Chapter 12 - Employment Law I: Employee Rights

Match the types of pensions with their features: Defined benefit plans v Defined contribution plans - The risk of the plan rests with the employer rather than the employee - The money vests quickly and follows the employee who changes jobs

Defined benefit plans - The risk of the plan rests with the employer rather than the employee Defined contribution plans - The money vests quickly and follows the employee who changes jobs

Match the types of variances from the Occupational Safety and Health Administration standards with their description: Permanent variance v Temporary variance - It permits additional time to put in place the necessary compliance measures - It is granted only if a workplace is as safe as if the standards were enforced

Permanent variance - It is granted only if a workplace is as safe as if the standards were enforced Temporary variance - It permits additional time to put in place the necessary compliance measures

Match the types of defamation with their descriptions: Slander v Libel - Spoken defamation - Written defamation

Slander - Spoken defamation Libel - Written defamation

True of False: Contingent workers, along with independent contractors, permit employers to rapidly and inexpensively inflate or shrink their workforces as needed.

True

True or False: Job classification is an important factor in determining the liability of a company for a job-related injury of an employee.

True

Identify the factors that have contributed to high levels of employee litigation. (Check all that apply.) a) A volatile economy b) Increased employer-employee loyalty c) Decreased legal protections d) Downsizing

a) A volatile economy d) Downsizing

Identify the true statements about using drug tests, integrity tests, personality tests, and surveillance in an organization. (Check all that apply.) a) Better employees are hired b) Coworkers feel protected c) Quality of the hired employees decreases d) Productivity decreases e) Consumers are shielded from poor products and service

a) Better employees are hired b) Coworkers feel protected e) Consumers are shielded from poor products and service

Identify a correct example of resume fraud. a) James falsely claims to hold a degree in economics on his resume b) Linda presented a video resume highlighting her skills during a job interview c) Thomas failed to present a resume on the day of his interview d) Sarah decided to keep her resume length shorter than accepted standards

a) James falsely claims to hold a degree in economics on his resume

With reference to OSHA's (Occupational Safety and Health Administration) rules concerning communication of workplace dangers, identify a true statement about the record-keeping requirements of small businesses engaging in nonhazardous activities. a) The businesses need not meet any record-keeping requirements pertaining to reporting workplace injuries b) The businesses must report any injuries suffered, however minor, by employees in off-site situations that can be classifies as work-related c) The businesses need to maintain records listing and summarizing work-related injuries d) The businesses must post a summary of the records of work-related injuries, illnesses, and deaths at the job site

a) The businesses need not meet any record-keeping requirements pertaining to reporting workplace injuries

Identify the true statements about critics of a federally mandated minimum wage. (Check all that apply.) a) They argue that the government should not interfere in the formulation of minimum wages b) They believe that an increase in minimum wage threatens job growth c) They prefer the involvement of the government in the formulation of the minimum wage d) They opine that an increase in minimum wages enhances the livelihoods of small, insignificant business owners

a) They argue that the government should not interfere in the formulation of minimum wages b) They believe that an increase in minimum wage threatens job growth

Fill-in-the-Blank: A(n) __________-__________ __________ is a types of employee who is not under contract for a definite period of time and can be fired at any point in time by an organization.

at-will employee

Identify a true statement about employer liability with reference to employment laws. a) Employers are usually held liable for the acts of their independent contractors b) Employers are usually liable for the actions of their employees c) A finding of employer liability excuses the employee from his or her personal liability d) The doctrine of respondeat superior holds employers liable for acts outside the scope of employment

b) Employers are usually liable for the actions of their employees

Identify the true statements about the Drug-Free Workplace Act of 1988. (Check all that apply.) a) It applies to employers who do not receive any financial aid from the government b) It applies to employers who have contracts of $100,000 or more with the federal government c) It applies to employers who receive aid from the government d) It applies to employers who have contracts of less than $100,000 with the federal government

b) It applies to employers who have contracts of $100,000 or more with the federal government c) It applies to employers who receive aid from the government

Identify a true statement about the overtime pay of workers covered under the Fair Labor Standards Act (FLSA). a) It is half the regular pay for hours worked over 40 hours per week b) It is at least 1.5 times their regular pay for hours worked over 40 hours per week c) It is twice the regular pay for all the hours worked d) It is the same for hours worked over 40 hours per week

b) It is at least 1.5 times their regular pay for hours worked over 40 hours per week

