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Yaeger REG > Mod 33 Regulation Of Employment & Environment > Flashcards

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

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2
Q

Federal Insurance Contribution Act (FICA):

Hospital insurance under FICA

A

Includes Medicare (but not Medicaid)

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3
Q

Federal Insurance Contribution Act (FICA):

Can collect…

A

Can collect more than was contributed

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4
Q

Federal Insurance Contribution Act (FICA):

Can get more benefits if…

A

Mothering was contributed

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5
Q

Federal Insurance Contribution Act (FICA):

Taxable benefits

A

Up to 85% of benefits can be taxable if certain income levels are exceeded

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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

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7
Q

Federal Insurance Contribution Act (FICA):

Can receive benefits even if also…

A

Receiving payments from private pension plan

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8
Q

Federal Insurance Contribution Act (FICA):

Tax is paid by…3

A

1 employer

2 employee

3 self employed

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9
Q

Federal Insurance Contribution Act (FICA):

Wages are broadly interpreted

A

Includes almost all types of earned compensation

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10
Q

Unearned income is…

A

Not subject to FICA tax

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11
Q

Federal Insurance Contribution Act (FICA):

Employee’s share of tax is…

A

Withheld by employer

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12
Q

Federal Insurance Contribution Act (FICA):

Failure of employer to withhold…

A

Makes employer liable for employee’s share

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13
Q

Federal Insurance Contribution Act (FICA):

There is a right to reimbursement by employee if…

A

Employer pays employee’s share

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14
Q

Federal Insurance Contribution Act (FICA):

Deductible to employer

A

Deductible to employer if they voluntarily pay employee’s share

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15
Q

Federal Insurance Contribution Act (FICA):

Employer must match…

A

Employee’s payment

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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

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17
Q

Federal Insurance Contribution Act (FICA):

Employer must make timely FICA deposits and…

A

Supply taxpayer ID number

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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

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19
Q

What does FUTA stand for?

A

Federal Unemployment Tax Act

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20
Q

Federal Unemployment Tax Act (FUTA):

Provides unemployment benefits

A

Can collect more than was contributed

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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

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22
Q

Federal Unemployment Tax Act (FUTA):

Administered by…2

A

1 The states

2 but federal law provides general guidelines and standards

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23
Q

Federal Unemployment Tax Act (FUTA):

Who is the tax paid by?

A

Paid by employer (not the employee)

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24
Q

Federal Unemployment Tax Act (FUTA):

Current rate on FUTA

A

6.2% of the first $7,000 in wages

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25
Q

Federal Unemployment Tax Act (FUTA):

FUTA applies to any employer who…2

A

1 paid $1,500 in wages during any calendar quarter or

2 had one or more employees for 20 weeks during calendar year

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26
Q

Federal Unemployment Tax Act (FUTA):

Who is it deductible by?2

A

1 deductible by employer

2 not deductible by employee

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27
Q

Federal Unemployment Tax Act (FUTA):

A credit is available to employers against the federal unemployment tax for…2

A

1 Contributions made to state unemployment funds

2 credit can’t exceed 5.4%

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28
Q

Worker’s Compensation

A

Provides benefits to employees injured in scope of employment

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29
Q

Worker’s Compensation is…

A

State administered

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30
Q

Worker’s Compensation:

Employers are…

A

Strictly liable without regard to their fault

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31
Q

Worker’s Compensation:

Must provide coverage to…2

A

1 all eligible employees

2 can’t be waived by employee

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32
Q

Worker’s Compensation:

Tax is paid by…2

A

1 employer

2 not paid by employee

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33
Q

Worker’s Compensation:

Benefits are based on…2

A

1 Employee’s injury

2 not based on employee’s pay

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34
Q

Worker’s Compensation:

Injuries include…

A

Any job related injury or disease

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35
Q

Worker’s Compensation:

Job related injury or disease examples 3

A

1 occupational diseases

2 employment aggravation

3 pre-existing problem

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36
Q

Worker’s Compensation:

Employee’s negligence or assumption of risk…

A

Doesn’t bar recovery

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37
Q

Worker’s Compensation:

