Employment Law Chapter 9, 10, 11, 20, 21, and 22 Exam Questions with Definite Solutions, Exams of Nursing

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Employment Law Chapter 9, 10, 11, 20, 21, and 22 Employment Law Chapter 9, 10, 11, 20, 21, and 22 Exam Questions (297 Terms) with Definite Solutions Update 2023 Employment Law Chapter 9, 10, 11, 20, 21, and 22 Age Discrimination in Employment Act prohibits discrimination against employees aged forty and older. - Answer: True American workers of U.S. firms employed in foreign countries are covered under the Age Discrimination in Employment Act. - Answer: True The Age Discrimination in Employment Act (ADEA) does not include labor unions and employment agencies. - Answer: False The denial of a promotion to any worker over the age of thirty-five is a violation under the Age Discrimination in Employment Act (ADEA). - Answer: False The Age Discrimination in Employment Act (ADEA) recognizes that age maybe a bona fide occupational qualification for some jobs. - Answer: True According to General Dynamics Land Systems, Inc. v. Cline, an employer that eliminated health insurance for workers under fifty but continued health insurance for the employees over fifty was held not to have violated the Age Discrimination in Employment Act (ADEA). - Answer: False Mandatory retirements of executive employees who are over the age of sixty-five are prohibited under Section 631(c) of the Age Discrimination in Employment Act (ADEA). - Answer: False Employment Law Chapter 9, 10, 11, 20, 21, and 22 Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include: - Answer: transfer of a worker age of 30 and under. In O'Connor v. Consolidated Coin Caterers Corp., the court of appeal held that: - Answer: whether the replacement was over or under 40 years of age was irrelevant. When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA) provides some specific exemptions, such as: - Answer: actions pursuant to a bona fide seniority system. Fifty-two-year-old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas' role, the employer asked him to step down from his position to be replaced by his thirty-eight-year-old team member. In this case, the employer has the burden to prove that removal of Nicolas is: - Answer: a reasonable factor other than age. In _____, the plaintiff claimed that the pay raise policy had a disparate impact against the older officers. The trial court dismissed the suit, and the U.S. Court of Appeals affirmed the dismissal. - Answer: Smith v. City of Jackson, Mississippi All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA) except: - Answer: prohibits the voluntary retirement of employees. Employment Law Chapter 9, 10, 11, 20, 21, and 22 Fifty-five-year-old Mark has worked with an organization for 20 years and was looking forward to his impending promotion. During his annual appraisal, his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty-five. In this instance, Mark does not need to resign since: - Answer: under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited. The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of: - Answer: 65 Sam was a 55-year-old bus driver with a travel agency, and he had worked with the agency for over 15 years. One morning, his employer told him that he should consider retirement because he was "of a certain age" and it would be best for the safety of the passengers that he be replaced by someone younger. He also insisted that retirement was mandatory for any bus driver over the age of 50 per the company's policy. In this case, his employer needs to: - Answer: prove that mandatory age of retirement of employees is a Bona Fide Occupational Qualification for the job of a bus driver. In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers was: - Answer: a Bona Fide Occupational Qualification. Employment Law Chapter 9, 10, 11, 20, 21, and 22 If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____ to consider the waiver. - Answer: 45 days Bruce is an employee of the Regus Group of Companies. His employer was not satisfied with performance and warned Bruce that if he could not improve his productivity, he should consider voluntary retirement since he was already 58 years of age. Within two days of receiving the warning, Bruce was given a notice by the human resources division asking him to submit his resignation without offering any early retirement benefits. In this instance, the employer violated both the Age Discrimination in Employment Act and: - Answer: Older Workers Benefit Protection Act. Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years. Her employer offered all workers 55 years of age and over an opportunity to go on early voluntary retirement with good incentives and a bonus plan. Linda felt this would allow her to spend more time with her family and she accepted the offer. In this case, did the employer violate the Age Discrimination in Employment Act? - Answer: No, because the Age Discrimination in Employment Act does not prohibit voluntary retirement as long as it is truly voluntary. If early retirement and waiver are offered to a class of employees, the employer must provide employees with: - Answer: the factors to determine eligibility for early retirement. Employment Law Chapter 9, 10, 11, 20, 21, and 22 In Equal Employment Opportunity Commission v. Tire Kingdom, courts have held that there is no specific statute of limitations on: - Answer: Age Discrimination in Employment Act suits filed by Equal Employment Opportunity Commission. Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to: - Answer: Income tax Carl is working as a ground staff for Ramset airlines since five years and his employer refused to complete his annual appraisal since he was over fifty years of age. He filed suit alleging violation under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered for remedies such as: - Answer: liquidated damages and legal fees. What is meant by "age discrimination in employment" and under which act is it prohibited? - Answer: Employers, labor union, and employment agencies Provide examples of violations of the Age Discrimination in Employment Act. - Answer: The mandatory retirement of workers over age 55 while allowing workers under 55 to transfer to another plant location or the denial of a promotion to a qualified worker because the employee is over 50 Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals who are qualified for employment. - Answer: True Employment Law Chapter 9, 10, 11, 20, 21, and 22 The Americans with Disabilities Act (ADA) applies to both private and public sector employers with fifteen or more employees but it does not apply to most federal government employers. - Answer: True The Americans with Disabilities Act (ADA) prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA. - Answer: True The Americans with Disabilities Act (ADA) protects employees who use illegal drugs and alcoholics who are under the influence of alcohol at the workplace. - Answer: False The Americans with Disabilities Act (ADA) considers a drug test to be a medical examination, and it prohibits an employer from administering drug tests to its employees or from making employment decisions based on the results of such tests. - Answer: False An employer failing to make reasonable accommodation commits illegal discrimination under the Americans with Disabilities Act (ADA). - Answer: True Under the Americans with Disabilities Act (ADA), an employer is required to make accommodation for an individual even if the accommodation would impose undue hardship on the operation of the business of the covered entity. - Answer: False Employment Law Chapter 9, 10, 11, 20, 21, and 22 Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire or accommodate any individual including conditions that pose a "direct threat" to the health or safety of others in the workplace. - Answer: False Employers can hire, select, or promote individuals based on tests, standards, or criteria that are job related or are consistent with business necessity. - Answer: True Employers do not retain the right to refuse to hire or promote individuals with a disability who are unable to meet standards, tests, or criteria. - Answer: False An employer in the food service industry can refuse to assign or transfer to a job, involving food handling, to any individual who has an infectious or communicable disease that could be transmitted to others through the handling of food. - Answer: True Remedies available under the Americans with Disabilities Act (ADA) include injunctions, hiring or reinstatement order and attorney fees. - Answer: True The Rehabilitation Act of 1973 does not protect the employment rights of individuals with a disability. - Answer: False All the fifty states in the U.S. have their own laws that prohibit discrimination against individuals with disabilities. - Answer: True Employment Law Chapter 9, 10, 11, 20, 21, and 22 Employers are required to make _____ for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job. - Answer: reasonable accommodation Drug testing by employers is not generally prohibited by any: - Answer: federal legislation. The constitutional challenges to public sector drug testing are based on the _____, which forbids unreasonable searches or seizures by the government - Answer: Fourth amendment In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the: - Answer: Americans with Disabilities Act. In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA? - Answer: Cleveland v. Policy Management Systems In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the _____ and was awarded _____. - Answer: Americans with Disability Act; $60,000 in back pay Employment Law Chapter 9, 10, 11, 20, 21, and 22 In Smith v. Blue Cross/Blue Shield of Kansas, Inc., an accommodation that would eliminate an essential function of the employee's job is not reasonable, and an employer is not required to wait indefinitely