Employee Benefits and Labor Law
Exam Solutions
Course Introduction
This course provides an in-depth examination of employee benefits and labor law, focusing on the legal framework that governs workplace rights and obligations. Topics include the Employee Retirement Income Security Act (ERISA), health and pension benefit plans, collective bargaining, the National Labor Relations Act (NLRA), and the role of labor unions. Students will analyze case studies, statutory schemes, and regulatory guidelines to understand how laws protect employees interests, influence employer policies, and address changing workplace dynamics. The course also explores current trends, compliance challenges, and the impact of recent legal decisions on benefits administration and labor relations.
Recommended Textbook
Employment and Labor Law 8th Edition by
Patrick J. Cihon
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Chapter
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Q1) Who violated the "gentlemen's agreement" with the Roosevelt Administration during WWII?
Answer: John L.Lewis,president of the United Mine Workers had violated the "gentlemen's agreement" with the Roosevelt Administration during WWII.
Q2) Briefly describe the Taft-Hartley Act.
Answer: The Taft-Hartley Act is a federal statute which enacted unfair labor practices for which unions might be charged and punished,such as coercing workers to join against their will.
Q3) In Alexander v.Gardner-Denver Company case,the court found that the election of remedies was:
A) applicable.
B) applicable to an extent.
C) irrelevant.
D) inapplicable.
Answer: D
Q4) Explain the phenomenon of globalization.
Answer: Globalization is the integration of national economies into a worldwide economy,due to trade,investment,migration and information technology.
Page 3
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Chapter 2: Employment Contracts And Wrongful Discharge
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Q1) What is a contract? Explain the differences between express and implied contracts?
Answer: Contract is an agreement between two persons which is enforceable by law.The object must be legal in contract.
Express contract: A contract in which the terms are explicitly stated,usually in writing but perhaps only verbally,and often in great detail.In interpreting such a contract,the judge and/ or the jury is asked only to determine what the explicit terms are and to interpret them according to their plain meaning.
Implied contract: A contractual relationship,the terms and conditions of which must be inferred from the contracting parties' behavior toward one another.
Q2) Identify two Acts that protect whistleblowers from employer retaliation.
Answer: Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing employees.
Q3) Explain the meaning of the term whistleblower.
Answer: An employee who reports his/her employer's illegal activities to the appropriate governmental entity or,under some state statutes,to the board of directors or senior management of the firm is known as a whistleblower.
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Chapter 3: Commonly Committed Workplace Torts
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Q1) The elements of retaliatory demotion are quite the same as:
A) wrongful discharge.
B) intentional infliction of emotional distress.
C) strict liability.
D) willful misconduct.
Answer: A
Q2) Robert,a mid-level manager at Revive Corp.,was falsely accused of sexual harassment.In the course of its investigation,the company questioned numerous co-workers about Robert,searched his office and computer files without his permission,and interviewed his neighbors.Although the investigation produced no evidence of Robert's guilt,he was fired since the company's president felt that the accusation was a poor reflection on the organization.If Robert sues Revive,his complaint will likely contain counts of:
A) racial discrimination.
B) wrongful discharge.
C) tortious interference with contract.
D) felony.
Answer: B
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Chapter 4: Employee Privacy Rights In The 21st Century
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Q1) Public employers,unquestionably,are state actors for the purposes of the __________ and ___________ Amendments' restrictions.
A) Fifth, Fourth
B) Fourth, Fourteenth
C) Fourteenth, Fifth
D) Fifth, Ninth
Q2) In Koeppel v.Speirs,an electronic invasion occurs under the intrusion on solitude or seclusion component of the tort of:
A) liability.
B) defamation.
C) libel.
D) invasion of privacy.
Q3) Increases in incidents of workplace violence and concomitant increases in ____________ lawsuits,by customers and co-workers of violent employees,have added urgency to the effort of checking employees' background.
