Question 1

Employers with defined benefit plans are required to purchase insurance from the Pension Benefit Guarantee Corporation to cover potential losses of benefits on termination of a plan.

Accepted Answer

Employers with defined benefit plans are required to purchase insurance from Pension Benefit Guarantee Corporation to cover potential losses of benefits on termination of a plan.

Question 2

Anthony has gotten a job delivering newspapers. He is 13 years old. The City News has not violated the child labor laws.

Accepted Answer

According to the United States Department of Labor, children aged 13 are allowed to work as newspaper deliverers as long as it does not interfere with their education and school hours. Therefore, The City News has not violated child labor laws by employing Anthony to deliver newspapers.

Question 3

The only legal way in which an employer can avoid having to pay an employee at one and one-half the employee's normal hourly rate for hours worked in excess of 40 hours per week is by having the employee sign a contract agreeing to waive the overtime rate.

Accepted Answer

It is illegal for an employer to require or even ask an employee to waive their right to overtime pay. The Fair Labor Standards Act (FLSA) mandates that covered, nonexempt employees receive overtime pay for any hours worked over 40 in a workweek.

Question 4

An employer can be liable for criminal penalties, under OSHA, if it commits a willful violation that results in the death of an employee.

Accepted Answer

According to the Occupational Safety and Health Administration (OSHA), employers can face criminal penalties if they commit a willful violation that results in the death of an employee. This includes fines and potential imprisonment for individuals responsible for the violation.

Question 5

Beatrice sues her employer for a negligently incurred injury. The employer attempts to show that it was the act of one of Beatrice's coworkers that caused Beatrice's injuries. The employer is asserting:

Accepted Answer

The fellow servant rule is a common law doctrine that states an employer is not liable for an employee's injuries if they were caused by the negligence of a fellow employee. Therefore, if the employer can prove that one of Beatrice's coworkers caused her injury, they can use the fellow servant rule as a defense to avoid being held liable.

Question 6

Employers must keep records of workplace injuries

Accepted Answer

Employers are required to keep records of workplace injuries if they result in loss of consciousness, among other criteria such as requiring medical treatment beyond first aid or resulting in days away from work.

Question 7

COBRA gives qualified participants and beneficiaries the right to continue to receive health insurance benefits at the employer's expense after a change in circumstances such as termination or divorce for up to 18 months.

Accepted Answer

COBRA allows qualified participants to continue their health insurance benefits, but at their own expense, not the employer's, for up to 18 months after certain qualifying events like termination or divorce.

Question 8

Before reviewing a high-risk workplace for compliance with OSHA, a safety inspector must give the employer advance notice of not less than

Accepted Answer

OSHA does not require advance notice for safety inspections. OSHA can conduct unannounced inspections at any time.

Question 9

When OSHA issues citations or penalties for workplace safety violations, employers can challenge the citation or penalty directly in Federal District Court.

Accepted Answer

Employers must first contest OSHA citations or penalties through the Occupational Safety and Health Review Commission (OSHRC) before any federal court involvement.

Question 10

Prior to the enactment of the Occupational Safety and Health Act, employers could avoid liability for workplace accidents by alleging the contributory negligence defense.

Accepted Answer

Prior to the enactment of the Occupational Safety and Health Act, employers could avoid liability for workplace accidents by alleging the contributory negligence defense.

Question 11

Andrea is a 1^st grade teacher. She is new to the job and usually works until 5:30 p.m. every evening to prepare her lesson plans for the following day. Andrea is not paid overtime pay and her employer has violated the FLSA.

Accepted Answer

The Fair Labor Standards Act (FLSA) does not require overtime pay for teachers, as they are typically considered exempt employees under the act.

Question 12

The "greater hazard" defense is allowed by OSHA if the employer can show
I. A variance from the secretary of labor is unavailable.
II. Alternative means of protection are unavailable.
III. The employees refuse adhere to OSHA's restrictions.
IV. The hazards of compliance with the standard are greater than the hazards of noncompliance.

Accepted Answer

The "greater hazard" defense is allowed by OSHA if the hazards of compliance with the standard are greater than the hazards of noncompliance. The defense does not require a variance from the secretary of labor, nor does it apply if alternative means of protection are unavailable. Employers cannot use the defense if employees refuse to adhere to OSHA's restrictions. Therefore, options I, II, and III are incorrect.

Question 13

Pension plan assets may not be invested in the employer's own stock, as this creates a conflict of interest.

Accepted Answer

Pension plan assets can be invested in the employer's own stock, but there are regulations and limits to prevent excessive risk and conflicts of interest.

Question 14

NIOSH is the agency responsible for researching workplace safety and making recommendations to the Secretary of Labor.

