Deck 40: Employment Regulation and Labor Law

Question 1

The Fair Labor Standards Act (FLSA) is a major piece of federal legislation enacted in 1938 that regulates several important employment matters.

Answer 1

True

Question 2

The Industrial Revolution is described as the time period during the 19th and 20th centuries that saw minimal advances in science and technology.

Answer 2

True

Question 3

If employers establish either a pension fund or a retirement savings plan, the employer is subject to the requirements of a federal statute called the Employee Retirement Income Security Act (ERISA) of 1974.

Answer 3

True

Question 4

The Health Insurance Portability and Accountability Act (HIPAA) sets administrative rules and standards that mandate employers provide continuous coverage to any employee who has been terminated, even if the worker was terminated for cause.

Question 5

The most important aspect of the workers' compensation system is that the employee generally is paid regardless of any issues related to fault or negligence of the employee, the employer, or any third party; however, certain defenses to a workers' compensation claim may be asserted by the employer.

Question 6

To trigger protection under workers' compensation laws, the injury must meet two main criteria: (1) The injury was not accidental and (2) the injury occurred within the course of employment.

Question 7

In response to pressures on the workforce to care for a family member, in 1993 Congress passed the Family and Medical Leave Act (FMLA).

Question 8

The FMLA is administered by the Department of Labor and applies to employers that have 50 or more employees within 100 miles.

Question 9

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

Question 10

While the right of an employer to monitor e-mail and Internet usage of workplace computers for business reasons is very expansive, employees are afforded certain protections for telephone calls and voicemail by the Electronic Communications Privacy Act (ECPA).

Question 11

The National Labor Relations Board (NLRB) of 1935 is the centerpiece of labor-management regulation statutes.

Question 12

If an employer has not already recognized a union, and a group of employees decides that it wants to form a collective bargaining unit to deal with labor-management matters such as negotiating a contract, the NRA sets out a procedure for forming a union.

Question 13

A group of employees may organize an effort to have other workers sign certification cards indicating that they wish to form a local union or join an existing union.

Question 14

At least 60 percent of the authorization cards must be signed by employees in a certain bargaining unit.

Question 15

To obtain a business license, one typically must apply in the office of business regulation of any state in which the work will be performed.

Question 16

The FLSA cannot be properly understood without reference to two major historical events that occurred during the earlier parts of the twentieth century:

A) Code Depression and Industrial Revolution
B) Partisan Revolution and the Great Depression
C) Industrial Revolution and the Great Depression
D) Rule-based Revolution and the Great Depression

Question 17

The Industrial Revolution is described as the time period during the __________ centuries that saw great advances in science and technology.

A) 17th and 18th
B) 18th and 19th
C) 19th and 20th
D) 20th and 21th

Question 18

One of the most important aspects of New Deal legislation was the enactment of various employment laws, one of which was the __________.

A) Fair Labor Standards Act
B) Prudent Labor Standards Act
C) Fair Labor Statutory Act
D) Labor Standards Act

Question 19

The FLSA applies to all employees of enterprises that employ workers engaged in:

A) interstate commerce
B) produce goods for interstate commerce
C) handle, sell, or otherwise work on goods or materials in interstate commerce
D) All of the choices are correct.

Question 20

Congress provided clarification by amending the FLSA with the Portal-to-Portal Act to provide guidelines regarding what constitutes __________ work.

A) progressive
B) depressive
C) compensable
D) interchangeable

Question 21

The FLSA outlaws the once-common practice of sending school-age children to work instead of to school by imposing restrictions on hiring workers under __________ years of age.

A) 15
B) 16
C) 17
D) 18

Question 22

If an employer does offer retirement benefits, they are typically offered in the form of a __________ or through a tax-deferred retirement savings account such as a 401(k) plan.

A) equity
B) accrual
C) pension
D) None of the choices are correct.