A) malice
B) academic freedom
C) negligent hiring
D) substance abuse
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Chapter 5: The Global Perspective: International
Employment Law And American Immigration Policy
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Q1) A judicial authority in one contracting state may request its counterpart in another contracting state to facilitate such discovery activities as the taking of depositions or sworn statements in support of litigation,including labor and employment litigation.This is a convention on the:
A) service of judicial and extrajudicial documents in civil or commercial matters.
B) recognition and enforcement of Foreign Arbitral Awards.
C) civil aspects of international child abduction.
D) taking of evidence abroad in civil or commercial matters.
Q2) What are the necessary documents an employer must show to prove that the employee is a U.S.Citizen or is lawfully authorized to work in the United States?
Q3) What are conventions? Identify conventions that affect international labor relations and employments.
Q4) In Mohamad v.Palestinian Authority,the main issue was:
A) did the human rights laws at issue apply to U.S.citizens?
B) did the human rights laws at issue apply to someone other than a natural person?
C) was the Legal Arizona Workers Act too broad?
D) none of the above.
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Chapter 6: Title Vii Of The Civil Rights Act And Race Discrimination
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Q1) Which of the following statement pertains to criterion-related validity?
A) It is a means of measuring whether the requirement or test actually evaluates abilities required on the job.
B) The specific traits or constructs for the test may be based on observations but cannot be measured directly.
C) It concerns the statistical correlation between scores received on tests and job performance.
D) It is a means of isolating and testing for specific traits or characteristics that are deemed essential for job performance.
Q2) A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is:
A) constructive validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.
Q3) What is bona fide occupational qualification?
Q4) Who does Title VII of the Civil Rights Act of 1991 cover?
Q5) What do affirmative action programs usually involve?
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Chapter 7: Gender And Family Issues: Title Vii And Other Legislation
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Q1) In County of Washington v.Gunther,the Supreme Court held that
incorporates the defenses of the Equal Pay Act into Title VII.
A) affirmative action
B) the Bennett Amendment
C) wrongful discharge
D) the Executive Order
Q2) When an employer places additional requirements on employees of a certain gender,but not on employees of the opposite gender,this is known as:
A) leave discrimination.
B) sexual harassment.
C) gender-plus discrimination.
D) equal pay discrimination.
Q3) Pay differentials between employees of different sexes is allowed when the differential is due to seniority,merit or productivity-based pay system,or factor other than sex under:
A) Section 704(k) of Title VII.
B) National Labor Relation Board.
C) Section 703(e)(1) of Title VII.
D) Section 703(h) of Title VII.
Page 9
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Chapter 8: Discrimination Based On Religion And National
Origin & Procedures Under
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Q1) Identify the case in which the Court of Appeals held that the employer had committed an unlawful employment practice under Section 703(a) (1) of the Act.
A) Trans World Airlines v.Harry
B) Atkinson Airlines v.Hudson
C) Starbucks Airlines v.Hardsen
D) Trans World Airlines v.Hardison
Q2) Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination.The complaint can be filed with the EEOC:
A) within 300 days of occurrence of the act.
B) only if the company is registered with the EEOC.
C) which will be immediately sent to the district court.
D) prior to filing the complaint with a state or local agency.
Q3) One way to establish proof of a disproportionate impact is by using the:
A) Four-Fifth Rules from the NLRB guidelines.
B) Four-Fifth Rules from the IRCA Guidelines.
C) Four-Fifths Rule from the EEOC Guidelines.
D) Lilly Ledbetter Fair Pay Act Guidelines.
Q4) What are disparate treatment claims?
Q5) What is discrimination based on national origin?
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Chapter 9: Discrimination Based on Age
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Q1) Who are covered under Age Discrimination in Employment Act?
Q2) What are the remedies available for plaintiffs under the Age Discrimination in Employment Act?
Q3) What is meant by "reasonable factors other than age"? Give an example of how this might help employers?
Q4) In McKennon v.Nashville Banner Publishing Co,the employer argued that an employee's after-acquired evidence precluded the right of plaintiff to:
A) work in a new company.
