Employment Law Chapter 9, 10, 11, 20, 21, and 22
Congress enacted the FLSA in:
1938.
If a worker is one who receives tips from customers, the employer is allowed to reduce the minimum wage paid to that worker by up to _____ percent, with the difference to be made up by tips received.
40
For a person to be "fully insured" by social security, he or she must accrue a minimum of thirty quarters of contributions.
False
The federal Employee Polygraph Protection Act of 1988 prohibits honesty testing.
False
Unemployment compensation litigation starts with the active worker's application for benefits.
False
Bruce was an excellent kitchen manager who had recently tested positive for AIDS. He applied for a job in a restaurant, but was rejected because the restaurant feared that his illness may transmit to others when he handled the food. This is a violation of Americans with Disabilities Act. Under this circumstance, Bruce has legal remedies in the form of:
Injunction
A worker who applies for social security benefits and is receiving them at age sixty-five is automatically covered under part A of:
Medicare benefits.
The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law.
Section 1983 of 42 U.S.C.
The Occupational Safety and Health Act does not apply to the federal and state governments in their capacity as employers, nor does it apply to domestic servants or:
Self-employed persons.
Which of the following is an example of an employee exempt from overtime or minimum wages under the FLSA?
Senior Manager, Human Resources
Drug testing by employers is not generally prohibited by any:
federal legislation.
In Label Systems Corp. v. Aghamohammadi, the defendants were terminated from employment alleging willful and felonious misconduct. The plaintiff filed a three-count complaint against the defendants and the defendants counterclaimed against the plaintiff by filing a third-party complaint. The jury in this case found that the plaintiffs were liable for vexatious litigation. The trial court denied several post-trial motions filed by both parties, awarded Label Systems $19,460.17 in punitive damages, and rendered judgment in accordance with the jury's verdict. The Supreme Court concluded that the trial court did not abuse its discretion by denying the plaintiffs':
motion for remittitur.
A basis of discrimination, classification, or differential treatment such as race, color, gender, religion or national origin by government action, for which there is little legitimate justification for treating persons because of such characteristics, is called as a:
suspect class.
An employee who attempts to report employer wrongdoing or actions threatening public health or safety to government authorities is called:
whistle blower.
Executive Order No. 11246 states that, as amended, firms doing business with the federal government must agree not to discriminate in employment on the basis of race, color, religion, national origin, or gender. This forms the basis of the federal government:
contract compliance program
In Baker v. Commissioner of Social Sec., the plaintiff was:
denied benefits.
A gymnasium was operated by the Church of Jesus Christ of Latter-day Saints. Aslam was physically challenged, but was able to undertake the job requirements. However, when he applied for the job, he was refused for the position. He filed a suit against the Church alleging violation of ADA by denying him the job. In this case, the church:
did not violate Title I of ADA.
The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:
180 days
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over what age?
40
If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____ to consider the waiver.
45 days
An individual must first file an ADA complaint with a state or local agency, where appropriate, and then with the:
EEOC.
Affirmative action plans must be updated once in every six months and must contain an analysis of the employer's use of minors and senior citizens for each job category in the work force.
False
Federal and state laws prohibit drug testing by private sector employers.
False
The federal Employee Polygraph Protection Act of 1988 supports the right of private employers to require employees to take polygraph, or "lie detector," tests.
False
The government regulation of the minimum wage is an attempt to reduce disparity and bring the earnings of workers closer to industry standards.
False
In Chao v. Gunite Corp., citations were issued for violations of:
Occupational Safety and Health Regulations.
OSHA's occupational safety and health standards are enforced through:
Physical inspections of workplaces.
The Equal Pay Act is an amendment to the Fair Labor Standards Act.
True
The Fair Labor Standards Act defines oppressive child labor by using:
age restrictions and identifying hazardous occupations.
Minors under age fourteen can be employed only in _____ under specific limitations and with parental consent.
agriculture
In Solis v. Laurelbrook Sanitarium and School, Inc., the issue at hand was the:
child labor provision of the FLSA.
The National Industrial Recovery Act provided that the codes of fair competition for each industry:
could limit child labor.
A technical violation, but so insignificant as to require no fine or remediation, is a(n) ___ violation
de minimis
The laws that allow employees to bring firearms onto their employer's property were challenged by a number of employers on the grounds that requiring employers to allow guns on their property would violate the employers' general duty under the _____ to provide a safe workplace.
federal Occupational Safety and Health Act (OSHA)
Steven, an employee with a newspaper company in New York, was not getting a promotion because he was over 55 years of age. He was also not getting increments in comparison to employees who were thirty years and below. He filed complaint with local EEO agency but they ruled out the discrimination. Now he can file suit directly in:
federal court.
In case of an FLSA violation, employees may file suit to recover back wages and overtime plus liquidated damages:
for an equal amount.
The fiduciary duties and conduct standards apply to any employee benefit plan established or maintained by an employer or in an industry or activity engaged in or affecting:
interstate commerce.
In Salazar v. Butterball, LLC, the plaintiffs were:
not entitled to pay for the donning and doffing periods.
Minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or nonmining occupations for limited hours:
outside school hours.
The disqualifications of an out-of-work employee include:
willful misconduct.
The high level of fault which serves to disqualify an out-of-work worker from unemployment compensation is called:
willful misconduct.
