Deck 31: Employment,Worker Protection,and Immigration Laws

Question 1

Under the Occupational Safety and Health Act,employers must not only meet numerous specific safety standards,but they must generally provide a safe working environment.

Answer 1

True

Question 2

The two types of safety standards under the Occupational Safety and Health Act are specific duty standards and general duty standards.

Answer 2

True

Question 3

For purposes of overtime pay,weeks may be combined to double the overtime pay due an employee.

Answer 3

False

Question 4

Workers may not sue their employer to recover damages for employment-related injuries if the employer does not carry workers' compensation insurance.

Question 5

The first step for an employee pursuing a workers' compensation claim is to file a lawsuit in Federal District Court.

Question 6

Under the Family and Medical Leave Act,an employer may not require medical proof of claimed serious health conditions.

Question 7

The Fair Labor Standards Act applies to governmental employers.

Question 8

For an employer with a 2-week pay period,overtime pay must be paid to a nonexempt employer only if the hours worked in the pay period exceed 80,regardless of how many hours were worked in each of the weeks.

Question 9

The test whether an employee can recover under workers' compensation is whether the injury affects the employee's performance of the job.

Question 10

So long as an employer follows the specific safety standards applicable to the particular industry,the employer will not be in violation of the Occupational Safety and Health Act.

Question 11

Generally,if an employee is injured during the course of her employment,she may sue the employer in court and also proceed with a workers' compensation claim.

Question 12

An accident that happens while the employee is an off-premises restaurant during his or her personal lunch hour is covered under workers' compensation.

Question 13

Employees age 16 and 17 can work unlimited hours each week in nonhazardous jobs.

Question 14

Employment law is a mixture of contract law,agency law and government regulation.

Question 15

An employer can pay less than the minimum wage to take into account the reasonable cost of meals and lodging supplied to employees.

Question 16

An employee cannot collect a workers' compensation claim if the injury did not arise out of the course of employment.

Question 17

The Fair Labor Standards Act puts limits on the type of work and hours of work of workers under age 18.

Question 18

The Occupational Safety and Health Act does not apply to government employers.

Question 19

The Federal Circuit Court of Appeals may hear appeals of OSHA's contested citation reviews.

Question 20

Employees of private employers or the employee's beneficiaries must be offered the opportunity to continue his or her group health insurance after the voluntary or involuntary termination of a worker's employment as per qualifying events defined by law.

Question 21

Minimum wages,hours of employment,and child labor are regulated by the:

A) Right to Work Laws
B) Regulated Hours Act
C) Federal Employment Act of 1940
D) Fair Labor Standards Act

Question 22

The unemployment compensation program is run at the federal level to ensure equality of benefits across the country.

Question 23

Overtime pay is required to be paid to nonexempt employees who work:

A) over 8 hours per day
B) over 10 hours per day
C) over 12 hours per day
D) over 40 hours per week
E) over 50 hours per week

Question 24

Under the Occupational Safety and Health Act,which of the following is true?

A) Purchasers of a company's products are assured that they are safe for use in the home.
B) A company can be found to be in violation even if a specific safety regulation is not violated.
C) Complaints are handled by the Equal Employment Opportunity Commission.
D) Very few safety standards have actually been adopted.

Question 25

Which of the following statements is true about workers' compensation?

A) The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.
B) When an employee is injured,the employee must decide whether to seek a workers' compensation payment or file an ordinary lawsuit against the employer.
C) The employer is strictly liable for employment-related injuries,and the employee will file his claim through an administrative procedure rather than by filing an ordinary lawsuit.
D) If the employee is dissatisfied with the amount received under the workers' compensation system for her injuries,she generally then can file an ordinary lawsuit.
E) Employees (or their unions) generally negotiate with employers over whether to be included in the workers' compensation system.

Question 26

All employers are required to inspect documents to determine that an employee is a citizen or is otherwise entitled to work in the United States.