B) sue under the Age Discrimination in Employment Act.
C) get monetary dues from employer.
D) get back the documents.
Q5) The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances,such as with executive employees who are over the age of: A) 50.
B) 55.
C) 65.
D) 70.
Q6) What are the provisions of the Age Discrimination in Employment Act?
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Chapter 10: Discrimination Based On Disability
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Q1) How do state laws handle discrimination with respect to disabilities?
Q2) Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?
A) Employees who use illegal drugs
B) Infectious or contagious diseases
C) Temporary or short-term nonchronic conditions
D) Alcoholics who use alcohol
Q3) The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:
A) Fourth Amendment of the U.S.Constitution.
B) U.S.C.section 1980b.
C) Section 704(k) Title VII.
D) 42 U.S.C.Section 1981A.
Q4) What is the procedure to claim remedies under the ADA?
Q5) What does Section 501 of the Rehabilitation Act deal with?
Q6) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
Q7) What is the American with Disabilities Act?
Q8) Explain the provisions of the ADA.
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Chapter 11: Other Eeo And Employment Legislation: Federal And
State Laws
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Q1) Which one of the following Sections states that "For the purposes of this section,the term "make and enforce contracts" includes the making,performance,modification,and termination of contracts,and the enjoyment of all benefits,privileges,terms and conditions of the contractual relationship?
A) Section 1971 of the Sarbanes-Oxley Act of 2002
B) Section 1981 of the Rehabilitation Act
C) Section 1981 (a) the National Labor Relations Act
D) Section 1981 (b) of the Civil Rights Act of 1991
Q2) What was the basic intention behind creation of the Civil Rights Acts of 1866 and 1870?
Q3) Who administers the contract compliance program?
Q4) What is the role of federal Employee Polygraph Protection Act of 1988?
Q5) What are the exceptions under EPPA to allow polygraph testing?
Q6) In Henry v.City of Detroit,Henry filed a suit under:
A) Michigan's Whistleblower's Protection Act.
B) the Civil Rights Act of 1991.
C) the federal Civil Service Reform Act.
D) the Federal Mine Health and Safety Act.
Q7) What are remedial affirmative action plans?
Q8) Briefly explain the Uniformed Services Employment and Reemployment Rights Act. Page 13
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Chapter 12: The Rise Of Organized Labor And Its Regulatory Framework
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Q1) The definition of "employee" under the NLRA includes persons working for a company and,at the same time,being paid by a union to help the union organize the company was the central issue in _____.
A) NLRB v.Meenan Oil Co., L.P.
B) NLRB v.Kentucky River Community Care, Inc
C) NLRB v.Town & Country Electric, Inc.
D) Duplex Printing Press Company v.Deering
Q2) One of the grounds on which the National Labor Relations Board will review an election is if:
A) the majority of employees demand review.
B) the procedure involved some error that prejudiced a party.
C) there is a tie among the parties.
D) the parties demand review.
Q3) The AAUP's administration decides to freeze faculty salaries and reduce its contribution to the faculty's _____ and pension plans.
A) vehicle insurance
B) life insurance
C) medical insurance
D) workers' compensation
Page 15
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Chapter 13: The Unionization Process
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Q1) _____ of the NLRA requires that the union be designated or selected by a majority of the employees in order for the union to become the exclusive bargaining agent.
A) Section 8(a)(3)
B) Section 7
C) Section 2(3)
D) Section 9(a)
Q2) In American Hospital Association v.NLRB,the U.S.Supreme Court upheld the NLRB's health care industry bargaining unit rules and the power of the NLRB in order to establish:
A) prima facie case through disparate impact treatment.
B) bargaining units through its rule-making authority.
C) trade union through its discretionary power.
D) hiring hall through its mandatory power.
Q3) Which rule bars holding an election in the bargaining unit?
Q4) What is the consequence of filing a decertification petition by an employer?
Q5) What happens if the union loses the election due to employer's illegal actions?
