Chapter 21

Question 1

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.

Answer 1

B) The employee is a “blue collar worker” who will earn at least $300 per week.

Question 2

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

Answer 2

E) The record-keeping requirement

Question 3

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

Answer 3

C) unemployment compensation

Question 4

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

Answer 4

E) The Employment Retirement Income Security Act

Question 5

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

Answer 5

B) Overtime

Question 6

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

Answer 6

E) a rate not less than one and one-half times the employee’s regular rate of pay

Question 7

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

Answer 7

B) the employer must make up the difference (with certain conditions)

Question 8

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

Answer 8

C) are legally required to pay the state minimum wage rate

Question 9

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.

Answer 9

A) Employers must provide reasonable break time for an employee to express milk each time the employee has the need.

Question 10

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

Answer 10

D) The Taft-Hartley Act

Question 11

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.

Answer 11

C) Whether the intern has a paid position for another company.

Question 12

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.

Answer 12

B) The FLSA was amended in 2008 to increase penalties against employers who violate child labor laws.

Question 13

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

Answer 13

E) is legally entitled to be compensated in the same way as other employees

Question 14

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.

Answer 14

D) Employers must give notice of plant closings and mass layoffs to all employees, including part-time workers.

Question 15

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.

Answer 15

B) 100 or more employees working at least half-time.

Question 16

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

Answer 16

C) A layoff exceeding six months

Question 17

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.

Answer 17

A) Any required notice prior to the sale being completed is the responsibility of the seller.

Question 18

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

Answer 18

C) Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member

Question 19

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

Answer 19

B) 1,250 hours during the previous 12 months

Question 20

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.

Answer 20

B) Emile is an eligible employee and Wayside is a covered employer.

Question 21

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).

Answer 21

B) The employer may request a medical certification that a qualifying event has occurred in the employee’s life.

Question 22

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.

Answer 22

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.

Question 23

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.

Answer 23

E) Encourage retaliation in “family responsibilities” discrimination cases.

Question 24

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.”

Answer 24

B) The USERRA also contains health insurance provisions.

Question 25

25) Which of the following is true of the Occupational Safety and Health Administration (OSHA)?

A)   Employees do not have the right to request an OSHA inspection.	
B)   Employees making complaints who are subjected to discrimination are prohibited from filing a complaint with OSHA.
C)   There is no private cause of action under OSHA.
D)   An employee can sue an employer for damages based on an OSHA violation.
E)   OSHA ended the Severe Violator Enforcement Program (SVEP).

Answer 25

C) There is no private cause of action under OSHA.

Question 26

26) The Health Insurance Portability and Accountability Act __________.

A)   provides that employees may continue to purchase health insurance even after their employment is terminated	
B)   exempts health insurance companies from the federal antitrust legislation that applies to most businesses
C)   protects employees who have preexisting health conditions when they change jobs
D)   calls for the creation of a universal single-payer health care system in the United States
E)   ensures that elderly and needy individuals receive proper medical care

Answer 26

C) protects employees who have preexisting health conditions when they change jobs

Question 27

27) Ellen received health insurance through her employer. One year after starting her job, she was diagnosed with cancer and underwent treatment. The insurance company believed it would be too expensive to insure her and rescinded her coverage. The insurance company likely violated the ________.

A)   Family Medical Leave Act (FMLA)	
B)   Fair Labor Standards Act (FLSA)
C)   Occupational Safety and Health Act (OSHA)
D)   Patient Protection and Affordable Care Act (Affordable Care Act)
E)   Uniformed Services Employment and Reemployment Rights Act (USERRA)

Answer 27

D) Patient Protection and Affordable Care Act (Affordable Care Act)

Question 28

28) Which of the following acts is directed at protecting employees’ ability to purchase health insurance even after their employment is terminated?

A)   The Consolidated Omnibus Budget Reconciliation Act (COBRA)	
B)   The Family Medical Leave Act (FMLA)
C)   The Fair Labor Standards Act (FLSA)
D)   The Employment Retirement Income Security Act (ERISA)
E)   The Worker Adjustment and Retraining Notification (WARN) Act

Answer 28

A) The Consolidated Omnibus Budget Reconciliation Act (COBRA)

Question 29

29) The concept of hiring employees for an indefinite period and discharging them without cause at any time is called the __________.

	A)   Workers Termination Policy	
	B)   Fair Labor Standards Act
	C)   Labor-Management Relations Act
	D)   Employment-at-will doctrine
	E)   Worker Adjustment and Retraining Notification (WARN) Act

Answer 29

D) Employment-at-will doctrine

Question 30

30) Employers are prohibited from firing employees for union activities under the __________.

	A)   common law	
	B)   Fair Labor Standards Act
	C)   Labor-Management Relations Act
	D)   Labor Rights Act
	E)   Worker Adjustment and Retraining Notification (WARN) Act

Answer 30

C) Labor-Management Relations Act

Question 31

31) Lily has been working at Fasching and Company for six years. Her pension plan will vest at her seven-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The Chief Financial Officer (CFO) has determined that cost-cutting is needed to keep the company profitable. He recommends that Lily be fired before her pension vests and becomes a permanent liability against the corporation. According to the __________, the company cannot fire her to prevent her from getting vested pension rights.

