Deck 21: Employment Laws

Question 1

The FLSA requires employers to provide reasonable break time for nursing mothers.

Answer 1

True
Explanation: The FLSA now requires break time for nursing mothers. Employers are required to provide "reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express the milk."

Question 2

Employment-at-will relationships are essentially employer/employee agreements that may be terminated at any time without cause.

Answer 2

True
Explanation: Historically, unless employees contracted for a definite period of employment (such as for one year), employers were able to discharge them without cause at any time. This is called the employment-at-will doctrine.

Question 3

In internship programs under the FLSA, the intern is entitled to wages for the time spent in the internship.

Answer 3

False
Explanation: According to the Department of Labor, the employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Question 4

The WARN Act requires that employers give employees prior notice of plant closings or mass layoffs.

Question 5

The FLSA sets 16 years of age as the minimum age for employment.

Question 6

An employee is entitled to sue an employer for damages based on an OSHA violation.

Question 7

Employers have the right to retaliate against anyone assisting in the enforcement of USERRA rights, provided that person has no service connection.

Question 8

The FLSA requires breaks or meal periods to be given to workers.

Question 9

If a bonus is based on the amount of sales, the FMLA requires the employer to award sales that the employee would have made if not on family medical leave.

Question 10

Penalties imposed for violation of the Fair Labor Standards Act can be trebled for repeated violations.

Question 11

Covered plant closings are defined as the loss of jobs by 500 or more employees in a 30-day period.

Question 12

The right to receive a WARN notice excludes part-time workers.

Question 13

States may set minimum wage amounts that are lower, not higher, than the federal minimum wage.

Question 14

The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.

Question 15

Under the FMLA, the employee's parents in law do not qualify as an immediate family member.

Question 16

Regarding employment at-will, employees may be fired if the boss does not like them.

Question 17

A WARN notice is mandatory for a case that relates to the sale of a business.

Question 18

Employers are not required to compensate nursing mothers for breaks taken for the purpose of expressing milk.

Question 19

The penalty for failure to comply with the WARN notice is back pay to employees to cover the required 60-day period.

Question 20

Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship.

Question 21

Which of the following provides for private pension plans?

A) The Fair Labor Standards Act
B) The Social Security Act
C) The Worker Adjustment and Retraining Notification Act
D) The Civil Rights Act of 1964
E) The Employment Retirement Income Security Act

Question 22

Under the FLSA, the overtime pay for workers is:

A) at a rate of not less than two and one-half times the employee's regular rate of pay.
B) decided by the employer after mutual consent and agreement with the workers.
C) at a rate that is equal to the employee's regular rate of pay.
D) variable depending upon the particular job involved.
E) at a rate of not less than one and one-half times the employee's regular rate of pay.

Question 23

Under federal law, private employers generally are permitted to use lie detector tests while screening job applicants.

Question 24

Common ailments in which the employee has had a preexisting disease are not compensable as "accidental injuries."

Question 25

A personnel handbook for a business has no effect on at-will employment.

Question 26

One major purpose of the Fair Labor Standards Act is to provide:

A) overtime pay.
B) guaranteed employment.
C) disability benefits.
D) antidiscrimination policies.
E) private pension plans.

Question 27

Standards regarding unsafe and unhealthy workplace conditions are created and enforced under:

A) NLRB.
B) FLSA.
C) ERISA.
D) OSHA.
E) IRCA.

Question 28

The Fourth Amendment protects public employees from some drug testing because courts have ruled that certain tests were unreasonable searches.

Question 29

Which of the following statements holds true for the internship programs under the FLSA?

A) The intern is entitled to a job at the conclusion of the internship.
B) The intern is entitled to wages for the time spent in the internship.
C) The intern, in certain cases, displaces regular employees.
D) The internship includes actual operation of the facilities of the employer.
E) The intern works independently of the existing staff.

Question 30

If the employee's tips combined with the cash wage do not meet the minimum hourly wage:

A) the employee is entitled to work for a reduced number of hours.
B) the employer must make up the difference (with certain conditions).
C) the federal government along with the employer must make up the difference.
D) the employee is entitled to be paid for the inconvenience caused along with the difference (with certain conditions).
E) the employer is not liable to pay the difference if he/she reduces the number of working hours for the employee.

