Deck 31: Employment, Worker Protection, and Immigration Law

Question 1

The OSHA serves only as a model act and employers who violate its rules are not liable for penalties.

Answer 1

False

Question 2

OSHA is a federal administrative agency within the Department of Labor that is empowered to enforce the Occupational Health and Safety Act.

Answer 2

True

Question 3

States are allowed to enact minimum wage laws that set minimum wages higher than the federal level.

Answer 3

True

Question 4

According to the FLSA,children under the age of 14 are forbidden from working,including as newspaper deliverers.

Question 5

If an employer intentionally injures a worker,the worker cannot collect workers' compensation benefits.

Question 6

The Department of Labor permits employers to pay less than the minimum wage to students and apprentices.

Question 7

Workers' compensation acts bar injured workers from suing responsible third parties to recover damages.

Question 8

Only private employers,and not governmental bodies,come under the purview of the FSLA.

Question 9

Workers cannot both receive workers' compensation and sue their employers in court for damages.

Question 10

Child actors and performers are exempt from the child labor restriction of the FLSA.

Question 11

Employees are required to purchase workers' compensation insurance from private insurance companies or state funds.

Question 12

For an injury to be compensable under workers' compensation,the claimant must prove that he or she was harmed by an employment-related injury.

Question 13

Private civil actions are also permitted under the FLSA.

Question 14

Under common law,employees who were injured on the job could not sue their employers for negligence.

Question 15

Before the Industrial Revolution,the doctrine of laissez-faire governed the employment relationship in the United States.

Question 16

The FLSA makes it unlawful to ship goods produced by businesses that use oppressive child labor.

Question 17

An employee who earns tips must be paid minimum wage by the employer,excluding the income from tips.

Question 18

Workers' compensation insurance does not cover stress and mental illness that are employment related.

Question 19

Minimum wage laws cannot be enacted by individual cities in the United States.

Question 20

The general duty standard requires an employer to provide a work environment that does not result in its employees' mental stress.

Question 21

H-1B visa holders are allowed to bring their immediate family to the United States under the H4 visa category.

Question 22

The FLSA guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

Question 23

Living wage laws are minimum wage laws enacted by cities.

Question 24

Senior professors and physicists in research laboratories are entitled to federal overtime pay.

Question 25

Overtime pay must always be set at twice the regular pay of an employee.

Question 26

The COBRA is an act designed to prevent fraud and other abuses associated with private pension funds.

Question 27

Administrative employees who do not do manual work are exempted from the federal minimum wage requirements.

Question 28

The EB-1 visa is a visa that allows U.S.employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment.

Question 29

Executives who are compensated on a salary basis and engage in management are exempted from overtime pay.

Question 30

Under FUTA,employers are exempted from paying unemployment taxes.

Question 31

An H4 visa holder is eligible to work in the United States for minimum wages or higher.

Question 32

Which of the following is true of workers' compensation?

A)Families of workers cannot claim workers' compensation despite the death of the worker.
B)Workers' compensation is only awarded for injuries resulting from the job.
C)The claim for workers' compensation must be filed with the employer.
D)Workers' compensation is a fixed amount throughout the country.

Question 33

Before the Industrial Revolution,the doctrine of ________ governed the employment relationship in the United States.

A)laissez-faire
B)respondeat superior
C)scienter
D)voir dire

Question 34

States usually require employers to purchase ________ from private insurance companies or state funds to cover workers' compensation claims.

A)employee insurance
B)relief fund insurance
C)provident fund insurance
D)workers' compensation insurance

Question 35

Which of the following has to be necessarily proved by a claimant pursuing compensation for an injury,under workers' compensation?

A)The claimant was harmed intentionally by the employer.
B)The claimant was harmed when he or she was employed by the employer.
C)The claimant was harmed by an employment-related injury.
D)The claimant was harmed unintentionally by the employer.

Question 36

The immigration laws of the United States are administered by the USCIS.

Question 37

Software developers and other computer professionals cannot claim overtime pay.

Question 38

Vesting occurs when an employee has a nonforfeitable right to receive pension benefits.

Question 39

Workers who quit work without just cause can claim unemployment benefits.

Question 40

Overtime pay is given to non-exempt employees who work more than 40 hours a week.

Question 41

The ________ is an OSHA standard that requires an employer to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

A)general duty standard
B)specific duty standard
C)code of wellness
D)provision of nonhazardous work environment

Question 42

Who among the following are exempt from child labor restrictions in the United States?

