WGU D352 EMPLOYMENT AND LABOR LAW
OA ACTUAL EXAM STUDY GUIDE
QUESTIONS AND ANSWERS
Question 1
An employee was called to act as a witness during a wage and hour investigation. The
employee agreed with another employee's complaint by admitting they had worked
off the clock at the department manager's direction. The manager was disciplined and
told not to do this again. A couple of months later, the same employee was removed
from their current department trainer position and made a regular associate. This
change in status caused the employee to lose the ability to earn extra pay as a trainer.
Correct Answer
Retaliatory demotion
Question 2
A company's employees have been called back to the workplace as they cannot
continue working remotely. However, the nation is currently in the midst of a surge in
a global pandemic. The employees are anxious about their health and safety and do
not want to get sick at work.
How should the employer decrease employee anxiety in accordance with the
Occupational Safety and Health Act?
Correct Answer
Provide protective equipment for staff
Question 3
A manager informed a food store employee that their hours would increase from
three to four on weekdays upon their 18th birthday.
Why is the food store permitted to increase this employee's hours?
Correct Answer
The Fair Labor Standards Act child labor provisions no longer apply.
Page 1 of 146
,Question 4
.
A window cleaning company has not repaired the fraying ropes for its scaffolding.
Three different employees have told their manager about the problem. The manager
states that the cables are still intact, and fraying is only cosmetic. The employees sent
emails with pictures to the Human Resources (HR) department, stating that they did
not feel safe using the scaffolding to clean windows as the risk of falling was too high.
Which action should HR take to improve the safety of the employees?
Correct Answer
Conduct an investigation with the supervisor, worker, and union representative
Question 5
A company is laying off half its technical staff due to losing a product line and has
provided a 60-day notice. The affected employees voice their frustration with the
decision to other staff. The company has begun to limit the employees' access to key
information.
Why did the company take this action?
Correct Answer
To protect proprietary information and knowledge
Question 6
A telecommunications repair employee uses their vehicle for work and is tracked
using the Global Positioning System (GPS) during work hours for productivity and
routing purposes. The next day at work, their supervisor comments about the
restaurant the employee went to with their spouse the night before. When asked how
this information was obtained, the employee is told they were still being tracked after
work. The employee visits an attorney and sues the employer.
How should the employer have protected the employee's privacy rights?
Correct Answer
Removed GPS at the end of the day
Page 2 of 146
,Question 7
An employee is attending a nine-month military training and is unable to continue
their employment during that time. Their position is a senior-level technical job, and
the requirements for the job have been updated. The employer does not want to
terminate the employee and risk a violation of the Uniformed Services Employment
and Reemployment Rights Act (USERRA).
How should the employer resolve this issue?
Correct Answer
Develop other staff to perform the job
Question 1
Worker Adjustment and Retraining Notification Act (WARN) (Time before Mass
Layoff)
Correct Answer
Enacted in 1988, it gives terminated workers an opportunity to search for
other employment or obtain additional training.
WARN requires employers with over 100 employees to provide detailed
written advance notification of plant closings and mass layoffs to affected
employees. 60 days advance notice for plant closings and mass layoffs.
Question 2
Yellow Dog Contract
Correct Answer
A document whereby an employee agrees not to organize or join a union.
Question 3
20-factor Analysis
Correct Answer
A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
Page 3 of 146
, Question 4
Affirmative Action (AA)
Correct Answer
Any action taken by an employer to overcome discriminatory effects of past
or current practices that create barriers to equal employment opportunity.
Question 5
Affirmative Action Plan
Correct Answer
"Plan that analyzes a workforce to determine whether protected classes are
underutilized in different job groups and describes how an organization will
address any underutilization that exists."
Question 6
Age Discrimination
Correct Answer
Treating an applicant or employee less favorably because of his or her age.
Question 7
Age Discrimination in Employment Act (ADEA)
Correct Answer
Enacted in 1967, it protects employees who are 40 years of age and older.
Question 8
Americans with Disabilities Act (ADA)
Correct Answer
Employers with 15 or more employees are prohibited from discriminating
against people with disabilities. In general, the employment provisions of the
ADA require equal opportunity in selecting, testing, and hiring qualified
applicants with disabilities; job accommodation for applicants and workers
with disabilities when such accommodations would not impose "undue
hardship;" and equal opportunity in promotion and benefits.
