Labor Law Practice Exam
Course Introduction
Labor Law is the study of the legal framework governing the relationship between employers, employees, and labor organizations. This course examines key topics such as employee rights, collective bargaining, labor unions, workplace discrimination, occupational health and safety, and dispute resolution mechanisms. Students will explore federal and state regulations, landmark court decisions, and the evolution of labor standards in both public and private sectors. Through case studies and practical examples, the course enables students to understand the complexities of labor relations and the role of law in shaping workplace dynamics.
Recommended Textbook
Employment and Labor Law 7th Edition by Patrick
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J. Cihon
Page 2
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Q1) The act which sets the ground rules for the give and take between labor unions and corporate managers is the:
A) Social Security Act (1935).
B) Walsh-Healy Act (1936).
C) Fair Labor Standards Act (1938).
D) National Labor Relations Act (1935).
Answer: D
Q2) If Peter is engaged in illegal activities as part of an organized criminal outfit, the law designed to criminally penalize Peter is the:
A) Employee Retirement Income Security Act (ERISA).
B) Worker Adjustment and Retraining (WARN) Act.
C) Federal Occupational Safety and Health Act (OSHA).
D) Racketeer Influenced and Corrupt Organizations Act (RICO).
Answer: D
Q3) What are individual employee rights?
Answer: Individual employee rights are those rights which are enjoyed by workers as individuals, as against collective rights secured by unionization.
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Page 3
Chapter 2: Employment Contracts and Wrongful Discharge
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Q1) Robert is a respected member of the Santa Clara community and works with a local architectural firm. He was selected by the court to perform jury duty on a case. The case went on for several days and caused Robert to miss work for the entire duration. Upon his return, he discovered that his team member had replaced him and his services were abruptly terminated. In this scenario Robert can challenge his termination under:
A) the public policy exception.
B) Title VII.
C) the National Labor Relation Act.
D) the U. S. Constitution.
Answer: A
Q2) Employees of public companies are protected from retaliation for engaging in certain whistleblowing activities under:
A) the Occupational Safety and Health Act.
B) the Workers' Compensation Act.
C) the National Labor Relations Act.
D) the Sarbanes-Oxley Act.
Answer: D
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4
Chapter 3: Commonly Committed Workplace Torts
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Q1) Define the tort of defamation.
Answer: A communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.
Q2) How does the court recognize qualified privilege?
Answer: The law generally recognizes a qualified privilege where one person communicates with another who has a legitimate need to know the information.
Q3) Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?
Answer: Courts have been concerned that in the absence of physical injury, plaintiffs can readily fake emotional distress and win undeserved verdicts, and, hence, have been reluctant to adopt this tort.
Q4) A tort that is based on the wrongful discharge cause of action is known as: A) punishment.
B) negligence.
C) promotion.
D) retaliatory demotion.
Answer: D
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Chapter 4: Employee Privacy Rights in the 21st Century
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Q1) In which year was the federal Health Insurance Portability and Accountability Act (HIPAA) enacted?
A) 1889
B) 1899
C) 1998
D) 1999
Q2) Elaborate on the policy regarding employee personal files.
Q3) What is the unifying element of the four separate privacy torts?
A) the right to be left alone
B) the right to do personal activities while at work
C) the right to talk about co-workers and bosses in a negative manner without repercussion
D) the right to be hired/promoted without regard to gender, race, national origin, or sex
Q4) The term "surveillance" is used to describe all of the following except:
A) postal interception.
B) observation with binoculars.
C) eavesdropping.
D) direct observation.
Q5) Identify the entities covered under HIPPA.
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Chapter 5: The Global Perspective: International
Employment Law and American Immigration Policy
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Q1) What did France mandate for the first time in the corporate arena in the year 2002?
Q2) Which organization, based in Geneva, has authored a vast scheme of labor and employment laws, regulations and guidelines?
A) Union Network International (UNI)
B) International Labor Organization (ILO)
C) Equal Employment Opportunity Commission (EEOC)
D) American Federation of Labor/Congress of Industrial Organization (AFL-CIO)
Q3) State the purpose of the Immigration Reform and Control Act (IRCA) of 1986.
Q4) Which group has the following mission statement: "create a more secure, democratic, and prosperous world for the benefit of the American people and the international community"?
A) Federal Bureau of Investigation
B) U.S. Immigration and Customs Enforcement
C) U.S. Department of Justice
D) U.S. Department of State
Q5) What steps did Brazil take in the eradication of child labor and slavery?
