Exam 4 - Review Q's

Question 1

The law with the greatest effect on employee pay regulating wages and hours is:

a) The Fair Labor Standards Act
b) The Federal Wage and Hour Act
c) The Consolidated Omnibus Budget Reconciliation Act
d) 1985 Occupational Safety and Health Act

Answer 1

a) The Fair Labor Standards Act

Question 2

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides which of the following for employees who lose their jobs?

a. They continue to receive minimum benefits until they find a new job.
b. They must fill out appropriate paperwork within a specified period of time after employment separation and submit it to the employer.
c. They remain eligible to receive benefits under the company’s plan for up to 18 months by paying premiums plus an administration fee.
d. Both b and c
e. None of the above

Answer 2

d) Both b and c

Question 3

Which of the following statements is true about workers compensation laws?

a. They are governed solely by federal laws.
b. They are governed by state laws.
c. They are enforced by both federal and state agencies.
d. They are executed and enforced by a central federal agency.

Answer 3

b) They are governed by state laws

Question 4

Which of the following best describes the Workers Compensation no-fault element?

a. The employer must prove it was not its fault that the employee was injured outside of his or her job site.
b. The employer must prove it was not at fault to avoid liability for the employee’s injury.
c. Employees who are not at fault receive a higher award if they were injured on the job versus those who were injured off the job.
d. Coverage does not depend on whether the injury was caused by the employer’s fault.

Answer 4

d) Coverage does not depend on whether the injury was caused by the employer’s fault

Question 5

Which of the following is true about the Family and Medical Leave Act?

a. Public employers only
b. Eligible employees must be provided with leave of up to 12 weeks in any 12-month period
c. It applies to all public and private employers of 50 or more employees
d. Both b and c
e. All of the above

Answer 5

d) Both b and c

Question 6

All of the following are categorized as hazardous industries when considering workplace safety except:

a. Agriculture
b. Oil drilling
c. Mining
d. Construction
e. Service industries

Answer 6

e) Service industries

Question 7

The National Institute for Occupational Safety and Health (NIOSH) is responsible for all of the:

a. Hold hearings on compliance issues arising from OSHA inspections
b. Publicize its findings regarding occupational hazards
c. Develop controls to prevent occupational accidents
d. Identify occupational health and safety problems

Answer 7

a) Hold hearings on compliance issues arising from OSHA inspections

Question 8

Which of the following is the most common type of pre-employment testing?

a. Random workplace testing during normal business hours
b. Testing during physical exams
c. Drug testing
d. State-mandated testing

Answer 8

c) Drug Testing

Question 9

To recover under workers’ compensation law, the injured person must demonstrate that he or she was an independent contractor at the time of the injury. T/F

Answer 9

False

Question 10

Disparate treatment occurs when one individual is treated less favorably than another because of color, race, religion, sex, or national origin. T/F

Answer 10

True

Question 11

Sexual harassment laws do not apply to same-sex harassment. T/F

Answer 11

False

Question 12

With respect to disabled employees, the Americans with Disabilities Act of 1991 (ADA) requires employers to:

a. Make reasonable accommodations for the specific and known disability unless the accommodation would impose an undue burden on the employer’s business.
b. Hire disabled employees regardless of their qualifications.
c. Make special accommodations for all disabilities.
d. Make reasonable accommodations for all disabilities regardless of the burden placed on the employer’s business.

Answer 12

a) Make reasonable accommodations for the specific and known disability unless the accommodation would imposed an undue burden on the employer’s business

Question 13

The Equal Pay Act of 1963 was passed for which of the following purposes?

a. Prevent wage discrimination based on race and national origin
b. Prevent wage discrimination based on race
c. Prevent wage discrimination based on gender
d. Prevent wage discrimination based on age, race, sex, and national origin

Answer 13

c) Prevent wage discrimination based on gender

Question 14

The Civil Rights Act of 1964 applies to all of the following groups except:

a. The U. S. government
b. Labor unions
c. Indian tribes
d. Employers with fewer than 15 employees
e. It applies to all employers

Answer 14

d) Employers with fewer than 15 employees

Question 15

Which of the following represents a valid Bonafied Occpational Qualification?

a. It is imperative that the applicant speak fluent Mandarin
b. Customers would prefer a male in that position
c. It would be inconvenient to have to interview both males and females
d. Tasks of the job involve “female” work
e. None of the above

Answer 15

a) It is imperative that the applicant speak fluent Mandarin

Question 16

Which of the following federal agencies handles workplace violations under Title VII?

a. Occupational Safety and Health Administration (OSHA)
b. Fair Labor Standards Board (FLSB)
c. Equal Employment Opportunity Commission (EEOC)
d. National Labor Relations Board (NLRB)
e. All of the above

Answer 16

c) Equal Employment Opportunity Commission (EEOC)

Question 17

The Age Discrimination in Employment Act of 1967 (ADEA) protects workers who have reached the age of:

a. 45
b. 40
c. 65
d. It protects workers of all ages.

