Deck 19: The Employment Relationship and Immigration Laws

Question 1

List the records that an employer is expected to maintain for all employees not exempted under the Fair Labor Standards Act (FLSA).

Answer 1

To ensure that employers comply with the FLSA, the law imposes recordkeeping requirements on employers. For each nonexempt employee, the employer must maintain the following records: 1) employee's full name and Social Security number; 2) address, including zip code; 3) birth date, if under 18; 4) sex and occupation; 5) time and day of week when employee's workweek begins; 6) hours worked each day; 7) total hours worked each workweek; 8) basis on which employee's wages are paid date of payment and the pay period covered by each payment.

Question 2

Which of the following is true of the Fair Labor Standards Act?

A) It requires that contractors and subcontractors working on government projects pay the prevailing wage.
B) It requires that employees who work more than 40 hours in a week be paid twice their regular wage for all the hours beyond the standard 40-hour workweek.
C) Employees who receive a significant portion of their income from tips are entitled to a wage higher than the minimum wage from their employer.
D) It covers all employers engaged in interstate commerce or the production of goods for interstate commerce.

Answer 2

D

Question 3

Which of the following records must an employer maintain for a nonexempt employee to ensure that he or she complies with the Fair Labor Standards Act?

A) employee's Social Security number
B) names of employee's parents
C) employee's date of resignation from his or her previous job
D) wage earned by the employee at his or her previous job

Answer 3

A

Question 4

How does the state government raise money to pay unemployed people under the Federal Unemployment Tax Act?

A) The employees pay a fraction of their wages to the state.
B) The employers pay taxes to the state.
C) All state residents pay taxes to the state government.
D) The federal government allocates a small portion of the national budget.

Question 5

Which of the following is true of the Davis-Bacon Act?

A) It states that employees who receive a significant portion of their income from tips are entitled a lower minimum wage from their employer.
B) It requires that a minimum wage of a specified amount be paid to all employees in industries engaged in interstate commerce.
C) It covers all employers engaged in interstate commerce or the production of goods for interstate commerce.
D) It requires that contractors and subcontractors working on government projects pay the prevailing wage.

Question 6

The Davis-Bacon Act requires that contractors and subcontractors working on government projects pay the prevailing wage.

Question 7

Reeve is a mortgage loan officer of Boyd's Bank, who closes deals in people's homes. He has no supervisory powers and works for more than 40 hours a week. However, his employer refuses to pay him overtime. In the context of the Fair Labor Standards Act, Boyd's Bank is exempted from paying Reeve because he is a(n) .

A) executive
B) manager
C) outside salesperson
D) nonprofessional employee

Question 8

Under the Fair Labor Standards Act, an employee must be at least years old to work in non-farm jobs declared hazardous by the Secretary of Labor.

A) 14
B) 18
C) 15
D) 16

Question 9

Compare and contrast the minimum wage requirements of the United States with those of Ireland.

Question 10

Shelley is a waitress at one of the outlets of Bean Foods, a multinational restaurant chain. Her hourly salary is $3. She generally earns $10 as tip every month. In June, 2012, she received
$40 as tip. The next month, her employer reduced her hourly wage to $2. Is the employer's action legal in the context of the Fair Labor Standards Act (FLSA)? If not, how much should Bean Foods pay Shelley?

Question 11

With regard to the Fair Labor Standards Act, which of the following workers should receive overtime pay if they work more than 40 hours per week?

A) all executives and outside salespersons
B) all employees who are not executives, administrative employees, professional employees, or outside salespersons
C) all outside salespersons who are underpaid, but are not administrative employees or professional employees
D) all professional employees whose jobs are threatened

Question 12

When the work day starts and ends can lead to litigation under the Fair Labor Standards Act.

Question 13

Under the Federal Unemployment Tax Act, states require that employees quit their jobs voluntarily to be eligible for compensation.

Question 14

The Fair Labor Standards Act is enforced by the of the Department of Labor.

A) Office of Public Engagement
B) Wage and Hour Division
C) Bureau of International Labor Affairs
D) Bureau of Labor Statistics

Question 15

Which of the following is the purpose of the Federal Unemployment Tax Act?

A) The Act creates a state system that provides unemployment compensation to qualified employees who lose their jobs.
B) The Act creates a state system through which any employee who has lost his or her job can receive compensation.
C) The Act creates a federal system to provide unemployment compensation to employees who had resigned because they felt that they were underpaid.
D) The Act creates a federal system through which any employee who has lost his or her job can receive compensation.

