Business law - chapter 18

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FICA contributions are covered under FLSA.

F

The Norris-LaGuardia Act is: a. also known as the Anti-Injunction Act. b. is the National Labor Relations Act. c. was declared unconstitutional. d. none of the above

a. also known as the Anti-Injunction Act.

Collective bargaining units are determined by employees.

F

Collective bargaining units generally consist of employees who do the same work.

F

Drug testing of employees is a violation of the FLSA.

F

Employee evaluation systems that rank employees in tiers for purposes of raises and termination violate the Fair Labor Standards Act.

F

FLSA no longer contains provisions on overtime pay.

F

Independent contractors are covered under workers' compensation.

F

Mining is the industry with the highest fatality rate.

F

Only employers are subject to the NLRA's good-faith bargaining requirement.

F

Plant closings are always unfair labor practices.

F

States do not limit the length of time a person can receive disability payments.

F

The 2010 act covering health care coverage for employees is the Patient Promotion and Affordable Compensation Act.

F

The Equal Pay Act is a comparable worth statute.

F

The I-9 is the green card.

F

The Labor Management Relations Act applies restrictions on management economic weapons.

F

The Pension Reform Act requires all employers to have pension plans for their employees.

F

The U.S. Department of Labor prohibits U.S. companies from using child labor in all countries.

F

The largest OSHA fine was $870 million given to BP for a Texas refinery's violations.

F

The use of company e-mail by union organizers remains an unresolved issue.

F

Unemployment benefits are administered by the federal government.

F

Unemployment benefits are paid regardless of whether the employee quit or was fired.

F

Unemployment benefits can be denied if a claimant refuses to take a job because of religious convictions.

F

Unscheduled injuries in workers' compensation systems are not covered by the systems.

F

Workers' compensation systems are administered by the federal government.

F

Workers' compensation systems cover independent contractors.

F

Workers' compensation systems cover only physical injuries not problems stemming from stress.

F

A certified union has the exclusive right to represent employees in contract negotiations.

T

An election for a union cannot be held more than once every 12 months.

T

At common law, organized labor movements were prosecuted as conspiracies.

T

Child labor protections are part of FLSA.

T

Corporate officers can be held liable for FLSA violations.

T

ERISA was passed to regulate employee pension and retirement plans.

T

Failure to bargain on a mandatory subject matter is an unfair labor practice.

T

Featherbedding is payment for work not actually performed and is an unfair labor practice.

T

In its initial decisions on federal employee welfare statutes, the U.S. Supreme Court found the statutes unconstitutional under the Commerce Clause.

T

In workers' compensation cases, fault is immaterial.

T

Keeping two sets of books on employee hours worked and payment made is sufficient to hold principals liable for an FLSA violation.

T

Picketing is a permissible economic weapon.

T

Promising promotions for not joining a union is an unfair labor practice.

T

Retaliatory conduct against an employee who files a complaint is prohibited under OSHA.

T

Right-to-work states outlaw closed shops.

T

The Department of Homeland Security has a cabinet-level head.

T

The Equal Pay Act is an amendment to FLSA.

T

The Fair Labor Standards Act is often called the minimum wage law.

T

The I-9 is the form employers must have for non-citizen employees.

T

The Landrum-Griffin Act contains a bill of rights for union members.

T

The Landrum-Griffin Act is the Labor-Management Reporting and Disclosure Act.

T

The NLRA established the NLRB as the enforcement agency for labor laws.

T

The Norris-LaGuardia Act was the first federal labor legislation with general application.

T

The Pension Reform Act changed both the funding and accounting requirements for employer-sponsored pension plans.

T

The Pension Reform Act was passed in response to company bankruptcies that discharged their pension plan obligations.

T

The Taft-Hartley Act includes the presidential power to invoke a "cooling-off period" in transportation strikes.

T

The Taft-Hartley Act is the Labor Management Relations Act.

T

The USA Patriot Act imposes stricter standards for employers and deportation.

T

The Wagner Act is the National Labor Relations Act.

T

The court packing plan was Roosevelt's threatened action because his labor statutes were being declared unconstitutional.

