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Employment Law > Topic 10 > Flashcards

Topic 10 Flashcards

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1
Q

Three employer defenses that
severely limit the relief an injured worker could obtain.

A
  1. Contributory negligence
  2. Assumption of the risk
  3. Fellow servant rule
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2
Q

An employer defense that an employee’s errant conduct contributed to a workplace injury.

A

Contributory Negligence

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3
Q

An employer defense that states an employee knows and accepts the risk of potential injury in a certain position.

A

Assumption of the Risk

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4
Q

An employer defense that another employee, not the employer, caused a workplace injury.

A

Fellow Servant Rule

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5
Q

Enacted in 1970, it governs safety in all businesses and created the Department of Labor and the Occupational Safety and Health Administration.

A

Occupational Safety and Health Act (OSHA)

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6
Q

A mandate that all employers comply with all safety and health requirements issued by the Department of Labor.

A

Compliance Requirement

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7
Q

A mandate that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job.

A

Continual Training Requirement

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8
Q

A form of insurance that provides wage replacement and medical benefits for employees injured while at work in exchange for relinquishment of the right to sue the employer for negligence.

A

Worker’s Compensation

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9
Q

Any action by an employee that furthers an employer’s business.

A

Course of Employment

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10
Q

With worker’s compensation, an injured employee receives wage replacements and medical benefits in exchange for relinquishing his/her rights to:

A

Sue the employer

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11
Q

In most states, worker’s compensation programs are mandatory for:

A

Employees and employers

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12
Q

Enacted in 1938, it protects workers from unfair wages, limits abusive overtime practices, and prevents child labor.

A

Fair Labor Standards Act (FLSA)

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13
Q

An exception to the minimum wage law that applies to employees under twenty years old.

A

Opportunity Wage

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14
Q

Any consecutive seven-day period.

A

Workweek

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15
Q

An option for public employers to allow time off for employees instead of payment.

A

Compensatory Time

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16
Q

Employees who are fully or partially free from FLSA provisions.

A

Exempted Employee

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17
Q

Which department administers FLSA rules?

A

Department of labor

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18
Q

Paying for overtime work with compensatory time is:

A

Not allowed for private employers but is allowed for public employers

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19
Q

What is the youngest permitted working age?

A

14

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20
Q

Enacted in 1993, this federal law governs leave for employees due to parental and medical necessity.

A

Family and Medical Leave Act (FMLA)

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21
Q

An event that entitles an employee to twelve weeks unpaid leave.

A

Qualifying Event

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22
Q

An incapacitating illness, injury, or impairment that requires overnight care or continuing treatment from a health care provider.

A

Serious Health Condition

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23
Q

A type of leave in which an employee is absent from work for a continuous length of time.

A

Continuous Leave

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24
Q

A type of leave in which an employee is intermittently absent from work.

A

Intermittent Leave

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25
Q

The FMLA governs leave for employees due to ____________ and ____________ necessity.

A

Parental : medical

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26
Q

Under FMLA provisions, how many weeks of unpaid leave is a qualified employee entitled to?

A

Twelve weeks

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27
Q

A 2008 amendment to the FMLA allowed for a twenty-six week period of leave for:

A

Qualifying family members of veterans seriously injured in the line of duty

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28
Q

When an employee desires to take FMLA leave, the employee has a burden to provide:

A

Health care provider certification of a serious health condition

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29
Q

Enacted in 1974, it protects worker benefits and encourages employer management of retirement funds.

A

Employee Retirement Income Security Act (ERISA)

30
Q

A document issued from an employer to an employee that contains information about an employee’s benefits.

A

Summary Plan Document (SPD)

31
Q

An entity that acts as a guardian or caretaker.

A

Fiduciaries

32
Q

An employer’s failure to consider important and relevant facts; acting in an arbitrary or capricious manner.

A

Abuse of Discretion

33
Q

A type of pension plan that provides a fixed amount payment upon retirement.

A

Defined Benefit Pension Plan

34
Q

A type of pension plan in which an employer sets aside a certain amount each year for the employee, to be distributed upon retirement.

A

Defined Contribution Pension Plan

35
Q

The conveying of an employee’s rights to benefits or contributions after a certain amount of time.

