Employment Law Unit 10

What is the youngest permitted working age? 12 14 16 18

14

An FCA provision allows whistleblowers to receive around ______% of any recovered damages. 25-40 40-50 15-25 5-10

15-25

Worker's compensation benefits are fixed by law and typically include replacement income of how much? 3/4 normal pay 1/2 normal pay 5/8 normal pay 2/3 normal pay

2/3 normal pay

A 2008 FMLA amendment allows for a ___________-week period of leave for qualifying family members of veterans seriously injured in the line of duty. 26 21 23 15

26

The FLSA requires that an employer pay "time and a half" wages for hours worked beyond __________ in the relevant workweek. 10 40 20 30

40

The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees? 75+ 25+ 50+ 5+

50+

An exiting employee must exercise his/her COBRA rights within how many days? 60 30 50 90

60

Under ERISA, how many days from the beginning of benefits coverage does an employer have to provide a summary document plan to the employee? 120 30 60 90

90

Certain employees can be exempt from FLSA standards. What is the most common description of exempt employees? A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay Middle-class wage workers in technical fields A blue-collar worker with minimum skill and a lower-paying position A white-collar professional with low responsibilities, few working hours, and median pay

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

What does it mean to engage in an abuse of discretion? Withhold someone's rights for financial gain Relay information that is privately held The act of blackmail Act in an arbitrary and capricious manner

Act in an arbitrary and capricious manner

The Uniformed Services Employment and Re-Employment Rights Act (USERRA) applies to employers with how many employees? 50 All employers regardless of size 20 10

All employers regardless of size

Under ERISA, when benefits are provided by a company, the company must: Provide correct information about benefits Actually deliver on promised benefits Allow for a review mechanism for disputes All of the above

All of the above

Under HIPAA, personal medical information is obtained by an authorization form that: Is signed by the individual Identifies which information is sought to be disclosed Details how long the permission is requested All of the above

All of the above

What is a "qualifying event" under FMLA? The birth or adoption of a child A serious health condition that makes the employee unable to perform the functions of his or her job The care of a family member with a serious health condition All of the above

All of the above

What is the escalator principle? If too many veterans come from one business, the rules do not apply to all involved. An employer must create an environment for disabled veterans to easily access. An employer must place the returning veteran in positions that he or she may have attainted, absent the military leave. A military employee cannot be fired for one year after arriving back at his/her place of employment.

An employer must place the returning veteran in positions that he or she may have attainted, absent the military leave.

What is the fellow servant rule? The injury is caused by an unpaid volunteer The employee understands the risks involved with his/her position Another employee, not the employer, caused the injury A customer or client injures the employee

Another employee, not the employer, caused the injury

For workers, worker's compensation provides the exclusive remedy for illnesses and injuries which: Arise as an effect of getting older Arise out of and in the course of employment Arise from personal negligence during work Arise in the course of everyday life

Arise out of and in the course of employment

What are the two basic requirements that OSHA places upon employers? General duty clause : safety first training General safety planning : safety complaint system of evaluation Health plan requirements : natural disaster certification Compliance requirement : General duty clause

Compliance requirement : General duty clause

To protect workers from unfair wages, limit abusive overtime practices, and prevent child labor: Congress enacted the National Labor Relations Act Congress enacted the Equal Pay Act Congress enacted the Fair Labor Standards Act Congress enacted the Fair Labor Equality Act

Congress enacted the Fair Labor Standards Act

Under the compliance requirement, this is the most violated OSHA regulation: Continual training Workplace violence training Natural disaster planning Safety complaint system

Continual training

ndividuals who willfully disclose private health information may face: Public rebuke Criminal sanctions National boycotting IRS audits

Criminal sanctions

Who does the Federal Whistleblower Statute protect? The federal government from fake whistleblowers Defense contractor employees from retaliation when reporting violations Private contractor employees from retaliation when reporting violations among other private contractors Private employers from fake whistleblowers