Question 31

The National Drug Prevention and Testing Act of 1994 includes uniform guidelines regarding the drug testing of employees.

Question 32

Whistleblowers are entitled to awards of lesser amounts when the fraud has already been publicly disclosed and the whistleblower is not an original source.

Question 33

Clear identification of employer expectations and policies helps provide a defense against employee lawsuits if subsequent discipline or discharge of the employee becomes necessary.

Question 34

The exclusive remedy rule is applicable to employers in the case of intentional as well as accidental injuries of workers.

Question 35

Which of the following holds true for the Fair Labor Standards Act (FLSA)?

A) It addresses issues regarding disability benefits.
B) It addresses issues regarding reemployment rights after performing uniformed service.
C) It addresses issues regarding minimum wage.
D) It addresses issues regarding workplace safety.
E) It addresses issues regarding private pension plans.

Question 36

The purpose of the Social Security Act is to provide:

A) employment.
B) disability benefits.
C) policy guidance on employment discrimination.
D) protection for employee privacy.
E) provisions for restrictions on child labor.

Question 37

If the state minimum wage rate differs from the federal minimum wage rate, then employers:

A) have the legal right to pay whichever minimum wage is lower.
B) have the legal right to choose the minimum wage rate to be paid.
C) are legally required to pay the federal minimum wage rate.
D) are legally required to pay whichever minimum wage is higher.
E) are legally required to pay the state minimum wage rate.

Question 38

The requirement for Form I-9 Employment Eligibility Verification forms is waived off for U.S. employers who employ noncitizens.

Question 39

Liability of the employer exists regardless of lack of negligence or fault, provided the necessary association between the injuries and the business of the employer is present.

Question 40

Which of the following acts provides national policy for governing the union-management relationship?

A) The Social Security Act
B) The Fair Labor Standards Act
C) The Worker Adjustment and Retraining Notification Act
D) The Taft-Hartley Act
E) The Employment Retirement Income Security Act

Question 41

The provisions included in the Family and Medical Leave Act:

A) apply only to female employees.
B) apply only to the employee's children who are over 18 years old.
C) do not apply to same-sex couples.
D) relating to birth, adoption, and foster care apply to both female and male employees.
E) apply only to the employee's parents and parents in law.

Question 42

Which of the following constitutes the responsibilities of the employer in case an employee is on family medical leave?

A) The employer is entitled to review the actual medical records of the employee.
B) The employer cannot request a medical certification that a qualifying event has occurred in the employee's life.
C) The employee is not entitled to be awarded the sales that the employee would have made if not on family medical leave.
D) The employer may not keep the employee's job available when the employee returns to work.
E) If the employer gives a bonus for perfect attendance, the employee on family medical leave is not entitled to such a bonus.

Question 43

The WARN notice is required of employers with:

A) 50 employees working within a 75-mile radius.
B) 100 or more full-time employees.
C) 100 employees, whether full- or part-time.
D) less than half-time employees.
E) more than 100 part-time employees.

Question 44

Tom has a back injury that has required surgery in the past. He is able to work, but he requires periodic medical checkups and physical therapy. If he leaves his current job and moves to another company, he is protected and can receive medical coverage that includes coverage for his back at the new job due to the provisions of:

A) FMLA.
B) FLSA.
C) OSHA.
D) HIPAA.
E) USERRA.

Question 45

The _____ has the responsibility of defining "any qualifying exigency" arising out of the fact that a family member is on active duty in support of a contingency operation.

A) Department of Justice
B) Department of Labor
C) Department of Interior
D) Department of Defense
E) Department of State

Question 46

Under the Family Medical Leave Act, in order to take leave, the eligible employee:

A) must have worked for 12 consecutive months prior to requesting leave.
B) is entitled to one 12-week paid leave per year.
C) must have worked at least 1,950 hours during the preceding 12 months.
D) must have worked for the employer at least a total of 12 months.
E) must work at a location where at least 100 employees are employed.

Question 47

Under the WARN Act, which of the following constitutes a loss of employment?

