Chapter 10 Flashcards

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1
Q

What is the fellow servant rule?

A customer or client injures the employee
The injury is caused by an unpaid volunteer
Another employee, not the employer, caused the injury
The employee understands the risks involved with his/her position

A

Another employee, not the employer, caused the injury

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2
Q

“To furnish to each of its employees…a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm.” This is known as:

Continual training
The compliance requirement
General duty clause
The reasonable person rule

A

General duty clause

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3
Q

For workers, worker’s compensation provides the exclusive remedy for illnesses and injuries which:

Arise from personal negligence during work
Arise out of and in the course of employment
Arise as an effect of getting older
Arise in the course of everyday life

A

Arise out of and in the course of employment

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4
Q

Worker’s compensation benefits are fixed by law and typically include replacement income of how much?

5/8 normal pay
3/4 normal pay
2/3 normal pay
1/2 normal pay

A

2/3 normal pay

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5
Q

The FLSA requires that an employer pay “time and a half” wages for hours worked beyond __________ in the relevant workweek.

20
40
30
10

A

40

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6
Q

Certain employees can be exempt from FLSA standards. What is the most common description of exempt employees?

Middle-class wage workers in technical fields
A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay
A white-collar professional with low responsibilities, few working hours, and median pay
A blue-collar worker with minimum skill and a lower-paying position

A

A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay

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7
Q

The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees?

50+
25+
5+
75+

A

50+

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8
Q

A 2008 FMLA amendment allows for a ___________-week period of leave for qualifying family members of veterans seriously injured in the line of duty.

21
23
26
15

A

26

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9
Q

What is a “qualifying event” under FMLA?

The birth or adoption of a child
A serious health condition that makes the employee unable to perform the functions of his or her job
The care of a family member with a serious health condition
All of the above

A

All of the above

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10
Q

Under FMLA, an employer may require the employee to see a company-paid physician to make an additional assessment if it has concerns about the validity of a health certification provided.

TRUE OR FALSE

A

True

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11
Q

Designed to protect worker’s interests in the regulation of benefits and encourage the careful employer management of retirement funds, Congress enacted:

FLSA
OSHA
ERISA
FMLA

A

ERISA - Employee Retirement Income Security Act

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12
Q

Under ERISA, how many days from the beginning of benefits coverage does an employer have to provide a summary document plan to the employee?

90
60
120
30

A

90

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13
Q

Under ERISA, _________________ are considered fiduciaries.

The people who develop benefits plans
Persons or entities which manage benefits funds
Particular employees skilled in assisting other employees in writing their wills
Company stock advisors

A

Persons or entities which manage benefits funds

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14
Q

What are the two different types of pension plans?

Undefined benefit and defined contribution
Defined benefit and actual contribution
Defined benefit and defined contribution
Defined benefit and contribution

A

Defined benefit and defined contribution

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15
Q

___________________is the federal act that allows an employee – at his or her own expense – to continue company health care benefits for up to eighteen months when he or she leaves a job.

The Fair Labor Standards Act
The Consolidated Omnibus Budget Reconciliation Act
The Family and Medical Leave Act
The Employee Retirement Income Security Act

A

The Consolidated Omnibus Budget Reconciliation Act

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16
Q

The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act?

FLMA
OSHA
ERISA
FLSA

A

ERISA

17
Q

HIPAA restricts employers’ use of an employee’s __________________________ to exclude coverage or charge more for medical benefits.

Affinity orientation
Race or national origin
Age
Pre-existing medical condition

A

Pre-existing medical condition

18
Q

What is the purpose of the False Claims Act?

To require the scientific community to uphold the burden of proof when making claims
To impose a burden on the government for making false claims to the general public
To impose liability on persons and firms who defraud governmental programs
To protect the private sector against fake whistleblowing

A

To impose liability on persons and firms who defraud governmental programs

19
Q

Which Act prevents an employer from discriminating against a person who is, or has been, in military service?

HIPAA
USERRA
FCA
COBRA

A

USERRA

20
Q

Under USERRA, an employer is required to place an employee returning from a military deployment in the exact same employment position he/she had prior to leaving.

TRUE OR FALSE

A

False