Regulation of Employment & Environment Flashcards
What is the Federal Insurance Contribution Act (FICA)?
This act provides benefits for old age, survivors, disability, and hospital insurance
T/F
FICA applies to both Medicare and Medicaid
FALSE
FICA is Medicare. NOT Medicaid.
What is the difference between Medicare and Medicaid?
Medicare is for old age or severe disabilities, no matter what the income of the person is.
Medicaid is for the very poor
T/F
FICA/Medicare benefits are taxable
TRUE
Up to 85% of the benefits can be taxable if certain income levels are exceeded
T/F
FICA/Medicare benefits are fixed
FALSE
FICA/Medicare benefits can be reduced if earned income is too high
T/F
Like earned income, unearned income can reduce FICA/Medicare benefits
FALSE
Only earned income can reduce FICA/Medicare benefits. Unearned income does not.
Who pays FICA taxes?
Employer, Employee, & Self-Employed
If an employer fails to withhold an employee’s share of FICA taxes, who is responsible for ensuring these taxes are paid?
The employer becomes liable for the employee’s share
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 _____
Net profit, not gross earnings.
What is the Federal Unemployment Tax Act (FUTA)?
This provides the unemployed with support.
T/F
Anyone who is unemployed can collect on FUTA
FALSE
You must be unemployed through no fault of your own. You must be willing and able to work.
FICA is a ______ (state/federal) program
Federal
FUTA is a __________ (state/federal) program
State; however, federal law provides general guidelines and standards
T/F
Like FICA, FUTA taxes are paid by both the employer and the employee
FALSE
Only the employer pays FUTA taxes
This program provides benefits to employees injured in the scope of employment
Worker’s Compensation
With respect to Worker’s Compensation Employers are _____
Strictly Liable
With respect to Worker’s Compensation, employers are strictly liable ______ (with/without) regard to their fault
Without
T/F
Worker’s Compensation can be waived by the employee
FALSE
An employee’s benefits from worker’s compensation is based on what?
The employee’s injury, not the employee’s pay
T/F
An employee’s negligence or assumption of risk can decrease their chances of worker’s compensation recovery
FALSE
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
TRUE
T/F
Independent contractors and agricultural workers are covered under worker’s compensation
FALSE
Neither are covered
T/F
An employee generally can sue their employer over a worker’s compensation case
FALSE
The employee cannot sue unless the employer intentionally injured the employee
What is the Occupational Safety and Health Act (OSHA)?
This establishes safety and health standards for employees and for the workplace
T/F
The Occupational Safety and Health Administration can inspect a workplace for violations either at an employee’s request or on their own
TRUE
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
TRUE
Generally, what penalties can the Occupational Safety and Health Administration give out?
Citations, Fines, and Civil Penalties
T/F
The Occupational Safety and Health Administration can give out criminal penalties?
TRUE
Criminal Penalties are available (although generally not used) if a willful violation causes death
T/F
States can regulate safety and health
TRUE
OSHA only sets minimum standards
What is Title VII of the Civil Rights Act?
This prohibits discrimination based on race, color, religion, sex, or national origin
T/F
Title VII of the Civil Rights Act does not prohibit discrimination based on age
TRUE
Title VII of the Civil Rights Act is administered and enforced by who?
Equal Employment Opportunity Commission (EEOC)
Because Title VII of the Civil Rights Act does not prohibit discrimination based on age, what act addresses age discrimination?
the Age Discrimination Employment Act (ADEA)
What is the Rehabilitation Act of 1973?
This says that employers with federal contracts of $2,500+ must take affirmative actions to hire qualified handicapped workers
What is the Americans with Disabilities Act?
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
What act prohibits sex discrimination?
the Equal Pay for Equal Work act
If sex discrimination is found between a man and a woman with the same job, whose pay is adjusted?
The woman’s pay is raised, the man’s pay is not lowered
What is a Bona Fide Occupational Qualification?
This permits discrimination for a reasonable business necessity. This is a valid defense to alleged employment discrimination.
What is the Federal Fair Labor Standards Act (FLSA)?
This prohibits employment of children under age 14. Additionally, this act discusses minimum wage and overtime requirements.
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
TRUE
What are exceptions to the Federal Fair Labor Standards Act (FLSA)?
Agricultural Workers
Newspaper Carriers
Child Actors
Children employed by parents
The Federal Fair Labor Standards Act (FLSA) is enforced by who?
The Department of Labor
What is the Employee Retirement Income Security Act (ERISA)?
This regulates existing pension plans, but does not require that pension plans be established.
What is the Pension Benefit Guarantee Corporation?
This provides protection if a pension goes bust, like the FDLIC does with bank accounts.
What established the Pension Benefit Guarantee Corporation?
The Employee Retirement Income Security Act (ERISA)
What is the Family and Medical Leave Act (FMLA)?
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.
To be eligible for FMLA leave, an employee must have worked at least _____ hours over the past _____ months
1250 hours
12 months
What is the Environmental Protection Agency (EPA)?
The principal administrative agency for federal environmental laws
What is the National Environmental Policy Act (NEPA) of 1969?
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
What is the Clean Air Act (CAA)?
The principal federal law for dealing with air pollution
T/F
Each state is required to develop a State Implementation Plan for meeting national ambient air quality standards
TRUE
How does the Clean Air Act affect drivers?
It establishes emission standards for motor vehicles and fules and fuel additives
What is the Clean Water Act (CWA)?
The principal federal law for dealing with water pollution
T/F
The CWA requires states to set water quality standards
TRUE
T/F
The CWA requires an industry or municipality discharging into the water to obtain a National Pollution Discharge Elimination System (NPDES) permit
TRUE
T/F
The CWA prohibits releasing oil or hazardous substances into the water
TRUE
T/F
The CWA requires a permit for dredging or filling activities in wetlands areas
TRUE
The CWA can give out ____ (civil/criminal) penalties for violating the CWA
BOTH civil AND criminal penalties
The CWA is enforced by _____ (state/federal) governments
BOTH state AND federal governments
What is the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)?
This provides a federal Superfund to clean up controlled or abandoned hazardous waste sites
What is the Resource Conservation and Recovery Act (RCRA)?
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
T/F
States do not have environmental laws, only the federal government does
FALSE
Both States and the Federal Government have environmental laws providing for both civil and criminal penalties
When a question comes up of environmental laws, who is liable?
Basically everyone involved is liable
What are anti-trust laws?
These promote the production and distribution of goods and services in the most economical and efficient manner by preserving free, competitive markets
Regulation of Antitrust Laws is by _____ (state/federal) law
Federal Law
Because regulation of Antitrust Laws is by federal law, what must happen before activity is regulated?
Interstate Commerce
What are common exceptions to antitrust laws?
Patents Copyrights Trademarks Insurance Businesses Agricultural Cooperatives Professional BASEBALL (no other sports)
Who enforces Antitrust Laws?
Justice Department
Federal Trade Commission (FTC)
Private Parties (may sue for civil enforcement)
What is the Sherman Act of 1890?
This says that contracts, combinations, conspiracies, or agreements in restraint of trade are illegal
What is the Clayton Act of 1914?
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
What is the Robinson-Patman Act of 1936?
This act prohibits price discrimination (when a seller charges different prices to different buyers of the same good)
