Chapter 21 Flashcards
1) Under the Fair Labor Standards Act (FLSA), all of the following statements are criteria used to determine if an employer may pay an employee a salary except?
A) The employee’s primary duty is managing a department of the business B) The employee is a “blue collar worker” who will earn at least $300 per week. C) The employee will be in charge of at least two or more full-time employees. D) The employee has the authority to hire or fire other employees. E) The employee may suggest or recommend advancement or promotion of other employees.
B) The employee is a “blue collar worker” who will earn at least $300 per week.
2) __________ is an important element of the Fair Labor Standards Act.
A) The disability benefit B) Guaranteed employment C) Permanent employment D) A private pension plan E) The record-keeping requirement
E) The record-keeping requirement
3) The Social Security Act was established to provide __________.
A) provisions for restrictions on child labor B) protection for employee privacy C) unemployment compensation D) policy guidance on employment discrimination E) employment
C) unemployment compensation
4) Which of the following provides requirements for private pension plan
A) The Fair Labor Standards Act B) The Social Security Act C) The Worker Adjustment and Retraining Notification Act D) The Civil Rights Act of 1964 E) The Employment Retirement Income Security Act
E) The Employment Retirement Income Security Act
5) Which of the following topics is addressed by the Fair Labor Standards Act (FLSA)?
A) Disability benefits B) Overtime C) Private pension plans D) Reemployment rights after performing uniformed service E) Workplace safety
B) Overtime
6) Under the Fair Labor Standards Act (FLSA), the overtime pay for workers is __________.
A) a rate that is lower than the minimum wage B) decided by the employer after mutual consent and agreement with the workers C) a rate that is equal to the employer's regular rate of revenues D) variable depending upon the particular job involved E) a rate not less than one and one-half times the employee's regular rate of pay
E) a rate not less than one and one-half times the employee’s regular rate of pay
7) If an employee’s tips combined with their cash wage do not meet the minimum hourly wage, __________.
A) the employee is entitled to work for a reduced number of hours B) the employer must make up the difference (with certain conditions) C) the federal government must make up the difference D) the employee is entitled to be paid for the inconvenience caused along with the difference (with certain conditions) E) the employer is not liable to pay the difference if he or she reduces the number of working hours for the employee
B) the employer must make up the difference (with certain conditions)
8) If the state minimum wage rate is higher than the federal minimum wage rate, then employers __________.
A) are legally required to pay the federal minimum wage rate B) are legally required to pay the federal minimum wage because the state will make up the difference in pay with tax credits C) are legally required to pay the state minimum wage rate D) have the legal right to choose to pay the federal minimum wage rate E) have the legal right to pay the average of the two wage rates
C) are legally required to pay the state minimum wage rate
9) Which of the following statements is true regarding requirements for nursing mothers under the Fair Labor Standards Act (FLSA)?
A) Employers must provide reasonable break time for an employee to express milk each time the employee has the need. B) A private bathroom is a permissible location for expressing milk. C) Employers must continue to provide nursing breaks until the child is 5 years old. D) All employers, regardless of the number of employees, are subject to the break time requirement for nursing mothers. E) Employers are required to compensate nursing mothers for breaks taken for the purpose of expressing milk.
A) Employers must provide reasonable break time for an employee to express milk each time the employee has the need.
10) Which of the following acts provides national policy for governing the union-management relationship?
A) The Social Security Act B) The Fair Labor Standards Act C) The Worker Adjustment and Retraining Notification Act D) The Taft-Hartley Act E) The Employment Retirement Income Security Act
D) The Taft-Hartley Act
11) In determining whether interns should be paid under the Fair Labor Standards Act (FLSA), the U.S. Department of Labor generally considers all of the following factors except __________.
A) The extent to which the internship provides training similar to that given in an educational environment. B) Whether the intern is entitled to a job at the conclusion of the internship. C) Whether the intern has a paid position for another company. D) Whether the intern’s work complements or displaces the work of paid employees. E) The extent to which the internship is tied to the intern’s formal education program.
C) Whether the intern has a paid position for another company.
12) Regarding the Fair Labor Standards Act (FLSA), which of the following statements is true?
A) The FLSA increased penalties to $20,000 for each FLSA violation leading to the serious injury or death of a child worker. B) The FLSA was amended in 2008 to increase penalties against employers who violate child labor laws. C) Repeated or willful violations will triple the fines under the FLSA. D) The number of hours worked by minors under the age of 18 is limited by the FLSA. E) 16 years of age is the minimum age for employment under the FLSA.
B) The FLSA was amended in 2008 to increase penalties against employers who violate child labor laws.
13) If an employer already provides compensated breaks for employees, an employee who uses that break time to express milk __________.
A) is legally entitled to be compensated but at a rate lower than the other employees B) is legally to be compensated using the compensation funds of the other employees C) is legally entitled to stretch the duration of the break time D) is legally required to take a pay cut E) is legally entitled to be compensated in the same way as other employees
E) is legally entitled to be compensated in the same way as other employees
14) Regarding the Worker Adjustment and Retraining Notification (WARN) Act, which of the following statements is true?
A) Employers must give notice to employees that they will be subjected to polygraph tests. B) Employers must give notice to employees that they are being subpoenaed by a court of law. C) Employers must give prior notice to an “at-will” employee that he or she is being fired. D) Employers must give notice of plant closings and mass layoffs to all employees, including part-time workers. E) Employers must give notice to employees that a drug test will be conducted for all employees.
D) Employers must give notice of plant closings and mass layoffs to all employees, including part-time workers.
