Business Law II CH 31
Assume Ruth is not a managerial, administrative, or professional employee; therefore, she is entitled to overtime pay, what should the hourly rate of her overtime pay be if her base rate is $10/hour?
$15/hour
How many employees would Happys need to have in order for the FMLA to apply?
50 or more because The FMLA applies to companies with 50 or more workers as well as federal, state, and local governments, covers about half of the nation's workforce.
Suppose that Kayla, a nonexempt employee, works for a minimum wage of $8 per hour at a local Target or Walmart. Last week, Kayla worked 46 hours. Her pay will be 40 hours at $8 per hour, plus ________.
6 hours at $12 per hour
Which of the following is a form that employers must obtain from every prospective employee, regardless of citizenship or national origin, with supporting documents, that demonstrate whether the prospective employee is either a U.S. citizen or otherwise authorized to work in the country?
A Form I-9 Employment Eligibility Verification
In 2012, Mark Zuckerberg made $503,205 as his annual salary. Mark performs office work, engages in management, and has the authority to hire employees. Mark has which of the following exemptions from minimum wage and overtime pay requirements?
A highly compensated employee exemption
Pam Holden is the receptionist at Grade A Paper Company. Pam works on a salary or fee basis, and her primary duty is to perform office work. Her work also includes the exercise of discretion and independent judgment with respect to matters of significance. Pam has which of the following exemptions from minimum wage and overtime pay requirements?
An administrative employee exemption
On Wednesday Charlie, one of Ruth's friends, was fired from Happys for taking time off to deal with a problem related to his Type I diabetes. Happys immediately replaced Charlie with Tom a 12-year-old who was the neighbor of Happys owner. Has Happys violated any laws?
Both the Fair Labor Standards Act and the Family Medical Leave Act
The _________ provides that an employee of a private employer or the employee's beneficiaries must be offered the opportunity to continue group health insurance. Government employees are subject to parallel provisions found in the _________.
Consolidated Omnibus Budget Reconciliation Act; Public Health Service Act
Which of the following is NOT true about vesting under ERISA?
ERISA permits employer's contributions to be gradually vested over a 10-year period and completely vested after that time.
This video discusses the effects of raising the minimum wage. All of the following statements are true about the minimum wage EXCEPT which one?
Employers may pay less than the minimum wage to part-time workers.
The _____ guarantees workers up to 12 weeks of unpaid leave in a 12-month period to attend to family and medical emergencies and other specified situations.
FMLA
Under the __________, employees must make contributions (i.e., pay taxes) into the Social Security fund. Under the ___________, self-employed individuals must pay Social Security contributions, too.
Federal Insurance Contributions Act; Self-Employment Contributions Act
Currently, the immigration laws of the United States are administered by the U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of _____.
Homeland Security
Friday is pay day. Ruth opens her paycheck and becomes very upset. She worked 50 hours last week and expected to get a bit of a bonus for her overtime. She did not. She was paid her usual $10/hour. Do you think Happys violated any federal laws?
I'm not sure because There are other questions we need to ask before we can be certain that Ruth is entitled to overtime pay (one-and-a-half times their regular pay for each hour worked in excess of 40 hours).
Since Charlie was fired, he has become very depressed and refuses to leave the house. Do you think he'd be eligible for unemployment compensation?
No
If Ruth received workers compensation, do you think she could also sue Happys for additional damages (money) for violations of OSHA?
No, if she receives workers compensation that is her sole remedy
On Monday, Ruth was making burgers at the fryer and burned herself. It turns out the fryer did not have a protective cover on it. Which law do you think Ruth's employer has likely violated?
Occupational Safety and Health Act.
________ benefits include (1) retirement benefits, (2) survivors' benefits to family members of deceased workers, (3) disability benefits, and (4) medical and hospitalization benefits (Medicare).
Social Security
A federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended is which of the following?
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
Ian's daughter Aria was born 6 weeks premature. Ian is able to take four weeks of paid leave from his job to help care for his wife and newborn daughter. Ian's leave is covered by which of the following?
The Family and Medical Leave Act
Roger works in an automobile factory in Detroit. One day, he injures his back lifting heavy parts on the job, and the doctors tell him he needs to be off work and rest for six months. In order to receive payment while he's off work, Roger must file a claim with which of the following?
The workers' compensation board
An H-1B visa allows ________.
U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations
An EB-1 visa allows ________.
U.S. employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment
What other question would you want to ask to determine whether or not Ruth is entitled to overtime?
Whether or not she is considered a professional employee.
Which of the following is NOT true about the Federal Unemployment Tax Act (FUTA)?
Workers who have been let go for cause, such as for illegal activity or drug use on the job, or who voluntarily quit work without just cause are eligible to receive unemployment benefits.
Would Ruth be entitled to any compensation for her injury?
