WGU D352 Employment and Labor Law – 200+
Practice Questions with Verified Answers for OA
and Pre-Assessment Prep| D352 OA Prep
A company is being solicited for union representation. Employees have shown
support for the union and asked to select a union organization that a competitor
highly recommends. The company does not believe a union is what the employees
need and is trying to sway employees not to certify the union. The employees are
concerned about retaliation for voting for the union. Which right does the
employee group have to address this?
A) Holding an onsite election with secret ballots
B) Filing a lawsuit against the company
C) Requesting federal mediation
D) Calling for a strike -ANSWER- A) Holding an onsite election with secret
ballots
A chief information officer (CIO) only promotes men to the position of
information technology (IT) systems operator, which starts the promotional path
leading to IT systems manager. The majority of the corporate office IT team
members are women. A team member filed a grievance against the CIO with the
union for not being given the opportunity to be promoted, and the employer
claimed all contracts were individually negotiated. Which part of the National
Labor Relations Act addresses the rights of this team member to file a grievance
with the union concerning individual contracts?
A) Any dealings with member unit employees must be in accordance with the
collective bargaining agreement
B) Employees have the right to negotiate individual contracts
C) The union must represent all employees equally
D) The employer must provide equal pay for equal work -ANSWER- A) Any
dealings with member unit employees must be in accordance with the collective
bargaining agreement
Warehouse workers are looking to unionize, and a small minority of managers
working in the front office want to join them. Why are the managers forbidden
1
,from joining the warehouse workers' unionization efforts?
A) A majority of the managers did not vote to be included
B) Managers are prohibited from joining unions
C) Managers are not employees under the NLRA
D) Managers must form their own union -ANSWER- A) A majority of the
managers did not vote to be included
What does the National Labor Relations Board (NLRB) consider to be a
community of interests when determining an appropriate bargaining unit?
A) Whether employees have similar jobs, skills, training, or pay
B) Whether employees work in the same department
C) Whether employees share the same supervisor
D) Whether employees have similar seniority -ANSWER- A) Whether employees
have similar jobs, skills, training, or pay
Employees at a motor company are members of a union. These members are
holding an election of union officers to take place at the union hall after each shift
is completed. Which action by the employer is considered an unfair labor practice?
A) Providing financial support to help get a particular candidate elected
B) Posting information about union elections
C) Allowing employees time off to vote
D) Discussing union elections with employees -ANSWER- A) Providing financial
support to help get a particular candidate elected
Negotiations between an employer and the union have proceeded without success.
The union has told its members to walk off the job. The employer has forbidden
any union members who want to report for work from being admitted to the
workplace premises. Which employer practice does this example demonstrate?
A) Lockout
B) Strike
C) Boycott
D) Picketing -ANSWER- A) Lockout
Which two characteristics are included in the EEOC's definition of race?
A) Culture and perception
B) Religion and ethnicity
C) Color and national origin
D) Gender and age -ANSWER- A) Culture and perception
2
,During which step does the plaintiff respond to the employer during an EEOC
discrimination claim hearing?
A) Rebuttal
B) Opening statement
C) Closing argument
D) Cross-examination -ANSWER- A) Rebuttal
A group of state rail workers decides to strike. Among their demands, they want
more benefits and while arbitration is in the contract, the union members want
mediation because they feel it will protect their bargaining rights. Why do the rail
workers want mediation instead of arbitration?
A) Mediation is less formal than arbitration
B) Mediation is binding
C) Mediation is faster than arbitration
D) Mediation is required by law -ANSWER- A) Mediation is less formal than
arbitration
An employee resigned without notice due to a hostile company environment and
poor management. The employee was fearful that their resignation would cause
some form of retaliation. They need to have income, so they file a claim for
unemployment. The company appeals the claim on the grounds that the employee
resigned. The mediator sides with the employee and grants unemployment. Which
issue should this company improve to mitigate future claims?
A) Constructive discharge complaints
B) Termination policies
C) Employee training
D) Performance evaluations -ANSWER- A) Constructive discharge complaints
Which system for employers determines worker eligibility using Form I-9?