for: - Answer: an employee to return to work. In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of: - Answer: tardiness and absenteeism. In Vande Zande v. State of Wisconsin Dept. of Administration, the court held that an employer's refusal to allow a disabled employee to work at home was: - Answer: not a violation of the ADA. In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during: - Answer: Rescue Operations In Brown v. Lucky Stores, Inc., Lucky Stores fired Brown for abandoning her job. Brown filed suit against Lucky Stores and Hunt alleging discrimination based on her alcoholism under the ADA, Rehabilitation Act, FEHA and various state tort and contract claims. The trial court concluded Lucky Stores did not have a duty to accommodate Brown because she: - Answer: never requested an accommodation. Employment Law Chapter 9, 10, 11, 20, 21, and 22 In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use? - Answer: Skinner v. Railway Labor Executives' Association In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the: - Answer: U.S. Customs Service. In Georgia Association of Educators v. Harris, a federal court in Georgia: - Answer: issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment. Assume that Dave Johnson was suffering from physical disability and applied for a job at Coury Company. If Coury Company rejects his application because of his disability, they have: - Answer: violated the Americans with Disabilities Act. Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment. Sam filed a complaint and participated in proceedings under the ADA against the employer. In this case: - Answer: Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers. Employment Law Chapter 9, 10, 11, 20, 21, and 22 Rehabilitation Act, prohibits discrimination on the basis of disability by the: - Answer: federal executive The Civil Rights Acts of 1866 and 1870 were intended to ensure that the newly freed slaves were granted the full legal rights of U.S. citizens. - Answer: True Section 1983 of the Civil Rights Act is restricted to claims of intentional discrimination - Answer: True Executive Order No. 11246 provides the basis for the federal government contract compliance program. - Answer: True Affirmative action plans must be updated once in every six months and must contain an analysis of the employer's use of minors and senior citizens for each job category in the work force. - Answer: False Individuals alleging a violation of a firm's obligations under Executive Order No. 11246 may file complaints with the Occupational Health and Safety Administration. - Answer: False The administrative enforcement proceedings involve a hearing before an administrative law judge. - Answer: True Persons who are affected by alleged violations of the USERRA must file written complaints with the U.S. Attorney General. - Answer: False Employment Law Chapter 9, 10, 11, 20, 21, and 22 By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation of Section 8(a)(5) or Section 8(b)(3). - Answer: True Strict Scrutiny Test requires the government to demonstrate that the affirmative action program was necessary to achieve a compelling government purpose. - Answer: True Under Title VII, a person complaining of employment discrimination must file with any state or local EEO agency before taking their complaint to the federal Equal Employment Opportunity Commission. - Answer: True The Sarbanes-Oxley Act of 2002 applies to corporations whose shares are publicly traded in the United States - Answer: True The whistleblower provisions of Sarbanes-Oxley also apply to foreign citizens working abroad for foreign subsidiaries of U.S. corporations. - Answer: False Federal EEO laws specifically prohibit employment discrimination based on criminal record. - Answer: False Employment Law Chapter 9, 10, 11, 20, 21, and 22 The federal Employee Polygraph Protection Act of 1988 supports the right of private employers to require employees to take polygraph, or "lie detector," tests. - Answer: False The federal Employee Polygraph Protection Act of 1988 prohibits honesty testing. - Answer: False Which one of the following Section, in part, states that "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contract as is enjoyed by white citizens"? - Answer: Section 1981 of 42 U.S.C. Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship? - Answer: Section 1981(b) of the Civil Rights Act of 1991 The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law. - Answer: Section 1983 of 42 U.S.C. Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law?" - Answer: Section 1985(c) of the Civil Rights Act Employment Law Chapter 9, 10, 11, 20, 21, and 22 Which of the following statements is not true? - Answer: New York law prohibits a mother from breast-feeding her child in any public place. Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment, prohibit the discrimination on the basis of: - Answer: gender. An employee who attempts to report employer wrongdoing or actions threatening public health or safety to government authorities is called: - Answer: whistle blower. Which one of the following options provides general protection for civil service workers from any discipline or retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds, or a substantial and specific danger to the public health or safety? - Answer: The Federal Civil Service Reform Act Which one of the following options is responsible for investigating and pursuing claims of whistleblowers? - Answer: The federal Office of Special Counsel Which one of the following acts imposes both civil and criminal penalties for employers who take adverse employment actions against whistleblowers? - Answer: The Sarbanes-Oxley Act Employment Law Chapter 9, 10, 11, 20, 21, and 22 In Henry v. City of Detroit, Henry filed a suit under: - Answer: Michigan's Whistleblower's Protection Act. Which one of the following state laws allows institutions of higher education to obtain background checks on applicants for security-sensitive positions? - Answer: Texas law Which one of the following laws requires criminal background checks for employees of the state Lottery Commission? - Answer: Indiana law The EPPA requires that any polygraph test must be administered by a(n): - Answer: validly licensed examiner. The federal and state legislation generally prohibits employers from requiring employees to take: - Answer: polygraph tests. The use of psychological profile tests as an employee selection device could possibly raise issues under the _____ or state antidiscrimination legislation - Answer: Americans with Disabilities Act Which one of the following legislative protections is mainly designed to protect smokers or tobacco users from employment discrimination as long as their tobacco use is after the working hours? - Answer: Off-Duty Conduct Employment Law Chapter 9, 10, 11, 20, 21, and 22 Employers from discriminating against employees because of their legal off-duty recreational or political activities are prohibited under _____ of the New York State Labor Law. - Answer: Section 201-d In McCavitt v. Swiss Reinsurance America Corporation, McCavitt was employed as an executive by Swiss Reinsurance America Corporation (Swiss Re). McCavitt filed a suit against Swiss Re, alleging that his _____ was in violation of Section 201-d New York Labor Law. - Answer: discharge Which of the following is true with regard to Hansen v. America Online, Inc.? - Answer: The private property rights of the employer allowed the employer to ban firearms from its property. The laws that allow employees to bring firearms onto their employer's property were challenged by a number of employers on the grounds that requiring employers to allow guns on their property would violate the employers' general duty under the _____ to provide a safe workplace. - Answer: federal Occupational Safety and Health Act (OSHA) Obama's first budget was released in late February 2009, and passed in early April 2009, which increased funding to the Occupational Safety and Health Administration (OSHA) - Answer: True The Occupational Safety and Health Act, was enacted by Congress in 1970. - Answer: True Employment Law Chapter 9, 10, 11, 20, 21, and 22 In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of: - Answer: Workplace safety. The Occupational Safety and Health Act does not apply to the federal and state governments in their capacity as employers, nor does it apply to domestic servants or: - Answer: Self-employed persons. The authority to promulgate occupational safety and health standards through the Occupational Safety and Health Administration (OSHA) is granted to the: - Answer: Secretary of Labor The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to: - Answer: Research The Occupational Safety and Health Review Commission is a(n) ______ created to adjudicate contested enforcement actions of OSHA - Answer: quasi-judicial agency In _____, the court held that the Occupational Safety and Health Administration was precluded from exerting its jurisdiction over offshore oil platforms because of the coverage by the Coast Guard and the Geological Survey. - Answer: Marshall v. Nichols. The feasibility of a standard must be examined from two perspectives:____ feasibility and _____ feasibility. - Answer: technological; economic Employment Law Chapter 9, 10, 11, 20, 21, and 22 _____ cariances are granted when the employer establishes by a preponderance of the evidence that its particular procedures provide as safe and healthful a workplace as the Occupational Safety and Health Act standards would provide. - Answer: Permanent In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from: - Answer: Retaliation. Employees should attempt to have the employer correct the hazardous condition before exercising their: - Answer: Right to refuse In Chao v. Gunite Corp., citations were issued for violations of: - Answer: Occupational Safety and Health Regulations. OSHA's