Ch. 10 EL
Certain employees can be exempt from FLSA standards. What is the most common description of exempt employees? A white-collar professional with low responsibilities, few working hours, and median pay A blue-collar worker with minimum skill and a lower-paying position 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 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? Relay information that is privately held The act of blackmail Act in an arbitrary and capricious manner Withhold someone's rights for financial gain
Act in an arbitrary and capricious manner
The Uniformed Services Employment and Re-Employment Rights Act (USERRA) applies to employers with how many employees? All employers regardless of size 20 10 50
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? An employer must create an environment for disabled veterans to easily access. If too many veterans come from one business, the rules do not apply to all involved. 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.
Which of the following situations would not be covered by worker's compensation? Commuting in a work vehicle Injuries that occur while entering or leaving work property Horseplay at work Performing work tasks while on the way to work
Commuting in a work vehicle
What are the two basic requirements that OSHA places upon employers? Health plan requirements : natural disaster certification Compliance requirement : General duty clause General safety planning : safety complaint system of evaluation General duty clause : safety first training
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: Safety complaint system Workplace violence training Continual training Natural disaster planning
Continual training
Individuals who willfully disclose private health information may face: Criminal sanctions IRS audits National boycotting Public rebuke
Criminal sanctions
Which of the following is not a criterion needed to receive twelve weeks of FMLA leave? Experienced a qualifying event Provided timely notice to the employer Worked for the firm for 1,250 hours in the twelve months prior to taking leave 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: OSHA FMLA FLSA ERISA
ERISA
The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act? ERISA FLMA FLSA OSHA
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: Employers and employees Employers Employees 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: Continual training The compliance requirement General duty clause The reasonable person rule
General duty clause
ERISA, unlike other federal laws,: Allows for states to craft stricter versions Has an expansive preemption of any state law Allows states to ignore it completely 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: Information on whether he/she will continue to work after his/her leave Health care provider certification of a serious health condition A plan of action for return Information on whether the leave will be continuous or intermittent
Health care provider certification of a serious health condition
U.S. military defense personnel policy over the last fifty years has seen a shift in emphasis away from a _____________ and towards a ____________. Large standing army : reservist force Drafted army : volunteer Career army : reservist force Reservist force : large standing army
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. Opportunity wage Incremental growth wage Underage wage Development wage
Opportunity wage
The FMLA governs leave for employees due to ____________ and ____________ necessity. Fiscal : parental Parental : medical Logical : economic Medical : situational
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. Race or national origin Affinity orientation Age Pre-existing medical condition
Pre-existing medical condition
Which of the following is not an approved internal purpose to use personal health care information of employees? Research into internal systems and processes in the delivery of services Predicting employment replacement needs Obtaining payment for services Treating a patient
Predicting employment replacement needs
A 2008 amendment to the FMLA allowed for a twenty-six week period of leave for: Qualifying family members of veterans seriously injured in the line of duty Individuals battling cancer or assisting family members in overcoming cancer Individuals involved in a paralyzing accident Individuals attempting to adopt a child from a foreign country
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? Spot workplace inspections Ensuring that continual training is taking place Imposing fines for rule violations Secret investigations without the employer's knowledge
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: FMLA time off Demand future raises Inform the general public about the incident Sue the employer
Sue the employer
An employer provides all the employee's benefit information to the employee in a document called the: Summary of company benefits Employee benefits schedule Summary plan document 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 Consolidated Omnibus Budget Reconciliation Act The Fair Labor Standards Act
The Consolidated Omnibus Budget Reconciliation Act
What government agency administers HIPAA? Department of Workforce services Department of Labor Internal Revenue Service The Office for Civil Rights in the Health and Human Services Agency
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 The reasonable person rule The fellow servant rule Assumption of the risk
The reasonable person rule
One of the main features of HIPAA is its prohibition against: Workplace violence The punishment of employees expressing themselves through social media 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? The prior employment was brief and carried no expectation of reemployment The veteran fails to return to work within a specified time following military service Subsequent circumstances have made it "impossible or unreasonable" The veteran has sustained a physical disability during his/her tour of duty
The veteran has sustained a physical disability during his/her tour of duty
What is contributory negligence in the context of a workplace injury? Another employee, not the employer causes the injury The worker's errant conduct contributed to the injury A customer or client's negligence caused the injury The injury was caused by a natural disaster
The worker's errant conduct contributed to the injury
What is the purpose of the False Claims Act? To protect the private sector against fake whistleblowing 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 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? Four weeks As many weeks as are needed Ten weeks Twelve weeks
Twelve weeks
COBRA applies to firms with ___________ or more employees. One hundred Thirty Twenty Fifty
Twenty
Which Act prevents an employer from discriminating against a person who is, or has been, in military service? COBRA HIPAA FCA USERRA
USERRA
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 privately-traded company internal government agency
publicly-traded company
What is the youngest permitted working age? 12 16 14 18
14
An FCA provision allows whistleblowers to receive around ______% of any recovered damages. 40-50 5-10 15-25 25-40
15-25
Worker's compensation benefits are fixed by law and typically include replacement income of how much? 5/8 normal pay 1/2 normal pay 3/4 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. 21 15 26 23
26
The FLSA requires that an employer pay "time and a half" wages for hours worked beyond __________ in the relevant workweek. 20 10 40 30
40
The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees? 50+ 5+ 25+ 75+
50+
An exiting employee must exercise his/her COBRA rights within how many days? 30 90 60 50
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? 90 30 120 60
90
What is the fellow servant rule? Another employee, not the employer, caused the injury A customer or client injures the employee 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
For workers, worker's compensation provides the exclusive remedy for illnesses and injuries which: Arise out of and in the course of employment Arise as an effect of getting older Arise in the course of everyday life Arise from personal negligence during work
Arise out of and in the course of employment
Who does the Federal Whistleblower Statute protect? Private contractor employees from retaliation when reporting violations among other private contractors The federal government from fake whistleblowers Private employers from fake whistleblowers Defense contractor employees from retaliation when reporting violations
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? Undefined benefit and defined contribution Defined benefit and defined contribution Defined benefit and actual contribution Defined benefit and contribution
Defined benefit and defined contribution
Which department administers FLSA rules? Department of Labor Department of Standardized Labor Requirements The Department of Workforce Services OSHA
Department of Labor
The Department of Labor and the _______________ jointly supervise COBRA compliance. Human services agency Internal Revenue Service Department of Workforce Services OSHA
Internal Revenue Service
After a specified period of time, an employee's interests in a pension plan may not be forfeited. What is this known as? Investing Divesting Allotment Vesting
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: Unemployment Remedial welfare Worker's compensation OSHA
Worker's compensation