MGMT 485 Chap 16
Identify the true statements about the Family and Medical Leave Act (FMLA).
It guarantees any eligible employee a total of 12 workweeks of leave to care for her or his parents. It guarantees an employee who has been on the job for a year up to 12 weeks of leave per year for a birth.
An employer may use the defense of _____ to a violation of the Occupational Safety and Health Act (OSHA) where the hazards of compliance are greater than the hazards of noncompliance, where alternative means of protection are unavailable, and where a variance was not available.
greater hazard
Identify the true statements about the Family and Medical Leave Act (FMLA).
It guarantees an employee who has been on the job for a year up to 12 weeks of leave per year for a birth. It guarantees any eligible employee a total of 12 workweeks of leave to care for her or his parents.
For enterprise coverage under the Fair Labor Standards Act (FLSA), all employees of a business will be covered if the business _____.
is engaged in producing goods for interstate commerce
The general duty clause of the Occupational Safety and Health Act (OSHA) states that _____.
it is employers' responsibility to be aware of workplace hazards
A true statement about the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) is that _____.
it requires employers to extend workplace health care coverage to dependents who would otherwise lose coverage due to ceasing to be a dependent
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) applies to group health plans provided by employers with:
20 or more employees on a typical working day in the previous calendar year.
HIPAA's privacy provisions apply to covered entities. Covered entity is broadly defined, and may include all of the following, except:
An employer using a third-party provider to manage and administer its health plan.
Billy has been an employee of Steelix Ads for the last nine months. Billy requests his employer for 20 weeks leave to take care of his father-in-law, a returning war veteran who is seriously injured. This request was rejected by Steelix Ads in full compliance with the Family and Medical Leave Act (FMLA). In the context of the FMLA, which of the following justify Steelix Ads's decision? (Check all that apply.)
Billy has worked at Steelix Ads for less than a year. The FMLA covers Billy's spouse, parents, and children, but not his father-in-law.
The problem of an employee losing workplace health care coverage when the employee stopped working or switched jobs was addressed by the _____.
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
Damon, a supervisor at an amusement park, ensures the safety of amusement rides. He fractures his leg while testing a ride as he was not wearing adequate safety gear. According to the Occupational Safety and Health Act (OSHA), which of the following is true about this scenario?
Damon will not be able to sue his employer because his injury was the result of his reckless behavior.
What are the two general forms of pension plans?
Defined contribution and defined benefit
__________ was enacted as a way to encourage cautious, careful management of retirement and benefit plans by employers who were getting tax benefits for doing so.
ERISA
The _____ is a federal law that governs certain administrative aspects of employee benefit and retirement plans.
Employee Retirement Income Security Act (ERISA)
The _____ requires an employer or plan administrator to provide information to each participant and beneficiary about retirement plans and welfare plans.
Employee Retirement Income Security Act (ERISA)
Which of the following is true of an employee's right to be paid for time putting on or removing protective gear?
Employees generally must be paid for the time that it takes to put on or remove protective gear, although it may be the subject of collective bargaining.
Identify a true statement about the Occupational and Safety Health Act (OSHA).
Employers must comply with all the safety and health standards dictated by the Department of Labor.
True or false: The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) does not provide guaranteed workplace health care coverage to employees who leave employment for a relatively short time and may have difficulty obtaining coverage.
False
True or false: The Employee Retirement Income Security Act (ERISA) is concerned only with retirement plans.
False
in 2008, President George Bush signed into law an FMLA amendment that did what?
Granted 26 weeks unpaid leave if the care was for a returning war veteran.
Timothy started working for a fast-food joint three years ago to help pay for his college tuition. He is 21 years old, earns $15,000 annually, and believes that he is covered by his employer's pension plan. In the context of the Employee Retirement Income Security Act (ERISA), which of the following statements is true about this scenario?
He is eligible for the plan as he is 21 years old.
A private airline employs both full-time and part-time employees. One of its administrative professionals, Davis, regularly works over 40 hours per week and is paid a salary of $120,000 per annum. Davis thinks that he is entitled to overtime pay under the latest regulations of the Fair Labor Standards Act (FLSA). Which of the following statements is true about this scenario?
He is exempt from the overtime provisions of the FLSA because he earns more than $100,000 per year.
Which of the following statements is true?
If a state child labor law is stricter than the federal law, the state law applies.
Which of the following allows for an exception to ERISA's fiduciary requirements?
Individual account plans
According to the Occupational Safety and Health Act (OSHA), which of the following workplace injuries must be reported by employers? (Check all that apply.)
Injuries that involve transfer to a different position Injuries that involve medical treatment Injuries that involve restriction of work or motion
Identify an accurate statement about workplace bullying.
It can rise to the level of harassment and discrimination and the creation of a hostile work environment.
which of the following is true of the Employee Retirement Income Security Act?