occupational safety and health standards are enforced through: - Answer: Physical inspections of workplaces. Which of the following is NOT true of the record keeping requirement under the Occupational Safety and Health Act? - Answer: Employers are required to provide the records of health and safety statistics to the union on a regularly basis, or on demand. Employment Law Chapter 9, 10, 11, 20, 21, and 22 In Marshall V. Barlow's Inc., the Supreme Court held that an employer subject to an OSHA inspection may insist upon a(n): - Answer: Search Warrant. Which of the following is NOT an option for a compliance officer in the event of an employer refusing entry for inspection? - Answer: An indictment warrant issued by a U.S. district judge should be produced. According to the study released by professors at Tulane University and the University of California at Berkeley, which of the following is NOT true of illegal immigrants? - Answer: The employer needs to maintain separate records on health and safety for illegal migrants working in hazardous occupations. In Herbert v. Altimerter, Inc., the employee-plaintiff claimed she had been fired in retaliation for: - Answer: All of the above A technical violation, but so insignificant as to require no fine or remediation, is a(n) ___ violation - Answer: de minimis ____is/are the second leading cause of fatal occupational injury in the U.S. - Answer: Homicide When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if it can prove that: - Answer: Compliance to the standard it impossible. Employment Law Chapter 9, 10, 11, 20, 21, and 22 Women employees at Columbia Iron & Steel, Inc. operate a foundry in which a major portion of the raw materials used in the process come from scrap metal, including galvanized zinc. Health experts agree that exposure to zinc in the early stages of pregnancy can result in severe birth defects. If an OSHA citation is forwarded, the women employees are protected under the provision of: - Answer: right to refuse work. When a worker dies in the factory because the employer failed to provide necessary safety in workplace, the investigating officer appointed under Occupational Safety and Health Act is known as: - Answer: an inspector. The Hot Zone Thermometer Company manufactures outdoor thermometers in a small factory in the Bronx. The company employs illegal immigrant's to do the assembly work which involves injecting liquid mercury into the glass tubes, sealing the tubes, and affixing them to the wooden frames of the twelve inch device. The management knew the risks involved, but declined to provide protective equipment, such as rubber gloves and masks, or even proper safety training for the workers. In this case, despite their illegal status, the employees are protected under the: - Answer: federal labor laws. The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high, arched roof. The company does not provide any safety norm to the employers, who are working on the roof. In an unfortunate incident, an employee fell of the high roof and lost his life. Upon investigation by the OSHA Employment Law Chapter 9, 10, 11, 20, 21, and 22 inspector, it was discovered that the employer had violated the standards under the act. This demands the employer to issue a(n): - Answer: written citation. The Federal Employment Liability Act (FELA) was passed in the year 1908. - Answer: True The Federal Employment Liability Act (FELA) was enacted in recognition of the incredible number of casualties in the mining industry. - Answer: False Unemployment compensation litigation starts with the active worker's application for benefits. - Answer: False Workers' compensation, as it has been instituted in virtually every state, is a statutory tradeoff. - Answer: True Workers' compensation has been left primarily to the states to administer. - Answer: True For a person to be "fully insured" by social security, he or she must accrue a minimum of thirty quarters of contributions. - Answer: False Younger people must earn some social security credits to qualify for disability benefits. - Answer: True Employment Law Chapter 9, 10, 11, 20, 21, and 22 Under the social security system, a worker is considered disabled when a severe physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death. - Answer: True The provisions of Employee Retirement Income Security Act (ERISA) apply to employee benefit plans established by federal government. - Answer: False Social Security is a state funded and administered program. - Answer: False The two main features of the Employee Retirement Income Security Act (ERISA)— the imposition of standards for fiduciary conduct and responsibility and the setting of minimum standards for pension plan requirements—have different bases for their coverage. - Answer: True Persons not normally considered fiduciaries, such as consultants or advisers, may be found to be fiduciaries when their expertise is used in a managerial, administrative, or advisory