Q6) 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?
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Chapter 6: Title VII of the Civil Rights Act and Race Discrimination
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Q1) In Price Waterhouse v. Hopkins, the Supreme Court held that:
A) a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors (race, color, gender, religion, or natural origin) as a motive for an employment action.
B) the plaintiff's demonstration for a "mixed motive" situation can only be made by circumstantial evidence.
C) if an employer has considered an illegal factor under Title VII (race, sex, color, religion, or national origin) in making an employment decision, the employer must demonstrate that it would have reached the same decision if it had not considered the illegal factor. D) the employer violates Title VII when an illegal factor is considered, even though there may have been other factors also motivating the decision or practice.
Q2) How is an employer defined under the Title VII of the Civil Rights Act of 1991?
Q3) List the three classifications of standards developed by the American Psychological Association for validating job requirements.
Q4) Described the practice of race norming.
Q5) What do affirmative action programs usually involve?
Q6) Define construct validity.
Page 8
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Chapter 7: Gender and Family Issues: Title VII and Other Legislation
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Q1) What is Bona Fide Occupational Qualification?
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) In Price Waterhouse v. Ann B. Hopkins, Ann Hopkins, a senior manager in an office of Price Waterhouse, was proposed for partnership. When the partners in her office refused to repropose her partnership, she sued the firm. The Supreme Court held that employment decisions may constitute sex discrimination in violation of Title VII, if the decision is based on:
A) age discrimination.
B) sex stereotypes.
C) grounds of pregnancy.
D) sexual harassment.
Q4) Explain Hostile Environment Harassment.
Q5) What is sexual harassment? Explain employer liability for sexual harassment.
Q6) Which state legislation provides pregnancy leave?
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Chapter 8: Discrimination Based on Religion and National
Origin Procedures Under Title VII
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Q1) The Civil Rights Act of 1991 amended Title VII to allow recovery of punitive damages in cases in which the employer has engaged in:
A) discrimination based on creed.
B) discrimination based on third party information.
C) religious discrimination.
D) racial discrimination.
Q2) Discuss the Equal Employment opportunity commission (EEOC) guidelines that are considered in determining what amounts to reasonable accommodation and whether it results in undue hardship.
Q3) What does Title VII of the Civil Rights Act of 1964 deal with?
Q4) What are the remedies provided under Title VII?
Q5) The judgment of the court in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, in which plaintiffs brought action against the CPB and the COP alleging, among other things, discrimination on the basis of religion in violation of the Civil Rights Act of 1964, was: A) upheld. B) reversed. C) remanded. D) dismissed.
Page 10
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Chapter 9: Discrimination Based on Age
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Q1) Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas' role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member. In this case, the employer has the burden to prove that removal of Nicolas is:
A) in favor of company.
B) based upon company policy.
C) a reasonable factor other than age.
D) lawful at the discretion of the organization.
Q2) The Age Discrimination in Employment Act provides for suits by the responsible government agency against non federal employees. In this instance:
A) the EEOC must attempt to settle the complaint voluntarily before filing suit.
B) the time limitation for the required conciliation effort is sixty days.
C) the 1991 amendments to the ADEA enforced the previous time limits spelled out for suits by the EEOC.
D) at present, the courts are split on the question of when the EEOC suit must be filed.
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Page 11
Chapter 10: Discrimination Based on Disability
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Q1) Explain the provisions of the ADA.
Q2) In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:
A) Occupational Safety and Health Act.
B) National Labor Relation Act.
C) U. S. Constitution.
D) Americans with Disabilities Act.
Q3) In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA?
A) Cleveland v. Policy Management Systems
B) Board of Trustees of the University of Alabama v. Garrett
C) Albertsons, Inc. v. Kirkingburg
D) Sutton v. United Air Lines, Inc
Q4) What are the defenses available under the ADA?
Q5) How is "disability" defined under the ADA?
Q6) Explain the food handler defense under the ADA.
Q7) Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?
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Chapter 11: Other Eeo and Employment Legislation: Federal and State Laws
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Q1) In El-Hakem v. BJY Inc., an employee alleged employment discrimination in violation of:
A) 42 U.S.C. § 1981.
B) Title VII.
C) Both A and B.
D) None of the above.
Q2) Which one of the following state laws allows institutions of higher education to obtain background checks on applicants for security-sensitive positions?
