Deck 11: Employment Regulation and Labor Law

Question 1

The Employee Retirement Income Security Act authorizes the Department of Labor to monitor both pensions and retirement savings plan administration.

Answer 1

True
Explanation: ERISA authorizes the Department of Labor to monitor both pensions and retirement savings plan administration through the Labor Management Services Administration.

Question 2

Employers are not bound by the FLSA regarding employees classified as ________ employees.

Answer 2

Exempt

Question 3

The Social Security Act is funded through mandatory employment taxes paid by both the employer and employee.

Answer 3

True
Explanation: Mandatory FICA taxes are paid which fund the social security system.

Question 4

The shift from an agricultural society toward industrial production began almost immediately after the end of the U.S.Revolution.

Question 5

An employee group with mutual interests and goals that is an appropriate unit for negotiating union contracts is called a ________ unit.

Question 6

Leah is a first year elementary school teacher at a private religious school.The parents and kids love her and she gets along with everyone.One month after starting,she's called into the headmaster's office and handed an envelope containing spring break college photos of her topless,guzzling beer and alcohol while sitting in various men's laps.The headmaster informs her that she is terminated immediately and that she must clean out her desk and removes all personal belongings by the end of the day.She demands to know where the headmaster got these photos and he tells her that they monitor social networking sites.These pictures had been posted to a site she no longer uses and had forgotten about.She will be successful if she sues for wrongful termination based on invasion of privacy.

Question 7

Jan has been fired by her employer for poor job performance.Jan is still entitled to apply for and receive employer provided health care under provisions of the Consolidated Omnibus Budget Reconciliation Act.

Question 8

An employee with a salary in the top 10% of the company's payroll is classified as a ________ employee for FLSA purposes.

Question 9

________ refers to the point at which an employee becomes fully entitled to a benefit.

Question 10

A short term strike called without union authorization is called a ________ strike.

Question 11

The process of having the NLRB certify a union based on 50% of the authorization cards indicating the employees want a union without an election is called _______.

Question 12

Social security provides benefits for those workers who become disabled on the job.

Question 13

Employees classified as key employees who take leave,are not automatically entitled to Family Medical Leave Act reinstatement protections and guarantees.

Question 14

COBRA requires that employers provide health care coverage,at the former employee's cost,for up to ________ after the employee leaves the company.

Question 15

Employers are not required to offer their employees health care benefits.

Question 16

If an employee in a unionized company believes that the employer is violating the collective bargaining agreement,he or she may file a ________ and the union will arbitrate the matter on behalf of the employee.

Question 17

Conditions in American industrial plants have always been safe and humane with regard to the treatment of workers.

Question 18

Workers at Kent Corp.are on strike.To increase pressure on Kent Corp.they start picketing Flint Corp.,one of Kent's suppliers,with signs urging the boycotting of Flint for supporting unfair labor practices.The picketing at Flint would be considered an illegal _______.

Question 19

Employers are increasingly employing elaborate employee monitoring measures primarily to limit their risk of ________ liability in areas such as defamation and employment discrimination.

Question 20

One important aspect of a successful workers' compensation claim is that the employer's fault,negligence or wrongdoing does not have to be evidenced or proven for the injured employee to be compensated.

Question 21

Leon works in an office environment and during lunch,closes his office door and he uses his personal laptop computer to search the Internet for porn using the company's server via an Ethernet cable connection.The company may monitor his computer usage even though he is using a personally owned computer.

Question 22

When an employee takes leave pursuant to the Family Medical Leave Act,seniority continue to accrue and will be applied as if they were not on leave.

Question 23

The Health Care and Education Reconciliation Act requires employers to provide health care coverage to employees by 2014.

Question 24

If an employee has a retirement savings account,the employer promises to pay a monthly sum to employees ordinarily based on length of service and the employee's final salary at the date of retirement.

Question 25

If a worker dies before retirement,all social security benefits are forfeited and no benefits are paid to anyone.

Question 26

Even though children may legally be employed as actors,the Fair Labor Standards Act requires that appropriate educational standards be maintained through tutors and/or home schooling.