An employee's injury must be work-related in order to be eligible for:
workers' compensation.
Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:
direct threat.
In Georgia Association of Educators v. Harris, a federal court in Georgia:
issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment.
Private Transport Company was hiring for a bus driver position. Trevor was one of the candidates who applied for the job, but his application was rejected due to his poor vision. Trevor filed suit in court stating that the transport company violated ADA by rejecting his job application. In this case, the company most likely has defenses under:
job-related criteria.
The use of psychological profile tests as an employee selection device could possibly raise issues under the _____ or state antidiscrimination legislation
Americans with Disabilities Act
Section 1983 of the Civil Rights Act is restricted to claims of intentional discrimination
True
The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause, serious injury or death.
True
The Occupational Safety and Health Act, was enacted by Congress in 1970.
True
The Sarbanes-Oxley Act of 2002 applies to corporations whose shares are publicly traded in the United States
True
The Supreme Court held that the National Industrial Recovery Act (NIRA) was an unconstitutional delegation of congressional power in the 1935 case of Schecter Poultry Corp.
True
Under the social security system, a worker is considered disabled when a severe physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death.
True
Workers' compensation has been left primarily to the states to administer.
True
Under the Age Discrimination in Employment Act (ADEA), a waiver does not affect an employee's right to contact the Equal Employment Opportunity Commission to pursue a claim.
True
In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the:
U.S. Customs Service.
When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA) provides some specific exemptions, such as:
actions pursuant to a bona fide seniority system.
In Humphrey v. Memorial Hospitals Association, Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist. Humphrey was fired on October 10, 1995 because of her history of:
tardiness and absenteeism.
The Secretary of Labor recently issued new guidelines standards dealing with toxic materials or harmful physical agents. Associated Cements Inc. finds itself unable to comply with a standard by its effective date because of the unavailability of professional or technological personnel. Accordingly, Associated Cements Inc. may seek exemption under:
temporary variance.
Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his impending promotion. During his annual appraisal, his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty five. In this instance, Mark does not need to resign since:
under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited.
Ruth was diagnosed with an advanced stage of AIDS. Since she was a chef at a restaurant, the employer refused to allow her to work in the kitchen fearing that she may transmit the disease to others through food. Ruth filed a suit against the employer stating violation of ADA by refusing her job on the basis of her disability. There is a strong probability that the court held that, the employer has:
violated ADA.
In O'Connor v. Consolidated Coin Caterers Corp., the court of appeal held that:
whether the replacement was over or under 40 years of age was irrelevant.
In Gross v. FBL Financial Services, Inc., the Supreme Court held that the language of the Age Discrimination in Employment Act (ADEA) does not allow for:
"mixed motive" cases
As on July 24, 2009 the minimum wages for nonexempt employees is _____ per hour.
$ 7.25
The Fair Labor Standards Act (FLSA) is enforced by the National Labor Relations Board.
False
The Fair Labor Standards Act prohibits all forms of child labor
False
The Federal Employment Liability Act is a federal law designed to protect and compensate the injured:
Railroad workers
Age Discrimination in Employment Act prohibits discrimination against employees aged forty and older.
True
All the fifty states in the U.S. have their own laws that prohibit discrimination against individuals with disabilities.
True
The Americans with Disabilities Act (ADA) applies to both private and public sector employers with fifteen or more employees but it does not apply to most federal government employers.
True
Federal workers who are at least 25 years of age are protected under the Age Discrimination in Employment Act (ADEA).
False
The Age Discrimination in Employment Act (ADEA) is enforced and administered by:
Equal Employment Opportunity Commission.
Which one of the following laws requires criminal background checks for employees of the state Lottery Commission?
Indiana law
Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?
Infectious or contagious diseases
Complaints must be filed within 180 days of alleged ADEA violations with the Equal Employment Opportunity Commission.
True
The Occupational Safety and Health Act allows the employer and a representative authorized by the employees to accompany the inspector during physical inspection of the work site.
True
If early retirement and waiver are offered to a class of employees, the employer must provide employees with:
the factors to determine eligibility for early retirement.
Employees who were ordered to active military service are entitled to reinstatement and employee benefits if they meet the following requirements except:
they were initially employed for a brief, nonrecurring period.
The statute of limitations for willful violations is extended to _____ years.
three
Sophisticated employers recognize that unemployment compensation claims must be considered within the context of the company's:
total human resource strategy.
Which one of the following option is a program that involves giving preference in hiring or promotion to qualified female or minority employees?
Affirmative action program
In line with Lessig's observation, the EEOC released certain guidelines concerning the creation of emergency plans that comply with the:
American with Disabilities Act
In _____, the court held that the Occupational Safety and Health Administration was precluded from exerting its jurisdiction over offshore oil platforms because of the coverage by the Coast Guard and the Geological Survey.
Marshall v. Nichols.
In Henry v. City of Detroit, Henry filed a suit under:
Michigan's Whistleblower's Protection Act.
Which one of the following options is a basis of discrimination, classification, or differential by government action which is neutral with regard to race, color, gender, religion or national origin, and which is related to legitimate government interests?
