Deck 19: The Employment Relationship

Question 1

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

Answer 1

B

Question 2

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

Answer 2

C

Question 3

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.

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

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 6

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 7

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 8

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 9

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

Question 10

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 11

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.

Question 12

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 13

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 14

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 15

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 16

Brooke Industries, a famous chain of hotels, decides to set up a new hotel in Detroit. It outsources the construction to Antonio, a local constructor. Antonio has to take a left-hand turn across a busy thoroughfare to enter the parking lot of the site. One day, on his way to work, Antonio meets with 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 17

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 18

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 19

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 20

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 21

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 22

Betty is required to leave the company premises in order to run an errand for her employer. She meets with an accident on the way and is injured. In this scenario, which of the following statements will hold 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 23

Which of the following is 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 24

The ________ 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 Act
B)Workers' Compensation Act
C)Family Law Act
D)Davis-Bacon Act

Question 25

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 26

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

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

Question 27

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 28

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 29

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 30

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 31

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 32

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 33

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 34

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 35

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 36

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 37

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 38

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 39

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 40

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 41

Which of the following forms of preemployment testing has stimulated the greatest amount of legal action?

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

Question 42

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 43

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 44

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

Question 45

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 preemployment drug test.

Question 46

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

Question 47

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

Question 48

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 49

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 50

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 51

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.

Question 52

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 53

Which of the following organizations developed the International Covenant on Economic, Social, and Cultural Rights to ensure that workers around the world receive certain rights and benefits?

A)the International Labor Organization
B)the World Trade Organization
C)the International Court of Justice
D)the United Nations Commission on Human Rights

Question 54

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 55

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

Question 56

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 57

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 58

What is the difference between the vacation benefits for workers offered by the U.S. and those offered by European countries?

A)The United States offers employees typically up to two weeks of vacation benefits, whereas European countries do not allow employees more than a week's vacation time.
B)Employers in most European nations grant vacation benefits to workers but workers in the United States are not allowed any vacation benefits.
C)Unlike the United States, most European nations mandate a minimum amount of annual vacation time for employees.
D)European countries mandate that employees must work on public holidays to compensate for their vacation, whereas in the U.S., workers are granted a minimum paid vacation time.

Question 59

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

Question 60

Which of the following statements is true about parental leave benefits for workers in countries other than the United States?

A)Most European countries, like the U.S., require a guaranteed unpaid leave.
B)In France, Austria, and Finland, paid parental leave begins 3 months before childbirth.
C)French working mothers are entitled to an additional paid leave until their children reach 2 years of age.
D)Paid parental leave extends to 10 weeks after birth in France, 8 weeks in Austria, and almost 1 year in Finland.

Question 61

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 62

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

Question 63

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

Question 64

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

Question 65

The United States, unlike most European nations, does not mandate any minimum amount of annual vacation time for employees.

Question 66

State the benefits that can be claimed under workers' compensation. How are these compensation claims filed?

Question 67

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

Question 68

The Family and Medical Leave Act (FMLA) was designed to guarantee that workers facing an unexpected medical catastrophe or the birth or adoption of a child would be able to take needed time off from work.

Question 69

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 70

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 71

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 72

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 73

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 74

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

Question 75

Compare and contrast the minimum wage requirements of the U.S. with those of Ireland.

Question 76

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 77

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.