T

The legal trend in overtime pay requirements is to expand the number of employees covered.

T

The overtime pay provisions of the FLSA are now broader because of rule interpretations by the Department of Labor.

T

Threatening a job loss for joining a union is an unfair labor practice for employers.

T

Under workers' compensation systems, fault is immaterial.

T

Wages and hours are examples of mandatory subjects for good-faith bargaining.

T

Which federal law regulates minimum wage? a. FLSA b. OSHA c. ERISA d. none of the above

a. FLSA

Which statute contains the presidential power to invoke a cooling-off period? a. Labor Management Relations Act b. Landrum-Griffin Act c. National Labor Relations Act d. Wagner Act e. none of the above

a. Labor Management Relations Act

Ralph Quest is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet, takes medication, and the problem persists. His doctor has recommended that Quest find other employment because his job is causing his high blood pressure and continuing to work at the job will lead to a massive heart attack. Ralph has no training for any other job. Which of the following statements is true? a. Ralph has a job-related injury that will be covered under workers' compensation. b. Ralph has a medical problem that will not be covered. c. Ralph will need to have a heart attack before he qualifies as disabled. d. none of the above

a. Ralph has a job-related injury that will be covered under workers' compensation.

Unemployment benefits are not collectable when: a. an employee leaves a job voluntarily because of pregnancy. b. an individual is involuntarily terminated from his/her job. c. you are seeking employment. d. none of the above

a. an employee leaves a job voluntarily because of pregnancy.

Child labor protections: a. are part of FLSA. b. apply only to children under age 16. c. both a and b d. none of the above

a. are part of FLSA.

Overtime pay provisions: a. do not apply to executive and administrative personnel. b. do not apply if the minimum wage is paid. c. apply only to federal contractors. d. none of the above

a. do not apply to executive and administrative personnel.

The National Labor Relations Act: a. is also known as the Wagner Act. b. is also known as the Landrum-Griffin Act. c. gives management a bill of rights. d. none of the above

a. is also known as the Wagner Act.

OSHA: a. is the agency responsible for ensuring safety in the workplace. b. has no inspection authority. c. covers employers with three or more employees. d. none of the above

a. is the agency responsible for ensuring safety in the workplace.

Under workers' compensation: a. the employee loses the right to litigation against the employer for covered incidents. b. employee fault controls compensation. c. injuries by fellow employees are not covered. d. none of the above

a. the employee loses the right to litigation against the employer for covered incidents.

ERISA applies: a. to any medical, retirement, or income-deferral plan. b. to businesses with three or more employees. c. only to employees not seeking Social Security benefits. d. none of the above

a. to any medical, retirement, or income-deferral plan.

Which is the most recent statute to be enacted? a. FLSA b. ERISA c. OSHA d. workers' compensation statutes

b. ERISA

John Smith is injured at work when he and another employee hold forklift races during their lunch hour at the warehouse where they work. All workers had been repeatedly warned about using the forklifts for such activity. Which of the following statements is true? a. John's injuries will not be covered under workers' compensation because of his negligence. b. John's injuries will be covered under workers' compensation. c. John's injuries will not be covered because he violated company rules in doing the races. d. none of the above

b. John's injuries will be covered under workers' compensation.

Which statute was a response to the initial 1930s legislation of Congress? a. Wagner Act b. Landrum-Griffin Act c. National Labor Relations Act d. none of the above

b. Landrum-Griffin Act

Under OSHA, random inspections are permitted if: a. announced. b. a warrant is obtained. c. there has been a complaint. d. none of the above

b. a warrant is obtained.

Unemployment benefits: a. are paid regardless of the reason for termination of employment. b. are paid from FICA contributions. c. cannot be regulated by the state. d. none of the above

b. are paid from FICA contributions.

In order to hold a union election, a petition filed with the NLRB must be supported by: a. signatures of 50 percent of the employees. b. signed authorization cards of 30 percent of the employees. c. management certification. d. both b and c e. none of the above

b. signed authorization cards of 30 percent of the employees.

Which of the following is not true of the common law on labor organizations? a. They were treated as conspiracies. b. They were enjoined by court action. c. They were given protections. d. none of the above

c. They were given protections.

