Deck 31: Employment, worker Protection, and Immigration Law

Question 1

Which of the following is true of workers' compensation?

A)Families of workers cannot claim workers' compensation despite the death of the worker.
B)Workers' compensation is only awarded for injuries resulting from the job.
C)The claim for workers' compensation must be filed with the employer.
D)Workers' compensation is a fixed amount throughout the country.

Answer 1

B

Question 2

"Workers' compensation is an exclusive remedy." Elaborate on this statement with the help of an example.

Answer 2

Workers' compensation is an exclusive remedy.Thus,workers cannot both receive workers' compensation and sue their employers in court for damages.Workers' compensation laws make a trade-off: An injured worker qualifies for workers' compensation benefits and does not have to spend time and money to sue his employer,with a possible risk of not winning.The employer has to pay for workers' compensation insurance but does not have to incur the expense and risk of a lawsuit.
Example: A professor is covered by her university's workers' compensation insurance.
While teaching her class,the professor is injured when she trips over a power cord that was lying on the floor in the classroom.In this case,the professor's sole remedy is to recover workers' compensation.The worker cannot sue the university to recover damages.

Question 3

Which of the following has to be proved by a claimant pursuing compensation for an injury under workers' compensation?

A)The claimant was harmed intentionally by the employer.
B)The claimant was harmed when he or she was employed by the employer.
C)The claimant was harmed by an employment-related injury.
D)The claimant was harmed unintentionally by the employer.

Answer 3

C

Question 4

A worker who receives workers' compensation ________.

A)must sign a document stating that his employer was not responsible for his injury
B)cannot work for his employer again
C)cannot sue his employer for the same injury
D)can sue his employer for punitive damages

Question 5

Workers' compensation insurance does not cover stress and mental illness that are employment related.

Question 6

If an employee is injured in an automobile accident while she is driving to an off-premises restaurant during her personal lunch hour,the injury is ________.

A)covered by workers' compensation insurance
B)not covered by workers' compensation
C)covered by workers' compensation
D)not covered by employee's medical insurance

Question 7

Which of the following was a disadvantage of suing employers for negligence under common law?

A)Employees never won such cases.
B)It was a time-consuming process that strained the employment relationship.
C)Employees always won such cases as the common law was biased against employers.
D)Heirs of deceased workers could not sue the employers.

Question 8

Workers' compensation acts bar injured workers from suing responsible third parties to recover damages.

Question 9

Workers' compensation is a(n)________ remedy as between the employee and the employer.

A)exclusive
B)cumulative
C)provisional
D)equitable

Question 10

The ________ is a federal law enacted in 1970 to promote safety in the workplace.

A)Occupational Safety and Health Act
B)Fair Labor Standards Act
C)Family and Medical Leave Act
D)Employee Retirement Income Security Act

Question 11

Under common law,employees who were injured on the job could not sue their employers for negligence.

Question 12

________ is an insurance that employers obtain and purchase from private insurance companies or from government-sponsored programs.

A)Employee insurance
B)Relief fund insurance
C)Provident fund insurance
D)Workers' compensation insurance

Question 13

Employees are required to purchase workers' compensation insurance from private insurance companies or state funds.

Question 14

What is the employer's advantage in offering workers' compensation?

A)The employer need not pay for workers' compensation insurance.
B)The employer is exempt from having to offer paid medical leave.
C)The employer can avoid a lawsuit by an injured worker.
D)The employer can offer lower basic pay to workers.

Question 15

In which of these situations can an employee sue an employer to recover employment-related injuries?

A)The employer is self-insured.
B)The employer unintentionally injures a worker covered under workers' compensation.
C)The employee suffers an injury at work premises that is not related to work.
D)The employer intentionally injures a worker covered under workers' compensation.

Question 16

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

Question 17

Workers cannot both receive workers' compensation and sue their employers in court for damages.

Question 18

Jorge,a forklift operator for the retail chain Hansridges,was injured when the fork-lift he was operating toppled over.The forklift was manufactured and maintained by Ionic Machines Inc.As he was covered by workers' compensation insurance,he could recover workers' compensation benefits.However,it was later found that the forklift was not designed to be used to lift as much weight as Ionic Machines claimed it could.Which of the following is Jorge entitled to?

A)sue Hansridges for injuries suffered during employment
B)sue Hansridges for a hazardous work environment
C)sue Ionic Machines for damages
D)not sue anyone as he has already received workers' compensation

Question 19

For an injury to be compensable under workers' compensation,the claimant must prove that he or she was harmed by an employment-related injury.

Question 20

If an employer intentionally injures a worker,the worker cannot collect workers' compensation benefits.

Question 21

Only governmental bodies,and not private employers,come under the purview of the Fair Labor Standards Act.

Question 22

Overtime pay is paid for each hour worked in excess of ________ hours that work week.

