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The Family and Medical Leave Act covers private employers with ______________ or more employees.


A) 20
B) 25
C) 50
D) 75
E) 100

F) B) and E)
G) A) and E)

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Reference - Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. What type of harassment was involved in Candy's indication to Bruce that if he wanted a new blow dryer, then he needed to take her out on a date?


A) Quid pro quo
B) Hostile work environment
C) Sexual annoyance
D) Quid pro quo, hostile work environment, and sexual annoyance
E) Quid pro quo and hostile work environment, but not sexual annoyance

F) A) and B)
G) C) and D)

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Which of the following is a federal law regulating the payment of wages and overtime?


A) The Fair Pay Act
B) The Fair Labor Standards Act
C) The Regulatory Wage Act
D) The Subsistence Pay Act
E) The Legal Pay Act

F) B) and E)
G) C) and D)

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Through which of the following does the government primarily regulate workplace safety?


A) The Occupational Safety and Health Act
B) The Fair Labor Standards Act
C) The Wagner Act
D) The Taft-Hartley Act
E) The Workplace Enhancement Act

F) B) and C)
G) B) and E)

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What is the federal minimum wage?


A) $5.85
B) $6.00
C) $6.50
D) $7.00
E) $7.25

F) C) and D)
G) B) and E)

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Reference - Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Which of the following is true regarding Robert's claim of sexual harassment?


A) He will be able to prevail only if he visits a psychologist.
B) He will not be able to prevail because Candy did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C) A recovery by Bruce does not establish that Robert should recover because Robert would need to show that he subjectively found Candy's conduct unwelcome.
D) Candy's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant.
E) Robert will be able to recover only if he can establish that he did not benefit by favors at work based upon Candy's actions.

F) B) and D)
G) B) and C)

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Which of the following enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependants under the employer's policy?


A) The Employee Income Security Act
B) The Consolidated Omnibus Budget Reconciliation Act
C) The Family and Medical Leave Act
D) The Fair Labor Standards Act
E) Workers' compensation laws

F) B) and C)
G) C) and E)

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Which of the following interprets and enforces the National Labor Relations Act?


A) The Federal Union Board
B) The Collective Bargaining Board
C) The National Labor Relations Board
D) The Mandatory Negotiations Board
E) The Federal Labor Oversight Board

F) A) and C)
G) A) and D)

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Which of the following was the primary purpose for enactment of the Equal Pay Act?


A) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job.
B) To eliminate situations in which less qualified men were hired as opposed to better qualified women.
C) To eliminate situations in which women and men were being paid less than deserved for certain types of work.
D) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men were hired as opposed to better qualified women; and to eliminate situations in which women and men were being paid less than deserved for certain types of work.
E) To eliminate situations in which women, working alongside men or replacing men, would be paid lower wages for doing substantially the same job; to eliminate situations in which less qualified men were hired as opposed to better qualified women; but not to eliminate situations in which women and men were being paid less than deserved for certain types of work.

F) None of the above
G) D) and E)

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Under Title VII of the Civil Rights Act, employers may not be held liable for harassment of their employees by nonemployees.

A) True
B) False

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Reference - Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Bolivar's statement that Phyllis has no entitlement to information until she is at least 60 years old?


A) He is incorrect, and Phyllis is entitled to a "rights review description."
B) He is incorrect, and Phyllis is entitled to an "entitlement description."
C) He is incorrect, and Phyllis is entitled to a "summary plan description."
D) He is incorrect, and Phyllis is entitled to a "plan analysis description."
E) He is correct.

F) A) and B)
G) D) and E)

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Which of the following was the result in Teresa Harris v. Forklift Systems, Inc., the case in the text in which the U.S. Supreme Court addressed the issue of whether an employee must suffer serious psychological damage in order to pursue damages for a claim of sexual harassment?


A) That Title VII is limited to "economic" or "tangible" discrimination and that a plaintiff may not recover unless psychological damages were sufficiently severe to result in an economic impact on the plaintiff's ability to work.
B) That under Title VII, an economic impact on the plaintiff's ability to earn is unnecessary, but that the plaintiff must demonstrate serious psychological damage.
C) That under Title VII, so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
D) That under Title VII, so long as the environment is subjectively perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
E) That under Title VII, whether an environment is psychologically injurious may not be admitted into evidence because such evidence is irrelevant.

F) All of the above
G) B) and C)

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Title VII applies to employers who have ______________ or more employees for ______________ consecutive weeks within one year and who are engaged in a business that affects commerce.


A) 15; 20
B) 50; 20
C) 15; 30
D) 20; 50
E) 20; 52

F) B) and E)
G) None of the above

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The concept of employment-at-will includes the concept that an employee may quit at anytime.

A) True
B) False

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Reference - Dogs and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high-school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Penny's action in federal court?


A) Her lawsuit was improperly filed because she did not first file with the federal Equal Employment Opportunity Commission, and she lacked a right to sue letter.
B) Her lawsuit was improperly filed because she did not first insist on mediation.
C) Her lawsuit was improperly filed because she did not first insist on arbitration.
D) Her lawsuit was properly filed because her state had no state Equal Opportunity Commission.
E) Her lawsuit was properly filed regardless of whether or not her state had a state Equal Opportunity Commission.

F) A) and D)
G) None of the above

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Which of the following is a recognized term for a way to prove discrimination under Title VII?


A) Disparate treatment
B) Disparate impact
C) Similarity differences
D) Disparate treatment, disparate impact, and similarity differences
E) Disparate treatment and disparate impact, but not similarity differences

F) C) and D)
G) B) and D)

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Leave provided under the Family and Medical Leave Act must be paid leave.

A) True
B) False

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Reference - Dog and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high-school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Paul's test for patience?


A) Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and construct validity references measuring a psychological trait needed to perform the job.
B) Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and credited validity references measuring a psychological trait needed to perform the job.
C) Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving construct validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue.
D) Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving credited validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue.
E) Paul is prohibited by Title VII from doing any testing at all.

F) A) and E)
G) C) and D)

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How much must an employee pay in order to continue health benefits under COBRA?


A) One half the policy premiums.
B) All the policy premiums, plus up to a 5 percent administrative fee.
C) Only whatever percentage of policy premiums the employee paid prior to leaving the job.
D) All the premiums, plus up to a 2 percent administration fee.
E) Nothing because the employer must cover all premiums.

F) None of the above
G) All of the above

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Reference - Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following addresses the retention of medical benefits upon leaving a job?


A) The Consolidated Omnibus Budget Reconciliation Act (COBRA)
B) The Medical Benefits Retention Act (MBRA)
C) The Health and Maintenance Act (HMA)
D) The Comprehensive Medical Benefits Retention Act (CMBRA)
E) There is no such law.

F) B) and D)
G) A) and E)

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