A

Vesting

36
Q

ERISA, unlike other federal laws,:

A

Has an expansive preemption of any state law

37
Q

Enacted in 1986, it allows an employee to extend company health care benefits for up to eighteen months after he or she leaves a job.

A

Consolidated Omnibus Budget Reconciliation Act (COBRA)

38
Q

COBRA allows that when an employee leaves a firm he/she may carry the firm’s health care plan – at the employee’s expense – for ____ months?

A

Eighteen

39
Q

COBRA applies to firms with ___________ or more employees.

A

Twenty

40
Q

An exiting employee must exercise his/her COBRA rights within how many days?

A

60

41
Q

The Department of Labor and the _______________ jointly supervise COBRA compliance.

A

Internal Revenue Service

42
Q

The effect of the Affordable Care Act on COBRA could save the U.S. employers billions of dollars in expenses that they now pay for exiting workers’ extended coverage. (T/F)

A

True

43
Q

Enacted in 1996, it establishes standards in the health industry for gathering, processing, retaining, and disclosing private health information.

A

Health Insurance Portability and Accountability Act

44
Q

What government agency administers HIPAA?

A

The Office for Civil Rights in the Health and Human Services Agency

45
Q

Individuals who willfully disclose private health information may face:

A

Criminal sanctions

46
Q

The action of an employee to report the wrongdoings of an employer

A

Whistleblowing

47
Q

Enacted in 1863, this federal law imposes liability on entities that defraud governmental programs.

A

False Claims Act (FCA)

48
Q

Enacted in 1982, it protects contractor employees from employment discrimination or retaliation for reporting company violations of the law.

A

Federal Whistleblower Statute

49
Q

Which two industries are common offenders of the False Claims Act (FCA)?

A

Defense contractors and the healthcare industry

50
Q

An FCA provision allows whistleblowers to receive around ______% of any recovered damages.

A

15- 25

51
Q

Section 806 of the 2002 Sarbanes-Oxley Act extended whistleblowing protection to any employee, or agent, of a/an:

A

publicly-traded company

52
Q

Enacted in 1994, it prevents any employer from discriminating against someone who is or has been in military service.

A

Uniformed Services Employment and Reemployment Rights Act (USERRA)

53
Q

A provision of USERRA that requires an employer to place a returning veteran in positions that he or she may have attained, absent the military leave.

A

Escalator Principle

54
Q

Process where a third party acts as an intermediary between the parties to a labor dispute, helping them to reach a settlement.

A

Conciliation

55
Q

A highly diversified firm that has multiple businesses with no relationships.

A

Conglomerate

56
Q

Procedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation.

A

Discovery

57
Q

U.S. military defense personnel policy over the last fifty years has seen a shift in emphasis away from a _____________ and towards a ____________.

A

Large standing army : reservist force

58
Q

The Uniformed Services Employment and Re-Employment Rights Act (USERRA) applies to employers with how many employees?

A

All employers regardless of size

59
Q

Under USERRA, employers are not required to:

A

Pay employees while on military leave

60
Q

For workers, worker’s compensation provides the exclusive remedy for illnesses and injuries which:

A

Arise out of and in the course of employment

61
Q

Worker’s compensation benefits are fixed by law and typically include replacement income of how much?

A

2/3 normal pay

62
Q

The FLSA requires that an employer pay “time and a half” wages for hours worked beyond __________ in the relevant workweek.

A

40

63
Q

Certain employees can be exempt from FLSA standards. What is the most common description of exempt employees?

A

A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay

64
Q

The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees?

A

50+

65
Q

Under FMLA, an employer may require the employee to see a company-paid physician to make an additional assessment if it has concerns about the validity of a health certification provided. (T/F)

A

True

66
Q

Under ERISA, how many days from the beginning of benefits coverage does an employer have to provide a summary document plan to the employee?

A

90

67
Q

Under ERISA, _________________ are considered fiduciaries.

A

Persons or entities which manage benefits funds

68
Q

What are the two different types of pension plans?

A

Defined benefit and defined contribution

69
Q

The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act?

A

ERISA

70
Q

HIPAA restricts employers’ use of an employee’s __________________________ to exclude coverage or charge more for medical benefits.

A

Pre-existing medical condition

Employment Law (12 decks)

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