HRM 3110 Employment and Labor Law (D352)
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Free HRM 3110 Employment and Labor Law (D352) Questions
The fourth step of filing an EEOC Discrimination complaint
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EEOC conducts an investigation on-site
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EEOC sends complaint to employer
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EEOC provides mediation services to both parties
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EEOC issues a public statement about the complaint
Explanation
Correct Answer C: EEOC provides mediation services to both parties
Explanation
After a discrimination complaint is filed, the EEOC offers mediation as an alternative dispute resolution method before proceeding with a full investigation.
Why other options are wrong
A. EEOC conducts an investigation on-site: Investigations may happen later, but mediation is offered first.
B. EEOC sends a complaint to the employer: This happens early in the process, not as the fourth step.
D. EEOC issues a public statement about the complaint: The EEOC does not make public statements about individual complaints during the process.
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.
Legislation that prohibits employment discrimination against individuals who are 40 years of age or older
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Senior Employment Rights Act (SERA)
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Age Discrimination in Employment Act (ADEA)
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Retirement Age Adjustment Act (RAAA)
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Youth Employment Protection Act (YEPA)
Explanation
Correct Answer B: Age Discrimination in Employment Act (ADEA)
Explanation
The ADEA protects individuals 40 years of age and older from employment discrimination based on age. It applies to hiring, promotion, compensation, and other employment decisions.
Why other options are wrong
A. Senior Employment Rights Act (SERA): This is not an actual federal law.
C. Retirement Age Adjustment Act (RAAA): No such legislation exists under this name.
D. Youth Employment Protection Act (YEPA): This would apply to younger workers, whereas the ADEA protects older employees.
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.
Which of the following is true of a labor market with a bilateral monopoly
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Employment will be greater than in a competitive labor market and wages will be higher.
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Employment will be equal to that in a competitive labor market.
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Employment will be less than in a competitive labor market and wages will be lower.
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Employment will be less than in a competitive labor market, and wages may be higher or lower depending on bargaining power.
Explanation
Correct Answer D. Employment will be less than in a competitive labor market, and wages may be higher or lower depending on bargaining power.
Explanation:
In a bilateral monopoly, there is both a monopoly (a single employer) and a monopoly (a single union), creating a unique bargaining dynamic. Employment is usually lower than in a competitive market because the employer controls job availability, and wages can vary based on the bargaining power of the employer versus the union. The wages may be either higher or lower than in a competitive market depending on which side holds more negotiating power.
Why other options are wrong:
A: Employment will be greater than in a competitive labor market and wages will be higher.
This is incorrect because employment is usually lower, not greater, and wages can be influenced by both parties' bargaining power.
B: Employment will be equal to that in a competitive labor market.
This is incorrect because, in a bilateral monopoly, employment tends to be lower due to the lack of competitive forces.
C: Employment will be less than in a competitive labor market and wages will be lower.
This is incorrect because wages could be either higher or lower, depending on which side (employer or union) holds more power.
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.
Act that protects privacy of background information and ensures that information supplied is accurate.
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Equal Credit Opportunity Act
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Fair Credit Billing Act
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Home Mortgage Disclosure Act
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Fair Credit Reporting Act
Explanation
Correct Answer D: Fair Credit Reporting Act
Explanation
The Fair Credit Reporting Act (FCRA) regulates how consumer credit information is collected, used, and shared. It ensures that background checks, credit reports, and other consumer information are accurate and used fairly, particularly in employment decisions.
Why other options are wrong
A. Equal Credit Opportunity Act: This law prevents credit discrimination based on race, sex, or other protected characteristics but does not regulate background information privacy.
B. Fair Credit Billing Act: This law focuses on resolving billing errors in credit card transactions, not background checks.
C. Home Mortgage Disclosure Act: This law requires lenders to disclose information about their mortgage lending practices to prevent discriminatory lending but does not regulate personal background information.
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.
Federal law that increased the responsibility of pension plan trustees to protect retirees, established certain rights related to vesting and portability, and created the Pension Benefit Guarantee Corporation
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Employee Retirement Income Security Act (ERISA)
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Social Security Act (SSA)
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Occupational Safety and Health Act (OSHA)
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Fair Labor Standards Act (FLSA)
Explanation
Correct Answer A: Employee Retirement Income Security Act (ERISA)
Explanation
ERISA is a federal law designed to protect employees' retirement benefits by setting standards for pension plan management, ensuring that funds are properly handled and vested, and creating the Pension Benefit Guarantee Corporation to safeguard retirement funds.
Why other options are wrong
B. Social Security Act (SSA): This law established social security benefits but does not regulate private pension plans.
C. Occupational Safety and Health Act (OSHA): OSHA focuses on workplace safety, not pension protections.
D. Fair Labor Standards Act (FLSA): FLSA regulates wages and working hours but does not cover pension plans.
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.
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