Defense contractor employees from retaliation when reporting violations

Which two industries are common offenders of the False Claims Act (FCA)? The healthcare industry and the banking industry Defense contractors and the E-commerce sector The banking industry and the E-commerce sector Defense contractors and the healthcare industry

Defense contractors and the healthcare industry

What are the two different types of pension plans? Defined benefit and contribution Defined benefit and defined contribution Defined benefit and actual contribution Undefined benefit and defined contribution

Defined benefit and defined contribution

Which department administers FLSA rules? OSHA Department of Standardized Labor Requirements Department of Labor The Department of Workforce Services

Department of Labor

Which of the following is not a criterion needed to receive twelve weeks of FMLA leave? Worked for the firm for 1,250 hours in the twelve months prior to taking leave Provided timely notice to the employer Experienced a qualifying event Direct approval from upper management

Direct approval from upper management

Designed to protect worker's interests in the regulation of benefits and encourage the careful employer management of retirement funds, Congress enacted: FMLA OSHA FLSA ERISA

ERISA

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

ERISA

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? Eighteen Twenty-four Six Twelve

Eighteen

In most states, worker's compensation programs are mandatory for: Employees Employers and employees Employers Federal employers and employees

Employers and employees

T/F Under USERRA, an employer is required to place an employee returning from a military deployment in the exact same employment position he/she had prior to leaving.

False

"To furnish to each of its employees...a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." This is known as: The compliance requirement General duty clause Continual training The reasonable person rule

General duty clause

ERISA, unlike other federal laws,: Allows states to ignore it completely Allows for states to craft stricter versions Has an expansive preemption of any state law Only has to be followed in thirty-six states

Has an expansive preemption of any state law

When an employee desires to take FMLA leave, the employee has a burden to provide: A plan of action for return Health care provider certification of a serious health condition Information on whether the leave will be continuous or intermittent Information on whether he/she will continue to work after his/her leave

Health care provider certification of a serious health condition

Which of the following situations would not be covered by worker's compensation? Performing work tasks while on the way to work Horseplay at work Injuries that occur while entering or leaving work property Commuting in a work vehicle

Horseplay at work

The Department of Labor and the _______________ jointly supervise COBRA compliance. Internal Revenue Service Human services agency OSHA Department of Workforce Services

Internal Revenue Service

U.S. military defense personnel policy over the last fifty years has seen a shift in emphasis away from a _____________ and towards a ____________. Career army : reservist force Large standing army : reservist force Reservist force : large standing army Drafted army : volunteer

Large standing army : reservist force

Paying for overtime work with compensatory time is: Not allowed for both public and private employers Not allowed for private employers but is allowed for public employers Allowed for private employers and not allowed for public Allowed for both public and private employers

Not allowed for private employers but is allowed for public employers

There is an exception to minimum wage rules called the _______________, which applies to employees under twenty years of age, who may be paid $4.25/hour for the first 90 days of employment. Development wage Underage wage Opportunity wage Incremental growth wage

Opportunity wage

The FMLA governs leave for employees due to ____________ and ____________ necessity. Logical : economic Medical : situational Fiscal : parental Parental : medical

Parental : medical

Under USERRA, employers are not required to: Hold military employees' jobs Pay employees while on military leave Offer health insurance for short leaves Allow provisions of health coverage at the employee's expense for long military leaves

Pay employees while on military leave

Under ERISA, _________________ are considered fiduciaries. The people who develop benefits plans Persons or entities which manage benefits funds Particular employees skilled in assisting other employees in writing their wills Company stock advisors

Persons or entities which manage benefits funds

HIPAA restricts employers' use of an employee's __________________________ to exclude coverage or charge more for medical benefits. Pre-existing medical condition Race or national origin Affinity orientation Age

Pre-existing medical condition

Which of the following is not an approved internal purpose to use personal health care information of employees? Obtaining payment for services Research into internal systems and processes in the delivery of services Treating a patient Predicting employment replacement needs