A) A transfer leading to reduction in position and pay.
B) Layoff exceeding one month.
C) A reduction in an employee's work time of more than 50 percent in each month for six months.
D) Extended leave period of more than 10 weeks.
E) A disciplinary notice requiring immediate response from the employee.

Question 48

A WARN notice covers a mass layoff involving loss of employment of _____ in a _____ period.

A) 500 or more full-time employees; 30-day
B) 500 or more full- and/or part-time employees; 60-day
C) 500 or more full-time employees; 90-day
D) 500 or more full- and/or part-time employees;120-day
E) 450 or more full- and/or part-time employees; 120-day

Question 49

Which of the following statements holds true for a WARN notice in cases involving the sale of a business?

A) Any required notice prior to the sale being completed is the responsibility of the seller.
B) The seller of the business holds the responsibility of issuing a WARN notice even after the date of the closing.
C) A failure on the part of the seller to issue a WARN notice results in a $1,000 fine.
D) The seller has to provide written notice to the federal government within 90 days before the sale of the business.
E) The sale of a business mandatorily requires the WARN notice.

Question 50

The FLSA:

A) as a general rule, sets 16 years of age as the minimum age for employment.
B) limits the number of hours worked by minors under the age of 18.
C) was amended in 2006 to increase penalties against employers who violate child labor laws.
D) increased penalties from $10,000 to $50,000 for each FLSA violation leading to the serious injury or death of a child worker.
E) increased fines which are subject to doubling for repeated or willful violations.

Question 51

The Health Insurance Portability and Accountability Act:

A) provides that employees can continue to purchase health insurance even after their employment is terminated.
B) exempts health insurance companies from the federal anti-trust legislation that applies to most businesses.
C) protects employees who have preexisting health conditions when they change jobs.
D) calls for the creation of a universal single-payer health care system in the United States.
E) ensures that elderly and needy individuals receive proper medical care.

Question 52

Which of the following statements is true of the WARN Act?

A) It requires employers to give notice of a scheduled mass layoff.
B) It requires employers to give notice to an "at will" employee that he/she is being fired.
C) It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.
D) It requires employers to give notice to employees that they are being subjected to polygraph tests.
E) It requires employers to give notice to employees that they are being subpoenaed by a court of law.

Question 53

Which of the following is true of OSHA?

A) Employees do not have the right to request an OSHA inspection.
B) Employees making complaints who are subjected to discrimination are prohibited from filing a complaint with OSHA.
C) There is no private cause of action under OSHA.
D) An employee can sue an employer for damages based on an OSHA violation.
E) Employees making complaints who are subjected to retaliation by their employers are prohibited from filing a complaint with OSHA.

Question 54

Which of the following acts is directed at protecting employees' health care?

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

Question 55

Which of the following statements is true of the Uniformed Services Employment and Reemployment Rights Act?

A) Employers may retaliate against anyone assisting in the enforcement of USERRA rights, provided that person has no service connection.
B) It contains health insurance provisions.
C) Covered individuals who leave a job to perform military service are barred from continuing any existing employer-based health plan coverage.
D) For individuals who elect to continue coverage, they have the right to be reinstated in the employer's health plan when reemployed.
E) It applies to all individuals released from service irrespective of whether it was under "honorable conditions" or "dishonorable conditions"

Question 56

Jamie works as a barista at Coffee-Ha-Ha, a small chain of three coffee houses, in the main facility located in Paradise, New Jersey with 60 other employees. He has worked there full time for 18 months. His wife has called with some bad news. His mother was driving with Jamie's 10-year-old daughter, Delores, and has had an accident severely injuring both of them. Jamie has asked his employer for leave under the Family Medical Leave Act. Which of the following is true?

A) Granting the leave is entirely at the discretion of the employer; the employer does not permit him the leave as it would hamper the functioning of Coffee-Ha-Ha.
B) Jamie is not entitled to the leave because the number of hours he has worked during the preceding 12 months is less than what is required by law.
C) Jamie is entitled to leave for taking care of his mother-in-law and daughter, regardless of his daughter's age.
D) Jamie is only entitled to the leave to take care of his daughter.
E) The provisions of this Act apply only to females.