Non-suspect class
Bruce is an employee of the Regus Group of Companies. His employer was not satisfied with performance and warned Bruce that if he could not improve his productivity, he should consider voluntary retirement since he was already 58 years of age. Within two days of receiving the warning, Bruce was given a notice by the human resources division asking him to submit his resignation without offering any early retirement benefits. In this instance, the employer violated both the Age Discrimination in Employment Act and:
Older Workers Benefit Protection Act.
The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to:
Research
In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from:
Retaliation.
Employees should attempt to have the employer correct the hazardous condition before exercising their:
Right to refuse
The Jones Act is applicable to:
Sailors
In Marshall V. Barlow's Inc., the Supreme Court held that an employer subject to an OSHA inspection may insist upon a(n):
Search Warrant.
The Davis-Bacon Act provides that contractors working on government construction projects must pay the prevailing wage rates in the geographic area, as determined by the:
Secretary of Labor
The authority to promulgate occupational safety and health standards through the Occupational Safety and Health Administration (OSHA) is granted to the:
Secretary of Labor
Brandy, an employee of Railcar Manufacturing Inc. (RMI), filed a complaint against the company alleging that the company violated Occupational Safety and Health Act. Further to this, RMI proceeds with retaliatory actions against Brandy. In this case, Brandy is protected under ______ of OSHA.
Section 11(c)(1)
Which one of the following Section, in part, states that "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contract as is enjoyed by white citizens"?
Section 1981 of 42 U.S.C.
Describe the coverage of the FLSA.
The FLSA deals with minimum wages, overtime pay provisions, child labor, and equal pay for equal work. It was amended to provide three bases of coverage. Employees engaged in interstate commerce, employees engaged in the production of goods for interstate commerce, and all employees employed in an "enterprise engaged in" interstate commerce are subject to the FLSA. It also covers most federal employees, some state/local hospitals, some educational institutions, and state/local government employees, and private household domestic workers.
Linda is the owner of Los Angeles-based leather manufacturing company. Almost 500 employees were working in that unit. Employees were not paid proper wages and overtime pay for extra time worked beyond their normal working hours. Who is authorized to file suit on behalf of employees seeking to collect wages and overtime?
The Secretary of Labor
In the case of a railroad worker accident brought to court in the 1900s, one of the defenses the railroad company used against the plaintiff was the "fellow-servant" doctrine. What does this refer to?
The accident is attributed to the negligence of the co-worker.
According to the study released by professors at Tulane University and the University of California at Berkeley, which of the following is NOT true of illegal immigrants?
The employer needs to maintain separate records on health and safety for illegal migrants working in hazardous occupations.
Which one of the following options is responsible for investigating and pursuing claims of whistleblowers?
The federal Office of Special Counsel
How did the NIRA come into effect?
The federal government attempted the general regulation of wages and hours through NIRA. It was passed in 1993 in an effort to improve the conditions during the Great Depression.
Provide examples of violations of the Age Discrimination in Employment Act.
The mandatory retirement of workers over age 55 while allowing workers under 55 to transfer to another plant location or the denial of a promotion to a qualified worker because the employee is over 50
An employer failing to make reasonable accommodation commits illegal discrimination under the Americans with Disabilities Act (ADA).
True
Under Part B of Medicare benefits, one-fourth of the premium is paid by the _____, whereas the other three-fourths are covered by the _____ general revenues.
beneficiary; federal government's
Employees covered by the FLSA are entitled to overtime pay at one-and-a-half times their regular pay rate, for hours worked:
in excess of forty hours per workweek.
The EPPA requires that any polygraph test must be administered by a(n):
validly licensed examiner.
Assume that Dave Johnson was suffering from physical disability and applied for a job at Coury Company. If Coury Company rejects his application because of his disability, they have:
violated the Americans with Disabilities Act.
Which of the following Acts is not aimed at restricting or regulating child labor?
Age Discrimination and Employment Act
The government attempted to reduce poverty and bring the earnings of workers closer to the cost of living by regulating:
minimum wages.
Which of the following is not true regarding minimum standards under the Employee Retirement Income Security Act?
Compliance to ERISA minimum standards by qualifying their benefit plans is mandatory.
The Federal Employment Liability Act (FELA) was passed in the year 1908.
True
Employees who are engaged in the production of goods for interstate commerce are not subject to the Fair Labor Standards Act.
False
Employers do not retain the right to refuse to hire or promote individuals with a disability who are unable to meet standards, tests, or criteria.
False
Even if voluntary retirement is truly voluntary, it is prohibited under the Age Discrimination in Employment Act (ADEA).
False
Federal EEO laws specifically prohibit employment discrimination based on criminal record.
False
If a citation is issued, the employer has thirty working days to notify the Occupational Safety and Health Administration (OSHA) that is intends to contest the citation or the proposed penalty.
False
If the employer fails to correct a cited violation after it has become final, a fine will be imposed of not more than $100 a day.
False
Individuals alleging a violation of a firm's obligations under Executive Order No. 11246 may file complaints with the Occupational Health and Safety Administration.
False
Mandatory retirements of executive employees who are over the age of sixty-five are prohibited under Section 631(c) of the Age Discrimination in Employment Act (ADEA).
False
Persons who are affected by alleged violations of the USERRA must file written complaints with the U.S. Attorney General.
False
Private individuals alleging violation cannot file a suit against their employer under the Age Discrimination in Employment Act (ADEA).
False
Social Security is a state funded and administered program.