Question 27

The courts have very narrowly defined whether the Fair Labor Standards Act requires that time commuting to work sites when performing work during the commute should be compensated and no clear standard yet exists.

Question 28

Contributory and comparative negligence are generally not valid defenses to workers' compensation claims.

Question 29

If a union chooses not to bring a grievance to arbitration,the individual union member always has the right to pursue the matter through a law suit to enforce union provisions.

Question 30

Ben has applied for a job at a restaurant.As a condition of employment,he may be required to take a polygraph test.

Question 31

In NLRB v.Midwestern Personnel Services,Inc.,the court agreed with the NLRB position saying that unfair labor practices strikes do not lose their character when economic motives contribute to its cause and they remains an unfair labor practices strike as long as employees are motivated in part by unfair labor practices.

Question 32

The Fair Labor Standards Act does not cover all employees.

Question 33

Except for family agricultural jobs and child actors,the Fair Labor Standards Act prohibits the employment of 13 year olds.

Question 34

Kathy is a college student who enjoys spending her summers at the beach.For the past four years starting as a junior in high school she has worked as a waitress at a local beach resort restaurant from mid-June through mid-August.If Kathy is injured while working in the restaurant,she will be eligible for workers' compensation benefits.

Question 35

Under the Health Care and Education Reconciliation Act,individuals not covered under a health care plan by 2014 will be required to purchase a plan through a health care exchange.

Question 36

Federal Unemployment Tax Act covers the costs of administering state unemployment insurance and state job service programs.

Question 37

Sally works an hourly office job from 8:00 am until 4:30 pm,Monday through Friday,with an hour each day for lunch.Lunch is unpaid so her total weekly hours total 37 ½.One Friday,her boss Harry asks her to stay an extra hour to complete a project.If she stays the extra hour she will be entitled to overtime pay for that hour.

Question 38

Employees making complaints to the Occupational Safety and Health Administration are protected under the Occupational Safety and Health Act's whistle-blowing provisions.

Question 39

The Fair Labor Standards Act requires that all workers be paid a minimum wage.

Question 40

When an employee suffers a job related injury,the employee always has a choice of suing the employer in court or seeking workers' compensation.

Question 41

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following unless consent to monitor is granted except:

A) employee incoming personal phone calls.
B) employee outgoing personal phone calls.
C) employee e-mail.
D) employee voice mail

Question 42

Unsafe workplace conditions are monitored and regulated under:

A) ERISA.
B) COBRA.
C) HIPPA.
D) OSHA

Question 43

Which of the following is a tactic used by employers?

A) wildcat strikes
B) lockouts
C) secondary boycotts
D) grievances

Question 44

The Worker Adjustment and Retraining Notification Act applies to situations in which entire plants are to be shut down or a layoff is to occur.WARN applies to:

A) all employers of any size business.
B) employers of 50 or more full time workers with a layoff of 20 or more to occur.
C) employers of 75 or more full time workers with a layoff of 35 or more to occur.
D) employers of 100 or more full time workers with a layoff of 50 or more to occur

Question 45

Under the Health Care and Education Reconciliation Act,employers offering high end health care policies in 2018 will be required to pay additional taxes to help fund the Act's plan.A high end health care policy is defined as costing more than:

A) $12,500 per year.
B) $18,500 per year.
C) $23,500 per year.
D) $27,500 per year

Question 46

Employee protection from use of regular or random drug or alcohol tests in the workplace is governed by:

A) the common law.
B) state law.
C) federal law.
D) constitutional law

Question 47

Which of the following is also called the Taft-Hartley Act?

A) National Labor Relations Act
B) Labor Management Relations Act
C) Labor-Management Reporting and Disclosure Act
D) Fair Labor Practices Act

Question 48

Once the union organizers obtain authorization cards from at least ________ of the members of a bargaining unit an election will be scheduled by the NLRB.