A) Tennessee law
B) Indiana law
C) Texas law
D) Missouri law
Q3) Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
Q4) Who administers the contract compliance program?
Q5) The EPPA requires that any polygraph test must be administered by a(n):
A) independent contractor.
B) validly licensed examiner.
C) labor inspector.
D) arbitrator.
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Chapter 12: The Rise of Organized Labor and Its Regulatory Framework
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Q1) Define the term "supervisor" in accordance with Section 2(11) of the NLRA.
Q2) Antitrust laws provided legal weapon for employers in the form of the Sherman Antitrust Act of 1890. Which of the following acts appeared to provide the relief sought by the laborers?
A) The Railway Labor Act
B) The Norris-La Guardia Act
C) National Labor Relations Act
D) Clayton Act
Q3) In Duplex Printing Press Company v. Deering, Duplex responded to the national boycott called by the Machinists' Union by filing suit for an injunction under the: A) Sherman Act.
B) National Labor Relations Act.
C) Clayton Act
D) Norris-La Guardia Act.
Q4) Who proposed the National Labor Relations Act (NLRA) in the Senate and in which year?
Q5) Discuss the Congress of Industrial Organizations.
Page 14
Q6) What is the Noble Order of the Knights of Labor?
Q7) What are the types of legal issues the NLRB handles?
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Chapter 13: The Unionization Process
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Q1) What are the five provisions of Section 9(b) of NLRA?
Q2) When a valid election has been held in a bargaining unit, no new election can be held for a twelve-month period for that unit or any subdivision of the unit. This provision is provided under:
A) the National Labor Relations Act (NLRA).
B) the Payment of Wages Act.
C) Title VII of the Civil Rights Act.
D) the Human Rights Act.
Q3) The newly certified bargaining agent should be given a reasonable opportunity to fulfill its mandate by successfully negotiating a(n) _____ with the company.
A) contract
B) election procedure
C) collective bargaining agreement
D) affirmative action plan
Q4) Define voluntary recognition.
Q5) When should an employer file the election eligibility list in the regional office?
Q6) What happens if the union loses the election due to employer's illegal actions?
Q7) Which rule bars holding an election in the bargaining unit?
Page 15
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Chapter 14: Unfair Labor Practices by Employers and Unions
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Q1) Section 8(a) (1) and Section 8(b) (1) of NLRB, prohibits:
A) union organizing campaigns.
B) strikes by employees.
C) coercion and restraint of employees.
D) poll conducted by employers.
Q2) Section 8(b) (5) prohibits a union from requiring excessive dues or membership fees of employees covered by:
A) collective bargaining agreement.
B) employment contract.
C) union security agreement.
D) arbitration clause.
Q3) Strikes in which the union selectively strikes in just one firm in the industry are known as:
A) economic strikes.
B) whipsaw strikes.
C) unfair labor practice strikes.
D) local union strikes.
Q4) When should an employer conduct a poll?
Q5) Which section of National Labor Relation Act speaks about union coercion of employees and employers?
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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) What are prohibited bargaining subjects?
Q3) Which of the following does not fall under a mandatory bargaining subject, considering the various ? rulings on the subject?
A) Hours and terms and conditions of employment
B) Prices of food sold in vending machines in the plant cafeteria
C) Changes in medical insurance coverage of retired former employees
D) Employee discounts, shift differentials, and incentive plans
Q4) If the employer pleads inability to pay, the union _____ .
A) can demand a lockout.
B) must make a good faith demand for financial information.
C) is entitled to petition the NLRB against the employer.
D) can legally conduct an economic strike.
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Chapter 16: Picketing and Strikes
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Q1) In International Union of Operating Engineers, the Board found that all of the following actions by the union constituted unfair labor practices, except:
A) picketing at neutral gates.
B) distributing pamphlets encouraging employees of neutral employers to stay out of work.
C) barring union members from working on a job where a strike has been called.
D) bringing internal charges against members employed by a neutral employer.
Q2) _____ requires that the Board seek an injunction against the picketing when a complaint alleging a violation of Section 8(b)(4)(D) is filed.
A) Section 7(a)
B) Section 9(a)
C) Section 10(l)
D) Section 8(a)(4)
Q3) What is primary picketing?
Q4) Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.
Q5) Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?