A)35
B)40
C)45
D)50

Question 23

Which of the following is true of the child labor regulations adopted by the U.S.Department of Labor?

A)Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs.
B)Children between the ages of 16 and 17 may work limited hours in hazardous jobs.
C)Children in middle school may work limited hours in nonhazardous jobs.
D)Children employed in agriculture have no time or work restriction.

Question 24

Jerry is employed by U.S.-based Iconic Systems.His work hours per workweek for the month of January were 40 hours the first week,30 hours the second week,50 hours the third week,and 45 hours the fourth week.According to the Fair Labor Standards Act,how many hours of overtime pay is Jerry entitled to at the end of January?

A)5
B)10
C)15
D)40

Question 25

The ________ forbids the use of oppressive child labor and makes it unlawful to ship goods produced by such labor.

A)Occupational Safety and Health Act
B)Fair Labor Standards Act
C)Family and Medical Leave Act
D)Employee Retirement Income Security Act

Question 26

The Occupational Safety and Health Act serves only as a model act and employers who violate its rules are not liable for penalties.

Question 27

The Fair Labor Standards Act applies to ________.

A)employees in government organizations
B)employees earning less than minimum wages
C)employees engaged in the production of goods for interstate commerce
D)self-employed US citizens
E)A, B, and C

Question 28

Which of the following is true of minimum wages in the United States of America?

A)States can enact laws that set minimum wages higher than the federal minimum wage.
B)Cities are not allowed to have minimum wages different from what is set by the state or federal government.
C)Living wage laws set lower minimum wages than the federal level.
D)An employee who earns in tips must be paid minimum wage by the employer.

Question 29

Who among the following are exempt from child labor restrictions in the United States?

A)children who work as newspaper deliverers
B)children who work at restaurants or fast-food stalls
C)children employed in the performing arts
D)children employed in gasoline stations

Question 30

Which of the following is true of the federal minimum wage?

A)An employer may not reduce minimum wage although he or she provides other benefits like food to the employees.
B)Exempt employees are not subject to minimum wage requirements.
C)Apprentices cannot be paid less than minimum wages.
D)Employees who earn tips, such as waiters and valets, are not entitled to minimum wage.

Question 31

Which of the following acts establishes minimum wage and overtime pay requirements for workers in the United States of America?

A)Occupational Safety and Health Act
B)Fair Labor Standards Act
C)Family and Medical Leave Act
D)Consolidated Omnibus Budget Reconciliation Act of 1985

Question 32

The OSHA guidelines that set safety rules for specific equipment,procedures,types of work,unique work conditions,and the like are known as ________.

A)standard of wellness
B)specific duty standards
C)code of direction
D)general standard of work

Question 33

Which of the following is true of the Occupational Safety and Health Administration's (OSHA's)general duty standard?

A)The standard needs to be established with each safety regulation.
B)It requires an employer to provide a working environment that does not result in mental stress of the employee.
C)An employer is obliged to provide a work environment that is free from recognized hazards.
D)OSHA has no say in safety violations of an employer as it is just a model act.

Question 34

The ________ is an OSHA standard that requires an employer to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

A)general duty standard
B)specific duty standard
C)code of wellness
D)provision of nonhazardous work environment

Question 35

The general duty standard of the Occupational Safety and Health Act requires an employer to provide a work environment that does not result in its employees' mental stress.

Question 36

According to the U.S.Department of Labor,children under the age of 14 can only be employed as ________.

A)stocking staff at stores
B)newspaper deliverers
C)waiters
D)store assistants

Question 37

Which of the following statements is true of exemptions to minimum wage and overtime pay requirements?

A)Apprentices must be paid minimum wage.
B)Learned professionals generally need not be paid minimum wage.
C)Workers involved in hazardous activities need not be paid minimum wage.
D)Employees in law enforcement and medical sectors need not be paid minimum wage.

Question 38

Who among the following is exempt from federal minimum wage requirement?

A)Kelly, an inside sales rep at a pharmacy
B)John, a waiter by day and a guitar teacher by night
C)Tsun, a software applications developer
D)Orlando, a telemarketer

Question 39

Overtime pay is generally ________ times that of the regular pay of an employee.

A)two
B)three
C)two and a half
D)one and a half

Question 40

The Occupational Safety and Health Administration (OSH

A)is a federal administrative agency within the Department of Labor that is empowered to enforce the Occupational Safety and Health Act.

Question 41

Senior professors and physicists in research laboratories are automatically entitled to federal overtime pay.

Question 42

Overtime pay must always be set at twice the regular pay of an employee.

Question 43

Child actors and performers are exempt from the child labor restrictions of the Fair Labor Standards Act.

Question 44

Describe the measures taken by the U.S.Department of Labor against oppressive child labor.

Question 45

To be covered by the Family and Medical Leave Act,an employee must ________.