A) E-Verify
B) SSN-Verify
C) USCIS-Verify
D) Work-Verify -ANSWER- A) E-Verify
A high school dismisses a teacher after learning the teacher has engaged in
significant misconduct involving students. In order to convince the teacher to leave
without filing a lawsuit, the school provides a very positive but misleading letter of
recommendation for the teacher to present to prospective employers. Which legal
risk does the employer face in this situation?
3
, A) Negligent referral
B) Defamation
C) Misrepresentation
D) Fraud -ANSWER- A) Negligent referral
For which hours is an employer required to pay overtime wages to a non-exempt
employee under the Fair Labor Standards Act?
A) Any hours worked beyond 40 in a one-week period
B) Any hours worked beyond 8 in a day
C) Any hours worked on weekends
D) Any hours worked beyond 40 in a two-week period -ANSWER- A) Any hours
worked beyond 40 in a one-week period
A government agency wants to drug test its employees, but it is concerned about
legal ramifications of possible privacy concerns regarding its testing. To address
these concerns, the firm conducts pre-employment drug screening and random
drug testing of employees each quarter. Should the firm be concerned about legal
challenges to its policy?
A) Yes. Because the agency is a government entity, the employees are protected
from drug searches unless there is reasonable suspicion that they are engaged in
drug use
B) No. Random drug testing is always permissible for government employees
C) Yes. Government employees cannot be drug tested
D) No. Pre-employment screening is sufficient -ANSWER- A) Yes. Because the
agency is a government entity, the employees are protected from drug searches
unless there is reasonable suspicion that they are engaged in drug use
Which act regulates how consumer reporting agencies collect, correct, disseminate,
and use consumer credit information?
A) Fair Credit Reporting Act
B) Fair Debt Collection Practices Act
C) Truth in Lending Act
D) Equal Credit Opportunity Act -ANSWER- A) Fair Credit Reporting Act
Which type of consent must an employer have before obtaining a consumer credit
report on a job applicant or employee?
A) Written
B) Verbal
4
Practice Questions with Verified Answers for OA
and Pre-Assessment Prep| D352 OA Prep
A company is being solicited for union representation. Employees have shown
support for the union and asked to select a union organization that a competitor
highly recommends. The company does not believe a union is what the employees
need and is trying to sway employees not to certify the union. The employees are
concerned about retaliation for voting for the union. Which right does the
employee group have to address this?
A) Holding an onsite election with secret ballots
B) Filing a lawsuit against the company
C) Requesting federal mediation
D) Calling for a strike -ANSWER- A) Holding an onsite election with secret
ballots
A chief information officer (CIO) only promotes men to the position of
information technology (IT) systems operator, which starts the promotional path
leading to IT systems manager. The majority of the corporate office IT team
members are women. A team member filed a grievance against the CIO with the
union for not being given the opportunity to be promoted, and the employer
claimed all contracts were individually negotiated. Which part of the National
Labor Relations Act addresses the rights of this team member to file a grievance
with the union concerning individual contracts?
A) Any dealings with member unit employees must be in accordance with the
collective bargaining agreement
B) Employees have the right to negotiate individual contracts
C) The union must represent all employees equally
D) The employer must provide equal pay for equal work -ANSWER- A) Any
dealings with member unit employees must be in accordance with the collective
bargaining agreement
Warehouse workers are looking to unionize, and a small minority of managers
working in the front office want to join them. Why are the managers forbidden
1
,from joining the warehouse workers' unionization efforts?
A) A majority of the managers did not vote to be included
B) Managers are prohibited from joining unions
C) Managers are not employees under the NLRA
D) Managers must form their own union -ANSWER- A) A majority of the
managers did not vote to be included
What does the National Labor Relations Board (NLRB) consider to be a
community of interests when determining an appropriate bargaining unit?
A) Whether employees have similar jobs, skills, training, or pay
B) Whether employees work in the same department
C) Whether employees share the same supervisor
D) Whether employees have similar seniority -ANSWER- A) Whether employees
have similar jobs, skills, training, or pay
Employees at a motor company are members of a union. These members are
holding an election of union officers to take place at the union hall after each shift
is completed. Which action by the employer is considered an unfair labor practice?