False
The Age Discrimination in Employment Act (ADEA) does not include labor unions and employment agencies.
False
The Americans with Disabilities Act (ADA) considers a drug test to be a medical examination, and it prohibits an employer from administering drug tests to its employees or from making employment decisions based on the results of such tests.
False
The Americans with Disabilities Act (ADA) protects employees who use illegal drugs and alcoholics who are under the influence of alcohol at the workplace.
False
The Federal Employment Liability Act (FELA) provided that the codes of fair competition for each industry could limit child labor.
False
The Federal Employment Liability Act (FELA) was enacted in recognition of the incredible number of casualties in the mining industry.
False
The Occupational Safety and Health Act applies to the federal and state governments in their capacity as employers.
False
The Occupational Safety and Health Act does not apply to employees who work for an employer that is engaged in a business affecting interstate commerce.
False
The Rehabilitation Act of 1973 does not protect the employment rights of individuals with a disability.
False
The United States is the only nation that attempts to afford workers the right of refusal
False
The Walsh-Healy Act prohibits contractors under government contracts from using child labor to produce, manufacture, or furnish materials for the contract.
False
The Walsh-Healy Act regulates working conditions for private contractors.
False
The denial of a promotion to any worker over the age of thirty-five is a violation under the Age Discrimination in Employment Act (ADEA).
False
The provisions of Employee Retirement Income Security Act (ERISA) apply to employee benefit plans established by federal government.
False
The whistleblower provisions of Sarbanes-Oxley also apply to foreign citizens working abroad for foreign subsidiaries of U.S. corporations.
False
Under the Americans with Disabilities Act (ADA), an employer is required to make accommodation for an individual even if the accommodation would impose undue hardship on the operation of the business of the covered entity.
False
Under the Americans with Disabilities Act (ADA), employers cannot refuse to hire or accommodate any individual including conditions that pose a "direct threat" to the health or safety of others in the workplace.
False
If the employer fails to correct a cited violation after it has become final, a fine may be imposed, of not more than:
$1,000 per day
A plaintiff who alleges violation under the Age Discrimination in Employment Act (ADEA) must establish:
A prima facie case.
In Herbert v. Altimerter, Inc., the employee-plaintiff claimed she had been fired in retaliation for:
All of the above
Which of the following is NOT an option for a compliance officer in the event of an employer refusing entry for inspection?
An indictment warrant issued by a U.S. district judge should be produced.
In Gilmer v. Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should not litigate and is required to:
Arbitrate
The Employee Retirement Income Security Act (ERISA) sets the standards for pension plans on all of the following aspects except:
Asset Management
Smith was an employee of NYC Inc. with a history of alcohol and drug abuse. Though he successfully completed rehabilitation, he frequently fell ill which caused him to be absent from work. The owner of the factory assumed that Smith had slipped back into drug and alcohol abuse and insisted that Smith undergo random testing each week. Smith filed a lawsuit in court alleging that the company's decision was discriminatory and violated the ADA. The court held that:
ADA does not consider drug test to be a medical test
In Equal Employment Opportunity Commission v. Tire Kingdom, courts have held that there is no specific statute of limitations on:
Age Discrimination in Employment Act suits filed by Equal Employment Opportunity Commission.
A recruitment agency was hiring customer support executives. Rolin and Rhonda were both interviewed for the position, however 42-year-old Rolin was rejected despite his experience and educational credentials since the agency felt he was "too old and did not fit the young and perky image required of customer support executives". Twenty-three year old Rhonda was selected, though she lacked experience and relevant education. In this instance, the recruitment agency has clearly violated the:
Age Discrimination in Employment Act.
The _____ applies to both private and public sector employers with fifteen or more employees, but does not apply to most federal government employers, American Indian tribes, or bona fide private membership clubs.
Americans with Disabilities Act
In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court, in a 5-4 decision, ruled that the Eleventh Amendment to the U.S. Constitution gave the states immunity from individual suits for damages under the:
Americans with Disabilities Act.
In Chalfant v. Titan Distribution, Inc., Chalfant sued Titan for disability discrimination under the _____ and was awarded _____.
Americans with Disability Act; $60,000 in back pay
In _____, the Supreme Court held that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the Americans with Disabilities Act (ADA).
Cleveland v. Policy Management Systems
In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA?
Cleveland v. Policy Management Systems
Which of the following is not true of the enforcement procedure regarding FLSA?
Criminal proceedings for willful violations may be instituted by the Department of Labor.
Which of the following is not a basis for coverage under the FLSA?
Employees who are engaged in interstate commerce, but not including import and export.
The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:
Federal government employers
Which of the following is not a contentious case of injury or illness covered under workers compensation?
Injuries resulting from faulty design of the machinery used in the production floor.
Which of the following industries is mostly covered by State laws, as opposed to federal regulation?
Insurance and banking
Which of the following is not true of the Employee Retirement Income Security Act (ERISA)?
It applies to plans maintained solely for the purpose of complying with state workers' compensation.
Which one of the following is not true of the Employee Retirement Income Security Act (ERISA)?
It requires an employer to provide a pension plan for its employees.
Through the _____, the federal government attempted to the general regulation of wages and hours.
National Industrial Recovery Act (NIRA)
Mathew is an outside salesperson employed by ABC Distributors. His payment was below minimum wages and he was not entitled to get the overtime pay, even if he worked for extra hours. Can Mathew file a suit against the employer claiming minimum wages and overtime pay?