Page 4 of 146
OA ACTUAL EXAM STUDY GUIDE
QUESTIONS AND ANSWERS
Question 1
An employee was called to act as a witness during a wage and hour investigation. The
employee agreed with another employee's complaint by admitting they had worked
off the clock at the department manager's direction. The manager was disciplined and
told not to do this again. A couple of months later, the same employee was removed
from their current department trainer position and made a regular associate. This
change in status caused the employee to lose the ability to earn extra pay as a trainer.
Correct Answer
Retaliatory demotion
Question 2
A company's employees have been called back to the workplace as they cannot
continue working remotely. However, the nation is currently in the midst of a surge in
a global pandemic. The employees are anxious about their health and safety and do
not want to get sick at work.
How should the employer decrease employee anxiety in accordance with the
Occupational Safety and Health Act?
Correct Answer
Provide protective equipment for staff
Question 3
A manager informed a food store employee that their hours would increase from
three to four on weekdays upon their 18th birthday.
Why is the food store permitted to increase this employee's hours?
Correct Answer
The Fair Labor Standards Act child labor provisions no longer apply.
Page 1 of 146
,Question 4
.
A window cleaning company has not repaired the fraying ropes for its scaffolding.
Three different employees have told their manager about the problem. The manager
states that the cables are still intact, and fraying is only cosmetic. The employees sent
emails with pictures to the Human Resources (HR) department, stating that they did
not feel safe using the scaffolding to clean windows as the risk of falling was too high.
Which action should HR take to improve the safety of the employees?
Correct Answer
Conduct an investigation with the supervisor, worker, and union representative
Question 5
A company is laying off half its technical staff due to losing a product line and has
provided a 60-day notice. The affected employees voice their frustration with the
decision to other staff. The company has begun to limit the employees' access to key
information.
Why did the company take this action?
Correct Answer
To protect proprietary information and knowledge
Question 6
A telecommunications repair employee uses their vehicle for work and is tracked
using the Global Positioning System (GPS) during work hours for productivity and
routing purposes. The next day at work, their supervisor comments about the
restaurant the employee went to with their spouse the night before. When asked how
this information was obtained, the employee is told they were still being tracked after
work. The employee visits an attorney and sues the employer.
How should the employer have protected the employee's privacy rights?
Correct Answer
Removed GPS at the end of the day
Page 2 of 146
,Question 7
An employee is attending a nine-month military training and is unable to continue
their employment during that time. Their position is a senior-level technical job, and
the requirements for the job have been updated. The employer does not want to
terminate the employee and risk a violation of the Uniformed Services Employment
and Reemployment Rights Act (USERRA).
How should the employer resolve this issue?
Correct Answer
Develop other staff to perform the job
Question 1
Worker Adjustment and Retraining Notification Act (WARN) (Time before Mass
Layoff)
Correct Answer
Enacted in 1988, it gives terminated workers an opportunity to search for
other employment or obtain additional training.
WARN requires employers with over 100 employees to provide detailed
written advance notification of plant closings and mass layoffs to affected
employees. 60 days advance notice for plant closings and mass layoffs.
Question 2
Yellow Dog Contract
Correct Answer
A document whereby an employee agrees not to organize or join a union.
Question 3
20-factor Analysis
Correct Answer
A guide adopted by the Internal Revenue Service for determining if a worker
should be classified as an independent contractor.
Page 3 of 146
, Question 4
Affirmative Action (AA)
Correct Answer
Any action taken by an employer to overcome discriminatory effects of past
or current practices that create barriers to equal employment opportunity.
Question 5
Affirmative Action Plan
Correct Answer
"Plan that analyzes a workforce to determine whether protected classes are
underutilized in different job groups and describes how an organization will
address any underutilization that exists."
Question 6
Age Discrimination
Correct Answer
Treating an applicant or employee less favorably because of his or her age.
Question 7
Age Discrimination in Employment Act (ADEA)
Correct Answer
Enacted in 1967, it protects employees who are 40 years of age and older.
Question 8
Americans with Disabilities Act (ADA)
Correct Answer
Employers with 15 or more employees are prohibited from discriminating
against people with disabilities. In general, the employment provisions of the
ADA require equal opportunity in selecting, testing, and hiring qualified
applicants with disabilities; job accommodation for applicants and workers
with disabilities when such accommodations would not impose "undue
hardship;" and equal opportunity in promotion and benefits.
Page 4 of 146
