WGU Employment Law - C233 Assessment

Employment Law - C233 Assessment 5.0 (1 review) Students also studied Terms in this set (48) Western Governors UniversityC 233 Save WGU Employment Law C233 70 terms Dcallahan302 Preview

Pre-Assessment: Employment Law

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WGU EMPLOYMENT LAW

48 terms Joshua_Seale4 Preview Employ 39 terms kat_ Which constitutional provision mandates that federal regulations have priority over state law?Supremacy Clause Which doctrine is used by U.S. courts to align current cases with prior legal decisions?Stare decisis Two corporations have combined their management and operations into a single place with 30 total employees.Which type of business relationship is formed that now requires both companies to comply with federal employment law?Integrated enterprise Which test is used to distinguish an independent contractor from an employee?Economic realities test The employee handbook used by a temporary employment agency stated, "Employees may not be terminated except after first receiving an oral warning, then a formal written warning." Which principle is demonstrated in the handbook?Implied contract No employee with a company has ever been terminated without strict adherence to the progressive discipline procedures outlined in the employee handbook.How does the employee handbook apply in this situation?It is an implied contract for employees.

What determines employer liability under the respondent superior doctrine?The scope of employment Which term indicates that an employer may terminate an employee at any time, for any legal reason, without incurring liability?Employment-at-will Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation?Implied Which principle may prevent termination of an at-will employment relationship?Good faith and fair dealing To which agency did Title VII give authority to conduct its own enforcement litigation?

EEOC An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964.What is the first question a human resources professional should ask to determine if this law applies to the employee?Does the employee meet the eligibility requirements?A women's shelter hires only women as intake specialists and is being sued for disparate treatment.Which role does human resources have in relation to the Equal Employment Opportunity Commission (EEOC) in this scenario?Showing bona fide occupational qualification A 65-year-old woman was passed over for a job. When she inquired about this, the employer told her, "We're looking to create a younger workforce." Which type of discrimination is reflected in the scenario?Disparate treatment An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage.Which rule determines whether there was substantial impact on the protected class?Four-fifths rule Which practice is descriptive of a church requiring clergy to be of a particular denomination?Bona fide occupational qualification

A company reduced a pregnant employee's hours from 40 per week to eight on the basis that she could no longer perform the fundamental requirements of her position. The employee is suing the company.Which statute will help the employee's case?Pregnancy Discrimination Act When does the employer have the burden of proof in an EEOC discrimination claim?After the plaintiff has established the prima facie case What is the common name of the Labor Management Relations Act of 1947?Taft-Hartley Act Which three types of statutory authority does the National Labor Relations Board (NLRB) have?Choose 3 answers Judicial authority Executive authority Rule-making authority Which restraints does the Labor Management Reporting and Disclosure Act include?Unions are required to hold officer elections every three years, and candidates must have access to voter rolls.What are the employer's responsibilities after the National Labor Relations Board (NLRB) has authorized a union election?Provide the NLRB with contact information of workers eligible to vote in the election Which three outcomes are legally possible if parties cannot resolve one or more mandatory issues during collective bargaining negotiations and reach a deadlock?Choose 3 answers The union may call a strike.The employer may lock out the union workers Either party may resume discussions with the other.Employees at a motor company are members of a union.The employer and the union have begun negotiating a new collective bargaining agreement.Under which circumstance has the union committed an unfair labor practice?The union fails to attend a scheduled bargaining session with the employer.After good faith negotiations, an employer and a labor union cannot resolve an issue and have reached an impasse.What does the National Labor Relations Act (NLRA) require in this situation?The Federal Mediation and Conciliation Service must be notified.A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males.Which theory does this scenario illustrate from the male's perspective?Reverse discrimination

Which legislation prohibits discrimination based on physical limitations?Americans with Disabilities Act Which claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interfere with an employee's work performance?Hostile environment A city has an opening for a firefighter. The department lists the essential job functions as being able to walk, run, jump, lift 50 pounds, drive a vehicle, and drag at least 150 pounds. An individual has applied for the position; however, the individual cannot run due to a former injury, and is requesting a reasonable accommodation.What are the city's duties and responsibilities under the Americans with Disabilities Act as it relates to this individual?The city may reject the application as the applicant cannot perform one of the essential job functions.Whose duty is it to suggest a reasonable accommodation that is not readily obvious?Employee Which system for employers determines worker eligibility using Form I-9?E-Verify An employee has demonstrated a tendency toward violent behavior in the workplace. This tendency has developed over several years, but it was not easily discernable when the employee was initially hired. The employer is aware of the employee's violence but does not terminate the employee.Which legal risk does the employer face in this situation?Negligent retention Which penalty is imposed by the Immigration Reform and Control Act?An individual HR employee who fails to check a new worker's eligibility to work in the United States may face civil liability.A manufacturing firm with 370 employees plans to close one of its plants and lay off 56 employees. To facilitate the plant closure and allow its employees time to seek other employment, the firm gives the employees 40 days' notice of the impending closure. Because of financial troubles, the firm is not providing severance packages.Which circumstance allows the firm to take these actions without violating the Worker Adjustment Retraining Notification (WARN) Act?Layoffs due to a severe unforeseen loss of capital Which type of employee would be considered exempt from overtime under the Fair Labor Standards Act?A manager with two direct reports who receives high pay