Deck 35: Labor, Worker Protection, and Immigration Laws

Question 1

Workers' compensation is a(n)________ remedy.

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

Answer 1

A

Question 2

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

Answer 2

D

Question 3

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.

Answer 3

C

Question 4

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

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

Question 5

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

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

Question 6

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 7

Which of the following statements 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 8

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 9

Which of the following statements 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 10

Which of the following statements 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 11

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 12

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 13

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 14

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 15

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

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

Question 16

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 17

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 18

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 statements is Jorge's course of action?

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

Question 19

Which of the following statements 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 for the injury.
D) Workers' compensation is generally awarded as punitive damages of a lawsuit initiated by the injured employee.

Question 20

Which of the following statements 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 21

The ________ oversees union elections,prevents employers and unions from engaging in illegal and unfair labor practices,and enforces and interprets certain federal labor laws.

A) NLRA
B) NLRB
C) AFL
D) CIO

Question 22

Which of the following statements is true of the Labor Management Reporting and Disclosure Act of 1959?

A) The act establishes the right of employees to form and join labor organizations.
B) The act establishes the right of employees to bargain collectively with employers.
C) The act gives employers the right to engage in free-speech efforts against unions prior to a union election.
D) The act regulates internal union affairs and establishes the rights of union members.

Question 23

The ________ exemption applies to employees who will be paid by the client or customer,whose primary duty is making sales or obtaining orders or contracts for services,and who are customarily and regularly engaged away from the employer's place of business.

A) computer employee
B) outside sales representative
C) highly compensated employee
D) administrative employee

Question 24

The Labor Management Relations Act of 1947 is also known as the ________ Act.

A) Landrum-Griffin
B) Gompers-Lewis
C) Taft-Hartley
D) Wagner

Question 25

The Labor Management Reporting and Disclosure Act of 1959 is also known as the ________ Act.

A) Landrum-Griffin
B) Gompers-Lewis
C) Taft-Hartley
D) Wagner

Question 26

Which of the following is provided by the National Labor Relations Act of 1935?

A) to regulate internal affairs of each union
B) to represent employees according to their sectors of employment
C) to bargain collectively with employers
D) to equally represent every union member

Question 27

The ________ exemption applies to employees who are compensated on a salary basis,who engage in management,who have authority to hire employees,and who regularly direct two or more employees.

A) learned professional
B) computer employee
C) executive
D) administrative employee

Question 28

The National Labor Relations Act of 1935 is also known as the ________ Act.

A) Landrum-Griffin
B) Gompers-Lewis
C) Taft-Hartley
D) Wagner

Question 29

The ________ exemption applies to employees who are compensated on a salary or fee basis,whose primary duty is the performance of office or nonmanual work and whose work includes the exercise of discretion and independent judgment with respect to matters of significance.

A) executive
B) administrative employee
C) computer employee
D) learned professional

Question 30

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 31

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 32

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 33

A group of employees that a union is seeking to represent is known as a(n)________.

A) combined conciliation unit
B) appropriate mediation unit
C) collective negotiation unit
D) appropriate bargaining unit

Question 34

Enacted in 1932,the ________ is a federal statute which stipulates that it is legal for employees to organize.

A) National Labor Relations Act
B) Labor Management Relations Act
C) Taft-Hartley Act
D) Norris-LaGuardia Act

Question 35

Which of the following gives employees the right to join together to form a union?

A) The Wagner Act
B) Section 3 of the Landrum-Griffin Act
C) Section 7 of the NLRA
D) Section 1 of the Taft-Hartley Act

Question 36

Which of the following statements about the Family and Medical Leave Act is true?

A) The act applies to companies with 25 or more workers as well as federal, state, and local governments.
B) To be covered by the act, an employee must have worked for the employer for at least 6 months and must have performed more than 650 hours of service.
C) Employers are required to provide up to 12 weeks of unpaid leave due to the birth of and care for a child.
D) Employers are required to provide up to 5 weeks of unpaid leave due to the placement of a child with an employee for adoption or foster care.

Question 37

Which of the following statements is true of the Taft-Hartley Act?

A) It establishes the right of employees to bargain collectively with employers.
B) It gives employers the right to engage in free-speech efforts against unions.
C) It provides for the equal representation of skilled and unskilled workforce.
D) It gives the president of the United States the right to seek an injunction against a strike.

Question 38

The ________ exemption applies to employees compensated on a salary or fee basis that perform work that is predominantly intellectual in character,who possess advanced knowledge in a field of science,and whose advanced knowledge was acquired through a prolonged course of specialized intellectual instruction.

A) administrative employee
B) executive
C) computer employee
D) learned professional

Question 39

Which of the following federal statutes that regulate labor-management relationships covers airline carriers?

A) Norris-LaGuardia Act
B) National Labor Relations Act
C) Railway Labor Act
D) Landrum-Griffin Act

Question 40

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) Taylor, a software applications developer
D) Orlando, a telemarketer

Question 41

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

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

Question 42

Subjects that are not compulsory or illegal are known as ________ subjects of collective bargaining,which maybe be bargained for if the company and union agree to do so.

A) secondary
B) alternative
C) permissive
D) conditional

Question 43

A ________ is a cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice.

