1. TCO 1: The SILK factors assist in determining whether a person is:

an employee or an employer

taxed using the alternative minimum tax formula

an employee or an individual contractor

wearing proper business casual clothing.

Question 2.2. TCO 1: Bob hires Johnny to sell newspapers. Bob tells Johnny to sell the newspapers for $1.00 each. Bob has given Johnny what type of authority:

Implied Authority.

Apparent Authority.

Disciplinary Authority.

Express Authority.

Question 3.3. TCO 1: Andy Applicant is being considered for the position of CFO of ACME Co. The company wants to make sure that Andy will not disclose sensitive financial information without the permission of ACME’s board of directors. To protect the sensitive financial information, ACME Co. should get Andy to sign a:

Nondisclosure Agreement.

Restriction Agreement.

Waiver.

Workers compensation claim form.

Question 4.4. TCO 2 & 3: How did the Older Workers Benefit Protection Act (OWBPA) amend the ADEA?

prohibits discrimination against older workers who refuse to learn new skills.

prohibits discrimination against older workers who have gray hair.

prohibits discrimination against older workers because they would be a financial burden on the employer’s health insurance and pension plans.

all of the above.

Question 5.5. TCOs 2 & 3: Sexual harassment is prohibited by: (

Title VII of the Civil Rights Act.

the Equal Pay Act.

the Pregnancy Discrimination Act.

the Equal Employment Opportunity Act.

Question 6.6. TCOs 2 & 3: The Age Discrimination in Employment Act only applies to employers with:

10 or more employees.

15 or more employees.

20 or more employees

25 or more employees.

Question 7.7. TCO 2 & 3. Title VII prohibits discrimination based on race, sex, national origin, religion and:

age.

color.

sexual orientation.

no other basis.

Question 8.8. TCO 2 & 3: Discrimination on the basis of national origin is prohibited by:

Title VII of the Civil Rights Act.

Immigration Control and Reform Act.

The Unauthorized Aliens Act.

None of the above.

Question 9.9. TCOs 2 & 3: Sexual harassment encompasses which of the following types of conduct?

Requests for sexual favors.

Distribution of material of a sexual nature.

Comments or jokes of a sexual nature.

All of the above can be considered sexual harassment.

Question 10.10. TCO 2 & 3: The Americans With Disabilities Act requires employers to make:

any accommodation the disabled employee needs.

make only the accommodations that do not require more than a minimal cost to accommodate the disabled employee.

a reasonable accommodation.

a practical accommodation.

Question 11.11. TCOs 2 & 3: Martin’s male boss makes sexually inappropriate comments to Martin on a daily basis. Assuming that the conduct is severe or pervasive and unwelcome, can Martin successfully demonstrate that the conduct is unlawful sexual harassment? (Points : 5)

No, because same sex harassment is not covered by Title VII.

Yes, because Title VII prohibits all harassing conduct.

No, because Title VII does not prohibit sex based harassment directed toward males.

Yes, if the conduct was directed toward Martin based on his sex.

Question 12.12. TCO 4: Which law requires employers to obtain permission before hiring a third party to conduct a back ground check of an applicant? (Points : 5)

Fair Credit Reporting Act.

Title VII.

Fair Employment Act.

Equal Pay Act.

Question 13.13. TCO 4: A person who reports the illegal or unlawful activity of his or her employer and is then fired or demoted may have a case for: (Points : 5)

Whistle-blower.

repudiation.

retaliation.

hostile environment harassment.

quid pro quo harassment.

Question 14.14. TCO 5: The Norris-LaGuardia Act provided for each of the following except: (Points : 5)

injunctions could not be used to prohibit any person from participating in a labor dispute.

labor unions could provide relief funds to strikers.

yellow dog contracts were directly outlawed.

collective bargaining was endorsed as a matter of public policy.

Question 15.15. TCO 5: The Employees Association Labor Union believes that ACME Co. has engaged in unfair labor practices and should file a complaint with: (Points : 5)

NLRB.

EEOC.

