Question 1

Employees of the Hefner Concrete Company work long and hard when on road building projects in order to take advantage of good weather and to meet performance bonuses for completion of jobs ahead of schedule. During one week, a few of the crews work 65 hours per employee. For the employees who worked 65 hours in one week, Hefner

Accepted Answer

According to the Fair Labor Standards Act, employers are only required to pay their employees overtime (time and a half) for hours worked over 40 in a workweek. Therefore, for the employees who worked 65 hours in one week, Hefner must pay its workers time and a half for the additional 25 hours worked over 40. Hefner does not need to pay double time as stated in option A. Option B is incorrect because the FLSA does not prohibit employees from working over 60 hours per week, but it does require employers to pay overtime for hours worked over 40. Option C is also incorrect because the Occupational Safety and Health Administration (OSHA) does not regulate the number of hours employees can work in a week, as their focus is on ensuring safe working conditions.

Question 2

Under what circumstances can an employer's non-compliance with OSHA safety regulations not result in a violation?

Accepted Answer

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Question 3

Corbett, a twenty-year-old delivery truck driver for the Yumpin Yogurt has been excluded from Bagel Barn's employee benefits plan. Corbett has worked continuously for Yumpin for three years. This exclusion is:

Accepted Answer

ERISA does not require an employer to extend benefits to individuals under age 21. Therefore, Bagel Barn's exclusion of Corbett from their employee benefits plan is legal. COBRA and ADEA do not apply in this situation as they deal with different aspects of employee benefits and age discrimination, respectively.

Question 4

What are the "fiduciary standards" established by ERISA?

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Question 5

Parminder has worked for Best Cable, Inc. for 3 years. She participates in the company's health care plan for herself and her family. She resigned last week. With regard to her health-care coverage:

Accepted Answer

The correct option is B because COBRA (Consolidated Omnibus Budget Reconciliation Act) requires employers to extend health insurance coverage to employees who have resigned or lost their jobs for up to 18 months. The employer may charge up to 102 percent of the rate originally charged to the employee. PITHON and BOA are not valid laws related to employee health insurance coverage.

Question 6

Shawn works on a fishing boat in Myrtle Beach, S.C. in the summer. He is paid $5.00 per hour, and even though he works 10 hour shifts 6 days a week, he is not paid overtime.

Accepted Answer

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Question 7

Jillian works as a taxicab driver for Blue Cabs. She is paid hourly, makes less than $23,000 a year and regularly works 10 to 15 hours per week overtime. However, she is not paid overtime.

Accepted Answer

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Question 8

Lara is a cashier at the Piggy Wiggy Market. During the holidays, she regularly works 70 hours per week.

Accepted Answer

The Fair Labor Standards Act (FLSA) requires that employees be paid overtime for hours worked over 40 in a workweek, so Piggy Wiggy has not violated FLSA if it pays Lara overtime for hours worked over 40 hours per week.

Question 9

What are the five factors used to determine whether an individual is an employee for purposes of the FLSA?

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Question 10

What are the eligibility requirements for an employee to request leave under the Family Medical Leave Act (FMLA)?

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Question 11

Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company. He fell off a ladder, broke his arm and was knocked unconscious. Following medical treatment, he returned to the company which transferred him to an inspector position due to his broken arm. Does United need to make a report to OSHA? Explain.

Accepted Answer

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Question 12

List five categories of employees exempt from the overtime provisions of the FLSA.

Accepted Answer

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Question 13

Salim works at Harris Heavy Equipment. He has worked there for seven months as a Vice President of Federal Procurement. He has suffered with a herniated disc for years, but it has now become severe. His doctors have told him that he needs to have surgery soon or his condition will worsen. He needs 4-6 weeks off from work for surgery and rehabilitation. He asks the president for 4-8 weeks pursuant to FMLA.

Accepted Answer

According to FMLA, an employee must have worked for the employer for at least 12 months to be eligible for leave. Since Salim has only worked for Harris for seven months, he is not eligible for FMLA leave. Therefore, Harris is not required to grant Salim's request for leave under FMLA.

Question 14

Rennie Norquist is a recent law school graduate. She is employed at Dillard, Dobbs, Dooley and Duncan, a 200 lawyer firm. Rennie is well paid at $98,000 per year. However, she thinks she should be paid overtime for all the hours she works because all she does is do research the law and write legal memoranda.

Accepted Answer

Professional workers, such as lawyers, are generally exempt from overtime regulations under the FLSA. The fact that Rennie is well-paid and only performs research and writing tasks does not change her exemption status.

Question 15

Briefly describe the difference between the two types of pension or retirement plans.

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Question 16

Under FLSA

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...

Question 17

Bernard has worked for Flipper Pools for 5 years as a salesman. He requests time off to be with his stepdaughter. Flipper
I. does not have to grant the request for leave under FMLA because Flipper has only 52 employees.
II. does not have to grant the request for leave under FMLA because he did not make the request 60 days prior.
III. does not have to grant the request for leave under FMLA because FMLA does not cover stepdaughters.
IV. does not have to grant the request for leave under FMLA because his stepdaughter is not ill.

Accepted Answer

The only statement that is accurate is that Flipper does not have to grant the request for leave under FMLA because his stepdaughter is not ill. The other statements are incorrect. FMLA applies to companies with 50 or more employees, not 52. While employees are encouraged to provide at least 30 days’ notice for foreseeable FMLA leave, there is no requirement for 60 days' notice. Additionally, stepchildren are covered under FMLA if they meet the definition of a son or daughter, which includes stepchildren who live with the employee and are being cared for as if they were the employee's own child.

Quiz 16: Selected Employment Benefits and Protections