HRM 3110 Employment and Labor Law (D352)
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Free HRM 3110 Employment and Labor Law (D352) Questions
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.
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.
An exception to the employment-at-will doctrine that is an implied contractual obligation to act in good faith in the fulfillment of each party's contractual duties
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Employment termination without cause clause
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Covenant of good faith and fair dealing exception
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Non-compete agreement stipulation
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Mandatory arbitration agreement requirement
Explanation
Correct Answer B: Covenant of good faith and fair dealing exception
Explanation
The covenant of good faith and fair dealing exception limits the employer’s ability to terminate an employee arbitrarily and requires both parties to act honestly and fairly in fulfilling contractual obligations.
Why other options are wrong
A. Employment termination without cause clause: This allows an employer to terminate an employee without a specific reason, but it does not impose a duty of good faith.
C. Non-compete agreement stipulation: This refers to a contract restricting an employee from working for competitors after leaving a company, which is unrelated to good faith employment termination.
D. Mandatory arbitration agreement requirement: This requires disputes to be settled through arbitration rather than litigation but does not establish a duty of good faith in employment relationships.
Which claim is appropriate for a plaintiff who alleges a third party was responsible for an employee's termination
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Retaliatory demotion
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Protects against unreasonable search and seizure
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Defamation
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Tortious interference with contract
Explanation
Correct Answer D: Tortious interference with contract
Explanation
Tortious interference with a contract occurs when a third party intentionally disrupts an existing employment agreement, leading to an employee’s termination.
Why other options are wrong
A. Retaliatory demotion: This refers to an employer punishing an employee for engaging in legally protected activities, not interference by a third party.
B. Protects against unreasonable search and seizure: This refers to Fourth Amendment protections against government intrusion, unrelated to employment termination.
C. Defamation: While defamation can harm a person's reputation, it does not specifically address wrongful interference leading to termination.
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
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Mediation
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Common Law
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Administrative Law Judge
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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.
Protects employees from workplace discrimination based on demographics such as race, sex, national origin, and age
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NLRB
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ADEA
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ADA
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EEOC
Explanation
Correct Answer D: EEOC
Explanation
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting workplace discrimination based on race, sex, national origin, age, disability, and other protected characteristics.
Why other options are wrong
A. NLRB: The National Labor Relations Board focuses on labor disputes and union rights, not anti-discrimination protections.
B. ADEA: The Age Discrimination in Employment Act (ADEA) specifically protects workers over 40 from age discrimination but does not cover all demographics.
C. ADA: The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination but does not cover other demographic factors like race or sex.
All aspects of religious observance and practice, as well as belief.
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Vicarious Liability
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Assumption of Risk
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Religion under Title VII
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Prima Facie Case
Explanation
Correct Answer C: Religion under Title VII
Explanation
Title VII of the Civil Rights Act protects employees from discrimination based on religion, including all aspects of religious observance, practice, and belief. Employers must provide reasonable accommodations unless it causes undue hardship.
Why other options are wrong
A. Vicarious Liability: This legal doctrine holds employers responsible for employees' actions within the scope of employment but does not pertain to religion.
B. Assumption of Risk: This refers to a legal defense where an individual voluntarily accepts known risks, unrelated to religious protections.
D. Prima Facie Case: This legal term refers to a case that has sufficient evidence to proceed unless rebutted but does not define religious protections.
Required all federal employment legislation passed by Congress to apply to congressional employees
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Federal Employee Retirement Act
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Civil Rights Act of 1964
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Congressional Accountability Act of 1995
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Occupational Safety and Health Act
Explanation
Correct Answer C. Congressional Accountability Act of 1995
Explanation
The Congressional Accountability Act of 1995 ensures that congressional employees are covered under the same federal employment laws that apply to other workers, such as workplace safety, anti-discrimination, and labor laws.
Why other options are wrong
A. Federal Employee Retirement Act: This pertains to retirement benefits for federal employees, not the application of employment laws to congressional staff.
B. Civil Rights Act of 1964: While this law prohibits workplace discrimination, it did not specifically mandate that congressional employees be covered under federal employment laws.
D. Occupational Safety and Health Act: This law establishes workplace safety regulations but does not specifically require all federal employment legislation to apply to congressional employees.
A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave
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Constructive Discharge
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Hostile Work Environment
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Disparate Treatment
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Retaliation
Explanation
Correct Answer A: Constructive Discharge
Explanation
Constructive discharge occurs when an employer creates a work environment so intolerable that a reasonable person would feel compelled to resign. It is often treated as an involuntary termination in legal cases.
Why other options are wrong
B. Hostile Work Environment: A hostile work environment involves harassment that makes the workplace abusive but does not always lead to resignation.
C. Disparate Treatment: Disparate treatment refers to intentional discrimination against individuals based on protected characteristics, not necessarily leading to resignation.
D. Retaliation: Retaliation occurs when an employer punishes an employee for engaging in legally protected activity, which may or may not result in resignation.
Which of the following is NOT typically considered to be a subject covered by employment law
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Wrongful discrimination
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Labor disputes
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Embezzlement
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Employment discrimination
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Social Security
Explanation
Correct Answer C: Embezzlement
Explanation
Employment law primarily deals with workplace rights, protections, and regulations, such as discrimination, labor disputes, and employee benefits. Embezzlement, on the other hand, is a criminal offense related to financial fraud rather than employment law.
Why other options are wrong
A. Wrongful discrimination: Employment law covers discrimination claims based on race, gender, age, disability, and other protected characteristics.
B. Labor disputes: Employment law includes labor relations, collective bargaining, and union-related issues.
D. Employment discrimination: A major component of employment law, ensuring fair treatment in hiring, promotions, and termination.
E. Social Security: Employment law often intersects with Social Security in terms of benefits and employer responsibilities.
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