EMEN Flashcards

1
Q

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

A

Minimum wage, Overtime, and Number of hours in the workweek

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2
Q

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.

A

OSHA sets minimum acceptable standards for the states to incorporate in the regulation of workplace safety and health.

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3
Q

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

A

Compulsory retirment of employees

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4
Q

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.

A

Employers are required to set up a pension plan for all full-time permanent employees.

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5
Q

The primary purpose for enacting workers’ compensation statutes was to

A

Enable employees to recover for injuries regardless of negligence.

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6
Q

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

A 45-year-old assistant controller at a tool and die company employing 200 people.

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7
Q

Employers have the right to

A

Require OSHA to obtain a search warrant prior to an inspection of its facilities.

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8
Q

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.

A

Only those employees injured While working within the scope of employment.

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9
Q

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.

A

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.

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10
Q

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.

A

OSHA prohibits an employer from discharging an employee for revealing OSHA violations.

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11
Q

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?

A

The lawsuit will fail. Sun has demonstrated no intent to monopolize; his market share is result of having superior product.

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12
Q

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.

A

An individual who has been discharged from employment because of work-connected misconduct is ineligible for unemployment compensation.

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13
Q

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.

A

The EPA may do either of the above.

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14
Q

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.

A

Some workers may be included within the minimum wage provisions but exempt from the overtime provisions.

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15
Q

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.

A

Sky supervised and controlled the manner in which White performed the services.

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16
Q

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.

A

The injury must arise out of and in the course of employment.

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17
Q

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.

A

I and II

18
Q

If an employee is injured, full workers’ compensation benefits are not payable if the employee

A

Intentionally caused self-inflicted injury.

19
Q

Employers may not be given OSHA citations

A

Failure to provide a risk-free work environment.

20
Q

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.

A

Environmental Protection Agency to enforce with the laws, State suits against violators, and Citizen suits against violators.

21
Q

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.

A

Musgrove remains primarily liable for Tower’s share of FICA taxes if it fails to withhold and pay the taxes on Tower’s wages.

22
Q

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.

A

Both of the above.

23
Q

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.

A

Ral must file a year I FUTA return because it had at least one employee during at least 20 weeks of year I.

24
Q

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

A

Discharge of heated water by nuclear power and Dedging of wetlands

25
Q

McAllister sold some property on which he had caused hazardous waste pollution. Wood, aware of the problem, purchased the land and caused more hazardous waste pollution on the property. Wood also leased the property to Jenk, Who operated a business on it and caused more hazardous waste pollution. The government seeks to clean up the property and hold McAllister, Wood, and Jenk liable for the cleanup costs. It can be established that these three parties were respectively responsible for the following portions of the hazardous waste; one-third, one half, and one-sixth. Which of the following is correct?

a. Jenk can be held liable for at most a small portion of the cleanup costs.
b. Wood must pay all of the costs unless insolvent.
c. McAllister is not liable for any of the cleanup costs.
d. McAllister may be held liable for all of the costs.

A

McAllister may be held liable for all of the costs.

26
Q

Crudweiser Inc. and Borona Ltd. are companies that produce beer. Crudweiser wants to acquire Borona through merger. The merger:

A

Will be challenged by the government if the effect of the merger might substantially lessen competition.

27
Q

An employer who fails to withhold Federal Insurance Contributions Act (FICA) taxes from covered employees’ wages, but who pays both the employer and employee shares would

A

Have right to be reimbursed by the employees for the employees’ share.

28
Q

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), if land is found to be contaminated, which of the following parties would be least likely to be liable for cleanup costs?

A

A minority stockholder of the public corporation that owned the land.

29
Q

Taxes payable under the Federal Unemployment Tax Act (FUTA) are

A

Deductible by the employer as a business expense for federal income tax purposes.

30
Q

Wilk, an employee of Young Corp., was injured by the negligence of Quick, an independent contractor. The accident occurred during regular working hours and in the course of employment. If Young has complied with the state’s workers’ compensation laws, which of the following is correct?

a. Wilk is barred from suing Young or Quick for negligence.
b. The amount of damages Wilk will be allowed to recover from Young will be based on comparative fault.
c. Wilk may obtain workers’ compensation benefits and also properly maintain an action against Quick.
d. Wilk will be denied workers’ compensation if he was negligent in failing to adhere to the written safety procedures.

A

Wilk may obtain workers’ compensation benefits and also properly maintain an action against Quick.

31
Q

Which of the following statements correctly describes the funding of noncontributory pension plans?

a. All of the funds are provided by the employer.
b. All of the funds are provided by the employees.
c. The employer provides of the funds, and each employee contributes 10%.
d. The employer and employee each provide of the funds.

A

All of the funds are provided by the employer.

32
Q

Samuelson, an employee of aitler and Sons, was injured in the course of employment. Which of the following situations would not bar Samuelson from obtaining workers’ compensation benefits under aitler’s workers’ compensation plan?

a. Samuelson was legally intoxicated when the injury occurred.
b. Samuelson intentionally inflicted the injury’ upon himself.
c. Samuelson was engaged in a fistfight with Hastings, a fellow employee, when the injury occurred.
d. The injury was the direct result of Samuelson’s negligence and failure to follow known safety rules.

A

The injury was the direct result of Samuelson’s negligence and failure to follow known safety rules.

33
Q

What types of penalties may be assessed against employers for OSHA violations?

a. Civil and Criminal
b. Civil
c. Criminal
d. Neither

A

Civil and Criminal

34
Q

Which type of job is considered nonexempt with respect to minimum wage and overtime pay provisions of the Fair Labor Standards Act?

a. Professionals
b. Factory line workers
c. Managers
c. Outside salespersons

A

Factory line workers

35
Q

Under Title VI I of the 1964 Civil Rights Act, which of the following forms of discrimination is not prohibited?

a. Religion.
b. Race.
c. Age.
d. Sex

A

Age.

36
Q

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, which of the following parties would be liable to the Environmental Protection Agency (EPA) for the expense of cleaning up a hazardous waste disposal site?

I. The current owner or operator of the site.

Il. The person who transported the wastes to the site.

Ill. The person who owned or operated the site at the time of the disposal.

A

I, II, or III

37
Q

Under the Federal Insurance Contributions Act (FICA) and the Social Securities Act (SSA),

A

The receipt of earned income by a person who is also receiving Social Security retirement benefits may result in a reduction of such benefits

38
Q

Silk was employed at Rosco Corp. as a chauffeur. While in the course of employment, Silk was involved in an automobile accident with Lake who was employed by Stone Corp. as a truck driver. While making a delivery for Stone, Lake negligently drove through a red light, causing the accident with Silk. Both Silk and Lake have received workers’ compensation benefits as a result of the accident. Silk

A

Can recover in full against Lake or Stone, but must reimburse the workers’ compensation carrier to the extent the recovery duplicates benefits already obtained under workers’ compensation laws.

39
Q

Fairfax was employed by Wexford Manufacturing Company as a salaried salesman. While Fairfax was driving a company car on a sales call, a truck owned and operated by Red Van Lines ran a stoplight and collided with Fairfax’s car. Fairfax applied for and received workers’ compensation for the injuries sustained. As a result of receiving workers’ compensation, Fairfax

A

Can recover in full against Red for negligence, but must return any duplication of the workers’ compensation award.

40
Q

The Federal Unemployment Tax Act

A

Permits the employer to take a credit against the federal tax if contributions are made to a state unemployment fund.