Question 16

Under the Federal Unemployment Tax Act, employees pay taxes to the states.

Question 17

Most states require that an unemployed worker applying for unemployment compensation should .

A) have quit voluntarily
B) have been fired because of poor performance on the job
C) not have committed any illegal act in his life
D) not have been fired for just cause

Question 18

What is the minimum hourly wage stipulated by the Fair Labor Standards Act in 2009?

A) $15.25
B) $2.25
C) $7.25
D) $12.25

Question 19

The Fair Labor Standards Act requires that employees who work more than 40 hours in a week be paid no less than for all the hours beyond the standard 40-hour workweek.

A) one and one-half times their regular wage
B) one and one-half times the minimum wage
C) twice their regular wage
D) twice the minimum wage

Question 20

Which of the following is true about the Federal Unemployment Tax Act?

A) The federal government pays all unemployed workers the same amount.
B) State governments pay unemployed workers according to a federal schedule of benefits.
C) States access money from the federal government's Unemployment Insurance Fund.
D) The federal government sets eligibility requirements for all unemployed workers.

Question 21

The Federal Unemployment Tax Act ensures that employees who lose their jobs can continue receiving medical, dental, or optical benefits for themselves and their dependents under the employer's policy.

Question 22

Workers' compensation laws are laws that provide financial compensation to .

A) covered employees of a covered employer or their dependents when they are fired from their jobs
B) covered employees of a covered employer or their dependents when they are injured on the job
C) independent contractors who are injured on the job
D) workers who are let go or fired, for a period of time usually ranging from 1 to 2 years

Question 23

How many days do employees have to decide whether or not to maintain coverage of medical, dental, or optical benefits under the Consolidated Omnibus Budget Reconciliation Act?

A) 30 days after the employee has found new employment
B) 60 days after the employee has found new employment
C) 30 days after their coverage would ordinarily terminate
D) 60 days after their coverage would ordinarily terminate

Question 24

Describe the Consolidated Omnibus Budget Reconciliation Act of 1985

Question 25

What consequence does an employer who does not comply with the Consolidated Omnibus Budget Reconciliation Act face?

A) The employer will go to jail for no more than 60 days and be required to pay 50 percent of the annual cost of benefits.
B) The employer will go to jail for no more than 30 days and be required to pay 20 percent of the annual cost of benefits.
C) The employer will be required to pay 10 percent of the annual cost of the group plan or $500,000, whichever is less.
D) The employer will be required to pay 50 percent of the annual cost of the group plan or $100,000, whichever is less.

Question 26

Why is workers' compensation said to be "no fault"?

A) Compensation recovery does not depend on showing that the injury was caused while on the job.
B) Compensation recovery does not depend on showing that an employee could have managed to avoid the injury.
C) Compensation recovery does not depend on showing that the injury was caused by an error of the employer.
D) Compensation recovery does not depend on showing that the employee intentionally hurt himself or herself to claim monetary benefit.

Question 27

Workers' compensation is said to be "no fault" because recovery does not depend on showing that the injury was caused by the negligence of the employee.

Question 28

Which of the following events occurs if an employer contests the amount or validity of a claim?

A) proceedings before an administrative law judge (ALJ)
B) an informal hearing before a regional office of the agency
C) investigation by a federal claims verification center
D) investigation by a claims examiner

Question 29

To recover workers' compensation benefits, an injured party must demonstrate that she or he is an employee as opposed to being an independent contractor.

Question 30

Mark, an accountant, was found guilty of embezzlement and was fired from his job. He had been receiving medical, dental, and optical benefits from his employer. On his termination, his employer refused to continue granting him these benefits. Which of the following courses of action can Mark take under the Consolidated Omnibus Budget Reconciliation Act of 1985?

A) He can sue his employer for 10 percent of the annual cost of the group plan.
B) He can sue his employer for $500,000.
C) He can pay the premium for the policy to maintain his coverage.
D) He cannot legally claim the benefits or any amount of money.

Question 31

Brooke Industries, a famous chain of hotels, decides to set up a new hotel in Detroit. It outsources the construction to Antonio, a local contractor. Antonio has to take a left turn across a busy thoroughfare to enter the parking lot of the site. One day, on his way to work, Antonio has an accident at the busy thoroughfare. Which of the following courses of action are open to Antonio in the context of workers' compensation laws?

