Question 1

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.

Accepted Answer

An employee's activities while using an employer's computer or computer system are not protected by any privacy laws.

Question 2

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.

Accepted Answer

Seniority is not credited during periods of leave.

Question 3

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

Accepted Answer

Penalties may be imposed for not providing coverage but coverage is not required to be provided.

Question 4

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.

Accepted Answer

A retirement savings account is controlled by the employee while a pension is paid by the employer based on service and salary.

Question 5

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

Accepted Answer

If a worker dies, survivor benefits are available to spouses and children.

Question 6

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.

Accepted Answer

Educational standards regarding legally employed children are required by state, not federal statutes.

Question 7

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.

Accepted Answer

Courts have not stated a bright line standard and interpret the issue very narrowly.

Question 8

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

Accepted Answer

Generally, workers' compensation applies to injuries sustained on the job regardless of fault.

Question 9

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.

Accepted Answer

If a union chooses not to bring a grievance to arbitration, the individual union member normally is not authorized to pursue the matter through a law suit to enforce union provisions.

Question 10

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

Accepted Answer

Private sector employers may not require polygraph tests as a condition of employment unless the employee is a subject in an investigation.

Question 11

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.

Accepted Answer

An unfair labor practices strike may have economic issues attached yet still remain classified as an unfair labor practices strike.

Question 12

The Fair Labor Standards Act does not cover all employees.

Accepted Answer

The FLSA is not intended to protect professional, executive or administrative employees.

Question 13

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

Accepted Answer

Children at 13 years old may legally work in newspaper sales and delivery.

Question 14

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.

Accepted Answer

Most state workers' compensation statutes exclude seasonal and part time workers from coverage.

Question 15

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.

Accepted Answer

Individuals will be required to purchase a program through state run exchanges.

Question 16

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

Accepted Answer

FUTA is funded through employer taxes and administers the state unemployment insurance and job service programs.

Question 17

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.

Accepted Answer

The FLSA requires overtime be paid for hours worked over 40 hours per week. Sally will be paid for the extra hour at her regular wage, but not at the time and a half overtime rate.

Question 18

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

Accepted Answer

OSHA includes whistle-blower protections protecting employees who file safety complaints against their employers.

Question 19

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

Accepted Answer

The Fair Labor Standards Act requires that all employees be paid a minimum wage. Independent contractors are agents but not employees so they are not covered under this act.

Question 20

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

Accepted Answer

Workers' compensation statutes provide an exclusive remedy for workplace injuries, subject to two exceptions.

Quiz 11: Employment Regulation and Labor Law