It does not cover plans established or maintained by governmental entities or churches.
In the context of the Employee Retirement Income Security Act (ERISA), identify a true statement about a summary plan description (SPD).
It must be furnished to each participant eligible for benefits under the plan.
Which of the following is true of the minimum wage law?
It was passed nine years after the Wall Street crash of 1929 in hopes that it would avoid another Depression.
Manhattan Tools takes all reasonable precautions to guard employees against known hazards in its production facilities. However, Curtis, an employee, found many of the precautions too cumbersome to follow. Curtis is injured when he circumvents these precautions. Which of the following is most likely to be true in this case?
Manhattan Tools will not be liable as the harm was the result of reckless behavior on Curtis' part.
_________ means the least amount an employee must earn per hour.
Minimum wage
With reference to the Occupational Safety and Health Act (OSHA), identify a true statement about the continual-training requirement.
OSHA has made an effort to simplify the requirement by supplying employers with data concerning the surrounding hazards.
Youssef has been an employee of HRG Industries for the past year and a half. His wife was recently diagnosed with cancer and needs to undergo surgery. Youssef asks his supervisor, Robert, for four weeks of leave pursuant to the Family and Medical Leave Act of 1993 (FMLA) for his wife's surgery and rehabilitation. Which of the following holds true in this case?
Robert is required to grant the leave under the FMLA because Youssef has worked for HRG Industries for more than 12 months.
After the 2004 overhaul of the Fair Labor Standards Act (FLSA) overtime regulations regarding their exemption for white-collar professionals, who among the following employees is entitled to overtime pay?
Stephen who earns $350 per week
Gisele has been with My Home Industries for the past two years. Her company employs 50 employees. She recently took 12 weeks of unpaid leave to tend to her terminally ill father-in-law. She had recorded 1,300 hours of work during the 12 months preceding the time off. Upon returning to work, she learned that her employers had initiated a disciplinary action against her. She argued that the Family and Medical Leave Act gave her the liberty to take the time off, but her employers were right in initiating the disciplinary action. Why?
The Act does not guarantee an employee unpaid leave for the care of the spouse's sick parents.
Which of the following is an accurate statement about the Fair Labor Standards Act (FLSA)?
There are two types of coverage in the act: individual coverage and enterprise coverage.
With reference to the Employee Retirement Income Security Act (ERISA), identify the true statements about fiduciaries. (Check all that apply.)
They must discharge their duties solely in the interests of plan participants. They must invest plan assets in a diversified manner to avoid large losses.
Retirement plans where the benefit payable to a participant is defined up front by a formula, the funding of which is determined actuarially
Those with defined benefits
Retirement plans where the benefits payable to a participant are based on the amount of contributions and earnings on such contributions
Those with defined contributions
True or false: Under the Fair Labor Standards Act (FLSA), employers are required to pay covered employees a certain minimum hourly wage.
True
True or false: When workers who have experienced workplace bullying are asked what made the behavior stop, the Workplace Bullying Institute (WBI) reports that the consistent answer is quitting the job or being terminated.
True
Tomlin was working next to Adrian when Adrian started flipping his towel at Kellen. Kellen jumped to avoid Adrain's towel strike but knocked down Tomlin breaking his arm in the process. Under no-fault rules will Tomlin be able to recover for his injuries?
Yes, but he will be compensated but his recovery amount will be limited by workers' compensation laws.
A characteristic of the Occupational Safety and Health Act (OSHA) is that it _____.
allows for routine inspections in certain high-risk industries
The Employee Retirement Income Security Act (ERISA) was amended by the Pension Protection Act (PPA) of 2006 to address the perceived abuses of Enron and WorldCom. Since Enron, participants in individually directed account plans must _____.
be notified in advance of so-called blackout periods
The Employee Retirement Income Security Act (ERISA) does not cover _____.
benefit plans that are payroll practices from an employer's general assets
The _____ requirement by the Occupational Safety and Health Act (OSHA) requires that the employer provides safety training to all new employees and to all employees who have been transferred into new positions.
continual-training
A __________ under OSHA is one that violates standards but have no direct or immediate relationship to safety or health.
de minimis violation
To prevent possible workplace violence, employers should develop a workplace violence policy which includes all of the following except:
disciplinary action against employees who may have recognized disabilities under the ADA, and who are suspected to be involved in workplace violence issues.