15) The Worker Adjustment and Retraining Notification (WARN) notice is required of employers with __________.
A) 50 employees working within a 75-mile radius. B) 100 or more employees working at least half-time. C) 300 employees, including both full- and part-time. D) less than 70 half-time employees. E) more than 200 virtual employees.
B) 100 or more employees working at least half-time.
16) Which of the following constitutes a loss of employment under the Worker Adjustment and Retraining Notification (WARN) Act?
A) A disciplinary notice requiring immediate response from an employee B) An extended leave period of more than 10 weeks C) A layoff exceeding six months D) A reduction in an employee’s work time of more than 25 percent in each month for three months E) A transfer leading to a reduction in position and pay
C) A layoff exceeding six months
17) Which of the following statements holds true for a Worker Adjustment and Retraining Notification (WARN) notice in cases involving the sale of a business?
A) Any required notice prior to the sale being completed is the responsibility of the seller. B) The seller of the business holds the responsibility of issuing a WARN notice even after the date of the closing. C) A failure on the part of the seller to issue a WARN notice results in a $1,000 fine. D) The seller has to provide written notice to the federal government at least 90 days before the sale of the business. E) The WARN notice is mandatory every time a business is sold.
A) Any required notice prior to the sale being completed is the responsibility of the seller.
18) Aaron works as a manager at Chewy’s, a restaurant in Mountain State, with 70 other employees. He has been working full time for 22 months. One day his wife calls with some bad news. His father-in-law has been severely injured in a car accident while returning from work. Aaron asks his employer for leave under the Family Medical Leave Act (FMLA). In this scenario, which of the following statements is true?
A) Aaron is entitled to take leave to care for his father-in-law. B) Granting the leave is entirely at the discretion of the employer, who can deny the leave request if it would disrupt business.. C) Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member. D) Aaron is not entitled to the leave because the provisions of the FMLA Act apply only to female employees. E) Aaron is not entitled to the leave because the number of hours he has worked during the preceding 12 months is less than what is required by the act
C) Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member
19) An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked at least __________.
A) 1,500 hours during the previous 12 months B) 1,250 hours during the previous 12 months C) 2,250 hours during the previous 24 months D) 2,500 hours during the previous 12 months E) 3,000 hours during the previous 24 months
B) 1,250 hours during the previous 12 months
20) Wayside Academy is a private school in Mountain State. Wayside employs 50 teachers and 5 aides who all live within 30 miles to run the school and the associated programs all year. Emile worked as a full-time aide in 2015 from January to March, but lived over 100 miles away so he quit. He moved to the local area and was rehired in October 2015. In August 2016, Emile requests to take paternity leave, starting immediately, under the Family and Medical Leave Act. Is Emile an eligible employee and is Wayside a covered employer under the FMLA?
A) Emile is an eligible employee but Wayside is not a covered employer. B) Emile is an eligible employee and Wayside is a covered employer. C) Emile is not an eligible employee but Wayside is a covered employer. D) Emile is not an eligible employee and Wayside is not a covered employer. E) Emile will be an eligible employee in October 2016, but Wayside is a covered employer.
B) Emile is an eligible employee and Wayside is a covered employer.
21) Which of the following statements is true of an employer when an employee is on family medical leave?
A) The employer is entitled to review the actual medical records of the employee. B) The employer may request a medical certification that a qualifying event has occurred in the employee’s life. C) The employer should ensure that the employee is disadvantaged by the fact that the leave was taken. D) The employer can rescind the employee’s job contract when the employee returns to work. E) The employer should refrain from awarding bonus to employees for perfect attendance who were granted leave under the Family and Medical Leave Act (FMLA).
B) The employer may request a medical certification that a qualifying event has occurred in the employee’s life.
22) Which of the following statements is true of the National Defense Authorization Act (FY 2010 NDAA) under the Family and Medical Leave Act?
A) It added that, for qualifying exigency leave, the military member need not be deployed to a foreign country. B) It limited military caregiver leave to employees whose immediate family members are current service members. C) It excluded conditions that do not arise until after a veteran has left the military. D) It modified the definition of a serious injury for current service members and veterans to include injuries that result from a condition that existed before the start of the service member’s active duty service and was aggravated during active duty service. E) It modified military caregiver leave for eligible employees whose family members are Regular Armed Forces, but not those in the National Guard or Reserves.
D) It modified the definition of a serious injury for current service members and veterans to include injuries that result from a condition that existed before the start of the service member’s active duty service and was aggravated during active duty service.
23) All of the following are EEOC best practices recommendations on work/family balance, except?
A) Be aware of and train managers about the legal obligations that may affect decisions about the treatment of workers with care-giving responsibilities. B) Develop, disseminate, and enforce a strong EEO policy that clearly addresses the types of conduct that might constitute unlawful discrimination. C) Ensure that managers at all levels are aware of and comply with the organization’s work/life policies. D) Respond to complaints of caregiver discrimination efficiently and effectively. E) Encourage retaliation in “family responsibilities” discrimination cases.
E) Encourage retaliation in “family responsibilities” discrimination cases.
24) Which of the following statements is true of the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
A) Employers may retaliate against anyone assisting in the enforcement of USERRA rights, provided that person has no service connection. B) The USERRA also contains health insurance provisions. C) Covered individuals who leave a job to perform military service are barred from continuing any existing employer-based health plan coverage. D) For individuals who elect to continue existing employer-based health plan coverage, they have the right to be reinstated in the employer’s health plan when reemployed. E) It applies to all individuals released from service irrespective of whether it was under “honorable conditions” or “dishonorable conditions.”
B) The USERRA also contains health insurance provisions.
