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

Question 1

Accidents that occur at a company cafeteria or while on a business lunch for an employer are covered by workers' compensation.

Answer 1

True

Question 2

In 1950,the United States Congress enacted the Occupational Safety and Health Act to promote safety in the workplace.

Answer 2

False

Question 3

Accidents that occur while the employee is at an off-premises restaurant during his or her personal lunch hour are not covered by workers' compensation.

Answer 3

True

Question 4

The test determining if an employee can recover under workers' compensation is whether the injury resulted from the negligence of the employer.

Question 5

Amounts recoverable in workers' compensation benefits do not vary from state to state.

Question 6

The employee can sue the employer in a regular civil lawsuit,instead of pursuing a workers' compensation claim,if the employer intentionally caused the injury.

Question 7

Prior to the Industrial Revolution,employees and employers had somewhat equal bargaining power.

Question 8

The Federal Workers' Compensation law preempts state law whenever they conflict.

Question 9

Workers can sue their employers in court to recover damages for employment-related injuries if the employer does not carry workers' compensation insurance or does not self-insure if permitted to do so.

Question 10

Workers' compensation benefits are paid according to judicial discretion and/or jury verdicts.

Question 11

Once the United States became industrialized in the late 1800s,large corporate employers had much more bargaining power than their employees.

Question 12

For an injury to be compensable under workers' compensation,the claimant must prove that the injury arose out of and in the course of his or her employment.

Question 13

States usually require employers to self-insure to cover workers' compensation claims.

Question 14

Many large companies self-insure to cover workers' compensation claims.

Question 15

Workers' compensation benefits are paid according to preset limits established by statute or regulation.

Question 16

Virtually all private employers are within the scope of the Occupational Safety and Health Act.

Question 17

Workers' compensation is a non-exclusive remedy.

Question 18

Workers' compensation acts do not bar injured workers from suing responsible third parties to recover damages.

Question 19

Work-related stress is covered under workers' compensation laws.

Question 20

Before the Industrial Revolution,the doctrine of laissez-faire governed the employment relationship in the United States.

Question 21

Many of the OSHA standards are conditional duty standards.

Question 22

The United States Department of Labor is empowered to enforce the Fair Labor Standards Act.

Question 23

The Occupational Safety and Health Act imposes record-keeping and reporting requirements on employers and requires them to post notices in the workplace,informing employees of their rights under the act.

Question 24

The Occupational Safety and Health Administration has adopted thousands of rules to enforce the safety standards established in the act to which companies must adhere.

Question 25

A violator of Occupational Safety and Health Act rules is subject to civil,but not criminal penalties.

Question 26

OSHA is empowered to inspect places of employment for health hazards and safety violations.

Question 27

OSHA conditional duty standards apply to specific equipment,procedures,type of work,individual industry,and unique work conditions.

Question 28

The Fair Labor Standards Act is "pro-employer," since it allows employers to establish reasonable productivity standards,or "benchmarks," for employees.

Question 29

Managerial,administrative,and professional employees are covered by the Fair Labor Standard Act's wage and hour provisions.

Question 30

The Fair Labor Standards Act applies to private employers and employees engaged in the production of goods for intrastate commerce.

Question 31

Under the Fair Labor Standards Act,children under the age of 14 cannot work except as newspaper deliverers.

Question 32

Under the Fair Labor Standards Act,children ages 16 and 17 may work unlimited hours in non-hazardous jobs.

Question 33

Under the Occupational Safety and Health Act,employers have a general duty to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

Question 34

Federal,state,and local governments are exempt from the scope of the Occupational Safety and Health Act.

Question 35

Under the Fair Labor Standards Act,children ages 14 and 15 may work limited hours in non-hazardous jobs approved by the United States Department of Labor.

Question 36

The Occupational Safety and Health Act requires that the employer provide a workplace free from all danger or hazards.

Question 37

Examples of OSHA specific duty standards include safety guards on saws,maximum exposure levels for hazardous chemicals,and regulations concerning the location of machinery in the workplace.

Question 38

The United States enacted the Fair Labor Standards Act in 1968.

Question 39

Under the Fair Labor Standards Act,persons age 18 and older may only work a set number of hours at a hazardous job.

Question 40

Private civil actions are permitted under the Fair Labor Standards Act.

Question 41

The Family and Medical Leave Act applies to employees the moment they begin employment.

Question 42

The United States Department of Labor permits employers to pay less than the minimum wage to students and apprentices.

