Regulation of Employment & Environment Flashcards

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1
Q

What is the Federal Insurance Contribution Act (FICA)?

A

This act provides benefits for old age, survivors, disability, and hospital insurance

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2
Q

T/F

FICA applies to both Medicare and Medicaid

A

FALSE

FICA is Medicare. NOT Medicaid.

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3
Q

What is the difference between Medicare and Medicaid?

A

Medicare is for old age or severe disabilities, no matter what the income of the person is.

Medicaid is for the very poor

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4
Q

T/F

FICA/Medicare benefits are taxable

A

TRUE

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

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5
Q

T/F

FICA/Medicare benefits are fixed

A

FALSE

FICA/Medicare benefits can be reduced if earned income is too high

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6
Q

T/F

Like earned income, unearned income can reduce FICA/Medicare benefits

A

FALSE

Only earned income can reduce FICA/Medicare benefits. Unearned income does not.

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7
Q

Who pays FICA taxes?

A

Employer, Employee, & Self-Employed

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8
Q

If an employer fails to withhold an employee’s share of FICA taxes, who is responsible for ensuring these taxes are paid?

A

The employer becomes liable for the employee’s share

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9
Q

T/F

For self-employed individuals, they must pay a tax equal to the total contributed by employer and employee (double tax). This tax is based on _____

A

Net profit, not gross earnings.

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10
Q

What is the Federal Unemployment Tax Act (FUTA)?

A

This provides the unemployed with support.

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11
Q

T/F

Anyone who is unemployed can collect on FUTA

A

FALSE

You must be unemployed through no fault of your own. You must be willing and able to work.

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12
Q

FICA is a ______ (state/federal) program

A

Federal

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13
Q

FUTA is a __________ (state/federal) program

A

State; however, federal law provides general guidelines and standards

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14
Q

T/F

Like FICA, FUTA taxes are paid by both the employer and the employee

A

FALSE

Only the employer pays FUTA taxes

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15
Q

This program provides benefits to employees injured in the scope of employment

A

Worker’s Compensation

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16
Q

With respect to Worker’s Compensation Employers are _____

A

Strictly Liable

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17
Q

With respect to Worker’s Compensation, employers are strictly liable ______ (with/without) regard to their fault

A

Without

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18
Q

T/F

Worker’s Compensation can be waived by the employee

A

FALSE

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19
Q

An employee’s benefits from worker’s compensation is based on what?

A

The employee’s injury, not the employee’s pay

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20
Q

T/F

An employee’s negligence or assumption of risk can decrease their chances of worker’s compensation recovery

A

FALSE

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21
Q

T/F

If an event occurred while an employee was fighting, intoxicated, or if the employee self-inflicted the harm, this can decrease their chances of worker’s compensation recovery

A

TRUE

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22
Q

T/F

Independent contractors and agricultural workers are covered under worker’s compensation

A

FALSE

Neither are covered

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23
Q

T/F

An employee generally can sue their employer over a worker’s compensation case

A

FALSE

The employee cannot sue unless the employer intentionally injured the employee

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24
Q

What is the Occupational Safety and Health Act (OSHA)?

A

This establishes safety and health standards for employees and for the workplace

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25
Q

T/F

The Occupational Safety and Health Administration can inspect a workplace for violations either at an employee’s request or on their own

A

TRUE

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26
Q

T/F

Even though the Occupational Safety and Health Administration can inspect a workplace for violations either at an employee’s request or on their own, an employer can require a search warrant and force the OSHA to show probable cause for the inspection

A

TRUE

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27
Q

Generally, what penalties can the Occupational Safety and Health Administration give out?

A

Citations, Fines, and Civil Penalties

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28
Q

T/F

The Occupational Safety and Health Administration can give out criminal penalties?

A

TRUE

Criminal Penalties are available (although generally not used) if a willful violation causes death

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29
Q

T/F

States can regulate safety and health

A

TRUE

OSHA only sets minimum standards

30
Q

What is Title VII of the Civil Rights Act?

A

This prohibits discrimination based on race, color, religion, sex, or national origin

31
Q

T/F

Title VII of the Civil Rights Act does not prohibit discrimination based on age

A

TRUE

32
Q

Title VII of the Civil Rights Act is administered and enforced by who?

A

Equal Employment Opportunity Commission (EEOC)

33
Q

Because Title VII of the Civil Rights Act does not prohibit discrimination based on age, what act addresses age discrimination?

A

the Age Discrimination Employment Act (ADEA)

34
Q

What is the Rehabilitation Act of 1973?

A

This says that employers with federal contracts of $2,500+ must take affirmative actions to hire qualified handicapped workers

35
Q

What is the Americans with Disabilities Act?

A

This says that employers can;t discriminate if the employee can do the basic job. This also prohibits discrimination in public transportation and public accommodations

36
Q

What act prohibits sex discrimination?

A

the Equal Pay for Equal Work act

37
Q

If sex discrimination is found between a man and a woman with the same job, whose pay is adjusted?