Question 27

The primary goal of establishing workers' compensation systems is to:

A) provide a more certain method for employees to recover for workplace injuries
B) to protect the court system from being burdened with lawsuits relating to workplace injuries
C) to discourage workers from filing frivolous claims relating to workplace injuries
D) to prevent injuries in the workplace
E) to ensure that injured workers return to work as quickly as practicable

Question 28

Under the Fair Labor Standards Act:

A) limitations are placed on the hours that workers can work each week without being paid overtime
B) a minimum wage is set,but is not required to be paid if the worker agrees to accept a lower amount
C) workers are prevented from working in hazardous jobs
D) employers are not required to pay overtime for a nonexempt employee who works 45 hours in the first week but only 25 hours in the second week of a 2-week pay period

Question 29

Which of the following is not true regarding the Occupational Safety and Health Act?

A) Its purpose is to protect the safety of workers and the safety of those who purchase the employer's products or services.
B) Employers are subject to having their workplaces inspected under the Act.
C) Even though the Act contains numerous specific safety standards,employers must also provide a work environment that is free from recognized hazards that could cause death or serious injury.
D) Employers are required to post notices in the workplace informing workers of their rights under the Act.

Question 30

Under workers' compensation,when an employee is accidentally injured on the job,which of the following is true?

A) A worker can sue the employer in addition to recovering from workers' compensation,but only if the employer intentionally caused the injury.
B) A worker has the choice of whether to file a normal lawsuit or recover from the workers' compensation board.
C) A worker can file a normal lawsuit and recover from the workers' compensation board.
D) Whether the injury occurred in the course of employment is not relevant.

Question 31

Surviving family members of deceased workers can receive benefits under the Social Security program.

Question 32

Under the Social Security program,a worker's social security taxes paid during her working years are accumulated in an account to be used in paying her retirement benefits once she retires.

Question 33

Unemployment contributions are paid by employees.

Question 34

Which of the following statements is not true under the Fair Labor Standards Act?

A) Children under 14 cannot work at all,except on farms.
B) Children ages 14 and 15 may work limited hours in nonhazardous jobs.
C) Children ages 16 and 17 may work unlimited hours in nonhazardous jobs.
D) Persons age 18 or over may work unlimited hours in nonhazardous jobs.
E) Persons age 18 or over may work unlimited hours in hazardous jobs.

Question 35

Under the Employee Retirement Income Security Act,an employee's benefits must vest within 7 years or less.

Question 36

The Employee Retirement Income Security Act mandates which employers must provide pension plans for its employees.

Question 37

The Employee Retirement Income Security Act requires pension plans to be in writing.

Question 38

Which of the following statements best describes the workers' compensation rules?

A) The employer can avoid liability if the injured employee was contributorily negligent.
B) The employer is liable for employment related injuries only if negligent.
C) The employee will collect for all work-related injuries,and will not need to prove negligence on the part of the employer.
D) The employee has the choice to sue or proceed under the workers' compensation statute.
E) For most employers,participation in the workers' compensation program is voluntary.

Question 39

Under the Federal Unemployment Tax Act,employers are required to pay unemployment taxes.

Question 40

The Employee Retirement Income Security Act allows up to 25 percent of a retirement plan's assets to be invested in the securities of the sponsoring employer.

Question 41

Judy just bought a new business with many employees.She has heard about the requirements of OSHA.What is the employer's general duty under OSHA?

A) to obey the regulations announced by OSHA
B) to provide a perfectly safe workplace
C) to provide a work environment free from known hazards
D) both A and B

Question 42

Vesting as used in a pension plan means:

A) that there are adequate funds to pay out expected benefits
B) that a beneficiary's rights to receive payments cannot be taken away
C) that the plan covers all eligible employees
D) that the plan is adequately insured
E) that the plan has qualified for all government approvals

Question 43

Bob,an employee of Risky Manufacturing,Inc.is accidentally injured by a fellow worker while working his shift.Under workers' compensation,Bob can:

A) sue Risky or seek workers' compensation recovery,but not both
B) sue Risky or seek workers' compensation recovery
C) seek workers' compensation only
D) recover from workers' compensation only if Risky was negligent in allowing the injury to occur

Question 44

Which of the following is true about the Social Security system?