No, because outside salespeople are exempted from both the overtime and minimum wage provisions.
Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years. Her employer offered all workers 55 years of age and over an opportunity to go on early voluntary retirement with good incentives and a bonus plan. Linda felt this would allow her to spend more time with her family and she accepted the offer. In this case, did the employer violate the Age Discrimination in Employment Act?
No, because the Age Discrimination in Employment Act does not prohibit voluntary retirement as long as it is truly voluntary.
In Brown v. Lucky Stores, Inc., Lucky Stores fired Brown for abandoning her job. Brown filed suit against Lucky Stores and Hunt alleging discrimination based on her alcoholism under the ADA, Rehabilitation Act, FEHA and various state tort and contract claims. The trial court concluded Lucky Stores did not have a duty to accommodate Brown because she:
never requested an accommodation.
In Vande Zande v. State of Wisconsin Dept. of Administration, the court held that an employer's refusal to allow a disabled employee to work at home was:
not a violation of the ADA.
The minimum standards for pension plans must be met for the plan to qualify for:
preferential tax treatment.
Sam was a 55-year-old bus driver with a travel agency, and he had worked with the agency for over 15 years. One morning, his employer told him that he should consider retirement because he was "of a certain age" and it would be best for the safety of the passengers that he be replaced by someone younger. He also insisted that retirement was mandatory for any bus driver over the age of 50 per the company's policy. In this case, his employer needs to:
prove that mandatory age of retirement of employees is a Bona Fide Occupational Qualification for the job of a bus driver.
Employers are required to make _____ for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job.
reasonable accommodation
The Social Security system was originally formed as:
retirement and survivor's insurance.
Under the Social Security system, monthly benefits are payable to a retired insured worker from age _____ onward.
sixty-two
In Kimel v. Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the U.S. Constitution provides:
state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.
Employers and employees not covered by the Fair Labor Standards Act are generally subject to:
state laws of United States.
Although ERISA has sweeping preemptive impact on most state laws, it specifically exempts _____ from its preemptive powers.
state workers' compensation laws
Richard (plaintiff) tested positive for AIDS. He applied for a job at Gray Company (defendant), but was refused a job by the company due to his illness. He filed a lawsuit against the company by alleging violation of ADA. In this scenario, there is a strong possibility that the defendant may refuse to hire or accommodate an individual if:
that individual's condition poses a direct threat to the health of other workers.
The Age Discrimination in Employment Act provides for suits by the responsible government agency against non federal employees. In this instance:
the EEOC must attempt to settle the complaint voluntarily before filing suit.
Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age. He filed suit under the Age Discrimination in Employment Act. After his removal, the employer provided evidence that proved Eddy had accessed and copied confidential documents prior to his discharge, and that the tampering of documents could preclude the right of the plaintiff to sue under the Age Discrimination in Employment Act. The court would most likely state that:
the after-acquired evidence does not preclude the plaintiff's suit but rather goes to the issue of what remedies are available.
In the 1990 case of Adams Fruit Co., Inc. v. Barrett, the Supreme Court held that workers could bring suit for violations of specific federal legislation despite the fact that:
they had received benefits under the state workers' compensation law.
Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include:
transfer of a worker age of 30 and under.
Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law?"
Section 1985(c) of the Civil Rights Act
Employers from discriminating against employees because of their legal off-duty recreational or political activities are prohibited under _____ of the New York State Labor Law.
Section 201-d
In United Packinghouse Workers Union v. NLRB, the court held that race discrimination by an employer was an unfair labor practice in violation of _____ of the NLRA.
Section 8(a)(1)
In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use?
Skinner v. Railway Labor Executives' Association
In _____, the plaintiff claimed that the pay raise policy had a disparate impact against the older officers. The trial court dismissed the suit, and the U.S. Court of Appeals affirmed the dismissal.
Smith v. City of Jackson, Mississippi
Which one of the following state laws allows institutions of higher education to obtain background checks on applicants for security-sensitive positions?
Texas law
Suzy Smart works part-time in the Handi Mart convenience store. The manager at Handi Mart requires that each clerk arrive fifteen minutes prior to the start of the shift so that the clerk going off duty can review the sales figures and cash status with the replacement before leaving, but her extra fifteen minutes of working time was never recorded. Under which act can Suzy and her co-workers sue the store and the manager?
The Fair Labor Standards Act
Which one of the following options provides general protection for civil service workers from any discipline or retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds, or a substantial and specific danger to the public health or safety?
The Federal Civil Service Reform Act
In Oubre v. Entergy Operations, Inc, both sides conceded the release the employee signed did not comply with the requirements of the:
The Older Workers Benefit Protection Act.
Which one of the following acts imposes both civil and criminal penalties for employers who take adverse employment actions against whistleblowers?
The Sarbanes-Oxley Act
Employers who are covered under the Age Discrimination in Employment Act (ADEA) should employ at least:
Twenty employees
The Employee Retirement Income Security Act imposes standards of conduct and responsibility on fiduciaries of benefit plans established or maintained by employers and unions engaged in or affecting interstate commerce.
True
The Equal Employment Opportunity Commission administers and enforces the Age Discrimination in Employment Act (ADEA).