A) 20%
B) 25%
C) 30%
D) 35%

Question 49

The Fair Labor Standards Act was originally intended to cover employers:

A) engaged in intrastate commerce only.
B) engaged in interstate commerce only.
C) both intrastate and interstate commerce only.
D) any and all commerce including foreign commerce

Question 50

With regard to polygraph tests:

A) public and private employers may require employees to take no more than one test per year as a condition of employment.
B) an employer may require mandatory tests only if every employee, both management and non-management are required to be tested.
C) government employees may only be required to take tests if the tests are a part of an investigation for theft or economic loss.
D) a privately owned drug company may require tests of their employees

Question 51

Morris is a nonexempt employee with a salary of $400 a week based on a 40 hour week.If he should work 50 hours in a particular week his paycheck should be for:

A) $450.
B) $500.
C) $550.
D) $600

Question 52

The Fair Labor Standards Act is administered and enforced by the:

A) Equal Employment Opportunity Commission.
B) U.S. Department of Labor.
C) individual states through state departments of labor.
D) Senate Labor Committee

Question 53

Disability benefits are provided to eligible workers pursuant to the:

A) National Labor Relations Act.
B) Family Medical Leave Act.
C) Social Security Act.
D) Occupational Safety and Health Act

Question 54

The Family and Medical leave Act applies to employers with a minimum of:

A) 10 full time employees.
B) 15 full time employees.
C) 25 full time employees.
D) 50 full time employees

Question 55

Right to work laws:

A) require that all persons applying for jobs be treated equally and without discrimination.
B) make it illegal for employers to agree with unions that union membership be required for continuing employment.
C) make it illegal for employers to agree with unions that union membership be required as a condition of employment.
D) make it illegal for an employer to terminate an employee for joining a union

Question 56

Which of the following literary works,although fictional,has been extremely influential in affecting American statutory law and is often cited in legislative histories regarding employment law?

A) Paradise Lost by John Milton
B) The Grapes of Wrath by John Steinbeck
C) What is to Be Done? Burning Questions of Our Movement by Vladimir Lenin
D) The Jungle by Upton Sinclair

Question 57

If an employee is killed on the job,OSHA requires that the employer notify them as soon as possible but no later than ________ after the accident.

A) 8 business hours
B) 12 business hours
C) 24 hours regardless of business hours
D) 48 hours regardless of business hours

Question 58

Protection of employee medical information is addressed by the:

A) Health Insurance Portability and Accountability Act.
B) Consolidated Omnibus Budget Reconciliation Act.
C) Social Security Act.
D) Health Care and Education Reconciliation Act

Question 59

The Labor Management Relations Act gives the President of the United States the right to suspend a strike for up to ________ in times of national emergency.

A) 80 days
B) 90 days
C) 120 days
D) 180 days

Question 60

The Employee Retirement Income Security Act establishes rules regarding each of the following except:

A) how much company stock may be held in a pension plan.
B) minimum interest rate returns on investments by pension and retirement savings plans.
C) record keeping.
D) maintenance of standardized vesting rules

Question 61

Discuss the differences between an economic strike and an unfair labor practices strike.What are the possible implications and consequences for union employees following each?

Question 62

Olivia works as an advertising executive for a large public relations firm in New York.Her boss gives her tickets to attend a formal event in Washington
D.C. at which many of the firm's clients will be in attendance. He expects her to represent the firm and generally solidify client relations by her attendance. While mingling with the attendees, she slips on a spilled drink and is severely injured in the fall. If Olivia files for workers' compensation, will she be eligible for benefits?
Yes, Olivia will be entitled to workers' compensation benefits. Eligibility is based on whether the injury resulted from an accident and whether she was hurt in the course of her employment. Certainly, slipping on a spilled drink is accidental. Although she was not in her New York office and perhaps indirectly performing ad exec related duties, she was in attendance at the formal affair at the direction of her employer and she was performing company related good will tasks. Courts will determine her to be acting in the course of her employment when injured and award her workers' compensation benefits.

