HRM 3110 Employment and Labor Law (D352)
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Free HRM 3110 Employment and Labor Law (D352) Questions
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.
Which of the following statements is not true regarding unions in Texas
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According to the Bureau of Labor Statistics, as of 2017 only 4.7% of wage and salaried employees in Texas belong to labor unions.
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Texas law protects the right of public employees to strike so that employment conditions can be negotiated between employer and employee.
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As a "right to work state", employees cannot be required to join the union as a condition of employment.
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While private sector labor unions exist, they are not powerful and represent only a small fraction of workers.
Explanation
Correct Answer B: Texas law protects the right of public employees to strike so that employment conditions can be negotiated between employer and employee.
Explanation:
In Texas, public employees are not allowed to strike, and Texas law does not protect such strikes. Public sector workers may negotiate employment conditions, but they do not have the right to strike to enforce them.
Why other options are correct:
A) According to the Bureau of Labor Statistics, as of 2017 only 4.7% of wage and salaried employees in Texas belong to labor unions:
This is accurate, reflecting the low union membership in Texas.
C) As a "right to work state", employees cannot be required to join the union as a condition of employment:
This is a correct statement, as Texas is a right-to-work state, where union membership cannot be a condition for employment.
D) While private sector labor unions exist, they are not powerful and represent only a small fraction of workers:
This is true, as unions in Texas are not very strong in the private sector.
An employee whose primary duty is the performance of work requiring advanced knowledge in a field of science or learning that is customarily acquired by a prolonged course of specialized intellectual instruction
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Reasonable Person Standard
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General Duty Clause under OSHA
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Worker's Compensation
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Professional Employee under FLSA
Explanation
Correct Answer D. Professional Employee under FLSA
Explanation
A professional employee under the Fair Labor Standards Act (FLSA) is one whose primary duties involve advanced knowledge in a specialized field, typically gained through extensive education.
Why other options are wrong
A. Reasonable Person Standard: This is a legal standard used in negligence cases to determine if someone acted as a reasonable person would, but it does not define an employee classification.
B. General Duty Clause under OSHA: This clause requires employers to provide a safe work environment but does not define types of employees.
C. Worker's Compensation: This is a system that provides benefits to employees injured on the job, not a classification of employees.
A federal law enacted in 1959 that established a system of reporting and checks intended to uncover and prevent fraud and corruption among union officials by regulating internal operating procedures and union matters
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Labor-Management Reporting and Disclosure Act
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Tortious Interference of Contract
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Employee Retirement Income Security Act (ERISA)
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Employee Retirement Income Security Act
Explanation
Correct Answer A: Labor-Management Reporting and Disclosure Act
Explanation
The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, also known as the Landrum-Griffin Act, was enacted to regulate labor unions and ensure transparency, democratic governance, and financial integrity among union officials.
Why other options are wrong
B. Tortious Interference of Contract: This refers to a legal claim against someone who improperly induces a contract breach, not a labor law regulating unions.
C. Employee Retirement Income Security Act (ERISA): This act protects employees' pension and retirement benefits but does not regulate union operations.
D' Employee Retirement Income Security Act: This is a duplicate of option C and does not relate to union fraud prevention.
A wrongful act or an infringement of a right (other than under contract) leading to civil legal liability
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Tort
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Mediation
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Common Law
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Bargaining Unit
Explanation
Correct Answer A: Tort
Explanation
A tort is a civil wrongdoing that results in harm or injury, leading to legal liability. It includes negligence, defamation, and intentional wrongs like assault or fraud.
Why other options are wrong
B. Mediation: Mediation is a dispute resolution process involving a neutral third party, not a legal wrongdoing.
C. Common Law: Common law refers to laws derived from judicial decisions and precedents rather than statutes, and it is not specifically about wrongful acts.
D. Bargaining Unit: A bargaining unit is a group of employees represented by a union for collective bargaining purposes, unrelated to civil legal liability.
Covers all employers engaged in interstate commerce
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Equal Pay Act
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Wagner Act
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OSH Act
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USERRA
Explanation
Correct Answer C: OSH Act
Explanation
The Occupational Safety and Health Act (OSH Act) applies to all employers engaged in interstate commerce, setting workplace health and safety standards to ensure safe working conditions for employees.
Why other options are wrong
A. Equal Pay Act: This law addresses wage discrimination based on gender but does not apply to all employers engaged in interstate commerce.
B. Wagner Act: This law protects workers' rights to organize and bargain collectively but does not regulate all employers engaged in interstate commerce.
D. USERRA: This law protects employment rights for military service members but is not a broad workplace regulation for interstate commerce.
When different groups of people have different scores designated as "passing" grades on a test for employment
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Race Norming
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Mixed Motive
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Retaliation
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Reverse Discrimination
Explanation
Correct Answer A. Race Norming
Explanation
Race norming is the practice of adjusting test scores based on race or ethnicity to ensure that different demographic groups meet designated passing grades. This practice was banned by the Civil Rights Act of 1991.
Why other options are wrong
B. Mixed Motive:
A mixed-motive case involves an employment decision influenced by both legitimate and discriminatory factors, but it does not relate to test score adjustments.
C. Retaliation:
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity, such as reporting discrimination.
D. Reverse Discrimination:
Reverse discrimination refers to bias against majority groups, typically due to affirmative action policies, but it does not specifically involve altering test scores.
Protects against unreasonable search and seizure
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Fourth Amendment
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Fifth Amendment
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Due Process
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Public Policy Exception
Explanation
Correct Answer A: Fourth Amendment
Explanation
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by the government, ensuring that searches require a warrant or probable cause.
Why other options are wrong
B. Fifth Amendment: The Fifth Amendment protects against self-incrimination, double jeopardy, and guarantees due process, but it does not address searches and seizures.
C. Due Process: Due process refers to fair treatment under the law, typically under the Fifth and Fourteenth Amendments, but it does not specifically protect against searches and seizures.
D. Public Policy Exception: This is an exception to the employment-at-will doctrine, protecting employees from being fired for reasons that violate public policy, unrelated to search and seizure rights.
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.
Discrimination on other protected class grounds is not contested where ministerial positions with spiritual functions are involved
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Ministerial Exception
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Permissive Bargaining Subjects
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Nonsuspect Class
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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.
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