A) He cannot claim compensation as he was technically not on the company premises.
B) He can claim compensation under the special-hazards exception.
C) He cannot claim compensation as he is an independent contractor.
D) He can claim compensation as he was on the way to the construction site.

Question 32

Betty is required to leave the company premises in order to run an errand for her employer. She has an accident on the way and is injured. In this scenario, which of the following statements is true under workers' compensation laws?

A) Betty's workers' compensation coverage ends the moment she leaves the premises.
B) Workers' compensation would cover Betty for injuries sustained during the course of running the errand.
C) Workers' compensation would cover Betty during the errand, but only if the errand involved a hazardous task.
D) Workers' compensation would cover Betty only if the injuries did not result from her own negligence.

Question 33

An agency responsible for paying workers' compensation claims verifies a claim if an employer does not contest the claim through .

A) proceedings before an administrative law judge (ALJ)
B) an informal hearing before a regional office
C) an application to the federal claims verification center
D) a claims examiner

Question 34

Which of the following is a provision for healthy, but not disabled, employees who lose their jobs under the Consolidated Omnibus Budget Reconciliation Act of 1985?

A) They continue to receive a minimum wage until they are able to find new employment.
B) They continue to receive medical, dental, and other benefits at no charge under the company's plan until they are able to find new employment.
C) They remain eligible to receive benefits under the company's plan for up to 18 months by paying premiums for the policy plus an administration fee.
D) They continue to receive medical, dental, and other benefits for up to 29 months by paying an administration fee.

Question 35

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

A) They are handled entirely by one federal agency.
B) They are handled by multiple federal agencies without state involvement.
C) They are promulgated by both federal and state agencies.
D) They are handled purely by the states.

Question 36

The Fair Labor Standards Act provides financial compensation to employees or their dependents when the covered employee of a covered employer is injured on the job.

Question 37

Describe the Federal Unemployment Tax Act.

Question 38

Under the Consolidated Omnibus Budget Reconciliation Act, an employer is not obliged to pay benefits to an employee if the employee was fired for gross misconduct.

Question 39

In order to claim benefits under workers' compensation law, an injured worker must demonstrate that the .

A) accident was not his or her fault
B) accident was the employer's fault
C) injury occurred on the job
D) injury took place in a nonhazardous environment

Question 40

Which of the following is a negative consequence of workers' compensation laws?

A) They have resulted in heightened tensions between employers and employees because now an employee may sue his or her employer for having suffered from an injury.
B) They have made employers less careful about employee safety than they would be if they had to fear huge damage awards.
C) They have resulted in significantly higher costs for employers.
D) They have prevented workers from being able to get promotions by taking calculated risks.

Question 41

Which of the following is true of the Occupational Safety and Health Agency?

A) Its fixed budget allows it to perform the same number of inspections every year.
B) Its safety standards are unanimously supported by labor unions across all industries.
C) It has to communicate the date of inspection to an employer one day in advance.
D) It undertakes educational programs among employers and employees.

Question 42

Eligible employees under the Family and Medical Leave Act are allowed to take up to of leave in any 12-month period.

A) 30 days
B) 60 days
C) 6 weeks
D) 12 weeks

Question 43

Which of the following designations is granted by the Occupational Safety and Health Administration to companies that have created particularly safe workplaces?

A) "Best" work sites
B) "Star" work sites
C) "Top" work sites
D) "Ace" work sites

Question 44

Which of the following is true of an inspection procedure at a workplace by a safety and health compliance officer?

A) The officer is not required to check the company records during inspection.
B) The officer arrives at the workplace within two days of informing the employer about the inspection.
C) The officer conducts the inspection alone and cannot be accompanied by the employer or an employee.
D) The officer discusses any apparent violations with the employer.

Question 45

Which agency under the Occupational Safety and Health Act primarily functions as a research facility?

A) Occupational Safety and Health Administration
B) National Institute for Occupational Safety and Health
C) Occupational Safety and Health Review Commission
D) National Labor Relations Board

Question 46

An employee who lost a toe in an industrial accident, but is not disabled as a result, would not be entitled to any compensation for the loss.

Question 47

Which of the following is true of the National Institute for Occupational Safety and Health (NIOSH)?