A

The woman’s pay is raised, the man’s pay is not lowered

38
Q

What is a Bona Fide Occupational Qualification?

A

This permits discrimination for a reasonable business necessity. This is a valid defense to alleged employment discrimination.

39
Q

What is the Federal Fair Labor Standards Act (FLSA)?

A

This prohibits employment of children under age 14. Additionally, this act discusses minimum wage and overtime requirements.

40
Q

T/F

Even though the Federal Fair Labor Standards Act (FLSA) prohibits employment of children under age 14, children 14 and 15 can work limited hours if the work is nonhazardous

A

TRUE

41
Q

What are exceptions to the Federal Fair Labor Standards Act (FLSA)?

A

Agricultural Workers
Newspaper Carriers
Child Actors
Children employed by parents

42
Q

The Federal Fair Labor Standards Act (FLSA) is enforced by who?

A

The Department of Labor

43
Q

What is the Employee Retirement Income Security Act (ERISA)?

A

This regulates existing pension plans, but does not require that pension plans be established.

44
Q

What is the Pension Benefit Guarantee Corporation?

A

This provides protection if a pension goes bust, like the FDLIC does with bank accounts.

45
Q

What established the Pension Benefit Guarantee Corporation?

A

The Employee Retirement Income Security Act (ERISA)

46
Q

What is the Family and Medical Leave Act (FMLA)?

A

This entitles employees to take 12 weeks of unpaid, job-protected leave in 1 year. This is generally for the birth of a newborn, the care of an adopted child, and serious medical conditions of the employee or an immediate family member.

47
Q

To be eligible for FMLA leave, an employee must have worked at least _____ hours over the past _____ months

A

1250 hours

12 months

48
Q

What is the Environmental Protection Agency (EPA)?

A

The principal administrative agency for federal environmental laws

49
Q

What is the National Environmental Policy Act (NEPA) of 1969?

A

This requires all branches of government to consider environmental effects of major federal actions. This requires an environmental impact statement (EIS) when major federal actions might significantly affect the quality of the human environment

50
Q

What is the Clean Air Act (CAA)?

A

The principal federal law for dealing with air pollution

51
Q

T/F

Each state is required to develop a State Implementation Plan for meeting national ambient air quality standards

A

TRUE

52
Q

How does the Clean Air Act affect drivers?

A

It establishes emission standards for motor vehicles and fules and fuel additives

53
Q

What is the Clean Water Act (CWA)?

A

The principal federal law for dealing with water pollution

54
Q

T/F

The CWA requires states to set water quality standards

A

TRUE

55
Q

T/F

The CWA requires an industry or municipality discharging into the water to obtain a National Pollution Discharge Elimination System (NPDES) permit

A

TRUE

56
Q

T/F

The CWA prohibits releasing oil or hazardous substances into the water

A

TRUE

57
Q

T/F

The CWA requires a permit for dredging or filling activities in wetlands areas

A

TRUE

58
Q

The CWA can give out ____ (civil/criminal) penalties for violating the CWA

A

BOTH civil AND criminal penalties

59
Q

The CWA is enforced by _____ (state/federal) governments

A

BOTH state AND federal governments

60
Q

What is the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)?

A

This provides a federal Superfund to clean up controlled or abandoned hazardous waste sites

61
Q

What is the Resource Conservation and Recovery Act (RCRA)?

A

This gives the Environmental Protection Agency (EPA) the power to control hazardous waste at current or future sites and to set standards for the disposal of nonhazardous solid waste

62
Q

T/F

States do not have environmental laws, only the federal government does

A

FALSE

Both States and the Federal Government have environmental laws providing for both civil and criminal penalties

63
Q

When a question comes up of environmental laws, who is liable?

A

Basically everyone involved is liable

64
Q

What are anti-trust laws?

A

These promote the production and distribution of goods and services in the most economical and efficient manner by preserving free, competitive markets

65
Q

Regulation of Antitrust Laws is by _____ (state/federal) law

A

Federal Law

66
Q

Because regulation of Antitrust Laws is by federal law, what must happen before activity is regulated?

A

Interstate Commerce

67
Q

What are common exceptions to antitrust laws?

A
Patents
Copyrights
Trademarks
Insurance Businesses
Agricultural Cooperatives
Professional BASEBALL (no other sports)
68
Q

Who enforces Antitrust Laws?

A

Justice Department
Federal Trade Commission (FTC)
Private Parties (may sue for civil enforcement)

69
Q

What is the Sherman Act of 1890?

A

This says that contracts, combinations, conspiracies, or agreements in restraint of trade are illegal

70
Q

What is the Clayton Act of 1914?

A

This act supplemented the Sherman Act to prohibit a corporation from acquiring the stock of a competing corporation (merger) where the effect might substantially lessen competition or tend to create a monopoly

71
Q

What is the Robinson-Patman Act of 1936?

A

This act prohibits price discrimination (when a seller charges different prices to different buyers of the same good)