Mod 33 Regulation Of Employment & Environment Flashcards
1
Q
Federal Insurance Contribution Act (FICA):
FICA includes benefits for…4
A
1 old age
2 survivors
3 disability
4 hospital insurance
2
Q
Federal Insurance Contribution Act (FICA):
Hospital insurance under FICA
A
Includes Medicare (but not Medicaid)
3
Q
Federal Insurance Contribution Act (FICA):
Can collect…
A
Can collect more than was contributed
4
Q
Federal Insurance Contribution Act (FICA):
Can get more benefits if…
A
Mothering was contributed
5
Q
Federal Insurance Contribution Act (FICA):
Taxable benefits
A
Up to 85% of benefits can be taxable if certain income levels are exceeded
6
Q
Federal Insurance Contribution Act (FICA):
Benefits are reduced if…
2) what does not reduce benefits?
A
Earned income is too high once threshold level is exceeded
2) unearned income doesn’t reduce benefits
7
Q
Federal Insurance Contribution Act (FICA):
Can receive benefits even if also…
A
Receiving payments from private pension plan
8
Q
Federal Insurance Contribution Act (FICA):
Tax is paid by…3
A
1 employer
2 employee
3 self employed
9
Q
Federal Insurance Contribution Act (FICA):
Wages are broadly interpreted
A
Includes almost all types of earned compensation
10
Q
Unearned income is…
A
Not subject to FICA tax
11
Q
Federal Insurance Contribution Act (FICA):
Employee’s share of tax is…
A
Withheld by employer
12
Q
Federal Insurance Contribution Act (FICA):
Failure of employer to withhold…
A
Makes employer liable for employee’s share
13
Q
Federal Insurance Contribution Act (FICA):
There is a right to reimbursement by employee if…
A
Employer pays employee’s share
14
Q
Federal Insurance Contribution Act (FICA):
Deductible to employer
A
Deductible to employer if they voluntarily pay employee’s share
15
Q
Federal Insurance Contribution Act (FICA):
Employer must match…
A
Employee’s payment
16
Q
Federal Insurance Contribution Act (FICA):
Employer must match employee’s payment, therefor it is…2
A
1 deductible by employer
2 not deductible by employee
17
Q
Federal Insurance Contribution Act (FICA):
Employer must make timely FICA deposits and…
A
Supply taxpayer ID number
18
Q
Federal Insurance Contribution Act (FICA):
Self employed pay a tax equal to…2
A
1 Total contributed by employer and employee
2 tax is based on net profit, not gross earnings
19
Q
What does FUTA stand for?
A
Federal Unemployment Tax Act
20
Q
Federal Unemployment Tax Act (FUTA):
Provides unemployment benefits
A
Can collect more than was contributed
21
Q
Federal Unemployment Tax Act (FUTA):
To receive unemployment benefits the individual must be…2
A
1 unemployed through no fault of their own and
2 willing and able to work
22
Q
Federal Unemployment Tax Act (FUTA):
Administered by…2
A
1 The states
2 but federal law provides general guidelines and standards
23
Q
Federal Unemployment Tax Act (FUTA):
Who is the tax paid by?
A
Paid by employer (not the employee)
24
Q
Federal Unemployment Tax Act (FUTA):
Current rate on FUTA
A
6.2% of the first $7,000 in wages
25
Federal Unemployment Tax Act (FUTA):
FUTA applies to any employer who...2
1 paid $1,500 in wages during any calendar quarter or
2 had one or more employees for 20 weeks during calendar year
26
Federal Unemployment Tax Act (FUTA):
Who is it deductible by?2
1 deductible by employer
2 not deductible by employee
27
Federal Unemployment Tax Act (FUTA):
A credit is available to employers against the federal unemployment tax for...2
1 Contributions made to state unemployment funds
2 credit can't exceed 5.4%
28
Worker's Compensation
Provides benefits to employees injured in scope of employment
29
Worker's Compensation is...
State administered
30
Worker's Compensation:
Employers are...
