EMEN Flashcards
Under the Federal Fair Labor Standards Act, which of the following would be regulated?
a. Minimum wage, Overtime, and Number of hours in the workweek
b. Minimum wage and Number of hours in the workweek
c. Minimum wage and Overtime
d. Overtime and Number of hours in the workweek
Minimum wage, Overtime, and Number of hours in the workweek
Which of the following statements best describes the relationship between the Occupational Safety and Health Administration (OSHA) regulation and OSHA-approved state regulation of the safety and health of the work environment?
a. OSHA standards preempt any corresponding state standards.
b. OSHA requires the states to identically adopt its standards and regulations.
c. OSHA discourages state participation in safety and health regulation so as to standardize and enforce the administration of workplace safety and health at the federal level.
d. OSHA sets minimum acceptable standards for the states to incorporate in the regulation of workplace safety and health.
OSHA sets minimum acceptable standards for the states to incorporate in the regulation of workplace safety and health.
Under the Federal Age Discrimination in Employment Act, which of the following practices would be prohibited?
a. Compulsory retirement of employees below the age of 65 and Termination of employees between the ages of 65 and 70 for cause.
b. Compulsory retirment of employees
c. Termination of employees between the ages of 65 and 70 for cause
d. Neither
Compulsory retirment of employees
Which of the following statements concerning the Employee Retirement Income Security Act of 1974 is incorrect?
a. Pension fund managers must follow standards of pension fund investment.
b. In general, an employee’s right to the employer’s contributions vests after 5 years of service.
c. Employers are required to set up a pension plan for all full-time permanent employees.
d. In general, an employee’s right to the employee’s contributions vests immediately.
Employers are required to set up a pension plan for all full-time permanent employees.
The primary purpose for enacting workers’ compensation statutes was to
Enable employees to recover for injuries regardless of negligence.
To which of the following people does the 1967 Age Discrimination in Employment Act apply?
a. A 52-year-old waitress at a cafe employing 12 people.
b. A 45-year-old assistant controller at a tool and die company employing 200 people.
c. A Is-year-old checkout clerk at a grocery store employing 40 people.
d. A 38-year-old mechanic in an auto shop employing 15 people.
A 45-year-old assistant controller at a tool and die company employing 200 people.
Employers have the right to
Require OSHA to obtain a search warrant prior to an inspection of its facilities.
Workers’ compensation benefits are available to which of the following parties?
a. Only those employees injured while working on workplace premises.
b. All agents injured While commuting to and from work.
c. Only those employees injured While working within the scope of employment.
d. All agents injured while using the employer’s automobile for personal use.
Only those employees injured While working within the scope of employment.
Which of the following is true under the Family and Medical Leave Act?
a. This Act covers employees of all corporations and partnerships.
b. The employee has the right to up to 12 workweeks of paid leave to care for his or her newborn baby.
c. The employee has the right to up to 12 workweeks of unpaid leave to care for his or her spouse who has a serious health problem.
d. The employee has the right to up to 12 workweeks of paid leave for the employee’s own serious medical problems.
The employee has the right to up to 12 workweeks of unpaid leave to care for his or her spouse who has a serious health problem.
Which of the following statements is correct regarding the scope and provisions of the Occupational Safety and Health Act (OSHA)?
a. OSHA preempts state regulation of workplace safety.
b. OSHA requires employers to provide employees a workplace free from risk.
c. OSHA prohibits an employer from discharging an employee for revealing OSHA violations.
d. OSHA may inspect a workplace at any time regardless of employer objection.
OSHA prohibits an employer from discharging an employee for revealing OSHA violations.
Eddy Sun created a new solar power light bulb that was substantially less expensive than any other light bulbs in the marketplace. As a result of the low cost of the bulb and the low cost to use the bulb, Sun’s bulb soon gained 80% of the light bulb market. Sun’s market share was a direct result of consumers simply demanding Sun’s light bulb because it was the most cost efficient bulb available. Nevertheless, one of Sun’s competitors has sued Sun for engaging in monopolization, a violation of Section 2 of the Sherman Act. What is the likely outcome of the lawsuit?
The lawsuit will fail. Sun has demonstrated no intent to monopolize; his market share is result of having superior product.
In general, which of the following statements is correct with respect to unemployment compensation?
a. The maximum amount of weekly unemployment compensation payments made by a state is determined by federal law.
b. An employee Who is unable to work because of a disability is entitled to unemployment compensation.
c. The maximum period during which unemployment compensation may be collected is uniform throughout the United States.
d. An individual who has been discharged from employment because of work-connected misconduct is ineligible for unemployment compensation.
An individual who has been discharged from employment because of work-connected misconduct is ineligible for unemployment compensation.
Wall Corporation has violated the Clean Air Act. The Environmental Protection Agency may do which of the following against Wall?
a. Assess a civil penalty equal to the amount that Wall saved in costs by not complying with the Clean Air Act.
b. Assess civil penalties in the amount provided by statute.
c. The EPA may not dc either of the above.
d. The EPA may do either of the above.