Question 57

An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked:

A) 1,040 hours during the previous 12 months.
B) 1,250 hours during the previous 12 months.
C) 1,950 hours during the previous 12 months.
D) 2,080 hours during the previous 12 months.
E) 3,000 hours during the previous 12 months.

Question 58

If the employer already provides compensated breaks, an employee who uses that break time to express milk:

A) is legally entitled to be compensated but at a rate lower than the other employees.
B) need not be compensated by the employer.
C) is legally entitled to stretch the duration of the break time.
D) is legally required to take a pay cut.
E) is legally entitled to be compensated in the same way as other employees.

Question 59

Flo has been working at ABC Corporation for four-and-a-half years. Her pension plan will vest at her five-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The internal finance department has determined that cost cutting is needed to keep the company profitable. They recommend that Flo be fired before her pension vests and becomes a permanent liability against the corporation. They cannot fire her to keep her pension from vesting based on:

A) ERISA.
B) COBRA.
C) HIPPA.
D) FLSA.
E) IRCA.

Question 60

Employers were prohibited from firing employees for union activities under the:

A) common law.
B) Fair Labor Standards Act.
C) Labor-Management Relations Act.
D) Labor Rights Act.
E) WARN Act.

Question 61

Polygraph tests may:

A) be legally used by most private employers to screen job applicants.
B) be legally used by most private employers to randomly check current employees.
C) be legally used by private companies that sell controlled substances to screen and randomly check current employees.
D) never be used in connection with employment.
E) only be used by government organizations to regularly check current employees.

Question 62

Block International is an American company manufacturing fiber cement products at its Macon plant, and its U.S. headquarters are located in Norcross. Mel works as a plant supervisor. She had to take leave in order to care of her mother who had undergone surgery for a serious health condition. The management of the company terminated Mel for taking intermittent leave. Is the termination order justified?

Question 63

A fast food restaurant allowed nine minors to operate a deep fryer. The restaurant's manually operated fryer requires the employees to cook baskets of food in hot oil, according to the department. All of the minors that utilized the fryer did so at the direction of various store managers as well as senior staff members and on a regular and recurring basis. Does the restaurant violate any rule?

Question 64

The Age Discrimination in Employment Act forbids age-based discharge of employees over age:

A) 35.
B) 40.
C) 45.
D) 50.
E) 60

Question 65

Food and Snacks is a restaurant that is owned and operated by Megan Hill. During the Christmas season, the restaurant attracts more than 5,000 visitors. Each employee of the restaurant earns $8 an hour. The employees have to work extra hours to cope up with the rush. They work an average of 55 hours a week and are paid $8 for the extra hours that they put in. Additionally, there are no accurate records of employees' work hours and wages. Does the restaurant violate any rule?

Question 66

Which of the following holds true for the Fair Labor Standards Act?

A) It forbids discharge for exercising rights guaranteed by minimum-wage and overtime provisions.
B) It prohibits discharge of employees due to garnishment of wages for any one indebtedness.
C) It forbids discharge of employees for service on federal grand or petit juries.
D) It prohibits discharge to prevent employees from getting vested pension rights.
E) It forbids age-based discharge of employees over age 40.

Question 67

Under common law, if an injury were caused by the carelessness of the employee as well as the employer, the employee would be unable to recover damages because of the _____ defense of the employer.

A) assumption of the risk
B) exclusive remedy rule
C) fellow-servant rule
D) contributory negligence
E) shelter rule

Question 68

Under the Employee Polygraph Protection Act:

A) employers cannot be sued by the employees for violating the Act.
B) private employers are permitted to use lie detector tests while screening job applicants.
C) current employees may not be tested randomly.
D) private security companies may not use lie detector tests while screening job applicants.
E) current employees may not be tested even in cases involving specific incidents that cause loss to an employer's business.

Question 69

Under common law, even though an employer is negligent in permitting a hazardous condition to persist, if the worker is aware of the dangers that exist, he will be unable to recover damages because of the _____ defense of the employer.

