BA 200: FINAL EXAM
148 Cards in this Set
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True
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In its initial decisions on federal employee welfare statutes, the US Supreme Court found the statues unconstitutional under the Commerce Clause.
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True
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The court packing plan was Roosevelt's threatened action because his labor statues were being declared unconstitutional.
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True
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The Fair Labor Standards Act is often called the minimum wage law.
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False
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Mining is the industry with the highest fatality rate.
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True
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Corporate officers can be held liable for FLSA violations.
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False
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FLSA no longer contains provisions on overtime pay.
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True
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Child labor protections are part of FLSA.
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True
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The Equal Pay Act is an amendment to FLSA.
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False
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The Equal Pay Act is a comparable worth statute.
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True
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Retaliatory conduct against an employee who files a complaint is prohibited under OSHA.
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False
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FICA contributions are covered under FLSA.
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True
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ERISA was passed to regulate employee pension and retirement plans.
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False
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Unemployment benefits are paid regardless of whether the employee quit or was fired.
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True
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In workers' compensation cases, fault is immaterial.
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False
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Independent contractors are covered under workers' compensation.
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False
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The 2010 act covering health care coverage for employees is the Patient Promotion and Affordable Compensation Act.
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False
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Unemployment benefits can be denied if a claimant refuses to take a job because of religious convictions.
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False
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Drug testing of employees is a violation of the FLSA.
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False
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Unemployment benefits are administered by the federal government.
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True
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At common law, organized labor movements were prosecuted as conspiracies.
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True
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The Norris-LaGuardia Act was the fist federal labor legislation with general application.
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True
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The Wagner Act is the National Labor Relations Act.
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True
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The NRLA established the NLRB as the enforcement agency for labor laws.
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True
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The Taft-Hartley Act is the Labor Management Relations Act.
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False
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The Labor Management Relations Act applies restrictions on management economic weapons.
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True
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The Landrum-Griffin Act is the Labor-Mangement Reporting and Disclosure Act.
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True
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The Landrum-Griffin Act contains a bill of rights for union members.
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False
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Collective bargaining units are determined by employees.
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False
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Collective bargaining units generally consist of employees who do the same work.
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True
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The legal trend in overtime pay requirements is to expands the number of employees covered.
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True
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A certified union has the exclusive right to represent employees in contract negotiations.
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True
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An election for a union cannot be held more than once every 12 months.
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False
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Only employees are subject to the NLRA's good-faith bargaining requirement.
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True
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Wages and hours are examples of mandatory subjects for good-faith bargaining.
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True
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Failure to bargain on a mandatory subject matter is an unfair labor practice.
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True
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Picketing is a permissible economic weapon.
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True
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Featherbedding is payment for work not actually performed and is an unfair labor practice.
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True
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Threatening a job loss for joining a union is an unfair labor practice for employers.
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True
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Promising promotions for not joining a union is an unfair labor practice.
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True
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Right-to-work states outlaw closed shops.
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False
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Plant closings are always unfair labor practices.
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False
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The largest OSHA fine was $870 million given to BP for a Texas refinery's violations.
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False
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Workers' compensation systems are administered by the federal government.
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True
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Under workers' compensation systems, fault is immaterial.
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False
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Workers' compensation systems cover only physical injuries not problems stemming from stress.
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False
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Workers' compensation systems cover independent contractors.
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False
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Unscheduled injuries in workers' compensation systems are not covered by the systems.
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False
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Employee evaluation systems that rank employees in tiers for purposes of raises and termination violate the Fair Labor Standards Act.
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False
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The use of company email by union organizers remains an unresolved issue.
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True
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The USA Patriot Act imposes stricter standards for employers and deportation.
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True
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The Department of Homeland Security has a cabinet-level head.
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True
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The I-9 is the form employers must have for non-citizen employees.
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False
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The I-9 is the green card.
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False
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The U.S. Department of Labor prohibits U.S. companies from using child labor in all countries.
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True
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The overtime pay provisions of the FLSA are now broader because of rule interpretations by the Department of Labor.
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False
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States do not limit the length of time a person can receive disability payments.
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True
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Keeping two sets of books on employee hours worked and payment made is sufficient to hold principles liable for an FLSA violation.
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False
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The Pension Reform Act requires all employers to have pension plans for their employees.
