MGT 424 EXAM 1 QUESTIONS AND ANSWERS 100%
CORRECT A+ RATED
Sources of Employment Law - ANSWER Constitutions, statutes, executive orders,
regulations guidelines and administrative decisions, common law
Constitutions - ANSWER basic source of law. Address the relationships between
different levels of government and between governments and their citizens
Statutes - ANSWER laws enacted by legislatures
Executive Orders - ANSWER Issued by the executive branch (president), that affect the
employment practices of government agencies and companies that have contracts to
provide goods and services to the government. Can be overridden by legislative branch.
Regulations - ANSWER put in place only after an elaborate set of requirements for
public comment and review has been followed
Common Law - ANSWER the law that claims to remedy harm to people caused by other
people or companies
Torts - ANSWER civil wrongs that harm people
Employment at Will - ANSWER in the absence of a contact promising employment for a
specified duration, the employment relationship can be served at any time and for any
reason not specifically prohibited by law
Nondiscrimination and Equal Employment Opportunity - ANSWER central part of
employment law is set of protections for employees against discrimination based on
race, sex, age, and other grounds; Substantive Rights under Employment Law
,Freedom to Engage in Concerted Activity and Collective Bargaining - ANSWER
protecting workers with greater leverage in dealing with their employers and
negotiating contractual standards fair of treatment; Substantive Rights under
Employment Law
Terms and Conditions or Employment that Meet Minimum Standards - ANSWER protect
workers by specifying minimum standards of pay, safety, and other aspects of
employment; Substantive Rights under Employment Law
Protection of Fundamental Rights - ANSWER some legal challenges to employer
practices are based on broader civil liberties and rights; Substantive Rights under
Employment Law
Compensation for Certain Types of Harm - ANSWER employees can take legal action to
recover damages when, for example, they are the victims of employer negligence, are
defamed, or have emotional distress inflicted upon them; Substantive Rights under
Employment Law
Public Sector - ANSWER Employees are covered by state or municipal civil service laws
and tenure provisions. However, employees are subject to restrictions on their political
activities, excluded from coverage under NLRA and OSHA, and limited in their ability to
sue for violations of federal law.
Unionized - ANSWER Employer is contractually committed to live up to the terms in the
agreement made by a collective bargaining unit
Employer size - ANSWER measured in 1)financial terms and coverage is limited to
employers that exceed a min level of revenue (generally $500,000 under FLSA) and
measured in 2) number of employees- Title VII of Civil rights act and Americans with
disabilities Act limit coverage to companies with 15 or more employees, and Age
Discrimination in Employment Act applies to employers with 20 or more employees, and
FMLA applies only to employers with 50 plus employees.
Geographic location - ANSWER States are free to enact laws pertaining to issues not
, addressed by federal law, and the laws can match or exceed the protections available
under federal laws dealing with the same matters, but they can't reduce the rights
employees have under federal law. State laws reach smaller workplaces that federal
laws and may also provide more rights not available under federal laws.
Government contracts - ANSWER Uses as leverage to get employers to implement
desired workplace practices. Employers that contract to do business with fed
government and that meet certain criteria are required to engage in affirmative action
as a condition of their contracts. (such as Drug-free Workplace Act, and Rehabilitation
Act apply to private employers based on their contracts with the federal government.
Industry and Occupation - ANSWER Most employment laws apply to an industry, but can
sometimes be narrowly targeted. Example Omnibus Transportation Employee Testing
Act of 1991 mandates extensive drug and alcohol testing, but only for employees in
industries regulated by the department of Transportation ( airlines, railroads, trucking
companies). Example: Employees in historically dangerous mining industry are not
covered by OSHA, but are under the Mine Safety and Health Act.
Private Sector Employee - ANSWER An employee who works for the companies or
enterprises where the employer is a corporation
Public Sector Employee - ANSWER An employee who works for the companies or
enterprises where the employer is a government agency
Payroll Method - ANSWER the method under which an employee is counted for each full
week between when she is hired and when she leave employment, regardless of the
number of hours the employee worked during those weeks
Enforcement Procedures - ANSWER a wide variety of procedures that exist for bringing
and resolving claims related to violations of employment laws
Procedure: What does an employee decide to do
when she believes that her rights were violated? - ANSWER Both the courts and
government agencies rely on individual employees to come forward with complaints
before enforcement actions are undertaken
CORRECT A+ RATED
Sources of Employment Law - ANSWER Constitutions, statutes, executive orders,
regulations guidelines and administrative decisions, common law
Constitutions - ANSWER basic source of law. Address the relationships between
different levels of government and between governments and their citizens
Statutes - ANSWER laws enacted by legislatures
Executive Orders - ANSWER Issued by the executive branch (president), that affect the
employment practices of government agencies and companies that have contracts to
provide goods and services to the government. Can be overridden by legislative branch.
