Question 1

Which of the following is true regarding compensation for hours worked under the Fair Labor Standards Act when an employee is asked to be on standby - that is,available to return to work while off duty?

Accepted Answer

Under the Fair Labor Standards Act, standby time is not considered hours worked if the employee is free to use the time for personal purposes and is not significantly restricted.

Question 2

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

Accepted Answer

The Dodd-Frank Wall Street Reform and Consumer Protection Act provides whistleblower protection for employees who provide information of illegality to the SEC.

Question 3

Assuming a jurisdiction permits noncompete agreements,which of the following is considered in determining whether restrictions are reasonable?

Accepted Answer

All three factors - duration of limitations, geographic limitations, and scope of activities prohibited - are generally considered in determining whether a noncompete agreement is reasonable. The duration of limitations refers to how long the employee is restricted from competing with the employer, while geographic limitations refer to the geographic area in which the employee is restricted from competing. The scope of activities prohibited refers to the specific types of activities or industries from which the employee is restricted.

Question 4

A ______ plan is a defined contribution pension plan funded with contributions by the participants or a combination of participant and employer contributions.

Accepted Answer

A 401(k) plan is a type of defined contribution pension plan funded with contributions by the participants or a combination of participant and employer contributions. In a 401(k) plan, the employee contributes a portion of their salary on a pre-tax basis, and in some cases, the employer may also match a portion of the contribution. The funds in the plan are invested and grow tax-deferred until the employee retires and begins taking distributions.

Question 5

Generally,employees who earn less than _________ per week are automatically considered eligible for minimum wage and overtime as required by the Fair Labor Standards Act.

Accepted Answer

According to the Fair Labor Standards Act, employees who earn less than $455 per week are considered eligible for minimum wage and overtime pay. Therefore, the correct answer is C. Choices A, B, and D have no basis in the law.

Question 6

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is

Accepted Answer

The agency responsible for enforcing the provisions of the Occupational Safety and Health Act (OSHA) is the Occupational Safety and Health Administration (OSHA). OSHA is part of the United States Department of Labor and is responsible for ensuring safe and healthy working conditions for employees by setting and enforcing standards and providing training, outreach, education, and assistance.

Question 7

Which of the following are generally not subject to the employment-at-will rule?

Accepted Answer

Employees who have express employment contracts for a fixed term are not subject to the employment-at-will rule. Public employees and union employees may also have some degree of protection from the employment-at-will rule, but it can vary depending on the specific laws and contracts in place. Therefore, option B is the best choice as it includes the group that is definitely not subject to the employment-at-will rule.

Question 8

The Fair Labor Standards Act requires that,with some exceptions,every employee be paid _________ for hours worked in excess of _________ hours in a workweek.

Accepted Answer

The Fair Labor Standards Act requires that employees be paid one and one-half times their regular rate of pay for hours worked in excess of 40 hours in a workweek, with some exceptions. Therefore, option A is the correct answer. Option B and D are incorrect because they state that the employee must be paid twice the regular rate of pay, which is not accurate. Option C is incorrect because it states that the employee must work in excess of 45 hours in a workweek, which is also not accurate.

Question 9

Which of the following are included within OSHA requirements regarding posting of information?

Accepted Answer

OSHA requires that notices of any potentially dangerous conditions be posted, and also that citations for penalties be posted. It is important for employees to be aware of potential hazards and for employers to have public accountability for any violations.

Question 10

What type of statutes protect employees who report illegal activities going on within their company?

Accepted Answer

Whistleblower statutes are laws that protect employees who report illegal activities or wrongdoing within their company. These statutes typically prohibit retaliation by employers against employees who report such activities and may provide for legal remedies for employees who are retaliated against.

Question 11

Which of the following is true regarding private employer monitoring of employee e-mail on company-owned equipment?

Accepted Answer

The answer of Which of the following is true regarding...

Question 12

What did the U.S.Supreme Court rule regarding the drug testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms?

Accepted Answer

The U.S. Supreme Court ruled in National Treasury Employees Union v. Von Raab (1989) that the drug testing of U.S. Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved. The Court stated that the government's interest in ensuring that its employees involved in drug interdiction or handling of firearms were drug-free outweighed the limited intrusion of the drug testing on the employees' privacy. The Court did not require the government to establish evidence of a drug problem among that group of customs employees before implementing drug testing.

Question 13

Which of the following purport to give an employer the right to recoup some or all of an employee's stock option gain if he or she goes to work for a competitor within a certain period of time following exercise of the option?

Accepted Answer

Clawback provisions typically allow an employer to recover some or all of an employee's stock option gain if he or she goes to work for a competitor within a certain period of time following exercise of the option.

Question 14

In states that apply the doctrine of ________,a defamatory statement by an employer to an employee may constitute publication where it is foreseeable that the employee would be required to repeat it.

Accepted Answer

The doctrine of self-publication applies when an employer makes a defamatory statement to an employee, and it is foreseeable that the employee will be compelled to repeat the statement, thus constituting publication.

Question 15

Which of the following is true regarding genetic testing by employers?

Accepted Answer

The Genetic Information Nondiscrimination Act (GINA) prohibits employers with 15 or more employees from discriminating based on genetic information.

Question 16

Which of the following is not typically true of a state workers' compensation statute?

Accepted Answer

State workers' compensation statutes are not based on the principle that the risks of injury in the workplace should be borne by the state. Rather, they are based on the principle that employers should bear the costs of workplace injuries and that employees are entitled to benefits regardless of who was at fault for the injury.

Question 17

Under federal law,it is illegal to employ anyone under the age of _______,except in specified agricultural occupations.

Accepted Answer

The answer of Under federal law,it is illegal to employ...

Question 18

The first minimum wage was set at

Accepted Answer

The first minimum wage was set at $1.00 per hour in 1938.

Question 19

Which of the following federal laws governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans?

Accepted Answer

The Employee Retirement Security Act (ERISA) governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans. The other options listed (A, C, D) pertain to different areas of employment law, but do not specifically address retirement or employee benefit plans.

Question 20

Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as _________ employees.

Accepted Answer

Nonexempt employees are those who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act. Exempt employees are exempt from these requirements and may be paid a salary instead of hourly wages. Covered and accommodated are not terms used in reference to employee pay status.

Quiz 12: The employment agreement