Question 1

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

Accepted Answer

The answer of Which of the following statements is not...

Question 2

Illegal strikers may be discharged by the employer,but they have legal rights to reinstatement.

Accepted Answer

Illegal strikers do not have legal rights to reinstatement, as their actions violate labor laws, and employers are not obligated to reinstate them.

Question 3

In Medrano v.Marshall Electrical Contracting Inc.,the court had to determine whether Medrano was covered by workers' compensation when he was killed while driving home from a night class.They said:

Accepted Answer

The "mutual benefit" doctrine applies in cases where an employer receives a benefit from an employee's activity outside of work, such as attending classes to improve job skills. In this case, since the class benefited the company by making Medrano a better employee and he was killed while driving home from the class, the company is liable for workers' compensation benefits.

Question 4

The amount of social security taxes self-employed individuals must pay is equal to the combined employer-employee amount.

Accepted Answer

Self-employed individuals must pay both the employer and employee portion of the social security tax, which is currently 12.4% of their net earnings (up to a certain limit). This is equal to the combined amount paid by both the employer and employee in a traditional employer-employee relationship.

Question 5

Which of the following is not a covered situation under the Family and Medical Leave Act?

Accepted Answer

The Family and Medical Leave Act covers situations A, B, C, and D, but not E. The act allows eligible employees to take up to 12 weeks of unpaid leave per year for specific family or medical reasons, as outlined in A, B, C, and D. Care for a neighbor is not covered under this act.

Question 6

Under the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990,border states (for example,the state of Arizona)are delegated exclusive authority and jurisdiction to administer United States immigration law.

Accepted Answer

Border states do not have exclusive authority and jurisdiction to administer United States immigration law. Federal immigration law is administered by the federal government through agencies such as the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS). States may have some involvement in the enforcement of immigration law, but they do not have exclusive authority in this area.

Question 7

Many of the OSHA standards are ________ duty standards.

Accepted Answer

The answer of Many of the OSHA standards are ________...

Question 8

Under workers' compensation,when an employee is injured on the job:

Accepted Answer

Under workers' compensation laws, employees generally cannot sue their employers for workplace injuries unless the injury was intentional. Workers' compensation is a no-fault system, meaning employees do not need to prove employer negligence to receive benefits.

Question 9

Which of the following is false regarding the Family and Medical Leave Act?

Accepted Answer

The statement that the Family and Medical Leave Act is not a federal law is false. It is a federal law that applies to all public agencies and private sector employers who have 50 or more employees. While some states have enacted similar laws, the FMLA itself is a federal law.

Question 10

The primary goal of establishing workers' compensation systems is to:

Accepted Answer

The primary goal of establishing workers' compensation systems is to provide a more certain method for employees to recover for workplace injuries. This is accomplished by providing guaranteed benefits to employees when they are injured on the job, without the need for them to go through legal proceedings or negotiate with employers or insurance companies. The system aims to provide financial support and medical care to injured employees, as well as rehabilitation and retraining programs aimed at helping them return to work as quickly and safely as possible.

Question 11

Even if replacement workers are given permanent status,they must be dismissed when the strike is over.

Accepted Answer

Replacement workers may be given permanent status, depending on the company policy, but they are generally hired only for the duration of the strike and are dismissed once the regular workers return to work.

Question 12

The Family Medical Leave Act makes an employee eligible for leave when they have worked:

Accepted Answer

Under the Family Medical Leave Act, an employee is eligible for leave if they have worked for a minimum of twelve months, and have worked at least 1,250 hours during that period. Therefore, choice A is the best option.

Question 13

Workers' compensation is a(n)________ remedy.

Accepted Answer

Workers' compensation is an exclusive remedy, meaning that it provides the only recourse for employees who are injured on the job. In return for providing this exclusive remedy, employers are generally protected from lawsuits by injured employees seeking damages.

Question 14

When pension rights are forfeitable for a set period of time,and then totally vested after that time has expired,this is called ________ vesting.

Accepted Answer

Cliff vesting refers to a situation where employees must work for a certain number of years before gaining full rights to their pension benefits, after which they are fully vested.

Question 15

The Social Security program has provided retirement benefits for workers since the late 1800s.

Accepted Answer

The Social Security program was not established until 1935 as part of the New Deal under President Franklin D. Roosevelt.

Question 16

Violators of the Immigration Reform and Control Act are subject to both civil and criminal penalties.

Accepted Answer

The Immigration Reform and Control Act imposes both civil and criminal penalties for violators. Civil penalties may include fines, while criminal penalties may include imprisonment or fines.

Question 17

Which of the following is not true regarding the Occupational Safety and Health Act?

Accepted Answer

The Occupational Safety and Health Act is primarily focused on protecting the safety and health of workers, not the safety of consumers who purchase the employer's products or services.

Question 18

The unemployment compensation program is run at the federal level to ensure equality of benefits across the country.

Accepted Answer

While the federal government provides guidelines and funding for unemployment compensation programs, each state is responsible for administering their own program, leading to variations in eligibility requirements, benefit amounts, and duration of benefits across the country.

Question 19

An employer is entitled to deny restoration of a previous job under the Family and Medical Leave Act to:

Accepted Answer

The correct answer is D because under the Family and Medical Leave Act, an employer may deny restoration of a previous job to a salaried employee who is among the highest paid ten percent of that employer's employees if the denial is necessary to prevent substantial and grievous economic injury to the employer's operations. This is known as the "key employee" exception.

Question 20

Once a strike begins,the employer may continue operations by using management personnel and hiring replacement workers to take the place of the striking employees.

Accepted Answer

This statement is true. Employers have the legal right to continue their operations during a strike by using management personnel and hiring replacement workers to perform the work of striking employees. However, this practice is often controversial and can lead to tensions between employers and unions.

Quiz 35: Labor, Worker Protection, Employment, and Immigration Law