Question 63

The Fair Labor Standards Act imposes restrictions on hiring workers under:

A) 18 years old.
B) 17 years old.
C) 16 years old.
D) 15 years old

Question 64

The Family Medical Leave Act provides that eligible employees be permitted:

A) six weeks of unpaid leave during any twelve month period.
B) six weeks of paid leave during any twelve month period.
C) twelve weeks of unpaid leave during any twelve month period.
D) twelve weeks of paid leave during any twelve month period

Question 65

The following act was passed specifically to monitor and prevent corruption in major trade unions:

A) National Labor Relations Act.
B) Labor Management Relations Act.
C) Labor-Management Reporting and Disclosure Act.
D) Fair Labor Practices Act

Question 66

When classifying an employee as exempt or nonexempt regarding Fair Labor Standards Act coverage,what factors are evaluated to arrive at a determination?

Question 67

Employers must provide continuous coverage to any employee even if terminated,under the:

A) Health Insurance Portability and Accountability Act.
B) Consolidated Omnibus Budget Reconciliation Act.
C) Social Security Act.
D) Health Care and Education Reconciliation Act

Question 68

Explain how the Health Care and Education Reconciliation Act will affect the U.S.health care system when its provisions take effect?

Question 69

Stella has asked her employer for leave pursuant to the Family Medical Leave Act.What must she evidence to be eligible for leave?

Question 70

Which of the following is not covered under the Fair Labor Standards Act?

A) overtime
B) working conditions
C) child labor
D) minimum wage

Question 71

Name and define three forms of illegal work stoppages which may be conducted by employees.

Question 72

In Falcon et al.v.Starbucks Corporation,after Starbucks reclassified the assistant store managers (ASMs )from exempt to nonexempt for FLSA purposes,changing their job duties but not their labor budgets and discouraging overtime,the court found:

A) reclassifying an employee after the employee has begun work violates the FLSA.
B) maintaining a policy of discouraging overtime is unlawful and could, along with other factors, lead to a consistent pattern of FLSA violations.
C) maintaining a policy of discouraging overtime, while not unlawful, could, along with other factors, lead to a consistent pattern of FLSA violations.
D) reclassifying the ASMs from exempt to nonexempt was an improper reclassification and the ASMs should indeed be exempt and not qualified for overtime compensation

Question 73

Workers at Jones Corporation have been on strike for three months due to an impasse based on salary and benefits.When the strike is concluded:

A) the workers must all be rehired but they are not entitled to back pay.
B) the workers must be rehired and they are entitled to back pay.
C) the employer is not required to rehire the employees as long as back pay is paid as severance.
D) the employer is not required to rehire the employees and no back pay is required to be paid

Question 74

Eligible workers who take leave under the Family Medical Leave Act:

A) must be paid their regular salary and medical benefits must be continued by the employer.
B) are not entitled to be paid their salary but the employer must continue providing medical benefits.
C) are guaranteed their same position upon their return at their same salary.
D) are not guaranteed the same position but must be offered, at minimum, a similar position, however; their salary pay may be adjusted if the new position is at a different pay grade

Question 75

Management is permitted to voice objections to the formation of a union under the:

A) National Labor Relations Act.
B) Labor Management Relations Act.
C) Labor-Management Reporting and Disclosure Act.
D) Fair Labor Practices Act

Question 76

Let us assume that you have just graduated and you're employed doing the job you have trained for and hoped and expected to have.State what that job is (if you're undecided choose something)and explain whether the position makes you exempt or nonexempt from standards and regulations under the Fair Labor Standards Act and how the FLSA will or will not apply to you.

Question 77

In Sisco v.Quicker Recovery,Inc.,Sisco,reroute to tow an impounded truck,was stopped by police for speeding.He refused to provide identification and was arrested pursuant to state statute.He was injured while resisting arrest and filed a workers' compensation claim.How did the courts decide the issue of his eligibility for benefits and what was their reasoning? How was Sisco's conduct evaluated?

Question 78

Most state workers' compensation statutes exempt each of the following except:

A) Marie is a maid who injures her back while vacuuming a rug.
B) Tom is a full time custodial worker employed at a local store.
C) Fred is a college student who regularly works part time for a florist after classes and is injured making a delivery to a customer.
D) Mike is a college student who works two months a year during his summer vacation as a life guard at a pool and is injured saving a woman

Question 79

Explain how the Electronic Communications Privacy Act applies to employee privacy and protections.

Question 80

In what ways does OSHA (the act and the agency)work to establish and maintain workplace safety?