A)children who work as newspaper deliverers
B)children who work at restaurants or fast-food stalls
C)children employed in the performing arts
D)children employed in gasoline stations

Question 43

The OSHA guidelines that set safety rules for specific equipment,procedures,types of work,unique work conditions,and the like are known as ________.

A)standard of wellness
B)specific duty standards
C)code of direction
D)general standard of work

Question 44

If an employee is injured in an automobile accident while she is driving to an off-premises restaurant during her personal lunch hour,the injury is ________.

A)covered by workers' compensation insurance
B)not covered by workers' compensation
C)covered by workers' compensation
D)not covered by employee's medical insurance

Question 45

Which of the following is true of child labor regulations adopted by the Department of Labor?

A)Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs.
B)Children between the ages of 16 and 17 may work limited hours in hazardous jobs.
C)Children under the age of 14 may work limited hours in nonhazardous jobs.
D)Children employed in agriculture have no time or work restriction.

Question 46

In which of these situations can an employee sue an employer to recover employment-related injuries?

A)The employer is self-insured.
B)The employer unintentionally injures a worker covered under workers' compensation.
C)The employee suffers an injury at work premises that is not related to work.
D)The employer intentionally injures a worker covered under workers' compensation.

Question 47

Which of the following acts establishes minimum wage and overtime pay requirements for workers in the U.S.A.?

A)FLSA
B)OSHA
C)FMLA
D)COBRA

Question 48

The ________ is federal act enacted in 1970 that promotes safety in the workplace.

A)OSHA
B)FLSA
C)FMLA
D)ERISA

Question 49

Overtime pay is paid for each hour worked in excess of ________ hours that week.

A)35
B)40
C)45
D)50

Question 50

The FLSA applies to ________.

A)employees in government organizations
B)employees earning less than minimum wages
C)employees engaged in the production of goods for interstate commerce
D)self-employed US citizens

Question 51

Which of the following is true of OSHA's general duty standard?

A)The standard needs to be established with each safety regulation.
B)It requires an employer to provide a working environment that does not result in mental stress of the employee.
C)An employer is obliged to provide a work environment that is free from recognized hazards.
D)OSHA has no say in safety violations of an employer as it is just a model act.

Question 52

Workers' compensation is a(n)________ remedy.

A)exclusive
B)cumulative
C)provisional
D)equitable

Question 53

Jorge,a fork-lift truck operator for retail chain Hansridges,was injured when the fork-lift he was operating toppled over.The fork-lift truck was manufactured and maintained by Ionic Machines Inc.As he was covered by workers' compensation insurance,he could recover workers' compensation benefits.However,it was later found that the fork-lift truck was not designed to be used to lift as much weight as Ionic Machines claimed it could.Which of the following legal rights is Jorge entitled to?

A)sue Hansridges for injuries suffered during employment
B)sue Hansridges for hazardous work environment
C)sue Ionic Machines for damages
D)not sue anyone as he has already received workers' compensation

Question 54

Which of the following is true of the federal minimum wage?

A)An employer may not reduce minimum wage although he or she provides other benefits like food to the employees.
B)Managerial employees are not subject to minimum wage requirements.
C)Apprentices cannot be paid less than minimum wages.
D)Employees who earn tips,such as waiters and valets,are not entitled to minimum wage.

Question 55

Which of the following is true of workers' compensation?

A)A worker must file a complaint with the police before claiming workers' compensation.
B)Workers' compensation is a provisional remedy,not an equitable remedy.
C)A worker who receives workers' compensation cannot sue his employer.
D)Workers' compensation is generally awarded as punitive damages of a lawsuit initiated by the injured employee.

Question 56

Overtime pay is ________ times that of the regular pay of an employee.

A)two
B)three
C)two and a half
D)one and a half

Question 57

Which of the following is true of minimum wages in the United States?

A)States can enact laws that set minimum wages higher than the federal minimum wage.
B)Cities are not allowed to have minimum wages different from what is set by the state or federal government.
C)Living wage laws set lower minimum wages than the federal level.
D)An employee who earns in tips must be paid minimum wage by the employer.

Question 58

According to the Department of Labor,children under the age of 14 can only be employed as ________.

A)stocking staff at stores
B)newspaper deliverers
C)waiters
D)store assistants

Question 59

What is the employer's advantage in offering workers' compensation?

