Sources of Employment Law: A Comprehensive Guide for Law Students

Question 1

True or False: Common law doctrines can be employed to supplement statutes and regulations in employment law.

Accepted Answer

True

Answer

False

Question 2

Which of the following agencies enforces the federal Equal Pay Act?

Accepted Answer

Wage and Hour Division of the Department of Labor

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

National Labor Relations Board (NLRB)

Answer

Occupational Safety and Health Administration (OSHA)

Question 3

True or False: An at-will employment relationship means that an employee can only be fired for a just cause.

Accepted Answer

False

Answer

True

Question 4

Which of the following is NOT a primary source of employment law in the United States?

Accepted Answer

Company Policies

Answer

Federal Statutes

Answer

State Statutes

Answer

Common Law

Question 5

Which of the following is NOT a primary source of employment law in the United States?

Accepted Answer

Custom and tradition

Answer

Federal statutes

Answer

Common law

Answer

State regulations

Question 6

The Fair Labor Standards Act (FLSA) is an example of a:

Accepted Answer

Federal statute

Answer

Executive order

Answer

State regulation

Answer

Common law rule

Question 7

In which of the following situations would common law most likely be the governing source of employment law in the United States?

Accepted Answer

When the parties' agreement is silent on a particular issue

Answer

When a federal statute explicitly preempts state law

Answer

When a state regulation specifically addresses the issue

Question 8

The doctrine of stare decisis is most closely associated with which source of employment law in the United States?

Accepted Answer

Common law

Answer

Federal statutes

Answer

Executive orders

Answer

State regulations

Question 9

In which of the following cases would a state regulation likely be preempted by a federal statute in the United States?

Accepted Answer

When the federal statute explicitly states that it preempts all state laws on the same subject

Answer

When the state regulation is more flexible

Answer

When the state regulation is more protective of employees

Question 10

Which of the following best describes the role of executive orders in employment law in the United States?

Accepted Answer

Temporary and subject to change with each administration

Answer

Codified in the United States Code

Answer

Binding on all employers and employees

Question 11

The National Labor Relations Act (NLRA) is an example of a:

Accepted Answer

Federal statute that establishes the right to unionize in the United States

Answer

State regulation that prohibits discrimination in employment

Answer

Common law rule that governs the duty of loyalty

Question 12

Which of these is NOT a source of employment law in the United States?

Accepted Answer

International Treaties

Answer

State Regulations

Answer

Common Law

Answer

Federal Statutes

Question 13

Identify the type of employment law source that the Fair Labor Standards Act (FLSA) represents:

Accepted Answer

Federal Statute

Answer

International Treaty

Answer

State Regulation

Answer

Common Law Principle

Question 14

Which source of employment law originates from judicial decisions in specific cases?

Accepted Answer

Common Law

Answer

International Treaties

Answer

Federal Statutes

Answer

State Regulations

Question 15

The Americans with Disabilities Act (ADA) is a federal statute that prohibits discrimination against individuals with:

Accepted Answer

Disabilities

Answer

Age

Answer

Race

Question 16

A key concept in the employment-at-will doctrine is:

Accepted Answer

An employer can terminate an employee's employment for any reason, or no reason at all.

Answer

An employee can only be terminated for a breach of contract.

Answer

An employer must have a just cause to terminate an employee's employment.

Question 17

The Equal Pay Act (EPA) prohibits employers from discriminating on the basis of:

Accepted Answer

Gender

Answer

Disability

Answer

Race

Answer

Age

Question 18

When determining whether an individual is an independent contractor or an employee, a crucial factor considered by courts is:

Accepted Answer

The level of control the employer has over the individual's work.

Answer

The individual's tax status

Answer

The individual's title

Question 19

The primary purpose of the Age Discrimination in Employment Act (ADEA) is to:

Accepted Answer

Prohibit discrimination against employees who are 40 years of age or older.

Answer

Provide financial assistance to older workers who are unemployed.

Answer

Promote the hiring of older workers.

Question 20

Which of the following is NOT considered a primary source of employment law in the United States?

Accepted Answer

International treaties

Answer

State regulations

Answer

Federal statutes

Answer

Common law

Question 21

The Fair Labor Standards Act (FLSA) is an example of which source of employment law?

Accepted Answer

Federal statute

Answer

International treaty

Answer

Common law doctrine

Answer

State regulation

Question 22

Select the option that describes a key benefit of the common law as a source of employment law:

Accepted Answer

Provides flexibility and adaptability to changing circumstances

Answer

Ensures uniformity and predictability in employment relationships

Answer

Offers comprehensive and specific guidance on all employment matters

Question 23

According to the principle of federal preemption in employment law, can state employment laws be more lenient than federal employment laws?

Accepted Answer

False

Answer

It depends on the specific law

Answer

True

Question 24

Which of the following is a potential disadvantage of using regulations as a source of employment law?

