Deck 20: Employment Law and Worker Protection

Question 1

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

Answer 1

False

Question 2

Workers' compensation is a(n)________ remedy,which means that workers cannot receive workers' compensation and also sue their employers in court for damages.

Answer 2

exclusive

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

Workers' compensation is a(n)________ remedy.

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

Question 8

Which of the following is true of workers' compensation?

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

Question 9

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

Question 10

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

Question 11

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

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

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

In which of the following situations can an employee sue an employer in civil court to recover damages for employment-related injuries?

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

Question 14

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

Question 15

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

A)covered by workers' compensation insurance
B)not covered by workers' compensation
C)covered by the employer's self-insurance fund
D)not covered by the employee's medical insurance

Question 16

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

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

Question 17

Which of the following must be proven by a claimant pursuing compensation for an injury under workers' compensation?

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

Question 18

Jorge,a forklift truck operator for the retail chain Hanes Ridge,was injured when the forklift he was operating toppled over.The forklift truck was designed and manufactured by Ionic Machines,Inc.Jorge received workers' compensation benefits for his injury.It was later determined that the forklift truck was not designed to be used to lift as much weight as Ionic Machines claimed it could.To which of the following legal rights is Jorge entitled?

A)sue Hanes Ridge in civil court for his work-related injuries
B)sue Hanes Ridge in federal court for violation of the Fair Labor Standards Act (FLSA)
C)sue Ionic Machines in civil court for damages
D)Jorge cannot sue either Hanes Ridge or Ionic Machines,since he has already received workers' compensation benefits

Question 19

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

Question 20

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

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

Question 21

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

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

Question 22

The FLSA applies to ________.

A)state government employees
B)federal government employees
C)employees engaged in the production of goods for interstate commerce
D)self-employed U.S.citizens

Question 23

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

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

Question 24

Which of the following acts establishes the minimum wage and overtime pay requirements for workers in the United States?

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

Question 25

The ________ Act contains a general duty standard that 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 26

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

A)An employer may not reduce the minimum wage by an amount equal to the reasonable cost of food provided to employees.
B)Managerial employees are not subject to minimum wage requirements.
C)Apprentices cannot be paid less than the minimum wage.
D)Employees who earn tips,such as waiters and waitresses,are not entitled to the minimum wage.

Question 27

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

Question 28

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

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

Question 29

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

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

Question 30

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

A)A state can enact a law that sets the minimum wage higher than the federal minimum wage.
B)A city cannot set a minimum wage higher than the federal minimum wage.
C)A living wage law sets a lower minimum wage than the federal minimum wage.
D)For a tipped employee,if an employee's tips and direct employer payment do not equal the federal minimum wage,the employer is not required to make up the difference.

Question 31

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

Question 32

If a wage employee works 50 hours one week and 30 hours the next week,for how many hours of overtime pay does the employer owe the employee?

A)0
B)10
C)40
D)80

Question 33

Which of the following is true of child labor regulations adopted by the U.S.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 are exempt from the regulations.

Question 34

OSHA standards establish safety requirements for safety guards on saws.This is an example of a(n)________ standard.

Question 35

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

Question 36

The ________ is a federal agency that is empowered to inspect places of employment for health hazards and safety violations.

Question 37

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

A)children who work as retail store clerks
B)children who work in fast-food restaurants
C)children employed as actors and performers
D)children employed at gasoline stations

Question 38

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)nonhazardous work environment imprimatur

Question 39

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

A)dishwashers
B)newspaper deliverers
C)waiters or waitresses
D)retail store clerks

Question 40

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

A)The standard must be established with each safety regulation.
B)It requires an employer to provide a work environment that does not result in employee mental stress.
C)An employer is required to provide a work environment that is free from recognized hazards.
D)OSHA has no authority regarding employer safety violations,since it is merely a model act.

Question 41

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

Question 42

Helga works as a nurse in a private hospital.She is paid an hourly wage.Helga is typically required to work 40 hours per week,from 10 p.m.until 6 a.m.Monday through Friday.Due to the recent resignation of another nurse,Helga's supervisor has offered her the opportunity to work additional hours each week.Which of the following is true in terms of Helga's prospects for overtime pay?

A)Helga cannot receive overtime pay,since federal law conclusively presumes that health care workers are paid on a salaried basis.
B)Helga can receive overtime pay only if she works more than 60 hours per week,due to the federal overtime pay restrictions imposed on the health care sector.
C)Helga cannot receive overtime pay,as federal law prohibits overtime pay for health care workers.
D)Helga is entitled to overtime pay if she works the additional hours.

Question 43

Administrative employees who do not do manual work are exempt from the federal minimum wage requirement.

Question 44

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

Question 45

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

Question 46

The Fair Labor Standards Act (FLSA)is enforced by the ________.

Question 47

Living wage laws are minimum wage laws enacted by cities.

Question 48

Overtime pay is given to nonexempt employees who work more than 40 hours per week.

Question 49

Who among the following is not exempt from the federal minimum wage requirement?

A)Kelly,a district sales executive
B)Angelica,a waitress
C)Tsun,a software engineer
D)Orlando,a college professor

Question 50

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

Question 51

Software developers and other computer professionals cannot claim overtime pay.

Question 52

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

Question 53

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

Question 54

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

Question 55

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

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

Question 56

Private civil actions are permitted under the FLSA.

Question 57

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

Question 58

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

Question 59

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

Question 60

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

Question 61

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

A)have worked for the employer for at least three years
B)have performed more than 1,250 hours of service during the previous 12-month period
C)not have claimed maternity leave in the past
D)be suffering from a serious physical injury or ailment

Question 62

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

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

Question 63

Under the FLSA,an employer cannot require nonexempt employees to work more than 40 hours per week unless they are paid ________ of one-and-a-half times their regular pay for each hour worked in excess of 40 hours that week.

Question 64

What is the Family and Medical Leave Act (FMLA)? How is an employee covered under it?

Question 65

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

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

Question 66

The Fair Labor Standards Act (FLSA)guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

Question 67

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

Question 68

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

Question 69

The Employee Retirement Income Security Act (ERISA)is administered by the U.S.Department of Labor.

Question 70

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

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

Question 71

Which of the following is true of COBRA?

A)Government employees are subject to parallel provisions found in the Public Health Service Act.
B)Under most circumstances,COBRA coverage is available for 24 months after employment has ended.
C)An employer is under no obligation to notify covered employees and their beneficiaries of their rights under COBRA.
D)To continue coverage after employment has ended,a person need not pay the group rate premium.

Question 72

The ________ permits employees and their beneficiaries to continue their group health insurance after the voluntary or involuntary termination of a worker's employment.

Question 73

The ________ exemption is an exemption that 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.

Question 74

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

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

Question 75

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

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

Question 76

Which of the following is not a Social Security benefit?

A)retirement benefits
B)disability benefits
C)Medicare
D)workers' compensation

Question 77

The Consolidated Omnibus Budget Reconciliation Act (COBRA)is an act designed to prevent fraud and other abuses associated with private pension funds.

Question 78

The ________ is a federal act that guarantees workers up to 12 weeks of unpaid leave in a 12-month period to attend to family and medical emergencies and other specified situations.

Question 79

Outline the minimum wage requirement established by the Fair Labor Standards Act.How are wages paid to a tipped employee?

Question 80

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