A)have worked for the employer for at least six months
B)have performed more than 1,250 hours of service during the previous 12-month period
C)not have claimed maternity leave in the past
D)be suffering from a serious injury or ailment

Question 46

The Fair Labor Standards Act makes it unlawful to ship goods produced by businesses that use oppressive child labor.

Question 47

Executives who are compensated on a salary basis and engage in management duties are generally exempted from overtime pay.

Question 48

Minimum wage laws cannot be enacted by individual cities in the United States.

Question 49

The ________ guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

A)Fair Labor Standards Act
B)Occupational Safety and Health Act
C)Family and Medical Leave Act
D)Employee Retirement Income Security Act

Question 50

States are allowed to enact minimum wage laws that set minimum wages higher than the federal level.

Question 51

How is Social Security awarded in the U.S.?

Question 52

Administrators who do not do manual work are exempted from the federal minimum wage requirements.

Question 53

According to the Fair Labor Standards Act,children under the age of 14 are forbidden from working,including as newspaper deliverers.

Question 54

Helga works as a nurse in a government-run hospital.She has to work 40 hours a week,from 10 pm to 6 am every day.Which of the following is true of this scenario?

A)Helga is not entitled to receive overtime pay as medical staff does not qualify for it.
B)Helga can receive minimum wages and overtime pay only if she works more than 60 hours a workweek, as she is a government employee.
C)Helga cannot receive overtime pay as government employees are exempt from it.
D)Helga can receive overtime pay if she works more than 40 hours a workweek.

Question 55

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

Question 56

Overtime pay is given to nonexempt employees who work more than 40 hours in a work week.

Question 57

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

Question 58

Outline the minimum wage requirement established by the Fair Labor Standards Act.How are wages calculated for a tipped employee?

Question 59

Software developers and other computer professionals generally cannot claim overtime pay under federal law.

Question 60

An employee who earns tips must be paid minimum wage,excluding the income from tips.

Question 61

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

Question 62

Under the Federal Unemployment Tax Act,employers are exempted from paying unemployment taxes.

Question 63

The ________ is a federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended.

A)Fair Labor Standards Act
B)Family and Medical Leave Act
C)Employee Retirement Income Security Act
D)Consolidated Omnibus Budget Reconciliation Act of 1985

Question 64

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

A)Vesting
B)Easement
C)Anti-lapse
D)Reconciliation

Question 65

A(n)________ visa allows U.S.employers to employ in the United States foreign nationals who are skilled in specialty occupations.

A)H1
B)H4
C)H-1C
D)H-1B

Question 66

The ________ is a federal act designed to prevent fraud and other abuses associated with private pension funds.

A)Employee Retirement Income Security Act
B)Consolidated Omnibus Budget Reconciliation Act
C)Fair Labor Standards Act
D)Family and Medical Leave Act

Question 67

The Fair Labor Standards Act guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

Question 68

What is an EB-1 visa? Who qualifies for it?

Question 69

An H4 visa holder is eligible to work in the United States for minimum wages or higher.

Question 70

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBR

A)is designed to prevent fraud and other abuses associated with private pension funds.

Question 71

Which of the following is true of U.S.immigration law?

A)An H1-B visa is granted only to foreign nationals skilled in specialty occupations.
B)Individual applicants, and not employers, apply for H1-B visas.
C)H1-B visa holders cannot bring their family as dependents to the U.S.
D)H4 visa holders are allowed to work for minimum wages or more in the U.S.

Question 72

Which of the following is true of Social Security?

A)Social Security operates like a savings account.
B)Contribution to the Social Security fund is entirely made by employers.
C)Employers remit Social Security payments to the Internal Revenue Service.
D)Self-employed individuals are exempt from Social Security payments.

Question 73

The immigration laws of the United States are administered by the U.S.Citizenship and Immigration Services.

Question 74

Under the ________ and state laws enacted to implement the unemployment compensation program,employers are required to pay unemployment contributions.

A)Fair Labor Standards Act
B)Family and Medical Leave Act
C)Federal Unemployment Tax Act
D)Federal Insurance Contributions Act

Question 75

The immigration laws of the United States are administered by the ________.

A)Social Security Administration
B)U.S. Citizenship and Immigration Services
C)Internal Revenue Service
D)Occupational Safety and Health Administration

Question 76

The EB-1 visa is a visa that allows U.S.employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment.

Question 77

Cliff Thomas,a cardiologist,emigrates from Great Britain to the U.S.Under which of the following visa categories can his wife live in the U.S.as Mr.Thomas' dependent?

A)H1
B)H4
C)H-1C
D)H-1B

Question 78

Workers who quit work without just cause can claim unemployment benefits.

Question 79

Which of the following benefits is a component of Social Security benefits?

A)workers' compensation
B)legal assistance
C)unemployment compensation
D)disability benefits

Question 80

H-1B visa holders are allowed to bring their immediate family to the United States under the H4 visa category.