Question 1

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

Accepted Answer

The Occupational Safety and Health Act (OSHA) covers all employers engaged in a business affecting interstate commerce, as well as state and local governments. It sets forth standards for ensuring the safety and health of workers in these workplaces.

Question 2

Under the public policy exception to employment at will, most courts limit "public policy" to the policies advanced by existing law.

Accepted Answer

Courts generally limit the definition of "public policy" to the policies advanced by existing law under the public policy exception to employment at will.

Question 3

The Fair Labor Standards Act requires double-pay for all working hours in excess of 40 per week.

Accepted Answer

The Fair Labor Standards Act requires a time-and-a half rate for work exceeding 40 hours per week.

Question 4

The amount recoverable by an injured employee under each category of damages from a workers' compensation system is frequently more than or at least equivalent to what would be obtained in a successful negligence suit.

Accepted Answer

The amount recoverable by an injured employee under each category of damages from a workers' compensation suit is frequently less than would be obtained in a successful negligence suit.

Question 5

The principle of employment at will says that either party can terminate an employment contract of indefinite duration.

Accepted Answer

The principle of employment at will states that either the employer or the employee can terminate an employment contract of indefinite duration at any time and for any reason, unless prohibited by law or public policy.

Question 6

In general, which of the following is an available method of complying with a state's workers' compensation statute?

Accepted Answer

The best choice to comply with a state's workers' compensation statute is to participate in the state insurance fund by the employer. Many states require employers to participate in the state insurance fund or provide an alternative method of coverage that meets certain requirements. Maintenance of a contingency fund by the employee is not a valid method of complying with the statute, as it shifts the burden of providing compensation to the employee. Participation in a federal insurance fund by the employee is not a valid method, as workers' compensation is primarily a state-regulated program. Purchase of private insurance by employees is also not a valid method, as employers typically bear the responsibility of providing workers' compensation coverage.

Question 7

While in the course of employment with Marco, Inc., Payne was injured. Marco has complied with the state's mandatory workers' compensation statute. Marco's workers' compensation carrier has asserted the following defenses to Payne's claim for workers' compensation benefits:
I) Marco was free from any wrongdoing.
II) Payne assumed the risk by disregarding Marco's safety procedures.
III) Payne's injury was intentionally self-inflicted.
Which defense(s) asserted by the workers' compensation carrier, if proven, will prevent Payne from recovering?

Accepted Answer

Virtually all states regard intentionally self-inflicted injuries as outside workers' compensation.Therefore,if Marco's workers' compensation carrier can prove that Payne's injury was intentionally self-inflicted,then this defense will prevent Payne from recovering.

Question 8

Unemployment compensation is provided entirely at the federal level, and the states have no role to play in this matter.

Accepted Answer

Unemployment compensation is a joint program between the federal and state governments, with the states responsible for administering the program and determining eligibility criteria, while the federal government provides funding and establishes certain guidelines.

Question 9

Recovery for occupational diseases is allowed under the workers' compensation system.

Accepted Answer

Recovery for occupational diseases is allowed under the workers' compensation system.

Question 10

Drug and alcohol testing of public employees is unconstitutional.

Accepted Answer

Drug and alcohol testing of public employees generally is constitutional where there is a reasonable basis for suspecting that an employee is using drugs or alcohol or where drug use in a particular job could threaten the public interest or public safety.

Question 11

Workers' compensation protects not only employees, but independent contractors as well.

Accepted Answer

Workers' compensation only applies to employees, not independent contractors. Independent contractors are responsible for their own insurance and liability protection.

Question 12

Title VII of the 1964 Civil Rights Act forbids employment discrimination on the basis of race, color, religion, sex, and national origin.

Accepted Answer

Title VII of the 1964 Civil Rights Act does forbid employment discrimination on the basis of race, color, religion, sex, and national origin.

Question 13

The Age Discrimination in Employment Act protects people aged 40 and over from age discrimination.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) specifically prohibits employment discrimination against individuals 40 years of age or older.

Question 14

Although the Occupational Safety and Health Administration (OSHA) administers the Occupational Safety and Health Act, OSHA is not empowered to inspect businesses to enforce those regulations.