A) Providing financial support to help get a particular candidate elected
B) Posting information about union elections
C) Allowing employees time off to vote
D) Discussing union elections with employees -ANSWER- A) Providing financial
support to help get a particular candidate elected
Negotiations between an employer and the union have proceeded without success.
The union has told its members to walk off the job. The employer has forbidden
any union members who want to report for work from being admitted to the
workplace premises. Which employer practice does this example demonstrate?
A) Lockout
B) Strike
C) Boycott
D) Picketing -ANSWER- A) Lockout
Which two characteristics are included in the EEOC's definition of race?
A) Culture and perception
B) Religion and ethnicity
C) Color and national origin
D) Gender and age -ANSWER- A) Culture and perception
2
,During which step does the plaintiff respond to the employer during an EEOC
discrimination claim hearing?
A) Rebuttal
B) Opening statement
C) Closing argument
D) Cross-examination -ANSWER- A) Rebuttal
A group of state rail workers decides to strike. Among their demands, they want
more benefits and while arbitration is in the contract, the union members want
mediation because they feel it will protect their bargaining rights. Why do the rail
workers want mediation instead of arbitration?
A) Mediation is less formal than arbitration
B) Mediation is binding
C) Mediation is faster than arbitration
D) Mediation is required by law -ANSWER- A) Mediation is less formal than
arbitration
An employee resigned without notice due to a hostile company environment and
poor management. The employee was fearful that their resignation would cause
some form of retaliation. They need to have income, so they file a claim for
unemployment. The company appeals the claim on the grounds that the employee
resigned. The mediator sides with the employee and grants unemployment. Which
issue should this company improve to mitigate future claims?
A) Constructive discharge complaints
B) Termination policies
C) Employee training
D) Performance evaluations -ANSWER- A) Constructive discharge complaints
Which system for employers determines worker eligibility using Form I-9?
A) E-Verify
B) SSN-Verify
C) USCIS-Verify
D) Work-Verify -ANSWER- A) E-Verify
A high school dismisses a teacher after learning the teacher has engaged in
significant misconduct involving students. In order to convince the teacher to leave
without filing a lawsuit, the school provides a very positive but misleading letter of
recommendation for the teacher to present to prospective employers. Which legal
risk does the employer face in this situation?
3
, A) Negligent referral
B) Defamation
C) Misrepresentation
D) Fraud -ANSWER- A) Negligent referral
For which hours is an employer required to pay overtime wages to a non-exempt
employee under the Fair Labor Standards Act?
A) Any hours worked beyond 40 in a one-week period
B) Any hours worked beyond 8 in a day
C) Any hours worked on weekends
D) Any hours worked beyond 40 in a two-week period -ANSWER- A) Any hours
worked beyond 40 in a one-week period
A government agency wants to drug test its employees, but it is concerned about
legal ramifications of possible privacy concerns regarding its testing. To address
these concerns, the firm conducts pre-employment drug screening and random
drug testing of employees each quarter. Should the firm be concerned about legal
challenges to its policy?
A) Yes. Because the agency is a government entity, the employees are protected
from drug searches unless there is reasonable suspicion that they are engaged in
drug use
B) No. Random drug testing is always permissible for government employees
C) Yes. Government employees cannot be drug tested
D) No. Pre-employment screening is sufficient -ANSWER- A) Yes. Because the
agency is a government entity, the employees are protected from drug searches
unless there is reasonable suspicion that they are engaged in drug use
Which act regulates how consumer reporting agencies collect, correct, disseminate,
and use consumer credit information?
A) Fair Credit Reporting Act
B) Fair Debt Collection Practices Act
C) Truth in Lending Act
D) Equal Credit Opportunity Act -ANSWER- A) Fair Credit Reporting Act
Which type of consent must an employer have before obtaining a consumer credit
report on a job applicant or employee?
A) Written
B) Verbal
4
