BLAW Final Exam Questions and Answers
What category of workers do " Employment laws" generally cover?
Employment laws generally cover employees, NOT those doing work as independent contractors
Example of ________Control Question: "Does employer pay benefits?"
Example of Type of Relationsh...
BLAW Final Exam Questions and
Answers
What category of workers do " Employment laws" generally cover? - answer
Employment laws generally cover employees, NOT those doing work as independent
contractors
Example of ________Control Question: "Does employer pay benefits?" - answer
Example of Type of Relationship Control Question: Asking if employers pay benefits is
an important question (Does the employer offer to match pension plan?)
Phoenix Corporation hired Erika to make whistles. Under the terms of the agreement,
Erika was to be paid a fixed sum without benefits, she was to craft the whistles in her
shop, she could use any suppliers she choose, and she had 3 months during which to
complete the project. If a dispute arises and a court must determine Erika's employment
status, which of the following is the most likely outcome?
A. Erika is an employee of Phoenix
B. Erika is an independent contractor - answer B. Erika is an independent contractor
Think about control test, need to see if MOST info points to one side
Under the basic "at will" doctrine, "at will" employees can be terminated at any time
without cause.
A. True
B. False - answer A. True
Example: Director decides he wants to fire Natalie one morning
ABC Enterprises's employment manual and personnel bulletin both state that, as a
matter of policy, workers will be dismissed only for a good cause. If an employee
reasonably expects ABC to follow this policy, a court may final that there is a
_________ contract based on the terms stated in the manual and bulletin. - answer
Implied Contract.
Goldfinch Company induces a prospective employee to leave a lucrative job and move
to another state by offering a "long time job with thriving business." Goldfinch is having
significant financial problems and goes bankrupt so the position is no longer available
for the employee. - answer The employee may be able to bring an action against
Goldfinch Company for fraud. (Tort)
Alexander's boss points a gun at Alexander and shouts, " YOU'RE FIRED!" This is an
example of... - answer Exceptions of Employment-At-Will based on Tort Theory
,Intentional Infliction of Emotional Distress
Rebecca works at a nursing home. One of the patients at the home was wheel-chair
bound and could be moved only be two persons using a belt. When Rebecca
discovered that the patient had been improperly moved and injured as a result she
reported the incident to the authorities, as she was required by state law. Rebecca's
supervisor fired her shortly after that. What happened in court? - answer The court
held that although Rebecca was an employee at will, she was protected in this instance
from firing because a very clear mandate of public policy had been violated.
Tyler works for Walmart. Tyler gets hurt while on the job and suffers permeant knee
damage. The manager of Walmart fires Tyler for claiming workers compensation. What
happens? - answer Although Tyler was an employee at will, Tyler is exercising his
Statutory Right .
exceptions based on public policy
Matt was summoned for jury duty and was required to leave his job for two months.
Upon his return, his employer said his position had been filled. Does Matt have a valid
claim for wrongful discharge against his employer?
Yes
No - answer Yes. Bc jury duty is a public obligation
Bill owns a U.S. factory that makes clothes. Can Bill hire Sally, a 12 year old girl, to
work the sewing machines in his shop? (Sally is not related to Bill.)
No, assuming clothing manufactures are not an industry that permits child labor;
Yes, but Sally can only work during certain times of the day and for a limited number of
hours - answer No. Sally is only 12 and not related to Bill.
Children under the age of 14 can only perform work like newspaper delivery, some
farming, entertainment, working with parents with time and hour restrictions
Minimum wage (Federal and State) - answer Federal: 7.25 per hour
State: May have a higher minimum wage then federal
Ben is an accountant. He works for a large accountant firm and earns a fixed salary.
Ben usually works 40 hours per week, but for 8 weeks this year he worked 60 hours per
week. Under the FLSA, is Ben entitled to 1.5 times his regular weekly wage for 20 hours
per week for the 8 weeks during which he worked longer hours?
Yes No - answer No. Question about overtime pay. He is an accountant. Look to see
on exam if the person is paid fixed salary or hourly
If he was a factory worker he would be paid overtime!
Jobs like deliver newspapers, work for their parents, work in the entertainment industry
and farming areas are... - answer Children under 14
, Children who are _______ are allowed to work, but not in hazardous occupations -
answer 14 or 15
The ______ act requires large employers to provide 60 days notice to employees or
their union manager if the plant is closing - answer The Worker Adjustment and
Retraining Notification Act (WARN)
Conditions/Coverage for the Family and Medical Leave Act (FMLA) - answer
Employers with 50+ employees must provide up to 12 weeks of unpaid family or
medical leave in any 12 month period for any employee who has worked for over 1 yr.
Three years after Robert began working for his current employer, Robert's wife had a
baby. Robert took off 8 weeks from work. Must Robert's employer pay Robert his
regular salary during the time Robert took off?
Yes
No - answer No. FMLA leave time does NOT have to be paid
True or False: Employers must provide notice when an absence will count as authorized
FMLA Leave. - answer True
Penn State buildings all have fire detectors and emergency exits. This is enforced by
____ - answer OSHA: Occupational Safety and Health Act
Ben works at Three Mile Island (TMI), a nuclear power reactor. Ben noticed that his
personal badge radioactivity sensor badge (that detects high levels of radiation) has
registered abnormally high exposure levels, so Ben walked off the job and refuses to
return until proper testing is conducted. Under OSHA, can TMI fire Ben for failure to
perform his duties?
Yes
No - answer No. Ben noticed sensor and felt in danger
Bobby was hurt while commuting from his home to work on Monday morning. Can
Bobby claim workers' compensation benefits for the injuries he received?
Yes
No - answer No. Commuting to or from work is not considered to be on the job or in
the course of employment.
Anuja was injured on the job. Her injury occurred because her employer and a coworker
had been negligent. She has filed a state worker's compensation claim and has begun
receiving benefits, but she also wants to file litigation against her employer to obtain
additional compensation for her injuries. Will Anuja be permitted to file a lawsuit? -
answer No. An employee's acceptance of worker's compensation benefits bans the
employees from suing for injuries cause by employer's negligence.
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