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True
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The Pensions Reform Act changed both the funding and accounting requirements for employer-sponsored pension plans.
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True
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The Pension Reform Act was passed in response to company bankruptcies that discharged their pension plan obligations.
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None of the above
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Which federal law provides for unemployment compensation? FLSA, OSHA, ERISA, none of the above.
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FLSA
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Which federal law regulated minimum wage?
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both a and b
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When is a warrant required for an OSHA search? only when a complaint has been filed, only when a random inspection is being conducted, both a and b, none of the above.
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All of the above are covered
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Which firms are covered under FLSA? Hotels, Retail Businesses, Restaurants, all of the above are covered.
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All of the above are exempt.
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Which employees are exempt under FLSA?
Agricultural Employees
Professions of law and medicine
Executives and Administrators
All of the above are exempt.
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Retirement Benefits
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Which protection is not part of FLSA?
Minimum wage
Maximum hours
Retirements benefits
All of the above are protections
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are part of the FLSA
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Child Labor Protections:
are part of FLSA
apply only to children under age 16
both a and b
none of the above
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None of the Above
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The Equal Pay Act:
Prohibits merit systems
Prohibits seniority systems
Is a comparable worth statute.
None of the above
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Is the agency responsible for ensuring safety in the workplace
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OSHA:
- The agency responsible for ensuring safety in the workplace
- Has no inspection authority
- Covers employers with three or more employees
- None of the above
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A warrant is obtained
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Under OSHA, random inspections are permitted if:
- Announced
- A warrant is obtained
- There has been a complaint.
- None of the above.
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To any medical, retirements, or income-deferral plan.
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ERISA applies:
- to any medical. retirement, or income-deferral plan.
- To businesses with three or more employees.
- Only to employees not seeking Social Security benefits.
- None of the above.
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Are paid from FICA contributions
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Unemployment Benefits:
- Are paid regardless of the reason for termination of employment.
- Are paid from FICA contributions
- Cannot be regulated by the state.
- None of the above
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a and b only
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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
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the employee loses the right to litigation against the employer for covered incidents
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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
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all of the above
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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
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regulates employer-sponsored pension funds.
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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
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do not apply to executive and administrative personnel.
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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
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John's injuries will be covered under workers' compensation.
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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 …
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None of the above
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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 …
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Ralph has a job-related injury that will be covered under workers' compensation.
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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 conti…
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L-1
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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
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ERISHA
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Which is the most recent statute to be enacted?
a. FLSA
b. ERISA
c. OSHA
d. workers' compensation statutes
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Weekly basis.
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Overtime pay is computed on a:
a. monthly basis.
b. daily basis.
c. weekly basis.
d. none of the above
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None of the above
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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
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none of the above
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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
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All of the above
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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 (employ…
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All of the above are functions of OSHA.
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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.
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an employee leaves a job voluntarily because of pregnancy.
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Unemployment benefits are not collectible 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
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Not covered by workers' compensation and could recover damages from the employer.
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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 employ…
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All of the these
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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
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They were given protections.
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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
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Also known as the Anti-Injunction Act.
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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
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Is also known as the Wagner Act.
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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
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Landrum-Griffin Act
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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
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Labor Management Relations Act
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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
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None of the above
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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
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Signed authorization cards of 30 percent of the employees.
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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
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All of the above are mandatory subject matters.
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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.
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Strike Vote
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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.
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The payment of work not actually performed.
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Feathering bedding is:
a. the payment for work not actually performed.
b. not an unfair labor practice.
c. permitted in the construction industry.
d. none of the above
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Scaffolding Issues
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Which of the following is the top OSHA violation type from the 2008 OSHA inspections?
a. Machine guards
b. Scaffolding issues
c. Fall protection
d. Electrical systems
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Outlaw closed shops.
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Right-to-work statutes:
a. are prohibited by federal law.
b. outlaw closed shops.
c. existed prior to federal laws on unionization but not today.
d. none of the above
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Exist at the state, local, and federal levels.
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Plant closing laws:
a. have been outlawed by Congress.
b. have been adopted at the local and state levels but not at the federal level.
c. exist at the state, local, and federal levels.
d. none of the above
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one year from January 3, 1999
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Radio Electronics' plant in Mississippi held a union election on January 3, 1999, and the United Electronics Workers was certified as the collective bargaining agent for the plant. Many of the workers (42 percent) are dissatisfied with the result and feel that if they stage a better campa…
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Stopping distribution of union flyers off company property during nonworking hours
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45. Which of the following is an unfair labor practice?
a. stopping distribution of union flyers off company property during nonworking hours
b. work slowdown
c. strike
d. All of the above are unfair labor practices.