Question 23

The Social Security Act (SSA) of 1935 provides workers a broad set of benefits that are funded by __________ employment taxes paid by both employer and employee into a trust fund administered by the federal government.

A) mandatory
B) permissive
C) independently regulated
D) voluntary

Question 24

What laws compensate employees with job-related injuries or illnesses which are paid based on a percentage of the employee's salary at the time of the occurrence?

A) Tort
B) Unemployment
C) Workers' compensation
D) Financial welfare

Question 25

An injured worker is not entitled to workers' compensation if the injury was intentionally self-inflicted or resulted from certain behavior except:

A) a knowing violation of safety rules by the employee
B) the employee's willful misconduct or horseplay not condoned by the employer
C) the employee's intoxication or illegal drug use
D) the employee's track record of attendance

Question 26

The FMLA is administered by the Department of Labor and applies to employers that have 50 or more employees within __________ miles.

A) 25
B) 50
C) 75
D) 100

Question 27

To be eligible for FMLA benefits, an employee must have worked for the company for at least 12 months and have worked __________ hours during the past 12 months.

A) 1000
B) 1250
C) 1500
D) 1750

Question 28

The FMLA affords employees certain protections related to __________.

A) a lessor paid position
B) future employment advances
C) job security
D) None of the choices are correct.

Question 29

Who would most likely not be a key employee?

A) CFO
B) security guard
C) CEO
D) in-house counsel

Question 30

An employee's right to privacy in the workplace is very __________.

A) strictly construed
B) liberal
C) limited
D) broad

Question 31

All computer use ordinarily is subject to employer monitoring, including the employer has the right to do all of the following except:

A) track websites visited by employees
B) Block employees from visiting specific Internet sites.
C) Count keystrokes and mouse clicks.
D) never limit the amount of time an employee may spend at a specific website.

Question 32

At large companies, part of the management team may include __________ assigned to coordinate monitoring and ensure that employees are following all company e-mail and Internet policies.

A) officers of the court
B) officers of the law
C) compliance officers
D) police officers

Question 33

A proposed federal bill forbidding employers from requesting user names and passwords, called the Password Protection Act, was introduced in 2015, it then __________.

A) went on to protect personal matters
B) was re-introduced in 2018
C) died in committee.
D) None of the choices are correct.

Question 34

What could companies require employees to sign in regards to specific guidelines and policies for e-mail and Internet use?

A) employment contract
B) confidentiality agreement
C) usage agreement
D) All of the choices are correct.

Question 35

The __________ updated existing wiretap laws and restricts an employer from monitoring an employee's personal calls without the employee's consent.

A) Electronic Communications Privacy Act
B) Electric Communications Privacy Act
C) Electronic Communications Privity Act
D) Electronic Communications Priority Act

Question 36

In Leonel v. American Airlines, 400 F.3d 702 (9th Cir. 2005), the court:

A) reversed the trial court
B) ruled in favor of Leonel
C) also ruled in favor of other two applicants
D) All of the choices are correct.

Question 37

After a legally sound election is held, __________ of pro-union votes is required for the NLRB to certify the collective bargaining unit as a union.

A) 1/2
B) 2/3
C) a simple majority
D) 3/4

Question 38

__________ have the right to engage in picketing at the employer's facilities, although there is no right to picket at the actual property site owned by the company.

A) Agents
B) Fullbacks
C) Strikers
D) None of the choices are correct.

Question 39

State licensing statutes and regulations compel workers to __________ in order to legally work in a licensed profession.:

A) complete a training program
B) pass an exam
C) pay a fee
D) All of the choices are correct.

Question 40

To obtain a license, one typically must apply in the office of __________ of any state in which the work will be performed.

A) professional conduct
B) business regulation
C) tax collectors
D) home office

Question 41

What profession(s) is/are subject to various state licensing regulations?

A) Electricians
B) Massage Therapists
C) Doctors of Oriental Medicine
D) All of the choices are correct.