3 employee actions that bar recovery

A

1 fighting

2 intoxication

3 self inflicted wounds

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38
Q

Worker’s Compensation:

2 parties that aren’t covered

A

1 independent contractors

2 agricultural workers

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39
Q

Worker’s Compensation:

Cannot sue employer unless…

A

Employer intentionally injured employee

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40
Q

Worker’s Compensation:

But you can sue…

A

3rd parties and receive workers compensation

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41
Q

Worker’s Compensation:

An insurance carrier will recover back…

A

Any duplication of workers’ compensation award

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42
Q

What does OSHA stand for?

A

Occupational Safety and Health Act

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43
Q

Occupational Safety and Health Act (OSHA):

Administered by…

A

Occupational Safety and Health Adminstration

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44
Q

Occupational Safety and Health Act (OSHA):

Administered by Occupational Safety and Health Administration to establish…

A

Safety and health standards for employees and the work place

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45
Q

Occupational Safety and Health Act (OSHA):

Can inspect workplace for violations either…2

A

1 at employee’s request or

2 on their own

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46
Q

Occupational Safety and Health Act (OSHA):

An employer can’t…

A

Can’t retaliate against employee for reporting violations

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47
Q

Occupational Safety and Health Act (OSHA):

Employer can require…2

A

1 a search warrant

2 OSHA would have to show probable cause

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48
Q

Occupational Safety and Health Act (OSHA):

Penalties 3

A

OSHA can issue citations, impose fines and civil penalties

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49
Q

Occupational Safety and Health Act (OSHA):

OSHA can obtain temporary injunctions…

A

If there is great risk of harm

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50
Q

What does FICA stand for?

A

Federal Insurance Contribution Act

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51
Q

Occupational Safety and Health Act (OSHA):

Criminal penalties are available if…

A

Willful violation causes death

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52
Q

States can also…2

A

1 Regulate safety and health

2 OSHA sets minimum standards only

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53
Q

Title IIV of Civil Rights Act:

Prohibits discrimination in employment based on…5

A 
1 race
2 color
3 religion
4 sex or
5 national origin
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54
Q

Title IIV of Civil Rights Act does not cover…

A

Age

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55
Q

Title IIV of Civil Rights Act:

Is administered and enforced by…

A

Equal Employment Opportunity Commission (EEOC)

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56
Q

Equal Employment Opportunity Commission (EEOC)

Can enjoin employer from…

A

Engaging in unlawful behavior

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57
Q

Equal Employment Opportunity Commission (EEOC)

Can file…2

A

1 civil suit in federal court or

2 intervene in suits by private individuals

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58
Q

Equal Employment Opportunity Commission (EEOC)

Can force…2

A

1 reinstatement of employee and

2 award back pay

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59
Q

Equal Employment Opportunity Commission (EEOC)

Can’t impose…

A

Can’t impose criminal penalties without court action

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60
Q

Title IIV of Civil Rights Act:

Also permits private…

A

Private lawsuits by individuals harmed

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61
Q

What does ADEA stand for?

A

Age Discrimination Employment Act

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62
Q

Age Discrimination Employment Act (ADEA):

Covers workers ages…

2) and employers with…

A

Age 40 to 70

2) employers with 19 or more workers

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63
Q

Age Discrimination Employment Act (ADEA):

Mandatory retirement 2

A

1 Prohibits mandatory retirement below age of 70

2 unless age requirement is a reasonable business necessity
Police, fire department

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64
Q

Age Discrimination Employment Act (ADEA):

Remedies

A

1 injunctive relief and

2 back pay

3 do not include early retirement

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65
Q

Discrimination of handicapped acts cover both…

A

Physical and mental handicap

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66
Q

Rehabilitation Act of 1973

A

Employers with federal contracts of $2,500+ must take affirmative action to hire qualified handicapped workers

67
Q

Americans with Disabilities Act covers…

A

Almost all employers

68
Q

Americans with Disabilities Act 2

A

1 can’t discriminate if employee can do basic job

2 prohibits discrimination in public transportation and public accommodations

69
Q

Equal Pay for Equal Work Act

A

Prohibits sex discrimination

70
Q

Equal Pay for Equal Work Act:

If sex discrimination exists…2

A

1 The woman’s pay is raised

2 the man’s pay is not lowered

71
Q

Valid defenses to alleged employment discrimination 4

A

1 reasonable business necessity
2 national security
3 professionally developed ability test
4 seniority or merit system

72
Q

Bona Fide Occupational Qualification 2

A

1 permits discrimination for reasonable business necessity

2 can’t use this defense for discrimination based on race or color

73
Q

What does FLSA stand for?

A

Federal Fair Labor Standards Act

74
Q

Federal Fair Labor Standards Act (FLSA) 3

A

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
Q

Federal Fair Labor Standards Act (FLSA):

Prohibits employment of children under age 14. Exceptions 4

A

1 agricultural workers
2 newspaper carriers
3 child actors
4 children employed by parents

76
Q

Federal Fair Labor Standards Act (FLSA):

Children 14 and 15 years old

A

Can work limited hours if work is nonhazardous

77
Q

Federal Fair Labor Standards Act (FLSA):

Minimum wage and time and a half for work over 40 hours. May get…

A

Piece rate instead of hourly rate if appropriate

78
Q

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…

A

Work over 8 hours a day or for weekends

79
Q

Federal Fair Labor Standards Act (FLSA):

Minimum wage and time and a half for work over 40 hours. Exceptions 5

A 
1 teachers
2 outside salesmen
3 professional and supervisory workers
4 seasonal workers
5 those in fishing industry
80
Q

Federal Fair Labor Standards Act (FLSA):

3 types of workers who can have coverage for minimum wage but not overtime provision?

A

1 railroad workers

2 airline workers

3 taxi cab drivers

81
Q

Federal Fair Labor Standards Act (FLSA):

Minimum wage may be based on…

A

Hourly, weekly or monthly pay base

82
Q

Federal Fair Labor Standards Act (FLSA):

Enforced by the Department of Labor. Can initiate both…2

A

1 Civil and criminal actions for violations

2 but can’t issue injunctions

83
Q

Federal Fair Labor Standards Act (FLSA):

Enforced by the Department of Labor. Can conduct…

2) example

A

Hearings and investigations

2) subpoena witnesses, books and records

84
Q

Federal Fair Labor Standards Act (FLSA):

Enforced by the Department of Labor. Can issue…

A

Wage orders requiring employers to pay wages found due

85
Q

What does ERISA stand for?

A

Employee Retirement Income Security Act

86
Q

Employee Retirement Income Security Act (ERISA) 2

A

1 regulates existing pension plans

2 does not require that pension plans be established

87
Q

Employee Retirement Income Security Act (ERISA):

Sets standards for…

2) why?

A

Funding and investment of pension funds

2) to avoid mismanagement

88
Q

Employee Retirement Income Security Act (ERISA):

Pensions can be…

A

Contributory or noncontributory

89
Q

Contributory pensions

A

Employee contributes

90
Q

Noncontributory pensions

A

Employer provides all the funds

91
Q

Employee Retirement Income Security Act (ERISA):

Employers are prohibited…

A

Prohibited from unduly delaying employee’s participation in

Pensions

92
Q

Employee Retirement Income Security Act (ERISA):

Employee vesting 2

A

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
Q

Employee Retirement Income Security Act (ERISA):

Established…

A

Pensions Benefit Guarantee Corporation

94
Q

Employee Retirement Income Security Act (ERISA):

Pension Benefit Guarantee Corporation 2

A

1 provides protection if pension goes bust

2 like FDIC with bank accounts

95
Q

What does FMLA stand for?