A) Self-employed persons are exempt from paying Social Security taxes.
B) In order to receive benefits,a recipient must have worked and paid into the system.
C) The amounts paid in by a worker are accumulated and then paid back out to the worker with amounts added for taxes.
D) Survivors of workers can receive benefits.

Question 45

Which of the following is not a purpose of ERISA?

A) for employees to have access to certain information about their pension plans
B) to make certain that pension plans have certain minimum amounts placed into them by employers
C) to limit or prevent employees from losing pension benefits if they decide to leave an employer
D) to ensure that as many companies as possible provide pension plans for their employees
E) to make sure that the management of the pension fund is separate from the management of the employer

Question 46

John works at a local grocery store to pay his way through college.His work schedule can vary from week to week.One week he works for sixty hours,and the next week he works for twenty.He asks his boss whether he is entitled to overtime at the end of the two-week period.Is he?

A) No. He is not entitled to overtime because he did not work in excess of eighty hours in a two-week period.
B) No. Employers are entitled to offset the overages of the first week hours with a subsequent reduction of hours.
C) Yes. He must be paid twenty hours of overtime for the first workweek.
D) Yes. He must be paid sixty hours of overtime for the first workweek.

Question 47

Which of the following statements is true under the Immigration Reform and Control Act of 1986?

A) The employer has no responsibility to check the immigration status of its employees.
B) The employer may hire only U.S. citizens.
C) The employer may hire only U.S. citizens and immigrants with proper documentation.
D) The employer may give preference to certain employees based on national origin.
E) Both C and D are true.

Question 48

Which of the following is true about the Employee Retirement Income Security Act?

A) It requires employees to contribute a fair share to any pension plans provided by their employer.
B) It states which types of companies must provide pension plans to their employees.
C) It sets required retirement ages for employees.
D) It does not require employers to provide pension plans.

Question 49

Which of the following is not true regarding Social Security?

A) Benefits include retirement benefits and survivors' benefits to family members of deceased workers.
B) The amounts paid in by a worker during her working career are accumulated to be paid out during the worker's retirement years.
C) The Social Security tax for an employee is paid partly by the employee and partly by the employer.
D) A self-employed person must pay both the employee and employer portions of the tax.

Question 50

Mary goes to work for Rocky Mountain Company,which has a pension plan requiring her to work at least ten years in order to be entitled to her benefits.This is a violation of:

A) Employee Retirement Income Security Act
B) Social Security Act
C) Equal Pay Act
D) Fair Labor Standards Act
E) None of these are correct.

Question 51

Which of the following is true about unemployment benefits?

A) Because they are set at the federal level,unemployment benefits are the same in every state.
B) Employees are eligible to receive benefits regardless of the reason that employment ends.
C) The taxes to support the unemployment benefits program are paid by the employer.
D) Once awarded,a recipient of unemployment benefits will be entitled to collect the award even if the employee finds other work.

Question 52

Joe,a high school student,just received his first paycheck from his first job.He notices that he was not paid the minimum wage and he is concerned.Which of the following statements is true?

A) Managerial and professional employees are subject to the minimum wage laws.
B) An employer may pay lower wages if food and lodging are provided to the employee.
C) An employee is entitled to minimum wage only if he works over 40 hours per week.
D) An employee can be paid a wage below the minimum wage if the employee is a student.
E) Both B and D are true.

Question 53

Which of the following is true about the provisions of the Consolidated Omnibus Budget Reconciliation Act's provisions relating to health insurance?

