WGU C233 EMPLOYMENT LAW
EXAM 2025 QUESTIONS AND
ANSWERS
Which employer action is a possible employer defense to a claim asserted under the
federal Age Discrimination in Employment Act (ADEA)? - ....ANSWER ...-
Employing fewer than 10 employees so the ADEA does not apply
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
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question a human resources professional should ask
to determine if this law applies to the employee? - ....ANSWER ...-Does the
employee meet the eligibility requirements?
Which test is used to distinguish an independent contractor from an employee? -
....ANSWER ...-Economic realities test
Which two types of conduct make a company liable for race-based harassment? -
....ANSWER ...-Pervasive conduct
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 1
,Unwelcome conduct
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? - ....ANSWER ...-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 type of information is covered by the Fair Credit Reporting Act? -
....ANSWER ...-Medical records
Which penalty is imposed by the Immigration Reform and Control Act? -
....ANSWER ...-An individual HR employee who fails to check a new worker's
eligibility to work in the United States may face civil liability.
A manufacturing firm with 370 employees plans 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 days' notice of the impending closure.
Because of financial troubles, the firm is not providing severance packages. Which
circumstance allows the firm to take these actions without violating the Worker
Adjustment Retraining Notification (WARN) Act? - ....ANSWER ...-Layoffs due to
a severe unforeseen loss of capital
Which three types of statutory authority does the National Labor Relations Board
(NLRB) have? - ....ANSWER ...-Judicial authority
Executive authority
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 2
,Rule-making authority
What are the employer's responsibilities after the National Labor Relations Board
(NLRB) has authorized a union election? - ....ANSWER ...-Provide the NLRB with
contact information of workers eligible to vote in the election
Which three 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.
After good faith negotiations, an employer and a labor union cannot resolve an issue and
have reached an impasse. What does the National Labor Relations Act (NLRA) require
in this situation? - ....ANSWER ...-The Federal Mediation and Conciliation Service
must be notified.
There is a misconception that the FLSA prevents employers from - ....ANSWER ...-
requiring workers to work more than eight hours per day or more than forty hours per
week. This is not so. The FLSA does require that overtime be paid, and that it is earned
on a weekly, not daily, basis.
The ______________ is the most frequently violated OSHA regulation. -
....ANSWER ...-continual training requirement
Under this requirement, employers are required to provide training to workers on a
periodic basis and whenever an employee is hired or transferred to a new job
assignment.
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 3
, In common law, an injured employee could make a tort claim against an employer for
negligence if the employer's breach of the duty to provide a safe workplace caused the
worker's injury. However, three employer defenses severely limit the relief an injured
worker could obtain. These are: - ....ANSWER ...-Contributory negligence-the
worker's errant conduct that contributes to the injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety
regulations and remedies to injured workers were uneven.
The WARN allows for an employer to escape the notice requirements if: -
....ANSWER ...-The plant shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to
continue operations
WARN requires employers with over - ....ANSWER ...-100 employees to provide
detailed written advance notification of plant closings and mass layoffs to affected
employees, union bargaining units, and state and local government officials at least 60
days prior to the closing. Employers are prohibited from plant closings or mass layoffs
until the end of the 60-day notice period.
In a retaliation referral claim, a former employee must show that - ....ANSWER ...-
the negative referral provided by the former employer was in response to an employee's
claims of discrimination or acts of whistleblowing. The U.S. Supreme Court held that the
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 4
EXAM 2025 QUESTIONS AND
ANSWERS
Which employer action is a possible employer defense to a claim asserted under the
federal Age Discrimination in Employment Act (ADEA)? - ....ANSWER ...-
Employing fewer than 10 employees so the ADEA does not apply
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
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question a human resources professional should ask
to determine if this law applies to the employee? - ....ANSWER ...-Does the
employee meet the eligibility requirements?
Which test is used to distinguish an independent contractor from an employee? -
....ANSWER ...-Economic realities test
Which two types of conduct make a company liable for race-based harassment? -
....ANSWER ...-Pervasive conduct
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 1
,Unwelcome conduct
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? - ....ANSWER ...-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 type of information is covered by the Fair Credit Reporting Act? -
....ANSWER ...-Medical records
Which penalty is imposed by the Immigration Reform and Control Act? -
....ANSWER ...-An individual HR employee who fails to check a new worker's
eligibility to work in the United States may face civil liability.
A manufacturing firm with 370 employees plans 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 days' notice of the impending closure.
Because of financial troubles, the firm is not providing severance packages. Which
circumstance allows the firm to take these actions without violating the Worker
Adjustment Retraining Notification (WARN) Act? - ....ANSWER ...-Layoffs due to
a severe unforeseen loss of capital
Which three types of statutory authority does the National Labor Relations Board
(NLRB) have? - ....ANSWER ...-Judicial authority
Executive authority
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 2
,Rule-making authority
What are the employer's responsibilities after the National Labor Relations Board
(NLRB) has authorized a union election? - ....ANSWER ...-Provide the NLRB with
contact information of workers eligible to vote in the election
Which three 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.
After good faith negotiations, an employer and a labor union cannot resolve an issue and
have reached an impasse. What does the National Labor Relations Act (NLRA) require
in this situation? - ....ANSWER ...-The Federal Mediation and Conciliation Service
must be notified.
There is a misconception that the FLSA prevents employers from - ....ANSWER ...-
requiring workers to work more than eight hours per day or more than forty hours per
week. This is not so. The FLSA does require that overtime be paid, and that it is earned
on a weekly, not daily, basis.
The ______________ is the most frequently violated OSHA regulation. -
....ANSWER ...-continual training requirement
Under this requirement, employers are required to provide training to workers on a
periodic basis and whenever an employee is hired or transferred to a new job
assignment.
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 3
, In common law, an injured employee could make a tort claim against an employer for
negligence if the employer's breach of the duty to provide a safe workplace caused the
worker's injury. However, three employer defenses severely limit the relief an injured
worker could obtain. These are: - ....ANSWER ...-Contributory negligence-the
worker's errant conduct that contributes to the injury
Assumption of the risk-the worker knew and accepted the risk of potential injury; and
Fellow servant rule-another employee, not the employer, caused the injury.
Additionally, there were no national safety standards for the workplace, so work safety
regulations and remedies to injured workers were uneven.
The WARN allows for an employer to escape the notice requirements if: -
....ANSWER ...-The plant shutdown or layoffs are due to a natural disaster
The firm experiences a severe and unforeseen loss of capital
When the company is faltering and giving notice would prevent obtaining capital to
continue operations
WARN requires employers with over - ....ANSWER ...-100 employees to provide
detailed written advance notification of plant closings and mass layoffs to affected
employees, union bargaining units, and state and local government officials at least 60
days prior to the closing. Employers are prohibited from plant closings or mass layoffs
until the end of the 60-day notice period.
In a retaliation referral claim, a former employee must show that - ....ANSWER ...-
the negative referral provided by the former employer was in response to an employee's
claims of discrimination or acts of whistleblowing. The U.S. Supreme Court held that the
...COPYRIGHT ©️ 2025, ALL RIGHTS RESERVED..... TRUSTED & VERIFIED... 4