A) It was established under the Fair Labor Standards Act to identify occupational health and safety problems.
B) It provides the Occupational Safety and Health Administration with information on which the agency bases many of its "criteria documents."
C) It is an independent review body before which an employer can contest the issuance of a citation by the Occupational Safety and Health Administration.
D) It decides the amount of penalty that an employer must pay after receiving a citation from the Occupational Safety and Health Administration.

Question 48

If a leave is unforeseeable, notice must be given as soon as practicable. How is "as soon as practicable" defined under the Family and Medical Leave Act?

A) at least 30 days prior to the anticipated date on which the leave should begin
B) the exact day the need for leave becomes known
C) whatever date the employer considers practicable
D) within one or two business days from when the need for the leave becomes known

Question 49

Upon termination of his or her leave, under the Family and Medical Leave Act (FMLA), an employee must be .

A) asked to reapply for employment in the company he or she was working in
B) restored to any position in the company that is vacant
C) sent to a training course to be reemployed in the same capacity as he or she had been working in, prior to the leave
D) restored to the same position or one that involves substantially similar skills, effort, responsibility, and authority

Question 50

Which of the following is a penalty imposed upon an employer if he or she fails to comply with the Family and Medical Leave Act?

A) payment of the employee's attorney fees and court costs
B) payment of an amount not greater than the employee's wages for 4 weeks
C) imprisonment for a period not greater than 90 days
D) payment of an amount, not exceeding $100,000, mutually agreed upon by both parties

Question 51

Which of the following is true of a walk-through during a consultation provided by an Occupational Safety and Health Administration (OSHA) official to an employer?

A) The consultant places a confidential phone call to OSHA informing it about the safety standards being violated by the employer.
B) The consultant meets with the employer to briefly review the consultant's role and the obligations of the employer.
C) The consultant sends the employer a detailed written report explaining the findings and confirming any abatement periods agreed upon.
D) The consultant studies the entire workplace or the specific operations designated by the employer and discusses the applicable OSHA standards.

Question 52

The Occupational Safety and Health Administration pursues a catastrophe and fatality investigation when .

A) it learns of a hazard that can be expected to cause physical harm or death
B) an accident hospitalizes five or more workers or causes a death
C) employees go on strike in protest of an unsafe work environment
D) an employee alleges a violation and requests an inspection

Question 53

Which of the following events would be covered under the Family and Medical Leave Act?

A) placement of a stepchild in the employee's care
B) funeral of a close friend
C) adoption of a child
D) care of a seriously ill sibling

Question 54

State the benefits and problems of the Family and Medical Leave Act (FMLA). What steps have been taken by the government of California to address these problems?

Question 55

To exercise the rights under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least 60 days prior to the anticipated date on which the leave should begin.

Question 56

The Act is a law designed to guarantee that workers facing a medical catastrophe or certain specified family responsibilities will be able to take needed time off from work without pay but without losing medical benefits or their jobs.

A) Family and Medical Leave
B) Workers' Compensation
C) Family Law
D) Davis-Bacon

Question 57

In order to exercise his or her rights under the Family and Medical Leave Act, an employee whose medical leave is foreseeable must notify the employer .

A) as soon as practicable
B) at least 30 days prior to the beginning of the leave
C) within 10 days from when the need for the leave becomes known
D) within two business days from when the need for the leave becomes known

Question 58

Which of the following events occurs when an employer contests the issuance of a citation by the Occupational Safety and Health Administration (OSHA) before the Occupational Safety and Health Review Commission (OSHRC)?

A) A hearing is conducted before an administrative law judge.
B) A hearing is conducted before the National Institute for Occupational Safety and Health.
C) A trial is conducted before a jury of twelve members.
D) An investigation is conducted by a special committee set up by Congress.

Question 59

Under the Family and Medical Leave Act, although a leave itself can be unpaid, an employer must continue health insurance benefits during the leave period.

Question 60

Which of the following events occurs during the opening conference in a consultation provided by an Occupational Safety and Health Administration (OSHA) official to an employer?

A) The consultant studies the entire workplace or the specific operations designated by the employer and discusses the applicable OSHA standards.
B) The consultant sends the employer a detailed written report explaining the findings and confirming any abatement periods agreed upon.
C) The consultant places a confidential phone call to OSHA informing it about the safety standards being violated by the employer.
D) The consultant meets with the employer to briefly review the consultant's role and the obligations of the employer.