Regulations - ANSWER put in place only after an elaborate set of requirements for
public comment and review has been followed
Common Law - ANSWER the law that claims to remedy harm to people caused by other
people or companies
Torts - ANSWER civil wrongs that harm people
Employment at Will - ANSWER in the absence of a contact promising employment for a
specified duration, the employment relationship can be served at any time and for any
reason not specifically prohibited by law
Nondiscrimination and Equal Employment Opportunity - ANSWER central part of
employment law is set of protections for employees against discrimination based on
race, sex, age, and other grounds; Substantive Rights under Employment Law
,Freedom to Engage in Concerted Activity and Collective Bargaining - ANSWER
protecting workers with greater leverage in dealing with their employers and
negotiating contractual standards fair of treatment; Substantive Rights under
Employment Law
Terms and Conditions or Employment that Meet Minimum Standards - ANSWER protect
workers by specifying minimum standards of pay, safety, and other aspects of
employment; Substantive Rights under Employment Law
Protection of Fundamental Rights - ANSWER some legal challenges to employer
practices are based on broader civil liberties and rights; Substantive Rights under
Employment Law
Compensation for Certain Types of Harm - ANSWER employees can take legal action to
recover damages when, for example, they are the victims of employer negligence, are
defamed, or have emotional distress inflicted upon them; Substantive Rights under
Employment Law
Public Sector - ANSWER Employees are covered by state or municipal civil service laws
and tenure provisions. However, employees are subject to restrictions on their political
activities, excluded from coverage under NLRA and OSHA, and limited in their ability to
sue for violations of federal law.
Unionized - ANSWER Employer is contractually committed to live up to the terms in the
agreement made by a collective bargaining unit
Employer size - ANSWER measured in 1)financial terms and coverage is limited to
employers that exceed a min level of revenue (generally $500,000 under FLSA) and
measured in 2) number of employees- Title VII of Civil rights act and Americans with
disabilities Act limit coverage to companies with 15 or more employees, and Age
Discrimination in Employment Act applies to employers with 20 or more employees, and
FMLA applies only to employers with 50 plus employees.
Geographic location - ANSWER States are free to enact laws pertaining to issues not
, addressed by federal law, and the laws can match or exceed the protections available
under federal laws dealing with the same matters, but they can't reduce the rights
employees have under federal law. State laws reach smaller workplaces that federal
laws and may also provide more rights not available under federal laws.
Government contracts - ANSWER Uses as leverage to get employers to implement
desired workplace practices. Employers that contract to do business with fed
government and that meet certain criteria are required to engage in affirmative action
as a condition of their contracts. (such as Drug-free Workplace Act, and Rehabilitation
Act apply to private employers based on their contracts with the federal government.
Industry and Occupation - ANSWER Most employment laws apply to an industry, but can
sometimes be narrowly targeted. Example Omnibus Transportation Employee Testing
Act of 1991 mandates extensive drug and alcohol testing, but only for employees in
industries regulated by the department of Transportation ( airlines, railroads, trucking
companies). Example: Employees in historically dangerous mining industry are not
covered by OSHA, but are under the Mine Safety and Health Act.
Private Sector Employee - ANSWER An employee who works for the companies or
enterprises where the employer is a corporation
Public Sector Employee - ANSWER An employee who works for the companies or
enterprises where the employer is a government agency
Payroll Method - ANSWER the method under which an employee is counted for each full
week between when she is hired and when she leave employment, regardless of the
number of hours the employee worked during those weeks
Enforcement Procedures - ANSWER a wide variety of procedures that exist for bringing
and resolving claims related to violations of employment laws
Procedure: What does an employee decide to do
when she believes that her rights were violated? - ANSWER Both the courts and
government agencies rely on individual employees to come forward with complaints
before enforcement actions are undertaken
