sSteve is 14 years old. Under the federal child labor laws, Steve is permitted to work in all of the following EXCEPT
Group of answer choices
a. newspaper delivery.
b. lawn care.
c. hazardous occupations.
d. jobs in the entertainment industry.
2
Mark files a suit against his employer National Development Corporation (NDC) under Title VII, claiming employment discrimination on the basis of race. If Mark establishes a prima facie case, NDC loses the suit unless it
Group of answer choices
a. articulates a legitimate, nondiscriminatory reason for its conduct.
b. shows that any apparent discrimination was unintended.
c. either a or b.
d. none of the above.
Elaine, who works as an employee for Digital Products, Inc., is protected under the National Labor Relations Act (NLRA), which is enforced by the National Labor Relations Board (NLRB). The NLRB has authority to
Group of answer choices
a. investigate unfair labor practices.
b. manage state unemployment funds.
c. oversee administration of workers’ compensation laws.
d. none of the above.
On the night of the first Tuesday of every month, the accounting firm of Jones & Smith holds a mandatory “update session” for junior partners. This session is designed to keep accountants up-to-date on various changes in laws that impact them. Kelly, a junior partner, is a member of a religious group that practices druidism, a religion based on the practices of the ancient Celts. Because the religious group also meets on Tuesday nights, which happens to be the holy evening of the week for this particular religious sect, Kelly does not attend the update sessions. Jones & Smith most likely
Group of answer choices
a. cannot insist that Kelly make reasonable efforts on other days to obtain the information provided at these sessions.
b. can lawfully discharge Kelly for missing the mandatory “update sessions.”
c. cannot lawfully discharge Kelly for missing these sessions as long as her beliefs are sincerely held.
d. must reschedule the sessions to accommodate Kelly’s religious beliefs.
Which of the following claims for wrongful termination from employment permit a plaintiff to recover for emotional distress and punitive damages?
Group of answer choices
a. terminations in violation of public policy.
b. terminations in violation of the implied covenant of good faith and fair dealing.
c. terminations based upon failure of the employers to have good cause for the termination.
d. none of the above.
Eligible employees are always entitled to overtime pay in California in each of the following circumstances EXCEPT
Group of answer choices
a. working greater than 40 hours in one work week.
b. working greater than 8 hours in one work day.
c. working greater than 6 hours in one work day.
d. working greater than 12 hours in one work day.
Bruce believes that his employer, Delta Supply Company, discriminated against him because of his age. Bruce files a suit against Delta under the Age Discrimination in Employment Act of 1967. To establish a prima facie case of discrimination, Bruce must show that
Group of answer choices
a. Delta has no legal defenses against his claim.
b. Bruce is a member of a protected age group.
c. discriminatory intent motivated Delta’s action.
d. none of the above.
Factors that courts consider in determining whether employees are employed based on implied contracts that they can only be terminated for good cause include all of the following EXCEPT
Group of answer choices
a. past company practice.
b. length of employment.
c. prior complaints of inappropriate conduct.
d. prior assurances of continued employment.
There is no requirement that employers treat employees fairly or afford employees fair procedures prior to discipline or termination unless those employees have contracts of employment that
Group of answer choices
a. prohibit termination in violation of public policy.
b. prohibit termination based on discrimination.
c. contain an implied covenant of good faith and fair dealing.
d. none of the above.
Frank sues General Contractors Corporation for employment discrimination under California law. When compared to the federal discrimination laws, California discrimination laws provide for
Group of answer choices
a. additional damages.
b. the same damages.
c. fewer damages.
d. no damages.
Keith works for Liberty Warehouse Corporation. While unloading a truck, Keith suffers an injury. Keith will be compensated under state workers’ compensation laws only if
Group of answer choices
a. Keith does not have private health or disability insurance.
b. Keith successfully sues Liberty.
c. Keith’s injury was accidental and occurred on the job or in the course of employment.
d. Keith is completely disabled.
All of the following terminations from employment are unlawful because they violate public policy EXCEPT
Group of answer choices
a. a termination for refusal to commit a crime.
b. a termination for exercising a statutory right.
c. a termination based on a personality conflict between a supervisor and a subordinate.
d. a termination for complaining about an unsafe condition at work.
Which of the following is most likely to be held to be an unlawful condition of continued employment under California law?
Group of answer choices
a. mandatory drug tests of employees in safety- or security-sensitive positions.
b. required submission to periodic lie-detector tests.
c. electronic monitoring of employees’ online activities while at work.
d. random searches of employees’ desks, filing cabinets, or offices.
Phil, a fifty-year-old, is replaced in his job at Reinhardt Company by Chaz, a twenty-two-year-old. To successfully defend against Phil’s age-discrimination claim, Reinhardt will have to show in all likelihood that Phil
Group of answer choices
a. often makes discriminatory statements.
b. is a member of a protected age group.
c. is no longer qualified for the position.
d. all of the above.
Which of the following employees is most likely to be eligible to receive overtime pay in California?
Group of answer choices
a. a receptionist in a law office.
b. a supervisor.
c. an employee with the authority to hire and fire other employees.
d. a highly skilled computer programmer.
U.S. Assembly Corporation (USAC) employs five hundred workers in two states. Under the National Labor Relations Act (NLRA), USAC cannot make decisions to deny employment to individuals based on
Group of answer choices
a. union affiliation.
b. race, religion, or national origin.
c. lack of necessary skills.
d. none of the above.