True
The Fair Labor Standards Act (FLSA) was first enacted in 1938 in order to deal with issues such as minimum wages, overtime entitlements, and even child labor.
True
The Occupational Safety and Health Act created three federal agencies for administration and enforcement of the Act.
True
The Occupational Safety and Health Act provides for the issuance of three kinds of standards: interim standards, permanent standards, and emergency standards.
True
The administrative enforcement proceedings involve a hearing before an administrative law judge.
True
The two main features of the Employee Retirement Income Security Act (ERISA)—the imposition of standards for fiduciary conduct and responsibility and the setting of minimum standards for pension plan requirements—have different bases for their coverage.
True
Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals who are qualified for employment.
True
Under Title VII, a person complaining of employment discrimination must file with any state or local EEO agency before taking their complaint to the federal Equal Employment Opportunity Commission.
True
Under the FLSA, minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or non-mining occupations for limited hours outside school hours.
True
Workers' compensation, as it has been instituted in virtually every state, is a statutory tradeoff.
True
Younger people must earn some social security credits to qualify for disability benefits.
True
How much should a worker be credited when he becomes disabled between the ages of thirty-one and forty-two?
Twenty quarters
Benefits paid to employees out of work through no fault of their own and who are available for suitable work if and when it becomes available falls under the category of:
Unemployment Compensation
Which of the following is not a category under the Social Security system?
Unemployment benefits
When it comes to worker violence or threats of violence, employers have adopted the policies of:
Zero-tolerance
The original and the main purpose of the Social Security system is to provide partial replacement of earnings when:
a worker decides it is time to retire.
In Smith v. Blue Cross/Blue Shield of Kansas, Inc., an accommodation that would eliminate an essential function of the employee's job is not reasonable, and an employer is not required to wait indefinitely for:
an employee to return to work.
When a worker dies in the factory because the employer failed to provide necessary safety in workplace, the investigating officer appointed under Occupational Safety and Health Act is known as:
an inspector.
Machinists and sewing machine operators are usually paid on a(n):
piece-rate basis.
The federal and state legislation generally prohibits employers from requiring employees to take:
polygraph tests.
All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA) except:
prohibits the voluntary retirement of employees.
The Occupational Safety and Health Review Commission is a(n) ______ created to adjudicate contested enforcement actions of OSHA
quasi-judicial agency
Women employees at Columbia Iron & Steel, Inc. operate a foundry in which a major portion of the raw materials used in the process come from scrap metal, including galvanized zinc. Health experts agree that exposure to zinc in the early stages of pregnancy can result in severe birth defects. If an OSHA citation is forwarded, the women employees are protected under the provision of:
right to refuse work.
The Walsh-Healy Act _____ for contractors providing at least $10,000 worth of goods to the federal government.
sets minimum standards for wages
A constitutional analysis used by courts hearing equal protection claims involving governmental discrimination based on a "suspect class" is known as a(n):
strict scrutiny test.
In McKennon v. Nashville Banner Publishing Co, the employer argued that an employee's after-acquired evidence precluded the right of plaintiff to:
sue under the Age Discrimination in Employment Act.
The feasibility of a standard must be examined from two perspectives:____ feasibility and _____ feasibility.
technological; economic
An employee who quits his job under normal conditions is not eligible to apply for:
unemployment benefits.
The unemployment claim is usually evaluated in the first instance by an unemployment officer or agency in the area where the:
worker resides.
The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high, arched roof. The company does not provide any safety norm to the employers, who are working on the roof. In an unfortunate incident, an employee fell of the high roof and lost his life. Upon investigation by the OSHA inspector, it was discovered that the employer had violated the standards under the act. This demands the employer to issue a(n):
written citation.
The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:
42 U.S.C. Section 1981A.
The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of:
65
Any individual with a claim against the fund used for benefit plans can directly seek legal remedies from the courts without proceeding an internal arbitration.
False
When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if it can prove that:
Compliance to the standard it impossible.
Employees covered by the Fair Labor Standards Act are entitled to overtime pay double the rate of their regular pay rate for hours worked in excess of forty hours per workweek.
False
Which of the following is NOT true of the record keeping requirement under the Occupational Safety and Health Act?
Employers are required to provide the records of health and safety statistics to the union on a regularly basis, or on demand.
What is meant by "age discrimination in employment" and under which act is it prohibited?
Employers, labor union, and employment agencies
Amanda is an employee at a local hospital situated in Nevada. The administration of the hospital was maintained by the local government. The entire hospital staff suffered an unfair labor practice at the hands of the members of the administrative department. The employees then decided to file a suit against the administrative department of the hospital. Under which of the following acts should the employees approach the court?
Fair Labor Standards Act
A de minimis violation is a significant technical violation
False
According to General Dynamics Land Systems, Inc. v. Cline, an employer that eliminated health insurance for workers under fifty but continued health insurance for the employees over fifty was held not to have violated the Age Discrimination in Employment Act (ADEA).
False
According to the law, a workweek consists of seven consecutive days and requires that the workweek start on a Monday.
False
After a standard has been promulgated by the Secretary of Labor, any person, even if he or she is adversely affected by it, cannot challenge the validity of the standards.
False
All employees covered under the Fair Labor Standards Act are entitled to overtime pay or subject to the minimum wage.