Yes, if she was acting within the scope of her employment
The Employee Retirement Income Security Act (ERISA) is ________.
a federal act designed to prevent fraud and other abuses associated with private pension funds
Which of the following situations would NOT entitle an employee to workers' compensation?
an employee injured while driving home from work
Lindsey works for a textbook publishing company. On her way to a business lunch for her employer, Lindsey is injured in an automobile accident. Lindsey's injury is covered by workers' compensation because her injury is ________.
an employment-related injury
A professor is covered by her university's workers' compensation insurance. While teaching her class, the professor is injured when the projector screen in her classroom breaks and falls on her head. In this case, the professor's sole remedy is to recover workers' compensation. The professor cannot sue the university to recover damages because workers' compensation is considered ________.
an exclusive remedy
Michelle Bott is Regional Manager for the Philadelphia branch of the Grade A Paper Company. Michelle is compensated on a salary basis, engages in management, has authority to hire employees, and regularly directs two or more employees. Michelle has which of the following exemptions from minimum wage and overtime pay requirements?
an executive exemption
In this video, the interviewee notes that two states, California and New Jersey, are experiencing record low unemployment. By default, in both of these states, employees can be terminated without cause at any time by their employer. We can therefore generally classify California and New Jersey workers as ________ employees.
at-will
Which of the following is NOT an exception to at-will employment?
being an employee in an office that is being downsize
Workers' compensation is ________.
compensation paid to workers and their families when workers are injured in connection with their jobs
The Federal Insurance Contributions Act (FICA) requires ________.
employees and employers to make contributions into the Social Security fund
A computer employee exemption from minimum wage and overtime pay requirements applies to ________.
employees compensated either on a salary or fee basis or are paid more than $27.63 per hour; are employed as computer systems analysts, computer programmers, software engineers or other similarly skilled workers in the computer field; and are engaged in the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs
A highly compensated employee exemption from minimum wage and overtime pay requirements applies to ________.
employees who are paid total annual compensation of $134,004 or more, perform office or nonmanual work, and regularly perform at least one of the duties of an exempt executive, administrative, or professional employee
An outside sales representative exemption from minimum wage and overtime pay requirements applies to ________.
employees who will be paid by the client or customer, whose primary duty is making sales or obtaining orders or contracts for services, and who are customarily and regularly engaged away from the employer's place of business
Workers' compensation is a(n) _____ remedy.
exclusive
The executive exemption from minimum wage and overtime pay applies to ________.
executives who are compensated on a salary basis, who engage in management, have authority to hire employees, and regularly direct two or more employees
A state's workers' compensation board decides cases arising from ________.
individual employees' work-related illnesses and injuries
The interviewee in this video, Matthew Winkler, indicates that the city of San Francisco requires employers to pay a minimum wage that is much higher than the federal minimum wage: $15 per hour versus $7.25 per hour. The $15 rate is considered a(n) ________ wage.
living
You just got hired at a new radiology lab. Around the new building, you notice postings about OSHA standards. The OSHA specific duty standards which are posted address subjects such as ________.
maximum exposure levels for hazardous chemicals and the location of machinery in the lab
To collect benefits under the Federal Unemployment Tax Act (FUTA), unemployed applicants ________.
must be able to work and available for work and seeking employment
Consolidated Omnibus Budget Reconciliation Act (COBRA) ________.
permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended
U.S. Citizenship and Immigration Services (USCIS) ________.
processes immigrant visa and naturalization petitions
A general duty standard is an OSHA standard that ________.
requires an employer to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees
OSHA standards establish safety requirements for safety guards on saws, set maximum exposure levels for hazardous chemicals, and regulate the location of machinery in the workplace. These are examples of _____ duty standards.
specific
You just got hired at a new radiology lab. Around the new building, you notice postings about OSHA standards. They appear to set maximum exposure levels for hazardous chemicals and regulate the location of machinery in the lab. These standards are called ________.
specific duty standards
According to the interviewee in this video, it is accurate to say that ________.
states that have raised the minimum wage are performing well economically
A federal act enacted in 1938 to protect workers that prohibits child labor and spells out minimum wage and overtime pay requirements is called ________.
the Fair Labor Standards Act
Because it's the holiday season, you are required to pick up a few extra shifts at your retail job. You end up working 50 hours this week. Under ________, your employer now legally owes you overtime pay.
the Fair Labor Standards Act (FLSA)
To collect benefits under ________, unemployed applicants must be able to work and be available for work and seeking employment.
the Federal Unemployment Tax Act
A federal act enacted in 1970 that promotes safety in the workplace is called ________.
the Occupational Safety and Health Act
Which of the following is NOT a category of employees exempted by the FLSA from federal minimum wage and overtime pay requirements?
tipped employees
An at-will employee can be terminated by the employer ________.
with or without cause
A professor is covered by her university's workers' compensation insurance. While teaching her class, the professor is injured when the projector screen in her classroom breaks and falls on her head. The exclusive remedy available to the professor is to seek compensation under ________.
workers' compensation
Olivia is a firefighter employed by the City of Pullman at an hourly wage of $30, which is $1,200 per week at her regular pay. At this wage, for every hour Olivia works, her employer owes her _____. If one week she works 40 hours, the employer owes her wages of _____.
$30 ($30+$0 overtime pay); $1,200 (40 hours×$30)
A(n) _____ visa allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations.
H1-B
Which of the following is an INCORRECT statement regarding workers' compensation?
Today, most workers' compensation disputes are tried before a jury.