Identify the true statements about the leave offered by the Family and Medical Leave Act (FMLA) to employees. (Check all that apply.) a) It does not guarantee reinstatement to the same job b) It is unpaid leave c) It is paid leave d) It is job-protected

b) It is unpaid leave d) It is job-protected

Identify a true statement about on-site inspections conducted by the Occupational Safety and Health Administration (OSHA). a) They are conducted without providing a warrant to an employer b) They are conducted during working hours c) They are conducted without any representative of the employers d) They are announced in advance

b) They are conducted during working hours

What are the advantages that businesses gain from hiring independent contractors rather than employees? (Check all that apply.) a) They have greater ability to control worker performance b) They are free from certain tax obligations such as payroll taxes c) They are not liable for most torts committed by independent contractors in the course of work d) They have greater control over the rate of pay of the worker

b) They are free from certain tax obligations such as payroll taxes c) They are not liable for most torts committed by independent contractors in the course of work

Identify a true statement about the legal requirements for the compensation for workers in case of an injury or illness. a) Proof of employer negligence is required b) Workers give up the right to sue their employers c) Employers refuse to engage in an insurance system d) Workers can sue their employers using legal means

b) Workers give up the right to sue their employers

John was fired from his job because his boss was informed that John had been in prison for ten years before joining the organization. His boss was unaware of this because of __________. a) arbitration b) a failed background check c) permanent variance d) resume fraud

b) a failed background check

Matthew works for Lemur Inc., a headgear manufacturing firm, and reports to his boss Lydia. Lydia controls the daily activities and performances of Matthew. Matthew is an example of a(n) __________. a) proprietor b) employee c) legal advisor d) contractor

b) employee

The Fair Labor Standards Act (FLSA) exempts __________ from overtime pay rights. a) cashiers b) managers c) clerical workers d) labor workers

b) managers

Employees qualify for unemployment benefits by __________. a) retiring earlier than the stipulated date b) reaching a specified total of annual wages c) ensuring that the quality of their work meets expected standards d) working for hundred days in a year

b) reaching a specified total of annual wages

The Worker Adjustment and Retraining Notification Act (WARN) requires firms with _________ to provide 60 days' notice if they lay off one-third or more of their employees. a) leased employees b) daily hire and weekly hire employees c) 100 or more employees d) less than 100 employees

c) 100 or more employees

Identify the true statements about student internships (Check all that apply.) a) Student interns who are receiving an educational opportunity as their sole benefit are protected by the Fair Labor Standards Act b) Interns assisting with an employer's daily operations such as clerical work do not have a right to overtime c) Paid interns contributing to business operations have a right to minimum wage d) The more an internship focuses on an academic experience rather than the host's operations, the more likely it need not be a paid position

c) Paid interns contributing to business operations have a right to minimum wage d) The more an internship focuses on an academic experience rather than the host's operations, the more likely it need not be a paid position

__________ account for about one-third of workplace injuries. a) Law cardiac outputs b) Low respiratory ratios c) Repetitive motion and overexertion injuries d) Muscle spasm injuries

c) Repetitive motion and overexertion injuries

Identify the true statements about the negligence involved in the injury or death of an employee. (Check all that apply.) a) Proof of employer negligence is compulsory for legal compensation b) The employer can cite contributory negligence on the part of the employee regarding legal compensation c) Traditional defenses such as contributory negligence of the employee are not available to the employer in terms of legal compensation d) Proof of employer negligence is not required for legal compensation

c) Traditional defenses such as contributory negligence of the employee are not available to the employer in terms of legal compensation d) Proof of employer negligence is not required for legal compensation

The Occupational Safety and Health Administration (OSHA) comes under the __________. a) US Department of Energy b) US Department of Commerce c) US Department of Labor d) US Department of Health and Human Services

c) US Department of Labor

To ensure that business strategies of an organization are not leaked, employers request employees to __________. a) solicit their customers b) sign a noncompete clause c) pass trade secrets for monetary rewards d) extend their employment period

c) pass trade secrets for monetary rewards

Identify a true statement about postaccident drug testing. a) It is conducted after an advance notice is provided b) It is conducted when an employer has probable cause or reasonable suspicion c) It is conducted for those returning from drug or alcohol rehabilitation d) It is conducted when drug use is suspected

d) It is conducted when drug use is suspected

In the context of arbitration, identify a true statement about employees. a) They find it less adversarial than a trial b) They find it advantageous because it is quick and efficient process c) They find it cheaper and easier than a trial d) They find it disadvantageous as it is stacked in favor of employers

d) They find it disadvantageous as it is stacked in favor of employers

Employers find arbitration __________ than a trial. a) more adversarial b) slower c) more expensive d) cheaper

d) cheaper