Strictly liable without regard to their fault
31
Worker's Compensation:
Must provide coverage to...2
1 all eligible employees
2 can't be waived by employee
32
Worker's Compensation:
Tax is paid by...2
1 employer
2 not paid by employee
33
Worker's Compensation:
Benefits are based on...2
1 Employee's injury
2 not based on employee's pay
34
Worker's Compensation:
Injuries include...
Any job related injury or disease
35
Worker's Compensation:
Job related injury or disease examples 3
1 occupational diseases
2 employment aggravation
3 pre-existing problem
36
Worker's Compensation:
Employee's negligence or assumption of risk...
Doesn't bar recovery
37
Worker's Compensation:
3 employee actions that bar recovery
1 fighting
2 intoxication
3 self inflicted wounds
38
Worker's Compensation:
2 parties that aren't covered
1 independent contractors
2 agricultural workers
39
Worker's Compensation:
Cannot sue employer unless...
Employer intentionally injured employee
40
Worker's Compensation:
But you can sue...
3rd parties and receive workers compensation
41
Worker's Compensation:
An insurance carrier will recover back...
Any duplication of workers' compensation award
42
What does OSHA stand for?
Occupational Safety and Health Act
43
Occupational Safety and Health Act (OSHA):
Administered by...
Occupational Safety and Health Adminstration
44
Occupational Safety and Health Act (OSHA):
Administered by Occupational Safety and Health Administration to establish...
Safety and health standards for employees and the work place
45
Occupational Safety and Health Act (OSHA):
Can inspect workplace for violations either...2
1 at employee's request or
2 on their own
46
Occupational Safety and Health Act (OSHA):
An employer can't...
Can't retaliate against employee for reporting violations
47
Occupational Safety and Health Act (OSHA):
Employer can require...2
1 a search warrant
2 OSHA would have to show probable cause
48
Occupational Safety and Health Act (OSHA):
Penalties 3
OSHA can issue citations, impose fines and civil penalties
49
Occupational Safety and Health Act (OSHA):
OSHA can obtain temporary injunctions...
If there is great risk of harm
50
What does FICA stand for?
Federal Insurance Contribution Act
51
Occupational Safety and Health Act (OSHA):
Criminal penalties are available if...
Willful violation causes death
52
States can also...2
1 Regulate safety and health
2 OSHA sets minimum standards only
53
Title IIV of Civil Rights Act:
Prohibits discrimination in employment based on...5
```
1 race
2 color
3 religion
4 sex or
5 national origin
```
54
Title IIV of Civil Rights Act does not cover...
Age
55
Title IIV of Civil Rights Act:
Is administered and enforced by...
Equal Employment Opportunity Commission (EEOC)
56
Equal Employment Opportunity Commission (EEOC)
Can enjoin employer from...
Engaging in unlawful behavior
57
Equal Employment Opportunity Commission (EEOC)
Can file...2
1 civil suit in federal court or
2 intervene in suits by private individuals
58
Equal Employment Opportunity Commission (EEOC)
Can force...2
1 reinstatement of employee and
2 award back pay
59
Equal Employment Opportunity Commission (EEOC)
Can't impose...
Can't impose criminal penalties without court action
60
Title IIV of Civil Rights Act:
Also permits private...
Private lawsuits by individuals harmed
61
What does ADEA stand for?
Age Discrimination Employment Act
62
Age Discrimination Employment Act (ADEA):
Covers workers ages...
2) and employers with...
Age 40 to 70
2) employers with 19 or more workers
63
Age Discrimination Employment Act (ADEA):
Mandatory retirement 2
1 Prohibits mandatory retirement below age of 70
| 2 unless age requirement is a reasonable business necessity
Police, fire department
64
Age Discrimination Employment Act (ADEA):
Remedies
1 injunctive relief and
2 back pay
3 do not include early retirement
65
Discrimination of handicapped acts cover both...
Physical and mental handicap
66
Rehabilitation Act of 1973
Employers with federal contracts of $2,500+ must take affirmative action to hire qualified handicapped workers
67
Americans with Disabilities Act covers...