Accepted Answer

NIOSH stands for National Institute for Occupational Safety and Health, which is indeed the agency responsible for conducting research, making recommendations, and providing education and training on workplace safety and health. It is a part of the Centers for Disease Control and Prevention (CDC) and works closely with OSHA (Occupational Safety and Health Administration) to ensure safe and healthy working conditions for all workers in the United States.

Question 15

The OSHA requirement that employers provide safety training to all new employees and to all employees who have been transferred into new positions:

Accepted Answer

The answer of The OSHA requirement that employers provide safety...

Question 16

The FLSA preempts any state child labor laws that are stricter than the Federal Law.

Accepted Answer

The FLSA sets the minimum standards for child labor, but states are free to establish their own laws that provide greater protection to children. States cannot, however, establish laws that provide less protection than the FLSA.

Question 17

The FLSA, which is administered by the EEOC, has the authority to investigate, gather information, issue regulations, and enforce provisions of the FSLA.

Accepted Answer

The FLSA is administered by the Department of Labor, not the EEOC.

Question 18

Under HIPAA, an employer may not request medical documentation to confirm illness pursuant to an employee's request for FMLA leave.

Accepted Answer

Under HIPAA, employers can request medical documentation for FMLA leave as it is not considered a HIPAA violation when the information is needed for employment purposes and is provided by the employee or with their consent.

Question 19

Zola is a dancer at the Silver Fox gentleman's club. According to the ruling in Reich v. Circle C. Investments, Inc., she is an independent contractor and her employer is exempt from the FLSA.

Accepted Answer

The ruling in Reich v. Circle C. Investments, Inc. determined that dancers at the club were employees, not independent contractors, and thus entitled to protections under the Fair Labor Standards Act (FLSA).

Question 20

Herb refuses to perform dangerous work for his employer and the employer placed a written reprimand in Herb's personnel file. The employer has violated OSHA.

Accepted Answer

Under OSHA, employees have the right to refuse to perform work that they believe is dangerous, and employers cannot retaliate against them for exercising this right.

Quiz 16: Selected Employment Benefits and Protections

Employers with defined benefit plans are required to purchase insurance from the Pension Benefit Guarantee Corporation to cover potential losses of benefits on termination of a plan.

Anthony has gotten a job delivering newspapers. He is 13 years old. The City News has not violated the child labor laws.

The only legal way in which an employer can avoid having to pay an employee at one and one-half the employee's normal hourly rate for hours worked in excess of 40 hours per week is by having the employee sign a contract agreeing to waive the overtime rate.

An employer can be liable for criminal penalties, under OSHA, if it commits a willful violation that results in the death of an employee.

Beatrice sues her employer for a negligently incurred injury. The employer attempts to show that it was the act of one of Beatrice's coworkers that caused Beatrice's injuries. The employer is asserting:

Employers must keep records of workplace injuries

COBRA gives qualified participants and beneficiaries the right to continue to receive health insurance benefits at the employer's expense after a change in circumstances such as termination or divorce for up to 18 months.

Before reviewing a high-risk workplace for compliance with OSHA, a safety inspector must give the employer advance notice of not less than

When OSHA issues citations or penalties for workplace safety violations, employers can challenge the citation or penalty directly in Federal District Court.

Prior to the enactment of the Occupational Safety and Health Act, employers could avoid liability for workplace accidents by alleging the contributory negligence defense.

Andrea is a 1st grade teacher. She is new to the job and usually works until 5:30 p.m. every evening to prepare her lesson plans for the following day. Andrea is not paid overtime pay and her employer has violated the FLSA.

Pension plan assets may not be invested in the employer's own stock, as this creates a conflict of interest.

NIOSH is the agency responsible for researching workplace safety and making recommendations to the Secretary of Labor.

The OSHA requirement that employers provide safety training to all new employees and to all employees who have been transferred into new positions:

The FLSA preempts any state child labor laws that are stricter than the Federal Law.

The FLSA, which is administered by the EEOC, has the authority to investigate, gather information, issue regulations, and enforce provisions of the FSLA.

Under HIPAA, an employer may not request medical documentation to confirm illness pursuant to an employee's request for FMLA leave.

Zola is a dancer at the Silver Fox gentleman's club. According to the ruling in Reich v. Circle C. Investments, Inc., she is an independent contractor and her employer is exempt from the FLSA.

Herb refuses to perform dangerous work for his employer and the employer placed a written reprimand in Herb's personnel file. The employer has violated OSHA.

Andrea is a 1^st grade teacher. She is new to the job and usually works until 5:30 p.m. every evening to prepare her lesson plans for the following day. Andrea is not paid overtime pay and her employer has violated the FLSA.