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Chapter 17: The Enforcement and Administration of the Collective Agreement
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Q1) Belk Software Company and the union of the company, entered into an agreement with a no-strike clause. Later, the union stated that it was not clear about the terms and conditions incorporated under the agreement. The union requested that the employer reconstruct the agreement, but the employer refused. Subsequently, the union decided to go on strike. In this scenario, what is the remedy available for the employer?
A) Injunction
B) Punitive damages
C) Liquidated damages
D) Writ of certiorari
Q2) What are the advantages of arbitration proceedings?
Q3) A successor employer who discriminatorily refuses to rehire the unionized employees from the prior firm violates _____, according to Planned Bldg. Servs. Inc.
A) Section 8(a)(2)
B) Section 8(a)(5)
C) Section 8(a)(3)
D) Section 8(b)(1)
Q4) Define grievance process.
Q5) Define rights arbitration.
Page 19
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Chapter 18: The Rights of Union Members
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Q1) The rights of freedom of speech and assembly for union members are provided under Section _____ of the Labor Management Reporting and Disclosure Act.
A) 101(a)(2)
B) 8(b)(1)(A)
C) 101
D) 102
Q2) In 1947, the Taft-Hartley Act added a list of union unfair labor practices to the NLRA, which included all of the following except:
A) Section 7 was amended to give employees the right to refrain from engaging in concerted activity, as well as the right to engage in such activity.
B) Section 8(b)(1)(A) prohibits union activity that interferes with, restrains, or coerces employees in the exercise of their Section 7 rights.
C) Section 8(b)(2) prohibits unions from causing an employer to discriminate against employees in terms and conditions of employment because they are not union members.
D) Section 8(b)(5) protects employees from legal intervention and arbitration with a third party.
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Page 20
Chapter 19: Public Sector Labor Relations
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Q1) The employees of the U.S. _____ are not subject to the Federal Service Labor-Management Relations Act (FSLMRA).
A) Transport Services
B) Judicial Service
C) Military Service
D) Postal Service
Q2) Name some of the unfair labor practices by agencies outlined under the Federal Service Labor-Management Relations Act?
Q3) The central authority responsible for the administration of the Federal Service Labor-Management Relations Act (FSLMRA) is the:
A) Federal Labor Relations Authority.
B) National Labor Relations Board.
C) Equal Employment Opportunity Commission.
D) Homeland Security Labor Relations Board.
Q4) The Civil Service Act passed in the year 1883 is also known as the:
A) Equal Pay Act.
B) Thurmond Act.
C) Pendleton Act.
D) Hatch Act.
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Chapter 20: Occupational Safety and Health
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Q1) Brandy, an employee of Railcar Manufacturing Inc.(RMI), filed a complaint against the company alleging that the company violated Occupational Safety and Health Act.
Further to this, RMI proceeds with retaliatory actions against Brandy. In this case, Brandy is protected under ______ of OSHA.
A) Section 8(a)(5)
B) Section 11(c)(1)
C) Section 9(c)(1)
D) Section 7(a)(2)
Q2) The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to:
A) employers' needs.
B) dispute settlement.
C) research.
D) corporate investigations.
Q3) Can an OSHA inspection officer enter into any premises?
Q4) In Chao v. Gunite Corp., citations were issued for violations of:
A) the Fair Labor Standards Act.
B) the Americans with Disabilities Act.
C) occupational safety and health regulations.
D) None of the above.
Page 22
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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) 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
Q2) Under the Social Security system, monthly benefits are payable to a retired insured worker from age ? _____ onward.
A) fifty-five
B) fifty-eight
C) sixty-two
D) sixty-five
Q3) What can disqualify an out-of-work worker from receiving unemployment compensation?
Q4) The disqualifications of an out-of-work employee include:
A) unemployment.
B) current welfare benefits.
C) willful misconduct.
D) whistleblowing.
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Q5) Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
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Page 24
Chapter 22: The Fair Labor Standards Act
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Q1) Which are the categories of child labor exempted from the category of oppressive child labor under the Fair Labor Standards Act?
Q2) Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.
A) agriculture
B) packaging
C) domestic-care jobs
D) sports companies
Q3) If a worker is one who receives tips from customers, the employer is allowed to reduce the minimum ? wage paid to that worker by up to _____ percent, with the difference to be made up by tips received:
A) 40
B) 45
C) 50
D) 55
Q4) Explain the concept of overtime pay under the FLSA.
Q5) How did the NIRA come into effect?
Q6) Explain the term "workweek".
Q7) What is willful violation?
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