Question 61

A total of green cards are offered each year to people whose job skills are needed in the United States.

A) 140,000
B) 270,000
C) 770,000
D) 1.25 million

Question 62

The Occupational Safety and Health Review Commission is an independent review body before which an employer can contest the issuance of a citation by the Occupational Safety and Health Administration.

Question 63

The Occupational Safety and Health Act is designed to provide a workplace free from recognized hazards that are likely to cause death or serious harm to employees.

Question 64

What minimum degree of educational attainment is generally required for the issuance of an H-1B visa?

A) high school diploma
B) bachelor's degree
C) master's degree
D) No degree of educational attainment is required, since skill level (however acquired) and the employer's particular need for the worker are the operative criteria for the issuance of an H-1B visa.

Question 65

Employment verification is done by having an applicant complete an eligibility form, also known as Form , for at least .

A) EB-1; three years
B) H-1B; two years
C) I-9; three years
D) S-7; two years

Question 66

Explain how the Occupational Safety and Health Administration sets safety standards and enforces them.

Question 67

The Occupational Safety and Health Administration is charged with enforcing the Occupational Safety and Health Act through inspections announced at least two days in advance.

Question 68

Which of the following is a provision under the Drug-Free Workplace Act?

A) It requires employers who receive federal aid to develop an antidrug policy for employees.
B) It requires employers who do business of $10,000 or more with the federal government to provide drug-free awareness programs for employees.
C) It requires employers who receive aid from nonprofit corporations to make employees aware of assistance programs for those with drug problems.
D) It requires employers who do business of $10,000 or more with the state government to warn employees of penalties for violating the company's drug-free policies.

Question 69

Which of the following forms of pre-employment testing has stimulated the greatest amount of legal action?

A) skills testing
B) aptitude test
C) medical test
D) polygraph testing

Question 70

The National Institute for Occupational Safety and Health functions primarily as a research facility that attempts to make its findings on hazards available to those who can use them.

Question 71

The visa is issued to an employee in a professional or specialty occupation when the employer can show difficulty in recruiting qualified workers in the United States.

A) EB-1
B) FHS-2
C) H-2A
D) H-1B

Question 72

Which of the following is an incorrect statement regarding immigration law in the United States?

A) The Immigration Reform and Control Act of 1986 requires employers to hire only those people who can legally work in the United States.
B) The Immigration Reform and Control Act of 1986 is administered by the Interstate Commerce Commission.
C) Employers are required to verify the eligibility of all job applicants.
D) Employment verification is done by having the applicant complete an eligibility form, also known as an I-9, for at least 3 years.

Question 73

Under the provisions of the Electronic Communications Privacy Act, in which of the following situations is an employer permitted to monitor private telephone conversations of an employee?

A) The employee does not have the employer's permission to speak to a customer.
B) The employee uses a telephone in an office other than the employee's office.
C) The employee uses a telephone during normal working hours.
D) The employee has consented to the monitoring.

Question 74

In which of the following cases will an employer be justified in upholding random testing for drug use by an employee?

A) The employee poses a safety risk to others by doing a job while under the influence of drugs.
B) The employee has been informed orally about the company's random drug-testing policy.
C) The employee does not undertake a periodic physical examination.
D) The employee had failed his pre-employment drug test.

Question 75

An employer can be fined up to and imprisoned up to months for each undocumented worker they have hired.

A) $12,000; 2
B) $15,000; 4
C) $16,000; 6
D) $18,000; 7

Question 76

Of the following, who is least likely to receive preferential treatment for the issuance of a green card?

A) a migrant agricultural worker
B) an outstanding researcher
C) a professional athlete
D) the chief operations officer of a multinational company

Question 77

The standards set by the Occupational Safety and Health Administration are unanimously supported by labor unions across all industries.

Question 78

Explain the different steps involved in a consultation provided by an Occupational Safety and Health Administration (OSHA) official to an employer.

Question 79

The Electronic Communications Privacy Act extended employees' privacy rights to electronic forms of communication, including email and cellular telephones.

Question 80

Which of the following is true of the Omnibus Crime Control Act?

A) It allows employers who have banned personal calls to listen to the private telephone conversations of employees.
B) It allows employers to disclose the contents of private electronic communications of employees.
C) It prohibits employers from listening to the private telephone conversations of employees.
D) It prohibits employers from intentionally intercepting electronic communications of employees.