A)   Consolidated Omnibus Budget Reconciliation Act (COBRA)	
B)   Health Insurance Portability and Accountability Act (HIPAA)
C)   Immigration Reform and Control Act (IRCA)
D)   Employee Retirement Income Security Act (ERISA)
E)   Fair Labor Standards Act (FLSA)

Answer 31

D) Employee Retirement Income Security Act (ERISA)

Question 32

32) The Age Discrimination in Employment Act forbids age-based discharge of employees over the age of __________.

	A)   35	
	B)   40
	C)   45
	D)   50
	E)   60

Answer 32

B) 40

Question 33

33) Which of the following holds true for the Fair Labor Standards Act?

A)   It forbids discharge for exercising rights guaranteed by minimum-wage and overtime provisions of the act.	
B)   It prohibits discharge of employees due to garnishment of wages for any one indebtedness.
C)   It forbids discharge of employees for service on federal grand or petit juries.
D)   It prohibits discharge to prevent employees from getting vested pension rights.
E)   It forbids age-based discharge of employees over age 40.

Answer 33

A) It forbids discharge for exercising rights guaranteed by minimum-wage and overtime provisions of the act.

Question 34

34) Which of the following holds true for the Internal Revenue Service (IRS) Whistleblowers Rewards Program?

A)   To be eligible to recover compensation from the IRS, a person must bring information to the Department of Justice.	
B)   The whistleblower may receive compensation only from monies actually collected based on the information provided.
C)   The whistleblower reward is based on total collected proceeds, which excludes penalties, interest, additions to tax, and additional amounts.
D)   The whistleblower reward is independent of their contribution to the prosecution.
E)   Under no circumstances does the IRS have the right to lower the amount of the reward given to the whistleblower.

Answer 34

B) The whistleblower may receive compensation only from monies actually collected based on the information provided.

Question 35

35) The discharge of an employee for reporting the employer’s alleged violations of law is known as __________.

	A)   whistleblowing	
	B)   affirmative action
	C)   ratification
	D)   benchmarking
	E)   accommodation

Answer 35

A) whistleblowing

Question 36

36) A polygraph test may be legally used __________.

A)   by public security companies to test both job applicants and current employees	
B)   by most private employers as a result of a specific incident that caused economic injury to the employer’s business
C)   when all public employers are screening job applicants
D)   by most public employers to screen job applicants
E)   when senior employees are being transferred to a different department within a firm

Answer 36

B) by most private employers as a result of a specific incident that caused economic injury to the employer’s business

Question 37

37) Under the Employee Polygraph Protection Act, __________.

A)   employers cannot be sued by employees for violating the act	
B)   private employers are permitted to use lie detector tests while screening job applicants
C)   current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer
D)   private security companies are prevented from using lie detector tests while screening job applicants
E)   current employees are refrained from being tested, even in cases involving distinct incidents that cause loss to an employer’s business

Answer 37

C) current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer

Question 38

38) Public employees are protected from some drug testing by the __________ Amendment’s prohibition against unreasonable searches.

	A)   First	
	B)   Fifth
	C)   Fourth
	D)   Tenth
	E)   Seventeenth

Answer 38

C) Fourth

Question 39

39) Under the common law __________ defense, a worker could not recover damages when the employer negligently permitted a hazardous condition to persist and the worker was aware of the danger.

	A)   assumption of the risk	
	B)   exclusive remedy rule
	C)   fellow-servant rule
	D)   proportionate liability
	E)   shelter rule

Answer 39

A) assumption of the risk

Question 40

40) Under common law, if an injury was caused by the carelessness of the employee and the employer, the employee would be unable to recover damages because of the __________ defense.

	A)   assumption of the risk	
	B)   exclusive remedy rule
	C)   fellow-servant rule
	D)   contributory negligence
	E)   shelter rule

Answer 40

D) contributory negligence

Question 41

41) Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the __________ defense.

	A)   assumption of the risk	
	B)   exclusive remedy rule
	C)   fellow-servant rule
	D)   contributory negligence
	E)   shelter rule

Answer 41

C) fellow-servant rule

Question 42

42) Under workers’ compensation laws, __________.

A)   liability does not require an association between the injuries and the business of the employer	
B)   liability exists only if there is lack of negligence or fault
C)   the compensation paid to the workers excludes medical benefits
D)   employers may pass the costs of injuries on to the consumers, treating them as part of the costs of production
E)   the three common law employer defenses are strengthened

Answer 42

D) employers may pass the costs of injuries on to the consumers, treating them as part of the costs of production

Question 43

43) The __________ states that an employee’s sole remedy against an employer for workplace injury or illness shall be workers’ compensation.

	A)   assumption of the risk rule	
	B)   exclusive remedy rule
	C)   fellow-servant rule
	D)   contributory negligence rule
	E)   shelter rule

Answer 43

B) exclusive remedy rule

Question 44

44) The __________ is the documentation used by employers to protect against unjustified employee lawsuits.

	A)   employee manual	
	B)   paper fortress
	C)   written warning
	D)   job description
	E)   policy handbook

Answer 44

B) paper fortress