The EPA may do either of the above.
Which of the following statements is correct under the Federal Fair Labor Standards Act?
a. Some workers may be included within the minimum wage provisions but exempt from the overtime provisions.
b. Some workers may be included within the overtime provisions but exempt from the minimum wage provisions.
c. All workers are required to be included within both the minimum wage provisions and the overtime provisions.
d. Possible exemptions from the minimum wage provisions and the overtime provisions must be determined by the union contract in effect at the time.
Some workers may be included within the minimum wage provisions but exempt from the overtime provisions.
Jay White, an engineer, entered into a contract with Sky, Inc. agreeing to provide Sky with certain specified consulting services. After performing the services, White was paid pursuant to the contract but social security taxes were not withheld from his check since Sky considered White an independent contractor. The IRS has asserted that White was an employee and claims that a deficiency exists due to Sky’s failure to withhold and pay Social Security taxes. Which of the following factors is most likely to support the IRS’s position that White is an employee?
a. White provided his own office and supplies.
b. Sky reserved the right to inspect White’s work.
c. White was paid in one lump sum after all the services were performed.
d. Sky supervised and controlled the manner in which White performed the services.
Sky supervised and controlled the manner in which White performed the services.
Which of the following is required in order for an employee to recover under compulsory state workers’ compensation statute?
a. The injury must occur while the employee is engaged in interstate commerce.
b. The injury’ must arise cut of the negligence of the employer or fellow employee.
c. The employee must be free from any wrongdoing.
d. The injury must arise out of and in the course of employment.
The injury must arise out of and in the course of employment.
Under the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), which of the following statements is(are) correct regarding employee rights?
I. Employers are required to establish either a contributory or noncontributory employee pension plan.
II. Employers are required to include employees as pension-plan managers.
I and II
If an employee is injured, full workers’ compensation benefits are not payable if the employee
Intentionally caused self-inflicted injury.
Employers may not be given OSHA citations
Failure to provide a risk-free work environment.
Which of the following remedies is available against real-property owner to enforce the provisions of federal acts regulating air and water pollution?
a. Environmental Protection Agency to enforce with the laws, State suits against violators, and Citizen suits against violators.
b. Environmental Protection Agency to enforce with the laws and State suits against violators
c. State suits against violators and Citizen suits against violators.
d. Environmental Protection Agency to enforce with the laws and Citizen suits against violators.
Environmental Protection Agency to enforce with the laws, State suits against violators, and Citizen suits against violators.
Tower drives a truck for Musgrove Produce, Inc. The truck is owned by Musgrove. Tower is paid on the basis of a formula that takes into consideration the length of the trip, cargo, and fuel consumed. Tower is responsible for repairing or replacing all flat tires. Musgrove is responsible for all other truck maintenance. Tower drives only for Musgave. If Tower is a common-law employee and not an independent contractor, which of the following statements is correct?
a. Bonuses or vacation pay that are paid to Tower by Musgrove are not subject to FICA taxes because they are not regarded as regular compensation.
b. All social security retirement benefits are fully includible in the determination of Tower’s federal taxable income if certain gross income limitations are exceeded.
c. Musgrove would not have to withhold FICA taxes if Tower elected to make FICA contributions as a self-employed person.
d. Musgrove remains primarily liable for Tower’s share of FICA taxes if it fails to withhold and pay the taxes on Tower’s wages.
Musgrove remains primarily liable for Tower’s share of FICA taxes if it fails to withhold and pay the taxes on Tower’s wages.
Which of the following remedies is(are) allowed when company is found to have violated the Age Discrimination in Employment Act when firing an employee covered under the Act?
a. Reinstatement of the employee to his or her job.
b. Both of the above.
c. Neither of the above.
d. Back pay for wages lost.
Both of the above.
For the entire year, year I, Ral Supermarket, Inc. conducted its business operations without any permanent or full-time employees. Ral employed temporary and part-time workers during each of the 52 weeks in the year. Under the provisions of the Federal Unemployment Tax Act (FUTA), which of the following statements is correct regarding Ral’s obligation to file a federal unemployment tax return for year I?
a. Ral must file year I FUTA return only if aggregate wages exceeded $100,000 during year I.
b. Ral must file a year I FUTA return because it had at least one employee during at least 20 weeks of year I.
c. Ral does not have to file a year I FUTA return because it had no permanent or full-time employees in year I.
d. Ral is obligated to file year I FUTA return only if at least one worker earned $50 or more in any calendar quarter of year I.
Ral must file a year I FUTA return because it had at least one employee during at least 20 weeks of year I.
Which of the following activities is(are) regulated under the Federal Water Pollution Control Act (Clean Water Act)?
a. Discharge of heated water by nuclear power and Dedging of wetlands
b. Discharge of heated water by nuclear power
c. Dredging of wetlands.
d. Neither
Discharge of heated water by nuclear power and Dedging of wetlands
