong
A. Negligent Hiring: Negligent hiring occurs when an employer fails to properly screen an employee who then causes harm, but it does not relate to co-worker liability.
B. Content Validity: Content validity refers to whether a test accurately measures the skills required for a job and is unrelated to employer liability.
D. Mixed Motive: A mixed-motive case involves an employment decision influenced by both legitimate and discriminatory factors, not liability for co-worker negligence.
How to Order
Select Your Exam
Click on your desired exam to open its dedicated page with resources like practice questions, flashcards, and study guides.Choose what to focus on, Your selected exam is saved for quick access Once you log in.
Subscribe
Hit the Subscribe button on the platform. With your subscription, you will enjoy unlimited access to all practice questions and resources for a full 1-month period. After the month has elapsed, you can choose to resubscribe to continue benefiting from our comprehensive exam preparation tools and resources.
Pay and unlock the practice Questions
Once your payment is processed, you’ll immediately unlock access to all practice questions tailored to your selected exam for 1 month .
3110 D352 Employment and Labor Law course Study Notes, enriched with examples and case studies
1. Introduction to Employment and Labor Law
Definition and Scope:
Employment and labor law deals with the rights and duties between employers and employees, as well as the relationships between labor unions, employer associations, and the government. It covers everything from wage laws to workplace safety and discrimination. This body of law is meant to ensure fairness, protect employees, and maintain a balance in the employer-employee relationship.
Key Sources of Employment Law:
- Statutory Laws: These include federal laws like the Fair Labor Standards Act (FLSA), the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA).
- Case Law: Court decisions that interpret and apply statutory law.
- Administrative Regulations: Rules from agencies like the Equal Employment Opportunity Commission (EEOC) and Occupational Safety and Health Administration (OSHA).
2. The Employment Relationship
Types of Employment:
- At-Will Employment: This is the default form of employment in most U.S. states. It means that either the employee or the employer can terminate the relationship at any time, for any reason, as long as it is not discriminatory or in violation of the law.
Example: Jane works as a sales manager for XYZ Corp. She can leave her job at any time without giving notice, and XYZ Corp. can terminate her at any time, provided the reason isn’t illegal (e.g., discrimination).
- Contract Employment: In contrast to at-will employment, a contract of employment creates a specific agreement, often with terms about compensation, termination procedures, and work duties.
Example: A software developer hired for a three-year project with a specific salary and benefits package is in a contractual employment relationship.
Employment Agreements:
These are written or verbal agreements outlining the terms of the employment relationship, such as job duties, compensation, and conditions of termination.
3. Wage and Hour Laws
Minimum Wage:
The Fair Labor Standards Act (FLSA) sets the federal minimum wage in the U.S. However, states may establish their own minimum wage laws that are higher than the federal standard.
Example: The federal minimum wage in 2023 is $7.25 per hour. However, California's minimum wage is $15.50 per hour, which is higher than the federal rate.
Overtime:
Under the FLSA, non-exempt employees must be paid time-and-a-half for hours worked over 40 in a week.
4. Discrimination in Employment
Federal Anti-Discrimination Laws:
- Civil Rights Act of 1964 (Title VII): Prohibits discrimination based on race, color, religion, sex, or national origin.
- Equal Pay Act of 1963: Requires equal pay for equal work regardless of gender.
- Americans with Disabilities Act (ADA): Prevents discrimination against individuals with disabilities and requires reasonable accommodation by employers.
- Age Discrimination in Employment Act (ADEA): Protects individuals over 40 from discrimination based on age.
Example: A company fires an employee due to her pregnancy. This violates the Pregnancy Discrimination Act under Title VII, as pregnancy discrimination is considered sex discrimination.
Discriminatory Practices: Employers must avoid practices that disproportionately affect certain groups of employees, such as racial profiling in hiring, pay disparities between genders, or refusing to hire based on someone’s disability.
5. Workplace Safety and Health
Occupational Safety and Health Act (OSHA):
OSHA establishes and enforces workplace safety standards to prevent accidents, injuries, and deaths in the workplace. Employers must provide a safe work environment for their employees.
Example: A construction company must provide hard hats and safety training to its workers to comply with OSHA’s regulations.
Workers’ Compensation:
This system provides benefits to employees who suffer job-related injuries or illnesses, covering medical expenses, rehabilitation, and lost wages.
6. Employee Benefits and Rights
Family and Medical Leave Act (FMLA):
FMLA allows eligible employees to take up to 12 weeks of unpaid leave for serious medical conditions, childbirth, or to care for a family member.
Example: An employee who needs to take time off to care for a sick parent can use FMLA leave, provided they meet the eligibility requirements.
Health Insurance and ACA:
The Affordable Care Act (ACA) requires employers with 50 or more employees to provide health insurance to full-time workers. If employers don’t offer coverage, they may face penalties.
Retirement Benefits:
The Employee Retirement Income Security Act (ERISA) governs pension and retirement plans to ensure that employers meet their obligations to employees.
7. Labor Unions and Collective Bargaining
Unionization:
Unions represent employees in negotiating employment terms, such as wages, benefits, and working conditions.
Example: In the U.S., workers in the auto industry have been historically unionized through the United Auto Workers (UAW), negotiating contracts that provide for better wages and benefits.
National Labor Relations Act (NLRA):
The NLRA protects employees' rights to organize, join unions, and engage in collective bargaining. It also prohibits employers from interfering with union activities.
8. Termination of Employment
Wrongful Termination:
Termination is wrongful if it violates federal or state law, such as firing based on discrimination or retaliation.
Example: Firing an employee for filing a sexual harassment complaint is considered wrongful termination under Title VII.
Severance Pay:
This is compensation offered to employees when they are laid off or terminated, often provided in employment contracts or company policies.
9. Recent Trends in Employment and Labor Law
Remote Work Regulations:
With the rise of telecommuting, new regulations address remote work, ensuring that employees working from home are subject to the same protections as those in physical workplaces.
Gig Economy and Employment Status:
Workers in gig economies (e.g., Uber drivers) are often classified as independent contractors. This raises questions about their entitlement to benefits such as health insurance and overtime pay.
Workplace Diversity and Inclusion:
Employers are increasingly required to implement practices that ensure equal opportunity and prevent discrimination, creating inclusive work environments for all employees.