Question 43

An employee that takes leave under the Family and Medical Leave Act must be given his or her exact same position back when they return from leave.

Question 44

To be covered by the Family and Medical Leave Act (FMLA),an employee must have worked for the employer for at least 1 year and have performed more than 1,250 hours of service during the previous 12-month period.

Question 45

Under the Family and Medical Leave Act,covered employers are required to provide up to ten weeks of leave for the care of a spouse,child,or parent with a serious health problem.

Question 46

The Fair Labor Standards Act requires that most employees in the United States be paid at least the federal minimum wage for all hours worked.

Question 47

Under the Family and Medical Leave Act,any leave required to be provided by employers is unpaid.

Question 48

Under the Fair Labor Standards Act,an employer cannot require non-exempt employees to work more than 40 hours per week unless they are paid overtime pay of one-and-a-half times their regular pay for each hour worked in excess of 40 hours that week.

Question 49

A serious health condition that makes an employee unable to perform his or her duties is a situation covered by the Family and Medical Leave Act.

Question 50

Under the Fair Labor Standards Act,an employer may reduce the minimum wage by an amount equal to the reasonable cost of food and lodging provided to employees.

Question 51

The birth of and care for a child is a situation covered by the Family and Medical Leave Act.

Question 52

Care for a spouse,child,or parent with a serious health problem is not a situation covered by the Family and Medical Leave Act.

Question 53

Under the Fair Labor Standards Act,if an employee works 50 hours one week and 30 hours the next week,the employer owes no overtime pay,since the employee averaged 40 hours per week during the two-week period.

Question 54

Twelve (12)states have enacted minimum wage laws that set minimum wages at a rate higher than the federal rate.

Question 55

State minimum wage amounts must be set at the same rate as the federal minimum wage rate.

Question 56

Dru is a secretary working full-time at an hourly rate from 8:00 a.m.to 4:30 p.m.,with a one-hour unpaid lunch.On Monday,her boss asks her to stay late and complete a report,which takes her two hours.Pursuant to the Fair Labor Standards Act,regardless of her schedule for the remainder of the week,Dru is entitled to be paid overtime for those two hours.

Question 57

Under the Fair Labor Standards Act,for purposes of overtime,each week is treated separately,even within the same pay period.

Question 58

The federal minimum wage is set by the United States Department of Labor and can be changed.

Question 59

The Fair Labor Standards Act applies to private,but not public,employers.

Question 60

The placement of a child with an employee for adoption or foster care is not a situation covered by the Family and Medical Leave Act.

Question 61

The Labor-Management Reporting and Disclosure Act regulates internal union affairs,and establishes the rights of union members.

Question 62

The Consolidated Omnibus Budget Reconciliation Act of 1985 provides that the employer must cover the cost for an employee of a private employer to continue his or her group health insurance after the voluntary termination of employment.

Question 63

The Congress of Industrial Organizations was the first labor union to be formed in the United States.

Question 64

The National Strike Board prevents employers and unions from engaging in illegal and unfair labor practices.

Question 65

Under the Family and Medical Leave Act,leave because of the birth of a child or the placement of a child for adoption or foster care can be taken intermittently,even if the employers does not agree to such an arrangement.

Question 66

The Labor-Management Relations Act allows the president of the United States to seek an injunction against a strike that would create a national emergency.

Question 67

The Employee Retirement Income Security Act mandates which employers must provide pension plans for its employees.

Question 68

An employer may not restrict union solicitation activities during the employees' free time.

Question 69

"Vesting" occurs when an employee has a non-forfeitable right to receive pension benefits.

Question 70

Today,approximately forty percent of private-sector wage and salary workers belong to labor unions.

Question 71

A bargaining unit must consist entirely of employees from a single company.

Question 72

A union is permitted to discipline its members for walking off the job in a non-sanctioned strike.

Question 73

The Taft-Hartley Act gives employers the right to engage in free-speech efforts against unions prior to a union election.

Question 74

The Norris-LaGuardia Act was enacted in 1932 to prohibit certain types of essential workers from being able to organize.

Question 75

Government employees may not join labor unions.

Question 76

The National Labor Relations Act created the National Labor Relations Board.

Question 77

ERISA provides for immediate vesting of each employee's own contributions to a pension plan.

Question 78

If both management and labor approve,managers can belong to the same union as the employees that they manage.

Question 79

The National Labor Relations Board oversees union elections.

Question 80

ERISA requires employers' contributions to be either totally vested after 5 years,or gradually vested over a 7-year period and completely vested after that time.