HRM 510 Week 5 Midterm Exam – Strayer NEW

HRM 510 Week 5 Midterm Exam – Strayer NEW

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Chapters 1 Through 7

CHAPTER 1

OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions


MULTIPLE CHOICE QUESTIONS

1. U.S. employment law is:
a. a complete body of federal law
b. a complete body of federal and state law
c. a fragmented work in progress
d. a fragmented body of common law


2. The best HR managers will:
a. be proactive
b. anticipate legal problems and try to avoid them
c. strictly enforce company policy when it conflicts with the law
d. a and b only
e. a through c


3. Sources of employment law include:
a. state and federal constitutions
b. state but not federal constitutions
c. executive orders
d. regulations
e. all of the above
f. a, c and d


4. The Employment at Will Doctrine means that:
a. an employer may fire  an employee for any reason not prohibited by law
b. an employer may fire an employee only for cause
c. an employer may not fire an employee
d. none of these


5. The Employment at Will Doctrine is:
a. the starting point for any analysis of an employment issue
b. the rule, unless the parties have an employment contract
c. the rule, unless the parties have signed a collective bargaining agreement
d. all of the above


6. Employment law gives employees certain substantive rights.  Among these are:
a. the right not to be fired except for cause
b. the right to vacation time and sick days
c. the right to an employer paid health insurance plan
d. none of these


7. In order to determine which employment laws apply to a certain business, one needs to consider:
a. the geographic location of the business
b. whether the business is public or private
c. how many employees the business has
d. all of these
e. two of these


8. An employee about to bring a claim for a violation of employment law must consider:
a. whether she has the right to bring a private cause of action
b. whether formal notice must be given before a claim can be made
c. whether the employee has worked for the employer for at least one year
d. all of these
e. a and b only


9. Tri-State Computers, Inc. decided to institute a mandatory arbitration agreement policy, so posted notice of the policy on its company website for all of the employees to see. The policy, as described is:
a. enforceable
b. unenforceable


10. The role of Human Resource managers in compliance with legal requirements regarding employment law includes:
a. recognizing and analyzing employment law issues
b. taking action to avoid or prevent employment disputes
c. enforcing legal requirements governing employment law
d. all of these
e. two of these



CHAPTER 1
OVERVIEW OF EMPLOYMENT LAW


MULTIPLE CHOICE QUESTIONS

1. William, aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before his 27th anniversary with the firm, you are ordered by your superior, the HR Manager, to tell him that his employment with the firm is terminated immediately.  Given the facts, as presented, the issues most likely to be raised are:
a. legal
b. ethical
c. medical
d. contract
e. none of these


2. Under U.S. employment laws, employees have the right to:
a. not be fired, as long as they do a good job and the employer’s financial condition does not require that employment levels be cut
b. be treated fairly in all aspects of the workplace, including receiving fair compensation
c. have health insurance and other basic benefits, provided that they are full-time employees
d. all of the above
e. none of the above


3. In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors?
a. the number of employees that work for the company
b. whether the employer sells goods or services to the federal government
c. the state(s) in which the employer operates
d. all of the above
e. none of the above


4. Regarding the historical development of employment law in the U.S., which of the following statements is true?
a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization
b. The earliest employment laws focused on wages and hours
c. Most employment laws were passed with little conflict, since the need for these laws was evident to employers, employees and legislators.
d. The importance of employment at will has increased over time.
e. None of the above.


5. Which of the following is generally true regarding the process of enforcing employment laws?
a. courts and government agencies hear cases only after employees come forward with complaints about violations of the law
b. employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer
c. once a claim is brought, a company’s attorneys deal with it, and managers have little involvement in the case
d. all of the above
e. none of the above


6. In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration.  The court ruled:
a. for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable.
b. for the Plaintiff employee, because the arbitration agreement was procedurally unconscionable.
c. for the Defendant employer, because none of the provisions of the arbitration agreement was unconscionable.
d. for the Defendant employer because the unconscionable parts of the arbitration agreement could be stricken, and the arbitration could proceed.


7. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year
d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
e. none of the above


8. Which of the following statements is true of arbitration?
a. historically, arbitration has been used to resolve disputes over contractual rights
b. arbitrators’ decisions are usually advisory and not considered final
c. arbitrators have less control over the outcomes of disputes than do mediators.
d. arbitration is always more costly and time-consuming than litigation
e. none of these


9. Regarding the interrelationship of federal and state employment laws:
a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists


10. In Wal-Mart Stores v Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1 ½ million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common.  The court ruled:
a. for the Plaintiff employees, because they had all suffered the same injury – a violation of Title VII
b. for the Plaintiff employees, because Wal-Mart was guilty of a pattern or practice of discrimination based on its corporate culture
c. for Wal-Mart, because a lawsuit with 1.5 million plaintiffs was simply unwieldy
d. for Wal-Mart, because the claims did not have common questions of law and fact


11. In EEOC v Fed Ex, the EEOC sued Fed Ex on behalf of a deaf  employee who was denied reasonable accommodation under the Americans with Disabilities Act (ADA) over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a good-faith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:
a. the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA
b. the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy
c. a good faith effort was not required
d. none of these


12. Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?
a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them
b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an