A)The employer need not pay for workers' compensation insurance.
B)The employer is exempt from having to offer paid medical leave.
C)The employer can avoid a lawsuit by an injured worker.
D)The employer can offer lower basic pay to workers.

Question 60

The ________ forbids the use of oppressive child labor and makes it unlawful to ship goods produced by businesses that use oppressive child labor.

A)OSHA
B)ERISA
C)FMLA
D)FLSA

Question 61

The ________ guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

A)FLSA
B)OSHA
C)FMLA
D)ERISA

Question 62

Which of the following statements is true of exemptions to minimum wage and overtime pay requirements?

A)Apprentices must be paid minimum wage.
B)Learned professionals need not be paid minimum wage.
C)Workers involved in hazardous activities need not be paid minimum wage.
D)Employees in law enforcement and medical sectors need not be paid minimum wage.

Question 63

How is Social Security awarded in the U.S.A.?

Question 64

To be covered by the FMLA,an employee must ________.

A)have worked for the employer for at least six months
B)have performed more than 1,250 hours of service
C)not have claimed maternity leave in the past
D)be suffering from a serious injury or ailment

Question 65

Which of the following is true of the United States' immigration law?

A)An H1-B visa is granted only to foreign nationals skilled in specialty occupations.
B)Individual applicants,and not employers,apply for H1-B visas.
C)H1-B visa holders cannot bring their family as dependents to the U.S.
D)H4 visa holders are allowed to work for minimum wages or more in the U.S.

Question 66

A(n)________ visa allows U.S.employers to employ in the United States foreign nationals who are skilled in specialty occupations.

A)H1
B)H4
C)H-1C
D)H-1B

Question 67

Jerry is employed by U.S.-based Iconic Systems.His work hours per week for the month of January were 40 hours the first week,30 hours the second week,50 hours the third week,and 45 hours the fourth week.According to the FSLA,how many hours of overtime pay is Jerry entitled to at the end of January?

A)5
B)10
C)15
D)40

Question 68

The immigration laws of the United States are administered by the ________.

A)SSA
B)USCIS
C)IRS
D)OSHA

Question 69

Under the ________ and state laws enacted to implement the program,employers are required to pay unemployment contributions.

A)FLSA
B)FMLA
C)FUTA
D)FICA

Question 70

Which of the following benefits is a component of Social Security benefits?

A)workers' compensation
B)legal assistance
C)unemployment compensation
D)disability benefits

Question 71

Which of the following is true of Social Security?

A)Social Security operates like a savings account.
B)Contribution to the Social Security fund is entirely derived from employers.
C)Employers remit Social Security payments to the IRS.
D)Self-employed individuals are exempted from Social Security payments.

Question 72

Helga works as a nurse in a government-run hospital.She has to work 40 hours a week,from 10 pm to 6 am every day.Which of the following is true of this scenario?

A)Helga is not entitled to receive overtime pay as medical staff does not qualify for it.
B)Helga can receive minimum wages and overtime pay only if she works more than 60 hours a week,as she is a government employee.
C)Helga cannot receive overtime pay as government employees are exempt from it.
D)Helga can receive overtime pay if she works more than 40 hours a week.

Question 73

________ occurs when an employee has a nonforfeitable right to receive pension benefits.

A)Vesting
B)Easement
C)Anti-lapse
D)Reconciliation

Question 74

The ________ is a federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended.

A)FLSA
B)FMLA
C)ERISA
D)COBRA

Question 75

"Workers' compensation is an exclusive remedy." Elaborate on this statement with the help of an example.

Question 76

Who among the following is exempt from federal minimum wage requirement?

A)Kelly,a sales executive at a pharmacy
B)John,a waiter by day and a guitar teacher by night
C)Tsun,a software applications developer
D)Orlando,a telemarketer

Question 77

Describe the measures taken by the U.S.Department of Labor against oppressive child labor.

Question 78

Outline the minimum wage requirement established by the FLSA.How are wages given to a tipped employee?

Question 79

The ________ is a federal act designed to prevent fraud and other abuses associated with private pension funds.

A)ERISA
B)COBRA
C)FLSA
D)FMLA

Question 80

Cliff Thomas,a cardiologist,emigrates from the U.K.to the U.S.Under which of the following visa categories can his wife live in the U.S.as Mr.Thomas' dependent?

A)H1
B)H4
C)H-1C
D)H-1B