False
In Astoria Federal Savings & Loan v. Solimino, if the state or local EEO agency has ruled that the employee was not the victim of age discrimination; an individual can file an age discrimination suit in:
Federal Court
Ryan Sutherland is the CEO of Nuvage Mechanisms Inc. He feels that the new safety standard promulgated by the Secretary of Labor would adversely affect operational efficiency and financial outlay at his firm. In order to file a challenge against the validity of the new standard, he has to file them before the sixtieth day after the issuance of the standard with the appropriate:
Federal Court of Appeals.
Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?
Federal Employment Liability Act (FELA) and the Railway Labor Act
Persons who are affected by alleged violations of the USERRA must file written complaints with the:
Federal Secretary of Labor.
In West Coast Hotel Co. v. Parrish, the appellant was in the hotel business. The appellee, Elsie Parrish, was employed as a chambermaid and brought suit to recover the difference between wages paid to her and the wages set as standard. The appellant challenged the act as repugnant to the due process under the _____ of the U.S. Constitution.
Fourteenth Amendment
The constitutional challenges to public sector drug testing are based on the _____, which forbids unreasonable searches or seizures by the government
Fourth amendment
____is/are the second leading cause of fatal occupational injury in the U.S.
Homicide
Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to:
Income tax
Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment, prohibit the discrimination on the basis of:
gender.
Which of the following is not true regarding USERRA?
It applies only to career military service
Plaintiffs may bring suits under Section 1981 to challenge racial or ethnic harassment or retaliation, according to:
Manatt v. Bank of America, N.A.
Which of the following statements is not true?
New York law prohibits a mother from breast-feeding her child in any public place.
Sheila, a physically-challenged employee at National Steel Manufacturing Company, informs her supervisor about the lack of ventilation in the assembly unit, but the supervisor takes no action on her suggestion. In this scenario, it may be concluded that National Steel Manufacturing Company has violated the:
Occupational Safety and Health Act.
Which one of the following legislative protections is mainly designed to protect smokers or tobacco users from employment discrimination as long as their tobacco use is after the working hours?
Off-Duty Conduct
Welfare plans usually provide participating employees and their beneficiaries with all of the following except:
Pension benefits
_____ cariances are granted when the employer establishes by a preponderance of the evidence that its particular procedures provide as safe and healthful a workplace as the Occupational Safety and Health Act standards would provide.
Permanent
Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship?
Section 1981(b) of the Civil Rights Act of 1991
The provisions of the _____ prohibit discrimination against otherwise qualified individuals with a disability.
Rehabilitation Act of 1973
Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:
Rehabilitation Act, section 504.
In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:
Rescue Operations
Which of the following is true with regard to Hansen v. America Online, Inc.?
The private property rights of the employer allowed the employer to ban firearms from its property.
For a person to be "fully insured" by social security, he or she must accrue a minimum of _____ quarters of contributions.
forty
American workers of U.S. firms employed in foreign countries are covered under the Age Discrimination in Employment Act.
True
An employer in the food service industry can refuse to assign or transfer to a job, involving food handling, to any individual who has an infectious or communicable disease that could be transmitted to others through the handling of food.
True
By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation of Section 8(a)(5) or Section 8(b)(3).
True
Employers can hire, select, or promote individuals based on tests, standards, or criteria that are job related or are consistent with business necessity.
True
Executive Order No. 11246 provides the basis for the federal government contract compliance program.
True
If an employer or a class of employers believes that the Occupational Safety and Health Act standard is inappropriate to its particular situation, an exemption, or variance, may be sought.
True
If an employer, or a class of employers, believes that the OSHA standard is inappropriate to its particular situation, an exemption, or variance, may be sought.
True
Obama's first budget was released in late February 2009, and passed in early April 2009, which increased funding to the Occupational Safety and Health Administration (OSHA)
True
Persons not normally considered fiduciaries, such as consultants or advisers, may be found to be fiduciaries when their expertise is used in a managerial, administrative, or advisory capacity by the plan.
True
Remedies available under the Americans with Disabilities Act (ADA) include injunctions, hiring or reinstatement order and attorney fees.
True
Retirement ages for firefighters and law enforcement officers are set by local and state government under Section 623(j) of the Age Discrimination in Employment Act (ADEA).
True
Strict Scrutiny Test requires the government to demonstrate that the affirmative action program was necessary to achieve a compelling government purpose.
True
The Age Discrimination in Employment Act (ADEA) recognizes that age maybe a bona fide occupational qualification for some jobs.
True
The Americans with Disabilities Act (ADA) prohibits retaliation against any individual because the individual has opposed any act or practice unlawful under the ADA or because the individual has filed a charge or participated in any manner in a proceeding under the ADA.
True
The Civil Rights Acts of 1866 and 1870 were intended to ensure that the newly freed slaves were granted the full legal rights of U.S. citizens.
True
What kind of benefit is provided for disabled people under Social Security?
Vocational Rehabilitation
In Mumby v. Pure Energy Services, the court found that Pure Energy failed to compensate the plaintiffs for
Weekly Overtime
In Meyer v. Burger King Corporation, the Washington Supreme Court declined to limit the child's remedy to the provisions of the:
Workers' Compensation Act.
In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of:
Workplace safety.
In Tomick v. United Parcel Service, Inc., the plaintiff claimed he was fired based on:
disability.
