Business Law: Chapter 21

57. An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked at least 1) 1,250 hours during the previous 12 months. 2) 3,000 hours during the previous 24 months. 3) 2,250 hours during the previous 24 months. 4) 2,500 hours during the previous 12 months. 5) 1,500 hours during the previous 12 months.

1,250 hours during the previous 12 months.

70. The Age Discrimination in Employment Act forbids age-based discharge of employees over age 1) 60 2) 40 3) 45 4) 50 5) 35

40

56. Aaron works as a manager at Chewy's, a restaurant in Mountain State, with 70 other employees. He has been working there full time for 22 months. One day his wife calls with some bad news. His father-in-law has been severely injured in a car accident while returning from work. Aaron asks his employer for leave under the Family Medical Leave Act (FMLA). In this scenario, which of the following statements is true? 1) Aaron is not entitled to the leave because the number of hours he has worked during the preceding 12 months is less than what is required by the act. 2) Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member. 3) Aaron is entitled to take leave to care for his father-in-law. 4) Aaron is not entitled to the leave because the provisions of the FMLA Act apply only to females. 5) Granting the leave is entirely at the discretion of the employer, who can deny the leave request if it would disrupt business..

Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member.

69. Lily has been working at Fasching and Co. for six years. Her pension plan will vest at her seven-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The Chief Financial Officer (CFO) has determined that cost cutting is needed to keep the company profitable. He recommends that Lily be fired before her pension vests and becomes a permanent liability against the corporation. According to the ______ the company cannot fire her to prevent her from getting vested pension rights. 1) Health Insurance Portability and Accountability Act (HIPPA) 2) Employee Retirement Income Security Act (ERISA) 3) Consolidated Omnibus Budget Reconciliation Act (COBRA) 4) Immigration Reform and Control Act (IRCA) 5) Fair Labor Standards Act (FLSA)

Employee Retirement Income Security Act (ERISA)

47. Which of the following statements is true regarding requirements for nursing mothers under the Fair Labor Standards Act (FLSA)? 1) A private bathroom is a permissible location for expressing milk. 2) All employers, regardless of the number of employees, are subject to the break time requirement. 3) Employers must provide reasonable break time for an employee to express milk each time the employee has the need. 4) Employers are required to compensate nursing mothers for breaks taken for the purpose of expressing milk. 5) Employers must continue to provide nursing breaks until the child is 5 years old.

Employers must provide reasonable break time for an employee to express milk each time the employee has the need.

True or False: 1. States may set minimum wage amounts that are lower, not higher, than the federal minimum rate.

False

True or False: 18. The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.

False

True or False: 3. In internship programs under the Fair Labor Standards Act (FLSA), an intern is entitled to wages for the time spent in the internship.

False

True or False: 4. The Fair Labor Standards Act (FLSA) requires employers to provide a functional space for nursing mothers to express breast milk, which can include a private bathroom.

False

76. Public employees are protected from some drug testing by the ______ Amendment's prohibition against unreasonable searches. 1) Fourth 2) Seventeenth 3) Tenth 4) First 5) Fifth

Fourth

Which of the following is not a true statement about the Uniformed Services Employment and Reemployment Rights Act (USERRA)? 1) It protects those performing uniformed service from discrimination in the context of promotions. 2) It protects those performing uniformed service from discrimination in reemployment. 3) It provides reemployment rights following a period of service regardless of the conditions of discharge. 4) It provides protection from discrimination regarding any benefit of employment. 5) It protects those performing uniformed service from discrimination in initial employment.

It provides reemployment rights following a period of service regardless of the conditions of discharge.

The trade union of a petroleum company enforced strikes, resisted lockouts, and pursued campaigns. This forced Daniel, the CEO of the organization, to take adverse actions by firing a few of the employees. However, he was prohibited from doing so. Which of the following acts would most likely have prohibited Daniel from firing his employees?

The Labor-Management Relations Act

59. Which of the following statements is true of an employer in case an employee is on family medical leave? 1) The employer should refrain from awarding bonus to employees for perfect attendance who were granted leaves under the Family and Medical Leave Act (FMLA). 2) The employer is entitled to review the actual medical records of the employee. 3)The employer should ensure that the employee is supposed to be disadvantaged by the fact that the leave was taken. 4) The employer may request a medical certification that a qualifying event has occurred in the employee's life. 5) The employer can rescind the employee's job contract when the employee returns to work.

The employer may request a medical certification that a qualifying event has occurred in the employee's life.

63. Which of the following is true of the Occupational Safety and Health Administration (OSHA)? 1) Employees making complaints who are subjected to discrimination are prohibited from filing a complaint with OSHA. 2) OSHA boycotts the principles of the Severe Violator Enforcement Program (SVEP). 3) Employees are refrained from having the right to request an OSHA inspection. 4) An employee can sue an employer for damages based on an OSHA violation. 5) The private cause of action is absent under OSHA.

The private cause of action is absent under OSHA.

True or False: 11. The Worker Adjustment and Retraining Notification (WARN) Act requires that employers give employees prior notice of plant closings or mass layoffs.

True

True or False: 17. Under the Family and Medical Leave Act (FMLA), an employee's healthy child who is over 18 years old does not qualify as an immediate family member.

True

True or False: 2. Breaks or meal periods are not required to be given to workers under the Fair Labor Standards Act (FLSA).

True

True or False: 22. In the context of employment-at-will, employers were able to discharge employees without cause at any time.

True

True or False: 25. An employer's publication of an employee handbook can change the nature of at-will employment.

True

44. Under the Fair Labor Standards Act (FLSA), the overtime pay for workers is 1) a rate that is lower than the minimum wage. 2) a rate not less than one and one-half times the employee's regular rate of pay. 3) a rate that is equal to the employer's regular rate of revenues. 4) decided by the employer after mutual consent and agreement with the workers. 5) variable depending upon the particular job involved.

a rate not less than one and one-half times the employee's regular rate of pay.

46. If the state minimum wage rate is higher than the federal minimum wage rate, then employers...

are legally required to pay the state minimum wage rate.

75. Under the Employee Polygraph Protection Act, ______. 1) private employers are permitted to use lie detector tests while screening job applicants 2) employers cannot be sued by employees for violating the act 3) private security companies are prevented from using lie detector tests while screening job applicants 4) current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer 5) current employees are refrained from being tested even in cases involving distinct incidents that cause loss to an employer's business

current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer

81. The ______ states that an employee's sole remedy against an employer for workplace injury or illness shall be workers' compensation. 1) fellow-servant rule 2) shelter rule 3) exclusive remedy rule 4) contributory negligence rule 5) assumption of the risk rule

exclusive remedy rule

42. Which of the following provides requirements for private pension plans? 1) the Fair Labor Standards Act 2) the Civil Rights Act of 1964 3) the Worker Adjustment and Retraining Notification Act 4) the Social Security Act 5) the Employment Retirement Income Security Act

the Employment Retirement Income Security Act

73. The discharge of an employee for reporting the employer's alleged violations of law is known as ______. 1) benchmarking 2) ratification 3) affirmative action 4) accommodation 5) whistleblowing

whistleblowing