Question 1

Which of the following is generally an available method of complying with a state's workers' compensation statute?

Accepted Answer

The states fund workers' compensation by compelling covered employers to (1)purchase private insurance, (2)self-insure (e.g. ,by maintaining a contingency fund),or (3)make payments into a state insurance fund.

Question 2

Featherbedding was declared an unfair labor practice by the ________.

Accepted Answer

The Labor Management Relations Act (LMRA or Taft-Hartley Act)declared featherbedding (forcing an employer to pay for work not actually performed)by unions as an unfair labor practice.

Question 3

For a worker to succeed in obtaining a workers' compensation award,the worker must demonstrate that:

Accepted Answer

A basic feature of workers' compensation is that employees recover only for work-related injuries.Therefore,a worker must demonstrate that the injury was work-related to succeed in obtaining a workers' compensation award.

Question 4

An employee cannot sue her employer for a violation of ________.

Accepted Answer

An employee cannot sue her employer for a violation of OSHA because the statute provides no private right of action to covered employees.

Question 5

Social Security is mainly financed by ________.

Accepted Answer

Today,the law requires that employers help ensure their employees' financial security after the employment ends.One example is the federal Social Security system.Social Security mainly is financed by the Federal Insurance Contributions Act (FICA).

Question 6

________ prohibited federal court enforcement of yellow-dog contracts.

Accepted Answer

The Norris-LaGuardia Act of 1932 limited the circumstances in which federal courts could enjoin strikes and picketing in labor disputes,and also prohibited federal court enforcement of yellow-dog contracts.

Question 7

Unemployment compensation is administered by ________.

Accepted Answer

Each state administers its own unemployment compensation system under federal guidelines.

Question 8

Which of the following statements about the Employee Retirement Income Security Act (ERISA)is accurate?

Accepted Answer

The Employee Retirement Income Security Act (ERISA)does not require employers to establish or fund pension plans and does not set benefit levels.Instead,it tries to check abuses and to protect employees' expectations that promised pension benefits will be paid.

Question 9

Workers' compensation systems have failed to eliminate which of the following employer defenses?

Accepted Answer

Workers' compensation systems have eliminated the employer's three traditional defenses: contributory negligence of the employee,assumption of risk by the employee,and the fellow-servant rule (negligence of a coemployee).However,employers might not be held liable for injuries resulting from employee horseplay or self-inflicted injuries.

Question 10

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

Accepted Answer

Work-related injury problems on which courts have disagreed include mental injuries allegedly arising from the employment and injuries resulting from employee horseplay.Virtually all states,however,regard intentionally self-inflicted injuries as outside workers' compensation.Recovery for occupational diseases,on the other hand,usually is allowed today.

Question 11

For an employee to recover under a workers' compensation system,what percentage of negligence must the employer be found guilty of?

Accepted Answer

Workers' Compensation systems operate on the theory of strict liability,which means that the employee does not need to prove employer negligence.

Question 12

In which of the following situations will a state make an award of workers' compensation to an injured worker,if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

Accepted Answer

If a state is using an "increased risk" test to define the relationship between an injury and the nature of employment,the employee recovers only if the nature of her job increases her risk of injury above the risk to which the general public is exposed.Under this test,a security guard employed by a software company will recover if assaulted by a trespasser while on duty.

Question 13

While in the course of employment with Marco,Inc. ,Payne was injured.Marco has complied with the state's mandatory workers' compensation statute.Marco's workers' compensation carrier has asserted the following defenses to Payne's claim for workers' compensation benefits: I.Marco was free from any wrongdoing.
II)Payne assumed the risk by disregarding Marco's safety procedures.
III)Payne's injury was intentionally self-inflicted.
Which defense(s)asserted by the workers' compensation carrier,if proven,will prevent Payne from recovering?

Accepted Answer

Virtually all states regard intentionally self-inflicted injuries as outside workers' compensation.Therefore,if Marco's workers' compensation carrier can prove that Payne's injury was intentionally self-inflicted,then this defense will prevent Payne from recovering.

Question 14

________ established an 80-day cooling-off period for strikes that the president finds likely to endanger national safety or health.

Accepted Answer

The Labor Management Relations Act (LMRA or Taft-Hartley Act)established an 80-day cooling-off period for strikes that the president finds likely to endanger national safety or health.

Question 15

Which of the following statements is generally correct with respect to unemployment compensation?

Accepted Answer

Generally,those who voluntarily quit work without good cause,are fired for bad conduct,fail to actively seek suitable new work,or refuse such work are ineligible for unemployment benefits.

Question 16

Which of the following statements about nineteenth-century law and employee injuries is false?

Accepted Answer

Employees sometimes had problems proving the employer's negligence.

Question 17

The federal and state governments are exempt from which of the following acts?

Accepted Answer

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.Exempted,however,are the U.S.government,the states and their political subdivisions,and certain industries regulated by other federal safety legislation like the Mine Safety and Health Act.

Question 18

Congress enacted the ________ after congressional investigations during the 1950s uncovered corruption in internal union affairs and revealed that the internal procedures of many unions were undemocratic.

Accepted Answer

Congressional investigations during the 1950s uncovered corruption in internal union affairs and also revealed that the internal procedures of many unions were undemocratic.In response,Congress enacted the Labor Management Reporting and Disclosure Act (or Landrum-Griffin Act)in 1959.

Question 19

For a business to be covered under the Family and Medical Leave Act (FMLA)how many employees must the business employ?

Accepted Answer

To be considered under the authority of FMLA a business must employ at least 50 or more individuals.

Question 20

The Fair Labor Standards Act (FLSA)regulates wages and hours by entitling covered employees to a time-and-a half rate for work exceeding ________ hours per week.

Accepted Answer

The Fair Labor Standards Act (FLSA)regulates wages and hours by entitling covered employees to (1)a specified minimum wage whose amount changes over time,and (2)a time-and-a half rate for work exceeding 40 hours per week.

Quiz 51: Employment Law