Q6) Define voluntary recognition.
Q7) Explain the second exception under contract bar rule.
Q8) What is the relevance of filing objection after election has been conducted?
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Chapter 14: Unfair Labor Practices By Employers And Unions
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Q1) Robert joined as a trainee manager in Lite Apparels,which is the biggest garment factory in California.As soon as he joined,the company's union asked him to sign a union security agreement.According to the agreement,he had to pay membership fee of $500.The union's demands seem to be a violation of:
A) Section 8(b)(1)(A).
B) Section 8(b)(6).
C) Section 8(b)(5).
D) Section 10(l).
Q2) What are the remedies for violation of Section 8(a) (2) of NLRA?
Q3) Which guidelines should be followed when employer conducts a poll of his employees?
Q4) In Guard Publishing Company v.National Labor Relations Board,the court noted that the NLRB had held that,the company had not violated Section 8(a) (1) when it issued a(n):
A) termination order.
B) order to reinstate.
C) injunction.
D) disciplinary warning.
Q5) Which section of National Labor Relations Act speaks about the rights of employees?
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Chapter 15: Collective Bargaining
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Q1) In Visiting Nurse Services of Western Massachusetts,Inc.v.NLRB,the union filed unfair labor practice charges with the NLRB,claiming that VNS had violated Section 8(a)(1) and (5) of the NLRA by unilaterally implementing:
A) prohibition on bargaining subjects.
B) yellow-dog contracts.
C) mandatory bargaining subjects.
D) bargaining unit agreements.
Q2) Under _____,when a union is certified as the winner of a representation election,the employer is ? required to bargain with it.
A) Section 9(a)
B) Section 8(a)(1)
C) Section 8(b)(3)
D) Section 8(a)(5)
Q3) When can an employer act unilaterally?
Q4) What does Section 8(d) of the National Labor Relations Act state with respect to duty of bargain?
Q5) What are permissive bargaining subjects?
Q6) What was the purpose of the Worker Adjustment and Retraining Act (WARN)?
Q7) What are prohibited bargaining subjects?
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Chapter 16: Picketing And Strikes
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Q1) The case of Brady v.National Football League involved which act?
A) Landrum-Griffin Act
B) Sherman Act
C) Clayton Act
D) Norris-La Guardia Act
Q2) Discuss the jurisdictional disputes of Section 8(b)(4)(D).
Q3) If the labor unions of a soft drinks company are picketing in front of the wholesaler,instead of picketing on the company's premises,then under the NLRA,:
A) such secondary picketing shall be prohibited.
B) such picketing shall be considered permitted.
C) it will be considered as break of a picketing line.
D) it shall be considered a consumer picketing.
Q4) Sections 10 (j) and 10 (l) of the NLRA authorize the National Labor Relations Board (NLRB) to seek injunctions against:
A) economic strike.
B) appointment of employee.
C) holding of election.
D) unfair labor practice.
Q5) What is primary picketing?
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Chapter 17: The Enforcement And Administration Of The Collective Agreement
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Q1) The bankruptcy court is required to issue its determination on the rejection issue within a period of _____ days after the hearing.
A) thirty
B) forty-five
C) sixty
D) seventy-five
Q2) In Teamsters Local 174 v.Lucas Flour,the Supreme Court held that a no-strike clause will be implied by the court,even when the agreement itself is silent on the matter,if the agreement contains a(n):
A) litigation provision.
B) dormant commerce clause.
C) voluntary recognition clause.
D) arbitration provision.
Q3) Define grievance process.
Q4) Rights arbitration is generally used as the final step in the _____ process.
A) recruitment
B) renewal
C) termination
D) grievance
Page 20
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Chapter 18: The Rights Of Union Members
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Q1) The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all employees in the:
A) arbitral tribunal.
B) illegal strike.
C) legal proceeding.
D) bargaining unit.
Q2) In Syres v.Oil Workers Local 23,the Supreme Court held that the duty of fair representation also extended to unions granted bargaining agent status under _____ of the National Labor Relation Act.