Almost all employers
68
Americans with Disabilities Act 2
1 can't discriminate if employee can do basic job
2 prohibits discrimination in public transportation and public accommodations
69
Equal Pay for Equal Work Act
Prohibits sex discrimination
70
Equal Pay for Equal Work Act:
If sex discrimination exists...2
1 The woman's pay is raised
2 the man's pay is not lowered
71
Valid defenses to alleged employment discrimination 4
1 reasonable business necessity
2 national security
3 professionally developed ability test
4 seniority or merit system
72
Bona Fide Occupational Qualification 2
1 permits discrimination for reasonable business necessity
2 can't use this defense for discrimination based on race or color
73
What does FLSA stand for?
Federal Fair Labor Standards Act
74
Federal Fair Labor Standards Act (FLSA) 3
1 Prohibits employment of children under age 14
2 minimum wage and time and a half for work over 40 hours
3 enforced by department of labor
75
Federal Fair Labor Standards Act (FLSA):
Prohibits employment of children under age 14. Exceptions 4
1 agricultural workers
2 newspaper carriers
3 child actors
4 children employed by parents
76
Federal Fair Labor Standards Act (FLSA):
Children 14 and 15 years old
Can work limited hours if work is nonhazardous
77
Federal Fair Labor Standards Act (FLSA):
Minimum wage and time and a half for work over 40 hours. May get...
Piece rate instead of hourly rate if appropriate
78
Federal Fair Labor Standards Act (FLSA):
Minimum wage and time and a half for work over 40 hours. Doesn't provide time and a half for...
Work over 8 hours a day or for weekends
79
Federal Fair Labor Standards Act (FLSA):
Minimum wage and time and a half for work over 40 hours. Exceptions 5
```
1 teachers
2 outside salesmen
3 professional and supervisory workers
4 seasonal workers
5 those in fishing industry
```
80
Federal Fair Labor Standards Act (FLSA):
3 types of workers who can have coverage for minimum wage but not overtime provision?
1 railroad workers
2 airline workers
3 taxi cab drivers
81
Federal Fair Labor Standards Act (FLSA):
Minimum wage may be based on...
Hourly, weekly or monthly pay base
82
Federal Fair Labor Standards Act (FLSA):
Enforced by the Department of Labor. Can initiate both...2
1 Civil and criminal actions for violations
2 but can't issue injunctions
83
Federal Fair Labor Standards Act (FLSA):
Enforced by the Department of Labor. Can conduct...
2) example
Hearings and investigations
2) subpoena witnesses, books and records
84
Federal Fair Labor Standards Act (FLSA):
Enforced by the Department of Labor. Can issue...
Wage orders requiring employers to pay wages found due
85
What does ERISA stand for?
Employee Retirement Income Security Act
86
Employee Retirement Income Security Act (ERISA) 2
1 regulates existing pension plans
2 does not require that pension plans be established
87
Employee Retirement Income Security Act (ERISA):
Sets standards for...
2) why?
Funding and investment of pension funds
2) to avoid mismanagement
88
Employee Retirement Income Security Act (ERISA):
Pensions can be...
Contributory or noncontributory
89
Contributory pensions
Employee contributes
90
Noncontributory pensions
Employer provides all the funds
91
Employee Retirement Income Security Act (ERISA):
Employers are prohibited...
Prohibited from unduly delaying employee's participation in
| Pensions
92
Employee Retirement Income Security Act (ERISA):
Employee vesting 2
1 employee's right to their own contributions vest immediately
2 employee's right to their employer's contributions vest after 5
Years of employment
93
Employee Retirement Income Security Act (ERISA):
Established...
Pensions Benefit Guarantee Corporation
94
Employee Retirement Income Security Act (ERISA):
Pension Benefit Guarantee Corporation 2
1 provides protection if pension goes bust
2 like FDIC with bank accounts
95
What does FMLA stand for?
