Questions with Verified Answers for OA and Pre-Assessment
Prep D352 OA Prep
This exam assesses mastery of U.S. employment and labor law, covering the employment relationship,
discrimination statutes, labor relations, wage and hour regulation, workplace safety, benefits, and employee
privacy. It emphasizes statutory interpretation, regulatory application, and case-based reasoning across federal
frameworks. It contains 50 multiple-choice questions, each with four distractors and a fully worked rationale that
explains why the keyed answer is correct. Questions are organized into clearly labelled sections that mirror the
major content areas of the course. Targeted learning outcomes include: Apply employment discrimination statutes
to complex workplace scenarios.; Analyze labor relations rights and obligations under the NLRA and related
laws.; Evaluate compliance with wage, hour, safety, and benefits regulations.. Every item has been reviewed for
clinical accuracy, current guidelines, and clarity so that students can study with confidence and self-correct as
they work through the bank. Use it as a high-yield review immediately before the exam, or as a structured practice
tool during the unit - the rationales double as concise teaching notes. The recommended writing time is 3 hours,
with a passing score of 80%. Aligned with Aligned with U.S. university standards for undergraduate legal studies
and WGU competency-based education. standards and reflects the question style commonly seen on accredited
program examinations. Students consistently achieving above the cut score on this bank have historically gone on
to earn A+ on the corresponding course exam. Read every stem carefully - distractors are written to look
Section 1: General (Questions 1-50)
1 Which doctrine allows an employer to terminate an at-will employee for any
reason not prohibited by law?
A) Good faith and fair dealing
B) At-will employment
C) Just cause
D) Implied contract
Answer: B
Rationale: At-will employment permits termination for any lawful reason, with
exceptions like implied contract or public policy. Good faith, just cause, and implied
contract are exceptions or alternative standards, not the default rule.
2 Under Title VII, which protected class requires proof of a specific intent to
discriminate?
A) Race
B) Religion
C) Sex
D) National origin
Answer: B
Rationale: Religious discrimination claims often require showing intent to
,discriminate, unlike disparate impact claims for race, sex, or national origin. Title
VII prohibits intentional religious discrimination and requires reasonable
accommodation absent undue hardship.
3 Which NLRA section primarily protects employees' rights to engage in concerted
activities?
A) Section 7
B) Section 8(a)(1)
C) Section 9(a)
D) Section 14(c)
Answer: A
Rationale: NLRA Section 7 guarantees employees the right to self-organization,
collective bargaining, and concerted activities. Section 8(a)(1) makes it an unfair
labor practice to interfere with those rights, but Section 7 is the source of the
protection.
4 Which FLSA exemption category typically requires payment on a salary basis and
duties test?
A) Minimum wage
B) Overtime
C) White-collar
D) Child labor
Answer: C
Rationale: White-collar exemptions (executive, administrative, professional) require
salary basis and duties tests. Minimum wage, overtime, and child labor are FLSA
requirements, not exemptions.
5 OSHA's General Duty Clause requires employers to provide a workplace free
from what?
A) Recognized hazards
B) All possible risks
C) Employee negligence
D) Union disputes
Answer: A
Rationale: The General Duty Clause requires a workplace free from recognized
hazards likely to cause death or serious physical harm. It does not require
eliminating all possible risks or addressing employee negligence or union disputes.
, 6 Which ERISA fiduciary duty requires acting solely in the interest of plan
participants?
A) Loyalty
B) Prudence
C) Diversification
D) Documentation
Answer: A
Rationale: ERISA's duty of loyalty requires fiduciaries to act exclusively for
participants' benefit. Prudence, diversification, and documentation are related but
distinct fiduciary responsibilities.
7 Which form must employees complete to verify identity and work authorization
under IRCA?
A) W-4
B) I-9
C) W-2
D) 1099
Answer: B
Rationale: Form I-9 verifies identity and employment authorization. W-4 is for
withholding, W-2 reports wages, and 1099 is for independent contractors.
8 Which retaliation claim requires proof that protected activity caused an adverse
employment action?
A) Disparate impact
B) Hostile environment
C) Quid pro quo
D) Retaliation
Answer: D
Rationale: Retaliation requires showing protected activity, adverse action, and causal
link. Disparate impact, hostile environment, and quid pro quo are discrimination
theories, not retaliation elements.
9 Which privacy law restricts employer access to employee medical information?
A) HIPAA
B) ADA
C) FERPA
D) GLBA