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C233 Employment Law Assessment And Class Notes Questions With Correct Detailed Answers..pd, Exams of Nursing

University of West London (UWL)Nursing

C233 Employment Law Assessment And Class Notes Questions With Correct Detailed Answers..pdf

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2024/2025

Available from 07/09/2025

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C233 Employment Law Assessment And
Class Notes Questions With Correct
Detailed Answers 2025.
Which constitutional provision mandates that federal regulations have priority over
state? - ANSWER- Supremacy clause
Which doctrine is used by the US courts to align current cases with prior legal
decisions? - ANSWER- 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? - ANSWER- Integrated enterprise
Which test is used to distinguish an independent contractor from an amployee? -
ANSWER- 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? - ANSWER- Implied Contract
No employee with a company has ever been terminated without strict adherence to the
progessive discipline procedures outlined in the employee handbook.
How does the employee handbook apply in this situation? - ANSWER- It's an implied
contract
Which term indicates that an employer may terminate an employee at any time for any
legal reason wiithout incurring liability? - ANSWER- Employment at will
Which type of employment contract is created by the action of the employer and
employee rather than through a formal contract negotiation? - ANSWER- Implied
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question an HR professional should ask to
determine if this law applies to the employee? - ANSWER- Does the employee meet the
eligibility requirements?
To which agency did Title VII give authority to conduct its own enforcement litigation? -
ANSWER- EEOC
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Download C233 Employment Law Assessment And Class Notes Questions With Correct Detailed Answers..pd and more Exams Nursing in PDF only on Docsity!

C233 Employment Law Assessment And

Class Notes Questions With Correct

Detailed Answers 2025.

Which constitutional provision mandates that federal regulations have priority over state? - ANSWER- Supremacy clause Which doctrine is used by the US courts to align current cases with prior legal decisions? - ANSWER- 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? - ANSWER- Integrated enterprise Which test is used to distinguish an independent contractor from an amployee? - ANSWER- 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? - ANSWER- Implied Contract No employee with a company has ever been terminated without strict adherence to the progessive discipline procedures outlined in the employee handbook. How does the employee handbook apply in this situation? - ANSWER- It's an implied contract Which term indicates that an employer may terminate an employee at any time for any legal reason wiithout incurring liability? - ANSWER- Employment at will Which type of employment contract is created by the action of the employer and employee rather than through a formal contract negotiation? - ANSWER- Implied An employee claimed the need for special treatment based on Title VII of the Civil Rights Act of 1964. What is the first question an HR professional should ask to determine if this law applies to the employee? - ANSWER- Does the employee meet the eligibility requirements? To which agency did Title VII give authority to conduct its own enforcement litigation? - ANSWER- EEOC

A woman's shelter hires only women as intake specialists and is being sued for disparate treatment. Which role does HR have in relation to the EEOC? - ANSWER- 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? - ANSWER- Disparate treatment An organization requires that job applicants have at least a bachelor's. 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? - ANSWER- Four-fifths rule Which practice is descriptive of a church requiring clergy to be of a particular denomination? - ANSWER- Bona fide occupational qualifiction A company reduced a pregnant employee's hours from 40 per week to 8 o the basis that she could no longer perform the fundamental requirements of her position. The employee is suing the company. What statute will help the employee's case? - ANSWER- Pregnancy Discriminaation Act Which claim alleges that the work atmosphere has become sexually charged with offensive behaviors that interferes with an employee's work performance? - ANSWER- Hostile environment 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? - ANSWER- Reverse Descrimination Whose duty is it to suggest a reasonable accomidation that is not readily obvious? - ANSWER- Employee Which demonstrates the goal of affermative action? - ANSWER- Correcting discriminatory practices Which employer action is a possible employer defense to a claim asserted under the Age Discrimination employment act? - ANSWER- Employing under 10 people ADEA does not apply An employee requests a schedule change to accomodate his religious practices. According to Title VII, which action is considered an undue hardship for the employer? - ANSWER- Mandating other employees chage their schedule against their objections

A manufacturing firm with 370 employees pplans 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 day notice. Because of financial troubles, the firm is not providing severance. Which circumstances allows the fir to take these actions without violating the Worker Adjustment Retraining Notification(WARN) Act? - ANSWER- Layoffs due to a sever unforseen loss of capital An employee at a firm uses chemicals to clean metal. The employee works with two others on an assembly line, and the facility is located on the ground floor of a multi-story industrial building. Which requirement will the firm face regarding this employee under OSHA regulations?