A

Family and Medical Leave Act

96
Q

Family and Medical Leave Act (FMLA):

FMLA entitles employees to…

A

Take 12 weeks of unpaid, job-protected leave in 1 year

97
Q

Family and Medical Leave Act (FMLA):

Eligibility

A

Employee must have worked at least 1,250 hours over the past

12 months

98
Q

Family and Medical Leave Act (FMLA):

FMLA permits unpaid leave for…3

A

1 birth of newborn child

2 care of an adopted child

3 serious medical condition of employee or immediate family
member

99
Q

Family and Medical Leave Act (FMLA):

Job protection provisions for returning employee include…2

A

1 maintenance of all group health insurance benefits and

2 having original or equal job restored with equal pay and benefits

100
Q

Family and Medical Leave Act (FMLA):

FMLA permits private law suits for…2

A

1 Violations and

2 Department of Labor may also sue

101
Q

What does EPA stand for?

A

Environmental Protection Agency

102
Q

Environmental Protection Agency (EPA)

A

Principal administrative agency for federal environmental laws

103
Q

Environmental Protection Agency may initiate…

A

Civil law suits and criminal actions throughout the Justice

Department

104
Q

Environmental Regulation:

Private citizens may also sue…2

A

1 sue violators and

2 sue the EPA to do its job

105
Q

What does NEPA stand for?

A

National Environmental Policy Act

106
Q

National Environmental Policy Act (NEPA) of 1969:

Requires all branches of government…

A

Consider the environmental effects of major federal actions prior
To undertaking those actions

107
Q

National Environmental Policy Act (NEPA) of 1969:

Requires an environmental impact statement (EIC) when…

A

Major federal actions might significantly affect the quality of human environment

108
Q

What does EIS stand for?

A

Environmental Impact Statement

109
Q

National Environmental Policy Act (NEPA) of 1969:

Private party actions may require…

A

An environmental impact statement EIS if there is major federal involvement

110
Q

National Environmental Policy Act (NEPA) of 1969:

Private citizens may sue to…

A

Force governmental compliance with NEPA

111
Q

What does CAA stand for?

A

Clean Air Act

112
Q

Clean Air Act (CAA)

A

Principal federal law for dealing with air pollution

113
Q

Clean Air Act (CAA):

EPA can establish…

A

National ambient air quality standards for major air pollutants

114
Q

Clean Air Act (CAA):

Under national ambient air quality standards, each state is required to…2

A

1 develop a State Implementation Plan

2 get plan approved by EAP

115
Q

Clean Air Act (CAA):

State Implementation Plan (SIP)

A

State plan for meeting national ambient air quality standards

116
Q

What does SIP stand for?

A

State Implementation Plan

117
Q

Clean Air Act (CAA):

Once a State Implementation Plan becomes…

A

Both a federal and state law, it can be enforced by both

118
Q

Clean Air Act (CAA):

The CAA also establishes…

A

Emission standards

119
Q

Clean Air Act (CAA):

The CAA also establishes emission standards for…3

A

1 motor vehicles

2 fuels

3 fuel additives

120
Q

Clean Air Act (CAA):

New cars must be certified by the EPA as…

A

Meeting emission standards

121
Q

Clean Air Act (CAA):

If in actual use cars exceed emission standards…

A

The EPA can order a recall

122
Q

Clean Air Act (CAA):

The CAA requires the EPA to set…

A

Emission standards for hazardous pollutants

123
Q

Stationary sources of air pollution

A

Factories and power plants

124
Q

Clean Air Act (CAA):

CAA requires that stationary sources of air pollution (factories and power plants)…

A

Install the best available technology for reducing air pollution

125
Q

Clean Air Act (CAA):

CAA addresses the problem of acid rain by…2

A

1 Placing cap on overall emissions of nitrogen oxide and sulfur oxide
And
2 requiring electing utilities must reduce emissions

126
Q

Clean Air Act (CAA):

State have primary responsibility for…

A

Enforcing air standards

127
Q

Clean Air Act (CAA):

States have primary responsibility for enforcing air standards. EPA may take usually…

A

Civil suit when states fail to act

128
Q

Clean Air Act (CAA):

Private citizens may sue either…

A

State or federal officials to compel action

129
Q

What does CWA stand for?