Answer 17

b) 40

Question 18

An environmental impact statement (EIS) is required for all of the following except:

a. when the proposed activity would have a significant impact on the human environment.
b. when the proposed activity is federal in nature
c. when the proposed activity involves significant commitment of resources.
d. when the proposed activity involves air as opposed to water

Answer 18

d) when the proposed activity involves air as opposed to water

Question 19

All agencies of the federal government must consider environmental factors when making significant decisions. T/F

Answer 19

True

Question 20

Those who violate the Clean Water Act may be subject to civil and criminal penalties. T/F

Answer 20

True

Question 21

All of the following must be included in an Environmental Impact Statement (EIS) except for:

a. Adverse environmental effects that cannot be avoided
b. Alternatives to the proposed action
c. The need for the proposed action
d. Resources required to complete the research necessary to prepare the EIS
e. All of the above

Answer 21

d) Resources required to complete the research necessary to prepare the EIS

Question 22

The Federal Water Pollution Control Act (FWPCA) focuses on:

a. The quality of drinking water.
b. The quality of water in U.S. navigable and non-navigable waters.
c. The quality of all water
d. None of the above

Answer 22

b) The quality of water in US navigable and non-navigable waters

Question 23

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
II. The person who transported the waste to the site
III. The person who owned or operated the site at the time of the disposal

a. I and II
b. I and III
c. II and III
d. I, II, and III

Answer 23

d) I, II, and III

Question 24

Lake Tahoe, CA, authorities pass an ordinance to regulate waste disposal. The disposal of waste may also be regulated by:

a. all other levels of government.
b. no other levels of government.
c. the federal government only.
d. the California state government only.

Answer 24

a) All other levels of government

Question 25

Western Electric plans to build a nuclear power plant on private land, for which a federal permit is required. Western Electric must also file a(n):

a. en­viron­mental impact statement.
b. special permit signed by the local residents.
c. an audit conducted by the Environmental Protection Agency.
d. all of the above.

Answer 25

a) environmental impact statement

Question 26

The main goals of the US Bankruptcy Code is to:

a. Garnish debtors’ wages.
b. Provide unemployment compensation for debtors in financial jeopardy.
c. Give creditors a fresh financial start.
d. Give consumer-debtors a fresh financial start

Answer 26

d) Give consumer-debtors a fresh financial start

Question 27

A security interest can be perfected without the filing of a financing statement. T/F

Answer 27

True

Question 28

A security agreement must contain a description of the collateral in order to be valid. T/F

Answer 28

True

Question 29

The main duty of a bankruptcy trustee is to liquidate the debtor’s es­tate as quickly as possible. T/F

Answer 29

True

Question 30

Before a discharge is granted, a debtor can transfer property or make a payment in preference to one creditor over another. T/F

Answer 30

False

Question 31

The main purpose of Chapter 11 of the Bankruptcy Reform Act is to:

a. Allow creditors time to reorganize their finances while waiting for debtors to pay.
b. Allow businesses to reorganize and continue to function while arranging for the discharge of their debts. c. Allow consumer-debtors to reorganize their financial affairs.
d. Provide an exemption from lawsuits against creditors in financial need.

Answer 31

b) Allow businesses to reorganize and continue to function while arranging for the discharge of their debts

Question 32

The main purpose of the Fair Debt Collection Act is:

a. Prevent the harassment of consumer-debtors at their place of home or work
b. To ensure each debtor understands all the methods of repaying debt.
c. To limit the amount of debt collected from each debtor.
d. To provide for more efficient collection of outstanding debt

Answer 32

a) Prevent the harassment of consumer-debtors at their place of home or work

Question 33

Which of the following is the main goal of the Truth-in-Lending Act of 1969?

a. Require consumers to obtain a credit history report.
b. Require lenders to make credit decisions based on credit information within 60 days of application
c. Provide information to consumers in order to compare the credit terms of various financial institutions
d. Give lenders access to consumers’ credit reports

Answer 33

c) Provide information to consumers in order to compare the credit terms of various financial institutions

Question 34

Security Bank is holding a past-due mortgage debt for Brown, a consumer. Security Bank brings a legal action against Brown to collect the debt asking the court to order the sale of the mortgaged property to pay the debt. Essentially, Security Bank is initiating

a. a debt judgment.
b. a sheriff’s deed
c. a foreclosure.
d. a redemption.

Answer 34

c) a foreclosure

Question 35

A contractor installed plumbing in a newly-constructed house. If he is not paid for his work, he has the right to:

a. place a contractor’s lien on the property.
b. foreclose the property.
c. take over the property
d. place a mechanic’s lien on the property.
e. all of the above

Answer 35

d) place a mechanic’s lien on the property