A) collective bargain
B) strike
C) crossover
D) persuasion

Question 44

Employees who choose not to strike or return to work after joining the strikers for a period of time are known as ________ workers.

A) locked-out
B) wildcat
C) borderline
D) crossover

Question 45

Which of the following statements best describes a wild-cat strike?

A) Union members occupy the employer's premises while striking.
B) Union members strike part of the day or workweek and work the other part.
C) Individual union members go on strike without proper union authorization.
D) The union declares indefinite cessation of work for its members.

Question 46

The act of negotiating contract terms between an employer and the members of a union is known as ________.

A) mediation
B) arbitration
C) collective bargaining
D) litigation

Question 47

Most union elections are contested by the employer.The ________ is required to supervise all contested elections where a simple majority vote wins the election.

A) Congress of Industrial Organizations
B) American Federation of Labor
C) National Labor Relations Board
D) Election Assistance Commission

Question 48

________ prohibits unions from engaging in unfair labor practices that interfere with a union election.

A) The Wagner Act
B) Section 7 of the NLRA
C) Section 8(a) of the NLRA
D) Section 8(b) of the NLRA

Question 49

Under a(n)________ shop agreement,an employer agrees to hire only employees who are already members of a union.

A) union
B) agency
C) confirmed
D) closed

Question 50

The ________ is a rule that permits employees and union officials to engage in union solicitation on company property if the employees are beyond reach of reasonable union efforts to communicate with them.

A) executive exemption
B) exclusionary rule
C) inaccessibility exception
D) administrative employee exemption

Question 51

Which of the following statements is true of a union shop agreement while hiring an employee?

A) The employee must join the union within a certain time after employment.
B) The employee does not join the union but pays an agency fee.
C) The employee must be a skilled worker represented by more than one union.
D) The employee must be represented by more than one union.

Question 52

The ________ requires employers to verify whether prospective employees are either U.S.citizens or otherwise authorized to work in the country.

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

Question 53

If union organizers get fewer than ________ of the employees to sign consent cards,a union election will not be held.

A) 90 percent
B) 30 percent
C) 50 percent
D) 75 percent

Question 54

Which of the following is a provision of Section 8(a)of the NLRA?

A) It prohibits unions from engaging in unfair labor practices that interfere with a union election.
B) It makes it an unfair labor practice for an employer to restrain employees from forming and joining unions.
C) It enables employees to opt out of unions by organizing a decertification election.
D) It permits employees and union officials to engage in union solicitation on company property.

Question 55

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

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

Question 56

Once a strike begins,the employer may continue operations by ________ to take the place of the striking employees.

A) hiring replacement workers
B) temporarily demoting supervisors
C) acquiring crossover workers
D) acquiring wildcat strikers

Question 57

Certain topics are considered ________ subjects of collective bargaining and therefore cannot be subjects of negotiation or agreement.

A) permissive
B) illegal
C) alternative
D) compulsory

Question 58

If employees no longer want to be represented by a union,a(n)________ election is held.

A) employer-contested
B) consent
C) decertification
D) management-contested

Question 59

Which of the following states has enacted right-to-work laws?

A) Oregon
B) New Jersey
C) Washington
D) Florida

Question 60

Which of the following is a compulsory subject during collective bargaining?

A) health benefits
B) discrimination
C) corporate reorganization
D) location of workplace

Question 61

Persons age 18 and older may work at any job,whether it is hazardous or not.

Question 62

If employees no longer want to be represented by a union a consent election will be held.

Question 63

Section 8(a)of the NLRA prohibits unions from engaging in unfair labor practices that interfere with a union election.

Question 64

In addition to covering physical injuries,workers' compensation insurance covers stress and mental illness that are employment related.

Question 65

As of 2013,the federal minimum wage is set at $5 per hour.

Question 66

Wages,hours,and other terms and conditions of employment are compulsory subjects of collective bargaining.

Question 67

The employer may require medical proof of claimed serious health conditions.

Question 68

If an employee's tips and direct employer payment does not equal the minimum wage,the employer must make up the difference.

Question 69

A general duty standard of the Occupational Safety and Health Act imposes on an employer a duty to provide employment and a work environment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.

Question 70

An eligible employee who takes leave must,upon returning to work,be restored to either the same or an equivalent position with equivalent employment benefits and pay.

Question 71

An employee who regularly performs at least one of the duties of an exempt executive,an administrative,or a professional employee is known as a highly compensated employee.

Question 72

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

Question 73

Local governments are not exempt from the Occupational Safety and Health Act.

Question 74

Workers' compensation benefits are usually paid according to preset limits established by statute or regulation.

Question 75

The NLRB is an administrative body composed of five members appointed by the president and approved by the Senate.

Question 76

An employment-related injury refers to an injury to an employee that arises out of and in the course of employment.

Question 77

Sometimes employers give employees the title of "manager" to avoid the minimum wage and overtime pay requirements of the FLSA.

Question 78

OSHA is empowered to inspect places of employment for health hazards and safety violations.

Question 79

According to the FLSA,children aged 14 and 15 can only work as newspaper deliverers.

Question 80

The highly compensated employee exemption applies to employees who are paid total annual compensation of $50,000 or more.