A

Clean Water Act

130
Q

Clean Water Act (CWA) is the…

A

Principal federal law for dealing with water pollution

131
Q

Clean Water Act (CWA):

CWA requires industries discharging waste into our waters to…

A

Install the best available water pollution control technology

132
Q

Clean Water Act (CWA):

CWA requires states to set…

A

Water quality standards

133
Q

Clean Water Act (CWA):

CWA permits the EPA to act if…

A

The state fails to set acceptable standards

134
Q

Clean Water Act (CWA):

CWA requires an industry or municipality discharging into the water to obtain…

A

a National Pollution Discharge Elimination System permit

135
Q

Clean Water Act (CWA):

What does NPDES stand for?

A

National Pollution Discharge Elimination System

136
Q

Clean Water Act (CWA):

a National Pollution Discharge Elimination System (NPDES) permit, lists the…

A

Amount of designTed pollutants permitted to be discharged

137
Q

Clean Water Act (CWA):

a National Pollution Discharge Elimination System (NPDES) permit, specifies steps…

A

Required to reduce present discharges

138
Q

Clean Water Act (CWA):

a National Pollution Discharge Elimination System (NPDES) permit. The permit holder must…

A

Notify authorities if they will not meet permit requirement

139
Q

Clean Water Act (CWA):

CWA prohibits…

A

Releasing oil or hazardous substances into the water

140
Q

Clean Water Act (CWA):

CWA requires a permit for…

A

Dredging or filling activities in wetland areas

141
Q

Clean Water Act (CWA):

CWA regulates discharges into water by…

A

Nuclear power plants

142
Q

Clean Water Act (CWA):

What will apply for violating CWA?

A

Both civil and criminal penalties

143
Q

Clean Water Act (CWA):

CWA is enforced by both…

A

Federal and state governments

144
Q

Clean Water Act (CWA):

Who can private citizens sue to compel action? 3

A

1 sue violators

2 EPA or

3 state

145
Q

Clean Water Act (CWA):

Violators can be required to…

A

Clean up the pollution or pay for doing so

146
Q

Disposal of waste material is regulated by several…

A

Different federal acts

147
Q

What does CERCLA stand for?

A

Comprehensive Environmental Response, Compensation and

Liability Act

148
Q 
Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA)
A

Provides a federal Super fund to clean up controlled or abandoned hazardous waste sites

149
Q 
Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA):

Parties liable for cost of cleanup include 4

A

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
Q

Generators

A

Owner of waste deposited at site

151
Q 
Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA):

When does EPA pay for clean up?

A

EPA pays for cleanup, when other parties cannot

152
Q

What does RCRA stand for?

A

Resource Conservation and Recovery Act

153
Q

Resource Conservation and Recovery Act (RCRA) 2

A

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
Q

Resource Conservation and Recovery Act (RCRA):

RCRA regulates facilities that…4

A

1 generate
2 treat
3 store or
4 dispose of hazardous waste largely through a permit system

155
Q

Resource Conservation and Recovery Act (RCRA):

RCRA regulates…

A

Underground product storage tanks

156
Q

Resource Conservation and Recovery Act (RCRA):

RCRA authorized EPA to…

A

Establish standards for nonhazardous solid waste

157
Q

Resource Conservation and Recovery Act (RCRA):

RCRA has both…

A

Civil and criminal penalties for violations

158
Q

Resource Conservation and Recovery Act (RCRA):

States also have environmental laws providing for…

A

Both civil and criminal penalties

159
Q

The purpose of anti trust laws is to…

A

Make things competitive

160
Q

Sherman Act of 1890, 4

A

1 contracts
2 combinations
3 conspiracies or
4 agreements in restraint of trade are illegal under Sherman act

161
Q

The Clayton Act of 1914 supplemented the Sherman Act to…2

A

1 Prohibit a corporations from acquiring stock of competing
corporation (merger)

2 where effect might substantially reduce competition/create a
Monopoly

162
Q

Robinson-Patman Act of 1936, 3

A

prohibits price discrimination

163
Q

Price discrimination

A

When seller charges different prices to different buyers for same
Good

164
Q

The Robinson Patman Act, prohibits price discrimination. 2 exceptions

A

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

Yaeger REG (77 decks)

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