Question 1

Employers are required to report workplace injuries due to assaults by family members or ex-spouses as a part of their recordkeeping requirements under the Occupational Safety and Health Act.

Accepted Answer

Under the Occupational Safety and Health Act, if an injury or illness is work-related and meets the general recording criteria or falls into specific categories, reporting is mandated. Employers also must report workplace injuries due to assaults by family members or ex-spouses as a part of their recordkeeping requirements.

Question 2

It is mandatory for employers to display an Occupational Safety and Health Act (OSHA)poster in the workplace so as to keep their employees informed of their rights under the act.

Accepted Answer

Employees must be informed of their Occupational Safety and Health Act (OSHA) rights by their employer. This requirement may be met by displaying an OSHA poster in the workplace, but displaying this poster is not mandatory.

Question 3

Employees of the Vibrant Infra Company work long hours during road construction projects to take advantage of good weather and to complete the work on schedule.During one particular week,a few employees worked close to 65 hours each.For such employees,Vibrant Infra Company must:

Accepted Answer

For the employees who worked close to 65 hours in one week, Vibrant Infra Company must pay time and a half for the time worked in excess of 40 hours.The Fair Labor Standards Act (FLSA) does not limit the hours that employees can work but merely states that if an employee works over 40 hours, he or she must be paid time and a half for the time worked in excess of 40 hours.

Question 4

Jude,a cashier at Dixie's Discount located in Wyoming,is paid the minimum wage set by the state.The state minimum wage rate is less than the federal minimum wage rate.Which of the following holds true in this case?

Accepted Answer

Dixie's has violated the Fair Labor Standards Act of 1938 (FLSA) because the federal minimum wage rate supersedes the state wage rate. Federal minimum wage law supersedes state minimum wage laws where the federal minimum wage is greater than the state minimum wage. In those states where the state minimum wage is greater than the federal minimum wage, the state minimum wage prevails.

Question 5

Kendall,an apprentice at Coral Kitchen Works (CKW),is learning how to assemble and install kitchen cabinets.CKW pays her $5.50 per hour,which is less than the government-approved minimum wage.Which of the following is most likely to be true in this case?

Accepted Answer

Coral Kitchen Works can pay Kendall less than the minimum wage only if it obtains a certificate issued by the Department of Labor's wage and hour administrator. Under the Fair Minimum Wage Act of 2001, if the covered employee is an apprentice, learner, or disabled worker, then, under certain circumstances, she or he may receive less than the minimum wage if the employer obtains a certificate issued by the Department of Labor's wage and hour administrator.

Question 6

City News does not violate the child labor laws if it employs Anthony,a 15-year-old student,as a part-time newspaper delivery boy.

Accepted Answer

City News does not violate the child labor laws if it employs Anthony as a part-time newspaper delivery boy. Children between the ages of 14 and 16 may work at certain types of jobs that do not interfere with their health, education, or well-being.

Question 7

Which of the following statements is true of internships?

Accepted Answer

Internships should be of a fixed duration, established prior to their outset. Further, unpaid internships generally should not be used by the employer as a trial period for individuals seeking employment at the conclusion of the internship period.

Question 8

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)applies to group health plans provided by employers with 20 or more employees on a typical working day in the previous calendar year.

Accepted Answer

The problem of an employee losing workplace health care coverage when the employee stopped working or switched jobs was addressed by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and was codified in ERISA and the tax code. COBRA applies to group health plans provided by employers with 20 or more employees on a typical working day in the previous calendar year.

Question 9

Workers' compensation laws are generally no-fault,which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.

Accepted Answer

Workers' compensation laws are generally no-fault, which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault. The trade-off for employers, in agreeing to be bound by a no-fault system, is that the injured workers are limited in their financial recovery to what they can obtain under workers' compensation laws.

Question 10

Which of the following statements is true about the Fair Labor Standards Act (FLSA)?

Accepted Answer

It is a common misconception that the Fair Labor Standards Act prohibits an employer from requiring employees to work over 40 hours per week. The law does not dictate hours, but merely states that, if an employee works over 40 hours, he or she must be paid time and a half for the time worked in excess of 40 hours.

Question 11

Shawn,an environmental enthusiast,volunteers to work as an intern at Green Soul International,a non-profit organization dedicated to environmental protection.Green Soul hires Shawn without any pay.Which of the following is most likely to be true in this case?

Accepted Answer

Green Soul did not violate the Fair Labor Standards Act (FSLA) because Green Soul is a non-profit organization and Shawn is a volunteer. The U.S. Department of Labor's Wage and Hour Division (WHD) recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation for religious, charitable, civic, or humanitarian purposes to non-profit organizations. Unpaid internships in the public sector and for non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible.