Predicting employment replacement needs

A 2008 amendment to the FMLA allowed for a twenty-six week period of leave for: Individuals attempting to adopt a child from a foreign country Individuals involved in a paralyzing accident Qualifying family members of veterans seriously injured in the line of duty Individuals battling cancer or assisting family members in overcoming cancer

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

Which of the following is not a method OSHA uses to ensure compliance to OSHA standards? Secret investigations without the employer's knowledge Imposing fines for rule violations Ensuring that continual training is taking place Spot workplace inspections

Secret investigations without the employer's knowledge

With worker's compensation, an injured employee receives wage replacements and medical benefits in exchange for relinquishing his/her rights to: Demand future raises Sue the employer Inform the general public about the incident FMLA time off

Sue the employer

An employer provides all the employee's benefit information to the employee in a document called the: Summary plan document Employee benefits schedule Summary of company benefits Benefits summary plan

Summary plan document

___________________is the federal act that allows an employee - at his or her own expense - to continue company health care benefits for up to eighteen months when he or she leaves a job. The Family and Medical Leave Act The Employee Retirement Income Security Act The Fair Labor Standards Act The Consolidated Omnibus Budget Reconciliation Act

The Consolidated Omnibus Budget Reconciliation Act

What government agency administers HIPAA? Internal Revenue Service Department of Labor The Office for Civil Rights in the Health and Human Services Agency Department of Workforce services

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

Which of the following was not one of the defenses employers could use to withhold relief from injured workers? Contributory negligence Assumption of the risk The fellow servant rule The reasonable person rule

The reasonable person rule

One of the main features of HIPAA is its prohibition against: The punishment of employees expressing themselves through social media Workplace violence The release of private medical data without the permission of the individual covered The advancement of employees based on romantic relationships and not merit alone

The release of private medical data without the permission of the individual covered

Which of the following is not an exception to the rule for rehiring veteran employees? Subsequent circumstances have made it "impossible or unreasonable" The veteran has sustained a physical disability during his/her tour of duty The veteran fails to return to work within a specified time following military service The prior employment was brief and carried no expectation of reemployment

The veteran has sustained a physical disability during his/her tour of duty

What is contributory negligence in the context of a workplace injury? The injury was caused by a natural disaster The worker's errant conduct contributed to the injury A customer or client's negligence caused the injury Another employee, not the employer causes the injury

The worker's errant conduct contributed to the injury

What is the purpose of the False Claims Act? To require the scientific community to uphold the burden of proof when making claims To impose a burden on the government for making false claims to the general public To protect the private sector against fake whistleblowing To impose liability on persons and firms who defraud governmental programs

To impose liability on persons and firms who defraud governmental programs

T/F The benefits received for worker's compensation are separate from any other medical benefits the worker may receive.

True

T/F 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.

True

T/F 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.

True

Under FMLA provisions, how many weeks of unpaid leave is a qualified employee entitled to? Ten weeks Twelve weeks Four weeks As many weeks as are needed

Twelve weeks

COBRA applies to firms with ___________ or more employees. Fifty Thirty Twenty One hundred

Twenty

Which Act prevents an employer from discriminating against a person who is, or has been, in military service? USERRA HIPAA COBRA FCA

USERRA

After a specified period of time, an employee's interests in a pension plan may not be forfeited. What is this known as? Investing Allotment Vesting Divesting

Vesting

What is whistleblowing? When an employee receives pay and benefits but does not perform his/her expected tasks When an employee reports a wrongdoing of an employer When an employer fires a model employee for no reason None of the above

When an employee reports a wrongdoing of an employer

When injuries occur in the workplace as part of the normal course of business, the process of providing remedy is governed by state law and is called: Worker's compensation Remedial welfare OSHA Unemployment

Worker's compensation

Section 806 of the 2002 Sarbanes-Oxley Act extended whistleblowing protection to any employee, or agent, of a/an: non-profit organization publicly-traded company internal government agency privately-traded company

publicly-traded company