Family and Medical Leave Act
96
Family and Medical Leave Act (FMLA):
FMLA entitles employees to...
Take 12 weeks of unpaid, job-protected leave in 1 year
97
Family and Medical Leave Act (FMLA):
Eligibility
Employee must have worked at least 1,250 hours over the past
| 12 months
98
Family and Medical Leave Act (FMLA):
FMLA permits unpaid leave for...3
1 birth of newborn child
2 care of an adopted child
3 serious medical condition of employee or immediate family
member
99
Family and Medical Leave Act (FMLA):
Job protection provisions for returning employee include...2
1 maintenance of all group health insurance benefits and
2 having original or equal job restored with equal pay and benefits
100
Family and Medical Leave Act (FMLA):
FMLA permits private law suits for...2
1 Violations and
2 Department of Labor may also sue
101
What does EPA stand for?
Environmental Protection Agency
102
Environmental Protection Agency (EPA)
Principal administrative agency for federal environmental laws
103
Environmental Protection Agency may initiate...
Civil law suits and criminal actions throughout the Justice
| Department
104
Environmental Regulation:
Private citizens may also sue...2
1 sue violators and
2 sue the EPA to do its job
105
What does NEPA stand for?
National Environmental Policy Act
106
National Environmental Policy Act (NEPA) of 1969:
Requires all branches of government...
Consider the environmental effects of major federal actions prior
To undertaking those actions
107
National Environmental Policy Act (NEPA) of 1969:
Requires an environmental impact statement (EIC) when...
Major federal actions might significantly affect the quality of human environment
108
What does EIS stand for?
Environmental Impact Statement
109
National Environmental Policy Act (NEPA) of 1969:
Private party actions may require...
An environmental impact statement EIS if there is major federal involvement
110
National Environmental Policy Act (NEPA) of 1969:
Private citizens may sue to...
Force governmental compliance with NEPA
111
What does CAA stand for?
Clean Air Act
112
Clean Air Act (CAA)
Principal federal law for dealing with air pollution
113
Clean Air Act (CAA):
EPA can establish...
National ambient air quality standards for major air pollutants
114
Clean Air Act (CAA):
Under national ambient air quality standards, each state is required to...2
1 develop a State Implementation Plan
2 get plan approved by EAP
115
Clean Air Act (CAA):
State Implementation Plan (SIP)
State plan for meeting national ambient air quality standards
116
What does SIP stand for?
State Implementation Plan
117
Clean Air Act (CAA):
Once a State Implementation Plan becomes...
Both a federal and state law, it can be enforced by both
118
Clean Air Act (CAA):
The CAA also establishes...
Emission standards
119
Clean Air Act (CAA):
The CAA also establishes emission standards for...3
1 motor vehicles
2 fuels
3 fuel additives
120
Clean Air Act (CAA):
New cars must be certified by the EPA as...
Meeting emission standards
121
Clean Air Act (CAA):
If in actual use cars exceed emission standards...
The EPA can order a recall
122
Clean Air Act (CAA):
The CAA requires the EPA to set...
Emission standards for hazardous pollutants
123
Stationary sources of air pollution
Factories and power plants
124
Clean Air Act (CAA):
CAA requires that stationary sources of air pollution (factories and power plants)...
Install the best available technology for reducing air pollution
125
Clean Air Act (CAA):
CAA addresses the problem of acid rain by...2
1 Placing cap on overall emissions of nitrogen oxide and sulfur oxide
And
2 requiring electing utilities must reduce emissions
126
Clean Air Act (CAA):
State have primary responsibility for...
Enforcing air standards
127
Clean Air Act (CAA):
States have primary responsibility for enforcing air standards. EPA may take usually...
Civil suit when states fail to act
128
Clean Air Act (CAA):
Private citizens may sue either...
State or federal officials to compel action
129
What does CWA stand for?
Clean Water Act
130
Clean Water Act (CWA) is the...
Principal federal law for dealing with water pollution
131
Clean Water Act (CWA):
CWA requires industries discharging waste into our waters to...