In McCavitt v. Swiss Reinsurance America Corporation, McCavitt was employed as an executive by Swiss Reinsurance America Corporation (Swiss Re). McCavitt filed a suit against Swiss Re, alleging that his _____ was in violation of Section 201-d New York Labor Law.
discharge
In Cleveland Board of Education v. LaFleur, the Supreme Court struck down a rule imposing a mandatory maternity leave on teachers reaching the fifth month of pregnancy on grounds that it violated the _____ rights of the teachers.
due process
The Hot Zone Thermometer Company manufactures outdoor thermometers in a small factory in the Bronx. The company employs illegal immigrant's to do the assembly work which involves injecting liquid mercury into the glass tubes, sealing the tubes, and affixing them to the wooden frames of the twelve inch device. The management knew the risks involved, but declined to provide protective equipment, such as rubber gloves and masks, or even proper safety training for the workers. In this case, despite their illegal status, the employees are protected under the:
federal labor laws.
Donna and Paul DeRossi own an agricultural farm in the outskirts of New Jersey. Their son Ron, who is 13 years old, helps them every day by watering the saplings. Neighbors saw Ron working in the field every day and informed Department of Labor about this and complained of child labor. Have Donna and Paul violated the law under Fair Labor Standards Act (FLSA) by allowing their son to work on the agricultural farm land?
No, they have not violated the law of FLSA because the minors under the age of fourteen are allowed to work in agriculture under specific limitations and with parental consent.
Which of the following is not true regarding OSHA's authority regarding feasibility of standards?
OSHA cannot force an industry to develop and diffuse new technology to satisfy precise permissible exposure limits.
If OSHA or an employee objects to the requested extension or modification, a hearing is held before the:
Occupational Safety and Health Commission.
It was found that proper safety measures were not provided for the employees at Stumpp Inc. When an employee files a complaint against the company contending that company violated the Occupational Safety and Health Act, the power to adjudicate the complaint lies with the
Occupational Safety and Health Review Commission.
Which of the following is not true of unemployment claims litigations?
Regardless of whether the decision is favorable or unfavorable, an appeal is not possible.
Sam was fired from his employment because he had opposed the management decision to terminate several disabled coworkers from employment. Sam filed a complaint and participated in proceedings under the ADA against the employer. In this case:
Sam is protected under Americans with Disabilities Act, which prohibits retaliation by the employers.
The _____ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.
Secretary of Health and Human Services
Which of the following is not a condition for administrative employees to be exempt from overtime and minimum wage requirements under the FLSA?
The primary duty does not include general business operations with the firm's customers.
Riana was working as a domestic worker for the Stephenson family in New York for about six months. She had not been paid on time since the first month of her joining. Can she file a suit against her employer under the FLSA?
Yes, as the FLSA coverage extends to private household domestic workers.
In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers was:
a Bona Fide Occupational Qualification.
Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas' role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member. In this case, the employer has the burden to prove that removal of Nicolas is:
a reasonable factor other than age.
Robert is a sixty-year old sales manager at a local car dealership. Due to the state of the economy, the dealership had to undergo restructuring which resulted in the elimination of Robert's position. The duties he performed were transferred to Gaines who was 42-years old. However, Robert felt that the actual reason for eliminating his position was his age, which was against the arbitration clause in his employment agreement. To provide his case, Robert has to:
arbitrate with the employer.
Verona Meyer was employed by Sonrise at Burger King. On April 26, 1995 during the course of her employment, she lost her footing and struck her lower abdomen on the corner of a table. Later that evening, Verona went to the hospital and delivered a baby, Patricia. In April 1998, the Meyers, on behalf of themselves and their daughter filed a suit against Sonrise for negligence and unsafe working conditions. The Washington Supreme Court in this case, upholding Patricia's right to a remedy because she is a person exercising her retroactive right to recover for prenatal injuries:
did not recognize fetus as a person in the whole sense.
The Congressional Accountability Act of 1995 extended the coverage of the Fair Labor Standards Act to:
employees of the Senate.
Wills appeared for a written examination for a job in the Department of Health in Federal Government. He was selected for the particular job, but the head of the department disqualified him on the ground of disability. In this case, 501 of the Rehabilitation Act, prohibits discrimination on the basis of disability by the:
federal executive
Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by
federal executives.
In Christensen v. Harris County, Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued compensatory time. Employees of the Harris County Sheriff's Department sued the County claiming that such policy is prohibited under the FLSA. In its judgment, the Supreme Court:
held that no statutory provision prohibits Harris County from pursuing its policy.
In Ruby v. Sandia Corp., the plaintiff lost:
his pension.
Firms found to be in violation of the obligations under the Executive Order, either through the courts or the administrative proceedings may be subject to _____ and required to provide back pay and grant retroactive seniority to affected employees.
injunctions
Carl is working as a ground staff for Ramset airlines since five years and his employer refused to complete his annual appraisal since he was over fifty years of age. He filed suit alleging violation under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered for remedies such as:
liquidated damages and legal fees.
Duke was an employee at General Vehicles Company. He had a problem with alcohol and often remained absent from work. The company decided to terminate him from employment after confirming their suspicions, but without providing a warning or any suggestion to undergo rehabilitation. In this case, the company violated ADA and Rehabilitation Act, which failed to:
make reasonable accommodation.