A) Certain companies are required to provide group health insurance coverage to their employees.
B) Upon termination of employment,an employer is required to pay,for a limited time,for the former employee's health insurance coverage under the same terms that it had been paying for it while the employee worked for the employer.
C) Upon termination of employment,an employee must have the opportunity to continue to participate in the same health insurance coverage program that the employee participated in while working for the employer,but the employee must pay for it.
D) Employers must make the same group health insurance available to all employees.

Question 54

Spruce Corporation has 100 employees,engages in interstate commerce,and has been in existence since it incorporated in 1985.Spruce never had a pension plan for its employees,but decided to adopt one beginning in 2003.Spruce has been a very successful company,so the company decided that 25 percent of the pension plan assets would be put into stock of Spruce Corporation.The pension plan provides that employees will vest within 3 years of earning benefits.Spruce is in violation of the Employee Retirement Income Security Act:

A) before adopting its pension plan,but not thereafter
B) after adopting its pension plan,but not beforehand
C) both before and after the adoption of the pension plan
D) neither before nor after adopting the pension plan

Question 55

Under the Employee Retirement Income Security Act,an employee's benefits must vest:

A) within 10 years
B) by the time of the employee's retirement
C) in total within 5 years or gradually within 7 years
D) only as provided in the pension plan
E) when the benefit is first recorded

Question 56

Megan is under 18 years of age and she wants to get a job.However,she has heard that her employment is limited because she is under age.Which of the following statements is true?

A) If Megan is under 14,she cannot get any job.
B) If Megan is under 18,she can get any job she wants,so long as her parents consent.
C) If Megan is 14 or 15,she can work unlimited hours in nonhazardous jobs.
D) If Megan is 16 or 17,she can work unlimited hours in nonhazardous jobs.

Question 57

Susan begins work for a large employer on December 1st.She works an average of 50 hours per week for 40 weeks,and then has her hours reduced to 40 hours per week for the next 4 weeks,and reduced further the 30 hours per week during the next 4 week period.She has a family emergency and informs her supervisor that she must take time off to care for a sick child.If the illness is legitimate,must the employer provide leave under the Family Medical Leave Act?

A) No. She did not work the requisite number of hours to entitle her to protection under the FMLA.
B) No. She worked the proper number of hours,but not for the proper length of time,to entitle her to protection under the FMLA.
C) No. Sick children are not a legitimate reason for leave under the provisions of the FMLA.
D) Yes. She is entitled to leave under the FMLA.

Question 58

Unemployment compensation amounts are determined by:

A) the federal government
B) the state governments,without any restrictions by the federal government
C) the state governments,within general guidelines of the federal government
D) the insurance companies providing unemployment insurance

Question 59

Which of the following benefits is not provided under the Social Security system?

A) retirement benefits
B) unemployment benefits
C) disability benefits
D) survivors benefits
E) Neither B nor D is provided under Social Security.

Question 60

Which of the following is not addressed by ERISA?

A) funding requirements of pension plans
B) companies that must provide pension plans for employees
C) investment limitations of a pension fund in the stock of the sponsoring corporation
D) vesting requirements
E) disclosure and reporting requirements

Question 61

Debbie was the president and chief executive officer of RST corporation.Debbie was also a skydiving enthusiast.She often stated that skydiving showed the worth of a person more than any other activity.On weekends,Debbie and a group of RST executives would go skydiving.Mark had been hired as a junior executive several years ago,and had performed his job well.RST needed a new vice-president of marketing to fill a vacancy caused by retirement,and Mark thought he had a good chance to get that job.Debbie asked Mark to go skydiving with her group on Saturday.Mark did not want to go,but he thought that if he did not go,it would cost him this promotion.Most,but not all,of the other vice-presidents participated in these jumps.Mark jumped and was killed when his parachute failed to open.Beth,Mark's wife,sued to collect workers' compensation for the death of Mark.What was the result?