A) assumption of the risk
B) exclusive remedy rule
C) fellow-servant rule
D) proportionate liability
E) shelter rule

Question 70

Employees that publicly disclose illegal or unethical behavior on the part of their companies are called:

A) whistleblowers.
B) informants.
C) scabs.
D) purges.
E) accommodation makers.

Question 71

An employee at-will can be fired for:

A) taking time off from work to serve on jury duty after the boss asked the employee to request a waiver.
B) making public the fact that the employer was cheating the government on a defense contract.
C) taking time off from work to care for a dependant, without informing the employer.
D) making public statements about the hazardous working conditions in a company
E) taking time off from work to vote in the elections.

Question 72

Which of the following holds true for the IRS Whistleblowers Rewards Program?

A) To be eligible to recover compensation from the IRS, a person must bring information to the Department of Justice.
B) The whistleblower may receive compensation only from monies actually collected based on the information provided.
C) The total collected proceeds based on which the reward is calculated exclude penalties, interest, additions to tax, and additional amounts.
D) The reward to the whistleblower is independent of his contribution to the prosecution of the action.
E) Under no circumstances does the IRS have the right to lower the amount of the reward given to the whistleblower.

Question 73

Public employees are protected from some drug testing by the ____ Amendment's prohibition against unreasonable searches.

A) First
B) Fifth
C) Fourth
D) Tenth
E) Seventeenth

Question 74

Under the workers' compensation laws:

A) the compensation paid to the workers excludes medical benefits.
B) liability requires the necessary association between the injuries and the business of the employer.
C) employers, treating the costs of injuries as part of the costs of production, may not pass them on to the consumers.
D) the three defenses under the common law are strengthened.
E) liability exists only if there is proof of lack of negligence or fault.

Question 75

Sarah negotiated with her boss and works from 7:00 a.m. to 7:00 p.m., Mondays through Thursdays, with an hour for lunch and an hour for dinner each day. On Election Day, the polls are open from 7:00 a.m. until 7:00 p.m. and there are long lines at the polling station. She requests permission from her boss to cast her vote and asks for an extended lunch or dinner break. He refuses and tells her that she will be fired if she takes extra time off. Which of the following is true?

A) The boss can fire her because her first obligation is to her job.
B) The boss can fire her because employment at will permits him to fire her for any reason.
C) The boss cannot fire her because the Fair Labor Standards Act allows employees leeway in the fixture of work schedules without the approval of their superiors.
D) The boss cannot fire her because he may not prohibit her from exercising a statutory or constitutional right.
E) The boss can fire her because the company does not bear any responsibility for the fulfillment of duties of a personal nature.

Question 76

Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the _____ defense.

A) assumption of the risk
B) exclusive remedy rule
C) fellow-servant rule
D) contributory negligence
E) shelter rule

Question 77

Which of the following statements is true for a paper fortress?

A) It consists of cases of labor violations by an organization.
B) It consists of personnel manuals.
C) It consists of legal injunctions served on an organization.
D) It consists of terms of registration of an organization.
E) It acts as a protection against unjustified employer lawsuits.

Question 78

California-based Click Storage Products, Inc., suffered extensive building damage after it was hit by an earthquake. The plant was considered unsafe to work in. Eventually it was closed down, leaving hundreds of employees without jobs. The plant gave a notice of 10 days to warn the workers of the impending shutdown. Is the plant guilty of any violation?

Question 79

Jack works as a mechanic in Cars Unlimited, an automobile manufacturing company. While employed as a service technician for the defendant, Jack suffered back injuries in March 2005 and April 2005. Though he requested to go home, he did not submit a written injury report and refused medical treatment. Jack was absent through the month of June, calling in sick each day without providing any other information and not seeking medical treatment during this time. As Jack had exhausted his available sick leave and vacation leave, he was terminated when he returned to work on July 3, 2005. Can Jack sue his former employer for failure to reinstate and wrongful discharge in violation of the Family and Medical Leave Act (FMLA)?

Question 80

The _____ rule states that an employee's sole remedy against an employer for workplace injury or illness shall be workers' compensation.

A) assumption of the risk
B) exclusive remedy
C) fellow-servant
D) contributory negligence
E) shelter