Accepted Answer

Regulations can be complex and subject to differing interpretations

Answer

Regulations provide clear and specific guidance

Answer

Regulations are regularly updated and revised

Answer

Regulations offer flexibility and adaptability

Question 25

Which administrative agency is responsible for enforcing Title VII of the Civil Rights Act of 1964?

Accepted Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Wage and Hour Division

Answer

Occupational Safety and Health Administration (OSHA)

Question 26

Which of the following is NOT a characteristic of employment at will?

Accepted Answer

Requires a written employment contract

Answer

Employment at will is based on the principle of mutual consent

Answer

Neither party is obligated to provide reasonable notice before terminating the employment relationship

Answer

Either party can terminate the employment relationship at any time, with or without cause

Question 27

Are employers legally obligated to provide their employees with a safe and healthy workplace?

Accepted Answer

True

Answer

False

Answer

Only if specifically requested by employees

Question 28

Which of the following is NOT a primary source of federal employment law in the United States?

Accepted Answer

State court decisions

Answer

The Fair Labor Standards Act (FLSA)

Answer

The Americans with Disabilities Act (ADA)

Answer

The Civil Rights Act of 1964 (Title VII)

Question 29

A company's employee handbook, outlining termination policies, is an example of which source of employment law?

Accepted Answer

Internal company policy

Answer

Federal statute

Answer

Common law

Answer

State regulation

Question 30

The 'at-will' employment doctrine is a principle derived from which source of employment law?

Accepted Answer

Common law

Answer

State regulation

Answer

Federal statute

Answer

Executive order

Question 31

The Family and Medical Leave Act (FMLA) is an example of what type of employment law?

Accepted Answer

Federal statute

Answer

Common law

Answer

State regulation

Question 32

A state law requiring employers to provide paid sick leave is an example of which source of employment law?

Accepted Answer

State statute

Answer

Common law

Answer

Executive order

Answer

Federal statute

Question 33

Which statement accurately describes the relationship between federal and state employment laws?

Accepted Answer

State laws can offer more employee protections than federal laws, but they cannot contradict federal laws.

Answer

State laws can override federal laws if they provide less employee protection.

Answer

Federal laws always supersede state laws in employment matters.

Question 34

In the absence of a specific federal or state law, how are employment disputes often resolved?

Accepted Answer

Through the application of common law principles.

Answer

By referring to internal company policies.

Answer

Through mediation conducted by a government agency.

Question 35

Which of the following is NOT a common law doctrine relevant to employment law?

Accepted Answer

The right to free speech in the workplace

Answer

The doctrine of promissory estoppel

Answer

The doctrine of wrongful discharge

Answer

The doctrine of employment-at-will

Question 36

Which of the following is NOT a primary source of employment law in the United States?

Accepted Answer

Common Law Contracts

Answer

Administrative Regulations

Answer

Federal Statutes

Answer

State Statutes

Question 37

The Fair Labor Standards Act (FLSA) is an example of which source of employment law?

Accepted Answer

Federal Statute

Answer

Executive Order

Answer

Common Law

Answer

State Statute

Question 38

What is the relationship between federal and state employment laws in the United States?

Accepted Answer

States can pass laws that offer greater employee protections than federal laws.

Answer

States and federal governments share equal authority in all employment law matters.

Answer

Federal laws always override state laws regarding employment.

Answer

State laws cannot be more restrictive than federal laws in employment matters.

Question 39

The Americans with Disabilities Act (ADA) primarily falls under which category of employment law?

Accepted Answer

Anti-discrimination Law

Answer

Wage and Hour Law

Answer

Employee Benefits Law

Answer

Safety and Health Law

Question 40

Which source of employment law is most directly represented by a company's employee handbook?

Accepted Answer

Contract Law

Answer

State Statute

Answer

Federal Statute

Answer

Administrative Regulation

Question 41

The doctrine of 'employment-at-will' primarily originates from which source of employment law?

Accepted Answer

Common Law

Answer

State Statute

Answer

Administrative Regulation

Answer

Federal Statute

Question 42

What is the primary role of administrative regulations in employment law?

Accepted Answer

They provide detailed guidance on implementing and enforcing existing statutes.

Answer

They are generally less formal and more flexible than statutory law.

Answer

They have the power to create entirely new employment laws.

Answer

They are the main source of employment law in the United States.

Question 43

A state law prohibiting discrimination against employees based on their sexual orientation is an example of which source of employment law?

Accepted Answer

State Statute

Answer

Administrative Regulation

Answer

Federal Statute

Answer

Common Law

Question 44

Which of the following is NOT a major category of employment law?

Accepted Answer

Environmental Law

Answer

Wage and Hour Law

Answer

Employee Benefits Law

Answer

Anti-discrimination Law

Question 45

When a federal agency issues guidelines for employers on complying with the Family and Medical Leave Act (FMLA), this is an example of which source of employment law?

Accepted Answer

Administrative Regulation

Answer

State Statute

Answer

Common Law

Answer

Federal Statute