Deck 20: Employment Law and Worker Protection

Question 1

An employee who is employed under a term contract is called a(n) ________.

A) at-will employee
B) term employee
C) agent
D) contractor

Answer 1

term employee

Question 2

An employer who terminates a term employee without cause during the stated period is liable for ________.

A) employment discrimination
B) tortious interference
C) punitive damages
D) wrongful discharge

Answer 2

wrongful discharge

Question 3

An employer may terminate a term employee during the stated term without being liable for damages if the employee was fired ________.

A) arbitrarily
B) for financial considerations
C) for cause
D) capriciously

Answer 3

for cause

Question 4

In the United States, most employees, including most managers, are ________.

A) term employees
B) at-will employees
C) union members
D) government employees

Question 5

In general, an at-will employee can be terminated ________ by their employer.

A) without cause and at any time
B) only with cause, but at any time
C) without cause, but only after a statutory probationary period
D) only with cause, and only after a statutory probationary period

Question 6

Under the labor union exception, federal and state labor laws, along with ________, restrict an employer's ability to discharge employees who are union members.

A) tradition
B) a collective bargaining agreement
C) community standards
D) political pressure

Question 7

Which of the following has been held to come under the public policy exception, that is, where an employee cannot be discharged because such discharge violates public policy?

A) discharging an employee for serving as a juror
B) discharging an employee for violating the law
C) discharging an employee for distributing defective products
D) discharging an employee for taking their birthday off

Question 8

Jorge, a forklift truck operator for the retail chain Hanes Ridge, was injured when the forklift he was operating toppled over. The forklift truck was designed and manufactured by Ionic Machines, Inc. Jorge received workers' compensation benefits for his injury. It was later determined that the forklift truck was not designed to be used to lift as much weight as Ionic Machines claimed it could. To which of the following legal rights is Jorge entitled?

A) sue Hanes Ridge in civil court for his work-related injuries
B) sue Hanes Ridge in federal court for violation of the Fair Labor Standards Act (FLSA)
C) sue Ionic Machines in civil court for damages
D) Jorge cannot sue either Hanes Ridge or Ionic Machines, since he has already received workers' compensation benefits.

Question 9

The ________ is a federal agency that is empowered to inspect places of employment for health hazards and safety violations.

A) Department of Health and Human Services (DHHS)
B) Occupational Safety and Health Administration (OSHA)
C) Mine Safety & Health Administration (MSHA)
D) Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD)

Question 10

OSHA standards establish safety requirements for safety guards on saws. This is an example of a ________ standard.

A) general duty
B) power tool safety
C) hazardous machinery safety
D) specific duty

Question 11

Helga works as a nurse in a private hospital. She is paid an hourly wage. Helga is typically required to work 40 hours per week, from 10 p.m. until 6 a.m. Monday through Friday. Due to the recent resignation of another nurse, Helga's supervisor has offered her the opportunity to work additional hours each week. Which of the following is true in terms of Helga's prospects for overtime pay?

A) Helga cannot receive overtime pay, since federal law conclusively presumes that health care workers are paid on a salaried basis.
B) Helga can receive overtime pay only if she works more than 60 hours per week, due to the federal overtime pay restrictions imposed on the health care sector.
C) Helga cannot receive overtime pay, as federal law prohibits overtime pay for health care workers.
D) Helga is entitled to overtime pay if she works the additional hours.

Question 12

Which of these situations is NOT covered by the Family and Medical Leave Act (FMLA)?

A) the birth of a child
B) the adoption of a child
C) care for a sibling with a serious health problem
D) an employee's serious health condition that makes the employee unable to perform his or her duties

Question 13

An eligible employee returning to work under the Family and Medical Leave Act (FMLA) ________.

A) may be given an inferior position with slightly lower pay and benefits
B) is entitled to the accrual of seniority during the leave period
C) may be denied restoration if they were an hourly employee
D) is not entitled to the accrual of seniority during the leave period

Question 14

Which of the following statements is true with regards to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

A) Employers need not notify covered employees their rights under COBRA.
B) To continue coverage, the former employer must continue to pay the required premium.
C) COBRA coverage is usually available for 36 months after employment has ended.
D) To continue coverage, the former employee must pay the required group rate premium.

Question 15

What is COBRA, and what does it do?

Question 16

Under ERISA, vesting occurs when an employee has a(n) ________ right to receive pension benefits.

A) mutable
B) reversible
C) irreconcilable
D) nonforfeitable

Question 17

Which of the following statements is true with regards to the Employee Retirement Income Security Act (ERISA)?

A) ERISA requires all employers to establish pension plans for their employees.
B) ERISA subjects employers with pension plans to record-keeping, disclosure, fiduciary duty, and other requirements.
C) ERISA was never designed to prevent fraud and other abuses associated with private pension funds.
D) Federal, state, and local government pension funds are covered by ERISA.

Question 18

Which of the following statements is NOT true with regards to the Employee Retirement Income Security Act (ERISA)?

A) ERISA is administered by the Department of Labor.
B) ERISA requires that pension plans be in writing.
C) ERISA requires that pension fund managers owe a fiduciary duty to act as a "prudent person" in managing the fund and investing its assets.
D) ERISA requires that at least 15 percent of a pension fund's assets be invested in the securities of the sponsoring employer.

Question 19

In 1935, Congress established a(n) ________ to assist workers who are temporarily unemployed.

A) Social Security program
B) supplemental nutrition program
C) national recovery program
D) unemployment compensation program

Question 20

Which of the following statements is true with regards to unemployment compensation programs?

A) Employers are required to pay unemployment contributions (taxes).
B) By law, the tax rate and unemployment wage level are not allowed to change.
C) Employees pay matching unemployment taxes.
D) The federal government administers unemployment compensation programs.

Question 21

Which of the following statements is NOT true with regards to unemployment compensation programs?

A) Each state establishes its own eligibility requirements and the amount and duration of the benefits.
B) To collect benefits, applicants must be unable to work.
C) To collect benefits, applicants must be available for work and seeking employment.
D) Workers who have been let go because of bad conduct are not eligible to receive unemployment benefits.

Question 22

What is the purpose of unemployment compensation? Are all employees eligible for unemployment compensation?

Question 23

The ________ system was established to provide limited retirement and death benefits to covered employees and their dependents.

A) Supplemental Nutrition
B) Social Security
C) Employee Retirement Income Security
D) Federal Unemployment Compensation

Question 24

Self-employed individuals are required to pay Social Security contributions under the ________ Act.

A) Federal Unemployment Tax
B) Federal Insurance Contributions
C) Self-Employment Contributions
D) Employee Retirement Income Security

Question 25

Under the Federal Insurance Contributions Act (FICA) payments into the Social Security fund are ________.

A) solely the responsibility of the employee
B) jointly the responsibility of the employee and the employer, who each transmit payments
C) only made by self-employed individuals
D) the responsibility of the employer, who deducts the employees' portions from their wages and remits those, along with the employer's matching payment, to the federal government