Question 62

Mary owns a medium-size distribution business with about 20 employees.Mary had an unusual management style and from time to time would throw items at her employees.Paul was working in the warehouse one hot summer day and accidentally gave a will-call customer the wrong goods.The customer came back to the office a short while later upon discovering the problem.Mary was in the office and asked who had filled his order.The customer described Paul,whereupon Mary went to the warehouse and threw a computer printout,with stock numbers and product descriptions,at Paul,yelling,"Use this,you idiot.Maybe you can do your job then!" Paul was startled,and by reflex turned to run after Mary,but slipped when he was barely under way.Paul's back was injured when the computer printout hit him,and he injured his leg when he slipped.What recourse does Paul have?

Question 63

Should there be a lower minimum wage for some workers,for example,workers under age 18? What are the arguments for and against a two-tier minimum wage?

Question 64

Bob works in a large law firm with the title of paralegal.Bob had worked as a legal secretary for years,but was promoted to paralegal last year.The secretaries in the firm were paid on an hourly basis,and all time in excess of 40 hours per week was paid at one and a half times the hourly rate.Bob learned much in his years working in the residential real estate department of his law firm.In fact,he could draft most uncomplicated sale and purchase contracts and was doing this while still working as a secretary.He would frequently draft the contracts using forms,making changes and insertions where necessary,and merely have the attorneys review them for any needed revisions.Bob was excited to hear about the promotion,but then was disappointed to learn that he would not be getting a raise,and that the duties of his job would not change much.Bob's hourly wage was converted to a weekly salary based on 40 hours at his prior wage.No overtime would be paid,which upset Bob because he had averaged about 20-25 hours of overtime per month,and always welcomed the opportunity to earn extra money.The law firm assured Bob that he would now be considered for a year-end bonus based on performance and contribution to the firm.The law firm became busier during the year,and Bob increasingly had to work overtime.He continued to do some drafting of contracts as well as most of the word processing for the real estate department.At the end of the year,the firm announced that profits were less than hoped for and that the maximum bonus would be $100,which Bob received.Does Bob have a claim to receive any additional compensation for his work during the year?

Question 65

Sam operates a small business with 12 employees.Sam says to his employees,"I'm not required to give you a pension plan,but I will do so.The plan is that if you stay employed with me until you reach age 65,I will give you a pension of $1,000 per year during retirement for each full year you have worked.Because I believe so strongly in this company,if I invest any money in the fund in advance,I will put half of it into stock of this company.If you leave before retirement,you don't get it.That way,you'll have more incentive to work hard and stay with the company." Comment on the legal aspects of this plan.

Question 66

Should the law set the 40-hour workweek,given that many persons might choose to work longer hours but cannot because their employers do not want to pay overtime wages? In other words,many persons might be willing to work 45 or 50 hours a week at their regular wage rate,but cannot under the current law.This law also prevents a covered employee from working 50 hours one week and only 30 hours the other week of a 2-week pay period.Should employees be able to voluntarily work beyond the limits for regular pay if they so choose?

Question 67

The Bonzo Bike Accessory Company operates in a small commercial building in Davis,California.The company employs several people who make a variety of bicycle accessories.Mike Bonzo,the owner,has read carefully and knows that he is complying with all of the specific applicable safety regulations.One day,an OSHA inspector arrives,inspects the workplace,and cites several dangerous conditions.There was not a single specific regulation violated for any of the dangerous conditions cited.Mike admits that four of the cited conditions were,in fact,dangerous,but still insists that he did not violate OSHA regulations.Discuss Michael's situation.

Question 68

The Employee Retirement Income Security Act does not require any employers to provide pension plans for their employees.Should this law be changed so that employers are required to provide at least some minimum pension plan to employees?

Question 69

Many employers are making greater use of contract labor.For example,some firms now will provide a 500-person temporary contract sales force,which might be useful where a firm has a new product that will require labor-intensive selling initially,but once introduced,will require far fewer salespeople.What are the pros and cons of this trend?