  • ANSWER- Employee must be trained in the safe handling of chemicals Which right does an employee relinquish in exchange for worker's compensaiton? - ANSWER- To sue the employer in tort An employee has a parent who was recently diagnosed with a terminal illness. The employee was full time last year and worked 2000 hours. How much time off is the employee allowed under FMLA? - ANSWER- 12 weeks Which type of statutory authority does the National Labor Relations Board have? - ANSWER- Judical Authority Executive Authority Rule-making authority What is the common name of the Labor Management Relations Act of 1947? - ANSWER- Taft-Hartley Act Which restraints does the Labor Management Reporting and Disclosure Act include? - ANSWER- Unions are required to hold officer eletions every 3 years and canidates must have access to voter rolls What are the employer's responsibilities after the NLRB has authorized a union election? - ANSWER- Provide the NLRB with contact information of workers eligible to vote in the election Which 3 outcomes are legally possible if parties cannot resolve one or more mandatory issues during collective bargaining negotiations and reach a deadlock? - ANSWER- The union may call a strike The employer may lock out the union workers Either party may resume discussions with the other Employees ar 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? - ANSWER- 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. Whar does NLRA require in this situation? - ANSWER- The federal mediation and concilliation service must be notified Which principle may prevent termination of an at-will relationship? - ANSWER- Good faith and fair dealing When does the employer have the burden of proof in an EEOC discrimination claim? - ANSWER- after the plaintiff has established the prima facie case Employee at will - ANSWER- Common law doctrine that allows employer to terminate an employee st any time for any legal reason without incurring liability 3 exceptions to at-will doctrine that protect employees - ANSWER- public policy implied contract implied cpvenant of good faith Common activities of public policy - ANSWER- employee who refuses to break the law needs to serve on jury or engages in legal whistleblowing Example of the impled covenant of good faith and fair dealing exception? - ANSWER- employer terminated an older worker right before pension was to vest where a sales person was fired just before a large commission was due constructive discharge - ANSWER- An employer allows intolerable conditions of unfairness or mistreatment to exist at work to such a degree that no reasonable employee would feel they have any option but to quit intentional interference with a contract - ANSWER- A 3rd party perhaps a co-worker or client, pressures the employer to terminate an employee without cause Privacy Act - ANSWER- Act that protects the employment records of federal government employees from disclosure without prior authorization. governs the release of private info by federal agencies about public employees Whiat governs privacy for public employees - ANSWER- The constitution and federal privacy laws govern how employers may monitor employees What type of job related social media and blog posts are protected from disciplinary action by an employer - ANSWER- Online employee statments relevant to the condition of employment and union organizing activities are proteccted activites

arbitration - ANSWER- settling a dispute by agreeing to accept the decision of an impartial outsider. method of resolving labor dispute that is lead by a neutral 3rd party. it implies a binding agreement on both parties mediation - ANSWER- voluntary process using a neutral 3rd party to negotiation as a facilitator Labor management relations act - ANSWER- Passed in 1947 to limit union power; also known as the Taft-Hartley Act provisions:

  • prohibits wildcat strikes , 2nrdy boycotts and closed union shop
  • executive brach of goverment was empowered to obtain legal strikebreaking injunctions in the courts if an impending or current strike endangers national health and safety what law created the union memberr 'bill of rights' - ANSWER- Labor management reporting and disclosure act national labor relations board - ANSWER- the federal agency empowered to enforce provisions of the NLRA and:
  • safe guards employee rights to organize
  • determines whether or not to have unions as bargaining reps
  • acts to investigate and remedy unfair labor practices commited by private employers and unions
  • provides framework and suoervison for union elections and decertification in the private sector What does the NLRB consider to e a comumunity of interests - ANSWER- employees who have similar jobs, skills, training, or pay what are two kinds of bargaining subjects - ANSWER- mandatory permissive What types of topics ar considered mandatory bargaining subjects - ANSWER- wages, benefits, hours, and lay off procedures topics of permissive bargaining subjects - ANSWER- grades of employment, technology issues, methods of performing work, supervision requirements Permissive bargaining subject - ANSWER- A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain. Intentional inflection of emotional distress - ANSWER- An employer terminates an employee in an intentionally reckless or outragous manner such that it causes serious emotinal or psychological damage

judicial review - ANSWER- Power of SCOTUS to consider whether a law complies with the constitution common law - ANSWER- legal system wher eprior judicial decisions control later cases What does the USconstitution accomplish? - ANSWER- it divides power between between branches of government precedent - ANSWER- previous or controlling court decision stare decisis - ANSWER- legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case supremacy clause - ANSWER- states that when a federal law and a state law disagree that the federal law overrides the state law What 3 different tests are commonly used to determine if a worker is an employee or an independent contractor? - ANSWER- common law agency test econoic realities test IRS 20-factor analysis Under the common law agency test a worker is an employee if - ANSWER- the employer maintains the right to control the method of work performed Courts which have applied the economic reality test look at - ANSWER- - degree of control exerted by the alleged employer over the worker