Install the best available water pollution control technology
132
Clean Water Act (CWA):
CWA requires states to set...
Water quality standards
133
Clean Water Act (CWA):
CWA permits the EPA to act if...
The state fails to set acceptable standards
134
Clean Water Act (CWA):
CWA requires an industry or municipality discharging into the water to obtain...
a National Pollution Discharge Elimination System permit
135
Clean Water Act (CWA):
What does NPDES stand for?
National Pollution Discharge Elimination System
136
Clean Water Act (CWA):
a National Pollution Discharge Elimination System (NPDES) permit, lists the...
Amount of designTed pollutants permitted to be discharged
137
Clean Water Act (CWA):
a National Pollution Discharge Elimination System (NPDES) permit, specifies steps...
Required to reduce present discharges
138
Clean Water Act (CWA):
a National Pollution Discharge Elimination System (NPDES) permit. The permit holder must...
Notify authorities if they will not meet permit requirement
139
Clean Water Act (CWA):
CWA prohibits...
Releasing oil or hazardous substances into the water
140
Clean Water Act (CWA):
CWA requires a permit for...
Dredging or filling activities in wetland areas
141
Clean Water Act (CWA):
CWA regulates discharges into water by...
Nuclear power plants
142
Clean Water Act (CWA):
What will apply for violating CWA?
Both civil and criminal penalties
143
Clean Water Act (CWA):
CWA is enforced by both...
Federal and state governments
144
Clean Water Act (CWA):
Who can private citizens sue to compel action? 3
1 sue violators
2 EPA or
3 state
145
Clean Water Act (CWA):
Violators can be required to...
Clean up the pollution or pay for doing so
146
Disposal of waste material is regulated by several...
Different federal acts
147
What does CERCLA stand for?
Comprehensive Environmental Response, Compensation and
| Liability Act
148
```
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA)
```
Provides a federal Super fund to clean up controlled or abandoned hazardous waste sites
149
```
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA):
```
Parties liable for cost of cleanup include 4
1 current owners and operators whether they caused it or not
2 past owners and operators of site at time of disposal
3 generators
4 transporters of hazardous waste to site
150
Generators
Owner of waste deposited at site
151
```
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA):
```
When does EPA pay for clean up?
EPA pays for cleanup, when other parties cannot
152
What does RCRA stand for?
Resource Conservation and Recovery Act
153
Resource Conservation and Recovery Act (RCRA) 2
1 gives EPA power to control hazardous waste at current or future
Sites and
2 to set standards for disposal of nonhazardous solid waste
154
Resource Conservation and Recovery Act (RCRA):
RCRA regulates facilities that...4
1 generate
2 treat
3 store or
4 dispose of hazardous waste largely through a permit system
155
Resource Conservation and Recovery Act (RCRA):
RCRA regulates...
Underground product storage tanks
156
Resource Conservation and Recovery Act (RCRA):
RCRA authorized EPA to...
Establish standards for nonhazardous solid waste
157
Resource Conservation and Recovery Act (RCRA):
RCRA has both...
Civil and criminal penalties for violations
158
Resource Conservation and Recovery Act (RCRA):
States also have environmental laws providing for...
Both civil and criminal penalties
159
The purpose of anti trust laws is to...
Make things competitive
160
Sherman Act of 1890, 4
1 contracts
2 combinations
3 conspiracies or
4 agreements in restraint of trade are illegal under Sherman act
161
The Clayton Act of 1914 supplemented the Sherman Act to...2
1 Prohibit a corporations from acquiring stock of competing
corporation (merger)
2 where effect might substantially reduce competition/create a
Monopoly
162
Robinson-Patman Act of 1936, 3
prohibits price discrimination
163
Price discrimination
When seller charges different prices to different buyers for same
Good
164
The Robinson Patman Act, prohibits price discrimination. 2 exceptions
1 price differences are permitted if there is cost justification
2 sellers may temporarily reduce prices in 1 region to meet price
Of a low price competitor