Accepted Answer

OSHA is empowered to inspect businesses and enforce regulations to ensure workplace safety and health.

Question 15

Title VII disparate impact suits involve situations in which an employer has treated an individual differently because of the person's race, sex, color, religion or national origin.

Accepted Answer

Title VII disparate impact suits involve situations in which an employer's policies or practices have a discriminatory effect on a protected group, regardless of whether or not there was intentional discrimination. It does not necessarily involve a situation where an individual was treated differently because of their protected characteristic.

Question 16

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

Accepted Answer

Workers' compensation systems are designed to compensate employees for injuries or illnesses that arise out of and occur in the course of employment. Injuries related to occupational diseases are therefore most likely to be covered. Injuries suffered while traveling to work (A) are generally not covered because the employee is not yet on the job. Injuries resulting from employee horseplay (B) are not typically covered because the employee is not engaged in work-related activities. Self-inflicted injuries (C) are also not covered because they are not the result of work-related activities.

Question 17

Workers' compensation systems have failed to eliminate which of the following employer defenses?

Accepted Answer

Workers' compensation systems have eliminated the employer's three traditional defenses: contributory negligence of the employee,assumption of risk by the employee,and the fellow-servant rule (negligence of a coemployee).However,employers might not be held liable for injuries resulting from employee horseplay or self-inflicted injuries.

Question 18

The Family and Medical Leave Act requires employers to pay employees while they take leave for one of the reasons stated in the act.

Accepted Answer

The Family and Medical Leave Act (FMLA) requires employers to provide eligible employees with up to 12 weeks of unpaid leave per year for certain family and medical reasons, but it does not require employers to pay employees during their leave. However, some employers may choose to provide paid leave as part of their company policy or collective bargaining agreement.

Question 19

In which of the following situations will a state make an award of workers' compensation to an injured worker, if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

Accepted Answer

The "increased risk" test states that an injury must be directly related to the nature of employment and must have a greater chance of occurring due to the employment. In this case, the security guard's job duty is to provide safety and protection, which puts him at an increased risk of being assaulted, and therefore, is eligible for workers' compensation. The other choices do not meet the "increased risk" test.

Question 20

Social security basically is a social compromise.

Accepted Answer

Workers' compensation basically is a social compromise.The strict liability condition and elimination of the three traditional employer defenses greatly increases the probability that an injured worker will recover but the amount recoverable frequently is less than would be obtained in a successful negligence suit.

Quiz 51: Employment Law

The Occupational Safety and Health Act applies to all employers engaged in a business affecting interstate commerce.

Under the public policy exception to employment at will, most courts limit "public policy" to the policies advanced by existing law.

The Fair Labor Standards Act requires double-pay for all working hours in excess of 40 per week.

The amount recoverable by an injured employee under each category of damages from a workers' compensation system is frequently more than or at least equivalent to what would be obtained in a successful negligence suit.

The principle of employment at will says that either party can terminate an employment contract of indefinite duration.

In general, which of the following is an available method of complying with a state's workers' compensation statute?

Unemployment compensation is provided entirely at the federal level, and the states have no role to play in this matter.

Recovery for occupational diseases is allowed under the workers' compensation system.

Drug and alcohol testing of public employees is unconstitutional.

Workers' compensation protects not only employees, but independent contractors as well.

Title VII of the 1964 Civil Rights Act forbids employment discrimination on the basis of race, color, religion, sex, and national origin.

The Age Discrimination in Employment Act protects people aged 40 and over from age discrimination.

Although the Occupational Safety and Health Administration (OSHA) administers the Occupational Safety and Health Act, OSHA is not empowered to inspect businesses to enforce those regulations.

Title VII disparate impact suits involve situations in which an employer has treated an individual differently because of the person's race, sex, color, religion or national origin.

Under which of the following situations is an employee most likely to recover under a workers' compensation system?

Workers' compensation systems have failed to eliminate which of the following employer defenses?

The Family and Medical Leave Act requires employers to pay employees while they take leave for one of the reasons stated in the act.

In which of the following situations will a state make an award of workers' compensation to an injured worker, if the state is using an "increased risk" test to define the relationship between an injury and the nature of employment?

Social security basically is a social compromise.