Labor and Employment Law Questions

Running head: QUESTIONS 1
LABOR AND
EMPLOYMENT LAW
STUDENT DETAILS:
5/6/2019

QUESTIONS 2
1. Which of the following questions should you not ask an applicant in a
job interview?
A. Are you at least 18 years of age?
B. What other names have you used?
C. Do you have any health issues that would affect your employment?
D. Why is a manhole cover round?
2. You are the human resource manager who receives a call about a
former employee. The person
asks you about the quality of the person’s work. The best response to this
question is:
A. Confirm only the employee’s dates of employment
B. Provide your opinion about the quality of the person’s work
C. Hang up the phone
D. Recommend the former employee for hire
3. As a general rule, an employee in West Virginia has:
A. No rights in the workplace
B. No rights to continued employment
C. No rights to report concerns of a hostile work environment
D. A and B, but not C
E. A and C, but not B
4. Zheng v. Liberty Apparel Co., a case we discussed in class, examined:
A. The Family and Medical Leave Act
B. Age Discrimination
C. Race Discrimination
D. Joint Employment
E. None of the Above

QUESTIONS 3
5. When having someone work as an intern for an employer, an employer
should:
A. Not pay the intern because interns work for free
B. Pay the interns if they perform the same work as full-time employees
C. Have the intern performs the same work as other employees and only pay those
interns who ask to be
Paid
D. Offer the intern the same benefits and wages as its full-time employees
regardless of the work they
Do
6. An employee uses marijuana to treat his glaucoma. He does not use
marijuana at work and has a
Prescription for medical use of marijuana. While working at Wal-Mart, the
employee slips and falls,
And injures his back. Under Wal-Mart’s policy, the employee undergoes a
drug screen at the hospital,
And tests positive for marijuana, but no other substances. Based on the
case we discussed in class
Similar to this situation, Wal-Mart :
A. Could terminate the employee for testing positive on his drug test because there
was no public policy
Protecting the employee’s from termination based on his use of medical marijuana
B. Could not terminate the employee for testing positive on his drug test because
that would be
Disability discrimination
C. Could terminate the employee if it can prove the employee was not using
marijuana to treat his
Glaucoma
D. Could not terminate the employee because there was a public policy protecting
the employee’s
Medical marijuana use

QUESTIONS 4
7. An employee sues an employer for wrongful discharge. When, if at all,
may the employee receive
punitive damages from the employer?
A. When the employee proves to the jury that the employer’s actions were
malicious, reckless and/or
deliberate
B. When the employee proves to the jury that the employer’s actions were
negligent
C. Never. An employee cannot recover punitive damages in an employment case.
D. When the employee proves to the jury that s/he has suffered emotional distress
8. Laws that require the proper payment of an employee’s wages are:
A. The West Virginia Wage Payment and Collection Act
B. The Fair Labor Standards Act
C. Both A and B
D. None of the above
9. Mark is a fifty-year old construction worker. He has worked for the
same company for 30 years
without any issues. He is one of 75 construction workers. When Mark
reports to work today, his
employer fires him. Based on
only these facts, Mark likely has:
A. A gender discrimination claim
B. An age discrimination claim
C. No claim because he is at will
D. A race discrimination claim
10. Sexual orientation is:
A. Not a protected class in West Virginia
B. A protected class in West Virginia
C. A protected class in an Equal Employment Opportunity Commission case