  • the worker's opportunity for profit or loss
  • the workers investment in the business
  • permanance of working relationship
  • degree of skill to required to perform the work
  • extent to which the work is an integral part of the alleged employer's business IRS 20-Factors - ANSWER- Related to control by the employer Whiat factors determine if two or more firms constitute an integrated enterprise? - ANSWER- Degree of interrelation between operations degree to which entities share management degree of common control of labor relations level of shared ownership example of interrelations between operations - ANSWER- sharing management services, payroll, and office space examples of shared management between operations - ANSWER- having common slate of managers, officers, and directors

Gender plus descrimination - ANSWER- when an employer classifies employees on the basis of gender plus another characteristic ex usually family related circumstance hostile workplace - ANSWER- a workplace in which unwelcome comments or conduct that unreasonably interfere with an employee's work performance or create an intimidating or offensive work environment for the employee who is being harassed Reasonable accommodation - ANSWER- a change that accomodates employees with disabilities so they can do the job without causing the employer 'undue hardship' (too much difficulty or expense) Examples of a disability under the ADA - ANSWER- PTSD, intellectual disabilities, mobility imparments requiring the use of a wheelchair, and cancer reverse discrimination - ANSWER- practice of favoring individuals belonging to groups known to have been discriminated against previously affermative action - ANSWER- practice of remedying effects of past discrimination in matters related to employment, such as recruitment, hiring, training, promotions and termination Elements of Affermative Action - ANSWER- Reasonable self-analysis Resonable rationale for taking affermative action reasonable affermative action Purpose of the immigration reform control act - ANSWER- to make it illegal for large employers to hire undocumented workers. penalty imposed - civil or criminal violations negligent referral - ANSWER- failure of a former employer to disclose info about former employee that leads to the injury of another person What type of consent must an employer have to obtain a credit report on a job application - ANSWER- written how big does a company have to be to have the immigration reform and control act to apply - ANSWER- 4+ Worker Adjustment and retraining notification act (WARN) - ANSWER- A federal law requiring US employers with 100 or more employees to give a 60 days' advance notice if there are 50+ employees who will be laid off as a result of a plant closing or a mass separation during any 30 day period as a part of plant closing(increases to 90 days if two or more groups are laid off at a single site within 90 days and neither group is big enough to trigger WARN obligations, the groups will be aggregated together.)

What qualifies as mass lay offs under the WARN Act - ANSWER- reduction in force that results in the loss of employment at asingle site during any 30 day period for 500 or more employees or at least 50 exceptions to WARN Act - ANSWER- Faltering companies unforseeable business circumstances natural disaster What is the minimum # of employees for a company to have in order for ADEA to apply

  • ANSWER- 20 How can employers avoid liability for age discrimination - ANSWER- the organization can establish a bona fide occupational qualification which requires an employee to be younger than the employee claiming age discrimination compencatory time - ANSWER- allowing time off instead of pay what type of employer is allowed to provide compensatory time instead of paying overtime - ANSWER- public Fair labor standards act - ANSWER- requires employers pay overtime to non-exepmt employees 3 continual training requirements under osha - ANSWER- All employers must provide training to works on a periodic basis and whenever an employee is hired or assigned to a new job When are illnesses and injuries not covered by worker's compensation - ANSWER- - when the employee engages in reckless horseplay
  • deliberately disregards safety percautions
  • worker uses drugs or alcohol FMLA - ANSWER- governs leave for employees due to parental and medical necessity and applies to all government employers and private employers with 50+ employees. allows for 12 weeks of unpaid leave. applies to employees how work a minimum of 1250 hrs in a year, experience a qualifying event, and provide timely notice to employer osha - ANSWER- Requirements it places on employers compliance and continual training requirements. Rules under compliance requirements, providing emergency exits, training on storing and using chemicals, proper ventilation, safety nets and rails, protective eyewear or masks, and periodic medical exams. Most commonly exempt employees - ANSWER- white collar professional who typically has a high degree of responsibility who works long hours and receives high compensation