Standards that are imposed by the Occupational Safety and Health Act (OSHA) without immediately going through the typical process where an employee is exposed to grave danger from exposure to substances and that are necessary to protect employees from the danger are called _____.
emergency temporary standards
The secretary of labor may establish ________ that are imposed without immediately going through the typical process of publication in the Federal Register to prevent employee exposure to toxic substances.
emergency temporary standards
A(n) _____ is a contractual obligation either through a plan, fund, or arrangement by which an employer or an employee organization, such as a labor union, agrees to provide retirement benefits or welfare benefits to employees and their dependents and beneficiaries.
employee benefit plan
A characteristic of the emergency temporary standards imposed by the Occupational Safety and Health Act (OSHA) is that they are _____.
established to protect employees from potentially grave danger
An individual who has discretionary authority over the investment or management of plan assets of others is known as a(n) _____.
fiduciary
A provision of the Occupational Safety and Health Act (OSHA) requiring that employers furnish to each employee employment and a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm to the employee is called the _____ clause.
general duty
There are two types of coverage in the FLSA: __________.
individuals and enterprises
The Occupational Safety and Health Act (OSHA) states that employers must _____.
inform employees of their OSHA rights
A true statement about the Employee Retirement Income Security Act (ERISA) is that _____.
it technically applies to employee benefit plans
According to the Occupational and Safety Health Act (OSHA), as long as an employer is covered by the act, has more than 10 employees, and is not subject to one of the few exceptions, it must _____.
maintain certain records for OSHA compliance
An attribute of the Occupational Safety and Health Act (OSHA) is that it _____.
prohibits employers from discriminating against employees who exercise rights afforded by the act
A characteristic of the Fair Labor Standards Act (FLSA) is that it _____.
prohibits pay differentials based solely on gender
The Employee Retirement Income Security Act (ERISA) states that employers with defined benefits plans must _____.
purchase insurance from the PBGC to cover any losses of benefits if the plan is terminated without sufficient funds to pay all promised benefits
According to the Employee Retirement Income Security Act (ERISA), a fiduciary is responsible for _____.
selecting the menu of investment alternatives
The Fair Labor Standards Act (FLSA) impacted labor by _____.
setting standards for the minimum age for workers
A defense to a negligence action based on the argument that an injured party voluntarily exposed herself or himself to a known danger created by the other party's negligence is known as _____.
the assumption of risk
Before the passage of OSHA, several defenses allowed employers to escape liability for injuries in the workplace. One of these is the contributory negligence defense which says:
the employee contributed to his injury by his own negligence.
A difference between retirement or pension plans with defined contributions and those with defined benefits is that _____.
those with defined contributions involve plans in which each employee has her or his own account
The purposes for the Health Insurance Portability and Accountability Act (HIPAA) include which of the following?
to prevent employers from restricting coverage due to pre-existing conditions
True or false: To ensure that adequate funds are available under defined benefit plans to pay employees on their retirement, the Employee Retirement Income Security Act (ERISA) establishes minimum standards on how those plans should be funded throughout the years.
true
True or false: Under the Fair Labor Standards Act (FLSA), employers are required to pay covered employees a certain minimum hourly wage.
true
Workers' compensation laws are generally---------------which means that workers injured on a job are entitled to recover for their injuries without having to prove who is at fault.
Blank 1: no Blank 2: fault
Chuck, an executive at Dewey, Inc., a privately run firm, earns a base salary of $150,000 a year. Due to a large amount of employee attrition, Chuck has had to work overtime hours for the past several weeks. Chuck has filed a claim to get overtime pay. The most likely result is
Chuck will not get overtime pay because he an executive who earns more than $100,000 a year.
Laney, is an employee of Carterez, a general construction contractor. Laney is hospitalized to be treated for the high cement exposure she has been subject to at work while Bartow, a subcontractor, was laying the cement foundation for a structure. Carterez is cited by Occupational Safety and Health Act for violation of the protective gear requirements. This follows the
multiemployer doctrine.
Before reviewing a high-risk workplace for compliance with the Occupational Safety and Health Act's standards, a safety inspector:
must ensure that no unauthorized advance notice of the inspection was given to the employer.
Workers' compensation laws are generally "__________" which means that workers injured on the job are entitled to recover for their injuries without proving fault.
no-fault
An employer's defense to liability for an employee's injury where the injury occurred on the job and was caused by the negligence of another employee is known as _____.
the fellow servant rule
Steve, an employee at Big Flop, Inc., has gotten notice that he will be receiving an anniversary bonus for passing the one-year mark at his job even though he is set to leave his employment in one month. This bonus is a(n) __________ interest, and it cannot be terminated after Steve leaves Big Flop, Inc.
vested
Becoming legally entitled to receive a benefit where the benefit cannot be forfeited if employment is terminated is known as _____.
vesting
Brett works at Geronimo Pizzazz as a pizza maker. During the week of the Super Bowl, Brett was told he must work 48 hours because the store will be busier than usual. As such, according to the law, Brett
will be paid overtime.
An employer will not be held responsible under the Occupational Safety and Health Act (OSHA) for which of the following?
workplace hazards or injuries where the harm is the result of reckless behavior by an employee