Question 12

The Equal Pay Act set standards for the minimum age for workers and the minimum wages they can make.

Accepted Answer

The Fair Labor Standards Act (FLSA) set standards for the minimum age for workers, minimum wages they can make, and the rate at which they must be paid if they work over a certain amount of time during a workweek. Much like the Equal Pay Act and Title VII, the act also prohibits pay differentials based solely on gender.

Question 13

Payroll practices from an employer's general assets are welfare benefit plans covered by the Employee Retirement Income Security Act (ERISA).

Accepted Answer

Under the Employee Retirement Income Security Act (ERISA), a welfare plan is any plan, program, or fund that the employer maintains to provide the following: medical, surgical, or hospital care; benefits for sickness, accident, disability, or death; unemployment benefits; vacation benefits; apprenticeship and training programs; day care centers; scholarship funds; prepaid legal services; or severance pay. However, payroll practices from the employer's general assets are not welfare benefit plans covered by ERISA.

Question 14

In the event of a state child labor law being stricter than the federal law,the federal law supersedes the state law.

Accepted Answer

The Fair Labor Standards Act of 1938 (FLSA) set minimum age standards for allowing children to work. States may have child labor laws even stricter than the federal law, and, if so, the stricter rules apply.

Question 15

An employer will not be held responsible under the Occupational Safety and Health Act (OSHA)for workplace hazards or injuries where the harm is the result of reckless behavior by an employee.

Accepted Answer

There may be workplace hazards or injuries for which an employer will not be held responsible under the Occupational Safety and Health Act (OSHA). The three most common of these circumstances include the following: 
• Where the harm is the result of reckless behavior by an employee. 
• Where it is physically or economically impossible for the employer to comply with a safety requirement. 
• Where compliance with a requirement presents a greater harm than not complying (greater hazard defense).

Question 16

Jillian,who works as a taxicab driver for All Time Cabs,is paid on an hourly basis.She makes less than $20,000 a year and regularly works 10 to 15 hours overtime per week.However,she is not paid for overtime.Which of the following is most likely to be true in this case?

Accepted Answer

Jillian is entitled to overtime pay under the Fair Labor Standards Act because she earns less than $23,660 per year. Employees earning up to $23,660 per year, or $455 per week, are automatically entitled to overtime pay, regardless of whether they are hourly or annual salaried employees.

Question 17

The Health Insurance Portability and Accountability Act (HIPAA)preempts all state privacy laws.

Accepted Answer

The Health Insurance Portability and Accountability Act (HIPAA) does not preempt all state privacy laws. In jurisdictions where the state privacy laws are more stringent than HIPAA, those laws or the relevant portions thereof are preserved and should be applied instead of HIPAA.

Question 18

The Employee Retirement Income Security Act (ERISA)covers plans established and maintained by governmental entities and churches.

Accepted Answer

The Employee Retirement Income Security Act (ERISA) does not cover plans established or maintained by governmental entities or churches, plans maintained outside the United States primarily for the benefit of nonresident aliens, or plans maintained for nonemployees such as a director or independent contractors. An employer that offers welfare benefits, such as health, life, disability, or accident insurance, or retirement plans to its employees is subject to certain requirements under ERISA, which covers most private-sector employee benefit plans.

Question 19

Under the Employee Retirement Income Security Act (ERISA),an individual must be a named fiduciary to be declared a plan fiduciary.

Accepted Answer

The Employee Retirement Income Security Act (ERISA) declares that a person is a plan fiduciary "to the extent that" he or she exercises discretionary authority over plan management or plan administration, regardless of whether or not the person is a named fiduciary.
Multiple Choice Questions

Question 20

Rennie is a recent law graduate employed as an associate attorney at RN Associates,a law firm with close to 200 employees.Rennie is paid $98,000 per year.Like most associates,she regularly works 60 or more hours a week.She thinks she should be provided overtime compensation for all of the extra hours of work she puts in per week.Which of the following is most likely to be true in this case?

Accepted Answer

Rennie will not be eligible for overtime pay under the Fair Labor Standards Act (FLSA) because as a professional, she is exempt from the FLSA overtime regulations. The FLSA overtime regulations underwent a major overhaul in August 2004 regarding their exemption for white-collar professionals, that is, primarily those in executive, administrative, and professional jobs. The general rule was that white-collar employees in the above categories were not entitled to overtime pay.

Quiz 16: Selected Employment Benefits and Protections