When is a warrant required for an OSHA search? a. only when a complaint has been filed b. only when a random inspection is being conducted c. both a and b d. none of the above

c. both a and b

An employee who is raped at the employer's plant site while on the job is: a. covered by workers' compensation. b. not covered by workers' compensation and could recover damages only from the perpetrator. c. not covered by workers' compensation and could recover damages from the employer. d. none of the above

c. not covered by workers' compensation and could recover damages from the employer.

ERISA: a. requires all employers to have a pension plan. b. dictates the types of investments employers can make with pension plan funds. c. regulates employer-sponsored pension funds. d. none of the above

c. regulates employer-sponsored pension funds.

Which protection is not part of FLSA? a. minimum wage b. maximum hours c. retirement benefits d. All of the above are protections.

c. retirement benefits

Overtime pay is computed on a: a. monthly basis. b. daily basis. c. weekly basis. d. none of the above

c. weekly basis.

Which firms are covered under FLSA? a. hotels b. retail businesses c. restaurants d. All of the above are covered.

d. All of the above are covered.

Which employees are exempt under FLSA? a. agricultural employees b. professions of law and medicine c. executives and administrators d. All of the above are exempt.

d. All of the above are exempt.

Which of the following is not a function of OSHA? a. promulgating safety standards for the workplace b. conducting random inspections of workplaces c. responding to employee complaints d. All of the above are functions of OSHA.

d. All of the above are functions of OSHA.

Which of the following kinds of worker must be paid the minimum wage rate? a. Cooks b. Housekeepers c. Full-time babysitters d. All of the these

d. All of the these

Which type of visa allows companies to make intracompany transfers of employees working in other countries and will be on temporary assignment? a. H-1 b. H-1B c. HIV-1 d. L-1

d. L-1

Workers' compensation programs are: a. applicable to injuries in the scope of employment. b. no-fault programs. c. supported by FICA. d. a and b only

d. a and b only

Independent contractors are: a. not covered under workers' compensation. b. defined under workers' compensation laws the same way as they are defined under agency law. c. not employees. d. all of the above

d. all of the above

Ralph Pew is the president of a small corporation, Yogurt for You, Inc. The company has two yogurt stores in malls in Mesa, Arizona. There were 22 employees in the stores in 1993. Pew, facing business startup costs, did not pay Yogurt for You's portion of the Social Security taxes (employees did have their shares withheld). Who is liable for the missing taxes? a. Yogurt for You b. Ralph Pew c. all officers of Yogurt for You d. all of the above

d. all of the above

A collective bargaining unit: a. must be exclusively within one business. b. must consist of workers who perform the same functions. c. is determined by the union. d. none of the above

d. none of the above

Emma Smith is currently unemployed. She was offered a position as a retail clerk but she would have to work on Saturdays - a day she considers to be the Sabbath as a member of the Seventh Day Adventist Church. After refusing the position, she is denied unemployment compensation. Which of the following statements is true? a. The denial was proper since refusal to accept employment is a basis for denying benefits. b. The denial was proper because her reason for refusing employment was arbitrary. c. The denial was proper because she has the opportunity to work. d. none of the above

d. none of the above

The Equal Pay Act: a. prohibits merit systems. b. prohibits seniority systems. c. is a comparable worth statute. d. none of the above

d. none of the above

The minimum wage under FLSA: a. applies to all employees. b. does not apply to employees between ages 16 and 18. c. has not increased since 1968. d. none of the above

d. none of the above

Which federal law provides for unemployment compensation? a. FLSA b. OSHA c. ERISA d. none of the above

d. none of the above

Which of the following violates the Equal Pay Act? a. a seniority system b. merit pay systems c. pay based on longevity of employment d. none of the above

d. none of the above

Which is not a mandatory subject matter for good-faith bargaining? a. seniority b. insurance c. pension plans d. strike vote e. All of the above are mandatory subject matters.

d. strike vote

Which is not a mandatory subject matter for good-faith bargaining? a. wages b. hours c. vacations d. merit pay e. All of the above are mandatory subject matters.

e. All of the above are mandatory subject matters.


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