DOL.

OSHA.

Question 16.16. TCO 6: If an employer has commited an OSHA violation, an OSHA director will issue a citation.  The employer, upon receipt, has _______- to contest the violation or it will become a final order not subject to judicial review. (Points : 5)

7 business days

15 business days

7 days

15 days

Question 17.17. TCO 6: The research arm of OSHA is known as: (Points : 5)

ROSH.

FEDOSH.

NIOSH.

FBI.

Question 18.18. TCO 6: If OSHA decides to impose fines or penalties against an employer, that employer may appeal to: (Points : 5)

the president.

Congress.

the courts.

NIOSH.

Question 19.19. TCO 7: Which of the following workers would be entitled to overtime pay? (Points : 5)

Elementary school teachers.

A baby sitter.

A manual laborer for a landscape company.

A commissioned car salesperson.

Question 20.20. TCO 7: Child labor is restricted by the: (Points : 5)

FLSA.

FMLA.

EEOC.

NLRB.

Question 21.21. TCO 8: Each week I contribute a portion of my salary to my employer’s 401k plan and that contribution is matched by my employer. This type of retirement plan is referred to as a: (Points : 5)

defined benefit plan.

defined pension plan.

defined enrollment plan.

defined contribution plan.

Question 22.22. TCO 9: The law that requires employers to provide departing employees with certification of health insurance coverage is: (Points : 5)

HIPAA.

FMLA.

ADA.

Title VII.

Question 23.23. TCO 9: COBRA requires employers to provide departing employees with health insurance continuation for at least: (Points : 5)

3 months.

12 months.

18 months.

24 months.

Question 24.24. TCO 9: The Immigration Reform and Control Act of 1986 prohibits discrimination against: (Points : 5)

Illegal aliens.

US Citizens.

Legal Reformers.

Legal aliens.

Question 25. 25. TCO 4: What does it mean when an employee acts within the “scope of employment”? Give an example of an employee that is acting within the scope of employment. (Points : 10)

Question 26. 26. TCO 5: What is a ULP? Provide three examples committed by unions. (Points : 10)

Question 27. 27. TCOs 7 and 8: Under FMLA, when can an employer request three medical certifications of a serious health condition, and at whose expense will they be done? (Points : 10)

Question 28. 28. TCOs 2 & 3: Janet Deepahli applied for a position as a marketing director. During the last interview the Executive Vice President of Marketing asked Janet how to pronounce her name at which Janet revealed her husband was from Iraq. Although she was considered the top candidate after two interviews, she was not given the job. The position was later given to another candidate of American heritage. May Janet bring a claim for national origin discrimination based on her spouse’s national origin, and if so, what must she prove? If not, why not? (Points : 15)

Question 29. 29. TCOs 2 and 3: Meredith Jones, age 42, was fired from her position as an administrative assistant. She was replaced a week later by a 25-year old. Meredith did nothing about her firing for 2 ½ years and then decided to sue for age discrimination. Will she be successful? Why or why not? (Points : 15)

Question 30. 30. TCO 4: Carleen is a waitress at the Midway Diner. She notices that members of the kitchen staff do not cover their hair while preparing food, and do not frequently wash their hands. Carleen is concerned about this practice and reports it to her manager, who does not take any action. Carleen then reports her concerns to OSHA. Can Midway fire Carleen for reporting this action? (Points : 15)

Question 31. 31. TCO 7: Cecilia is a 14-year old freshman at United High School. She works from 2pm to 10pm three days a week. In order to get to work on time she leaves school early missing her last class. Her last class rotates each day so no one really notices.  Is this permissible? Explain what law either allow or prohibits this behavior, and why. (Points : 15)

Question 32. 32. TCO 8: Who is a qualifying beneficiary under COBRA? (Points : 15)

Question 33. 33. TCO 9: National origin discrimination is prohibited against a job applicant or employee.  Besides discriminating against the job applicant or employee directly, how else might national origin discrimination occur so that the job applicant or employee would have a claim? (Points : 15)