A) Section 9(a)
B) Section 8()(5)
C) Section 11(1)(c)
D) Section 7(a)
Q3) Section 304 of the Taft-Hartley Act,along with related federal laws,controls:
A) employers' discretionary powers.
B) government action.
C) union political contributions.
D) unfair labor practices.
Q4) What is meant by exhausting internal remedies?
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Chapter 19: Public Sector Labor Relations
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Q1) The Lloyd-La Follette Act of 1912 gave _____ the right to join unions.
A) postal workers
B) paramedicals
C) paralegals
D) rail road workers.
Q2) As observed in Garcetti v.Ceballos,the First Amendment limits the ability of a public employer to impose restrictions on employees in their capacities:
A) as public sector employees.
B) as private citizens.
C) as parties to a contract.
D) as members of the bargaining unit.
Q3) The Civil Service Act of 1883,granted the sole authority to set wages,hours,and other terms and conditions of federal employment to the:
A) labor department.
B) Senate.
C) bargaining representative.
D) Congress.
Q4) Discuss the role of a union with exclusive bargaining status.
Q5) Briefly explain the Federal Service Labor-Management Relations Act.
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Chapter 20: Occupational Safety And Health
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Q1) Briefly explain the scope of the Occupational Safety and Health Act.
Q2) Employees should attempt to have the employer correct the hazardous condition before exercising their:
A) right to strike.
B) bargaining power.
C) discretionary power.
D) right to refuse.
Q3) According to the study released by professors at Tulane University and the University of California at Berkeley,which of the following is not true of illegal immigrants?
A) Under federal labor law, illegal immigrants are afforded the same health and safety protections as documented workers.
B) Regardless of their legal status, laborers can sue most employers for violation of the minimum wage law and overtime regulations.
C) The illegal immigrants often work in hazardous conditions without protective gear and earn far less than their legal counterparts.
D) The employer needs to maintain separate records on health and safety for illegal migrants working in hazardous occupations.
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Chapter 21: The employee s safety nets: unemployment
and workers compensation social security and retirement plans
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Q1) In Meyer v.Burger King Corporation,the Washington Supreme Court declined to limit the child's remedy to the provisions of the:
A) Fair Labor Standards Act.
B) Workers' Compensation Act.
C) National Labor Relations Act.
D) Equal Employment Opportunity Act.
Q2) Explain the role of the Employee Retirement Income Security Act (ERISA).
Q3) Which of the following is not a category under the Social Security system?
A) Retirement insurance benefits
B) Medicare
C) Unemployment benefits
D) Disability
Q4) When are workers' compensation benefits awarded?
Q5) What kind of benefit is provided for disabled people under Social Security?
A) Subsidized housing
B) Legal assistance
C) Vocational rehabilitation
D) Anti-discriminatory privileges
Q6) Define willful misconduct.
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Q7) Explain the three major categories of the Social Security system.
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Chapter 22: The fair labor standards act
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Q1) Explain the concept of overtime pay under the FLSA.
Q2) Machinists and sewing machine operators are usually paid on a(n):
A) hourly basis.
B) piece-rate basis.
C) monthly basis.
D) lump sum basis.
Q3) In Christensen v.Harris County,Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued compensatory time.Employees of the Harris County Sheriff's Department sued the County claiming that such policy is prohibited under the FLSA.In its judgment,the Supreme Court:
A) ordered Harris County department officials to pay damages to the plaintiffs.
B) held that the FLSA prohibition does not apply to law enforcement agencies.
C) held that no statutory provision prohibits Harris County from pursuing its policy.
D) felt that the employer violated the provisions of the FLSA.
Q4) What is willful violation?
Q5) How did the NIRA come into effect?
Q6) Who are exempted employees under the Fair Labor Standard Act?
Q7) Briefly describe the origin and purpose of the Fair Labor Standards Act (FLSA).
Page 26
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