capacity by the plan. - Answer: True The Employee Retirement Income Security Act imposes standards of conduct and responsibility on fiduciaries of benefit plans established or maintained by employers and unions engaged in or affecting interstate commerce. - Answer: True Employment Law Chapter 9, 10, 11, 20, 21, and 22 The Supreme Court concluded that the trial court did not abuse its discretion by denying the plaintiffs': - Answer: motion for remittitur. An employee's injury must be work-related in order to be eligible for: - Answer: workers' compensation. The disqualifications of an out-of-work employee include: - Answer: willful misconduct. Which of the following is not a contentious case of injury or illness covered under workers compensation? - Answer: Injuries resulting from faulty design of the machinery used in the production floor. Verona Meyer was employed by Sonrise at Burger King. On April 26, 1995 during the course of her employment, she lost her footing and struck her lower abdomen on the corner of a table. Later that evening, Verona went to the hospital and delivered a baby, Patricia. In April 1998, the Meyers, on behalf of themselves and their daughter filed a suit against Sonrise for negligence and unsafe working conditions. The Washington Supreme Court in this case, upholding Patricia's right to a remedy because she is a person exercising her retroactive right to recover for prenatal injuries: - Answer: did not recognize fetus as a person in the whole sense. In Meyer v. Burger King Corporation, the Washington Supreme Court declined to limit the child's remedy to the provisions of the: - Answer: Workers' Compensation Act. Employment Law Chapter 9, 10, 11, 20, 21, and 22 In the 1990 case of Adams Fruit Co., Inc. v. Barrett, the Supreme Court held that workers could bring suit for violations of specific federal legislation despite the fact that: - Answer: they had received benefits under the state workers' compensation law. The Jones Act is applicable to: - Answer: Sailors Although ERISA has sweeping preemptive impact on most state laws, it specifically exempts _____ from its preemptive powers. - Answer: state workers' compensation laws The Social Security system was originally formed as: - Answer: retirement and survivor's insurance. Which of the following is not a category under the Social Security system? - Answer: Unemployment benefits The original and the main purpose of the Social Security system is to provide partial replacement of earnings when: - Answer: a worker decides it is time to retire. Under the Social Security system, monthly benefits are payable to a retired insured worker from age _____ onward. - Answer: sixty-two Employment Law Chapter 9, 10, 11, 20, 21, and 22 For a person to be "fully insured" by social security, he or she must accrue a minimum of _____ quarters of contributions. - Answer: forty A worker who applies for social security benefits and is receiving them at age sixty-five is automatically covered under part A of: - Answer: Medicare benefits. Under Part B of Medicare benefits, one-fourth of the premium is paid by the _____, whereas the other three-fourths are covered by the _____ general revenues. - Answer: beneficiary; federal government's How much should a worker be credited when he becomes disabled between the ages of thirty-one and forty-two? - Answer: Twenty quarters In Baker v. Commissioner of Social Sec., the plaintiff was: - Answer: denied benefits. Welfare plans usually provide participating employees and their beneficiaries with all of the following except: - Answer: Pension benefits What kind of benefit is provided for disabled people under Social Security? - Answer: Vocational Rehabilitation The Employee Retirement Income Security Act (ERISA) sets the standards for pension plans on all of the following aspects except: - Answer: Asset Management Employment Law Chapter 9, 10, 11, 20, 21, and 22 The Walsh-Healy Act prohibits contractors under government contracts from using child labor to produce, manufacture, or furnish materials for the contract. - Answer: False The Fair Labor Standards Act (FLSA) is enforced by the National Labor Relations Board. - Answer: False The Fair Labor Standards Act prohibits all forms of child labor - Answer: False Under the FLSA, minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or non-mining occupations for limited hours outside school hours. - Answer: True The Davis-Bacon Act provides that contractors working on government construction projects must pay the prevailing wage rates in the geographic area, as determined by the: - Answer: Secretary of Labor The National Industrial Recovery Act provided that the codes of fair competition for each industry: - Answer: could limit child labor. Through the _____, the federal government attempted to the general regulation of wages and hours. - Answer: National Industrial Recovery Act (NIRA) Employment Law Chapter 9, 10, 11, 20, 21, and 22 Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent. - Answer: agriculture The Walsh-Healy Act _____ for contractors providing at least $10,000 worth of goods to the federal government. - Answer: sets minimum standards for wages In West Coast Hotel Co. v. Parrish, the appellant was in the hotel business. The appellee, Elsie Parrish, was employed as a chambermaid and brought suit to recover the difference between wages paid to her and the wages set as standard. The appellant challenged the act as repugnant to the due process under the _____ of the U.S. Constitution. - Answer: Fourteenth Amendment Which of the following is not a basis for coverage under the FLSA? - Answer: Employees who are engaged in interstate commerce, but not including import and export. Employers and employees not covered by the Fair Labor Standards Act are generally subject to: - Answer: state laws of United States. The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act to: - Answer: employees of the Senate. Riana was working as a domestic worker for the Stephenson family in New York for about six months. She had not been paid on time since the first month of her Employment Law Chapter 9, 10, 11, 20, 21, and 22 joining. Can she file a suit against her employer under the FLSA? - Answer: Yes, as the FLSA coverage extends to private household domestic workers. Amanda is an employee at a local hospital situated in Nevada. The administration of the hospital was maintained by the local government. The entire hospital staff suffered an unfair labor practice at the hands of the members of the administrative department. The employees then decided to file a suit against the administrative department of the hospital. Under which of the following acts should the employees approach the court? - Answer: Fair Labor Standards Act In Christensen v. Harris County, Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued compensatory time. Employees of the Harris County Sheriff's Department sued the County claiming that such policy is prohibited under the FLSA. In its judgment, the Supreme Court: - Answer: held that no statutory provision prohibits Harris County from pursuing its policy. The government attempted to reduce poverty and bring the earnings of workers closer to the cost of living by regulating: - Answer: minimum wages. As on July 24, 2009 the minimum wages for nonexempt employees is _____ per hour. - Answer: $ 7.25 Machinists and sewing machine operators are usually paid on a(n): - Answer: piece-rate basis. Employment Law Chapter 9, 10, 11, 20, 21, and 22 Donna and Paul DeRossi own an agricultural farm in the outskirts of New Jersey. Their son Ron, who is 13 years old, helps them every day by watering the saplings. Neighbors saw Ron working in the field every day and informed Department of Labor about this and complained of child labor. Have Donna and Paul violated the law under Fair Labor Standards Act (FLSA) by allowing their son to work on the agricultural farm land? - Answer: No, they have not violated the law of FLSA because the minors under the age of fourteen are allowed to work in agriculture under specific limitations and with parental consent. In Solis v. Laurelbrook Sanitarium and School, Inc., the issue at hand was the: - Answer: child labor provision of the FLSA. Which of the following is not true of the enforcement procedure regarding FLSA? - Answer: Criminal proceedings for willful violations may be instituted by the Department of Labor. Linda is the owner of Los Angeles-based leather manufacturing company. Almost 500 employees were working in that unit. Employees were not paid proper wages and overtime pay for extra time worked beyond their normal working hours. Who is authorized to file suit on behalf of employees seeking to collect wages and overtime? - Answer: The Secretary of Labor In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages: - Answer: for an equal amount. Employment Law Chapter 9, 10, 11, 20, 21, and 22 The statute of limitations for willful violations is extended to _____ years. - Answer: three In Mumby v. Pure Energy Services, the court found that Pure Energy failed to compensate the plaintiffs for - Answer: Weekly Overtime How did the NIRA come into effect? - Answer: The federal government attempted the general regulation of wages and hours through NIRA. It was passed in 1993 in an effort to improve the conditions during the Great Depression. Describe the coverage of the FLSA. - Answer: The FLSA deals with minimum wages, overtime pay provisions, child labor, and equal pay for equal work. It was amended to provide three bases of coverage. Employees engaged in interstate commerce, employees engaged in the production of goods for interstate commerce, and all employees employed in an "enterprise engaged in" interstate commerce are subject to the FLSA. It also covers most federal employees, some state/local hospitals, some educational institutions, and state/local government employees, and private household domestic workers.