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None of the above
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U.S. companies that operate plants in other countries:
a. are required to comply with OSHA standards outside the United States if they are incorporated in the United States.
b. are subject to the Fair Labor Standards Act if they have 15 or more employees in the United States.
c. must a…
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Twelve Months
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If a union is certified by workers in a plant, what is the least amount of time before another union election can be held?
a. the next day because the right to organize is ongoing
b. in six months
c. five years
d. twelve months
e. none of the above
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Taft-Hartley
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On which federal statute do states base their right-to-work laws?
a. Taft-Hartley
b. Fair Labor Standards Act
c. ERISA
d. OSHA
e. none of the above
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ERISHA
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Enron employees had much of their retirement plan invested in Enron stock. One of the company's former employees has said, "There was something wrong with the way this whole thing was handled. There must be some federal law that gives us protection." Which federal statute covers such reti…
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Jake can file suit and recover form the forklift manufacturer, but he will first have to reimburse his employer for any workers' compensation benefits.
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Jake Barnett was injured at work one day when the forklift he was operating malfunctioned. The forklift was new, having just been purchased by Jake's employer one month prior to his accident. Jake wants to recover for his medical bills, lost wages and pain and suffering.
a. Jake can file…
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Increased the number of crimes that constituted grounds for deportation.
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The Illegal Immigration Reform and Immigrant Responsibility Act of 1996:
a. increased the number of crimes that constituted grounds for deportation.
b. was declared unconstitutional.
c. increased the defenses to deportation.
d. none of the above
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All of the above
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52. The U.S. Department of Homeland Security:
a. includes INS.
b. includes customs.
c. was created by the USA Patriot Act.
d. all of the above
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Increased the number of highly skilled workers allowed to enter the U.S.
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The American Competitive and Workforce Investment Act of 1998:
a. limited the number of skilled workers allowed to enter the U.S.
b. increased the number of highly skilled workers allowed to enter the U.S.
c. prohibited the movement of U.S. factories overseas.
d. none of the above
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Created a cabinet level position for immigration enforcement issues.
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The USA Patriot Act:
a. created a cabinet level position for immigration enforcement issues.
b. has been declared unconstitutional.
c. requires warnings to workers before factories can be closed.
d. none of the above
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All of the above
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For international labor practices, the U.S. Department of Labor recommends:
a. a code of conduct.
b. monitoring of subcontractors.
c. more uniform standards across countries.
d. all of the above
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Prohibits U.S. employers from terminating U.S. workers after hiring immigrants as employers.
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The American Competiveness in the 21st Century Act:
a. prohibits U.S. employers from terminating U.S. workers after hiring immigrants as employers.
b. prohibits U.S. employers from hiring immigrants as employers.
c. allows U.S. employers to terminate U.S. employees and hire immigrant e…
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is now responsible for immigration issues.
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The Department of Homeland Security:
a. has been disbanded.
b. is now responsible for immigration issues.
c. is not a cabinet level department.
d. none of the above
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both b and c
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ICE is:
a. disbanded under changes to immigration law.
b. the agency responsible for immigration and customs enforcement.
c. is part of the Department of Homeland Security.
d. both b and c
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of all employees who do not have proof of U.S. Citizenship
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A form I-9 is required:
a. of all employees who do not have proof of U.S. Citizenship.
b. of all employees.
c. of all employees who have an accent.
d. none of the above
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True
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The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII.
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False
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Labor Union are exempt from Title VII.
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False
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All employers are covered under Title VII.
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True
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State agencies are covered under Title VII.
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True
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Federal agencies are exempt from Title VII.
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False
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The Ricci case held that the fear of litigation alone can justify an employer's reliance on race to discriminate against other qualified employees.
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False
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Only the hiring process is covered under Title VII.
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False
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Disparate treatment requires proof that there was a discriminatory reason for the employment decision.
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False
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Seniority and merit systems are not subject to Title VII prohibitions.
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False
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Under Title VII, employers cannot use aptitude tests.
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True
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A right-to-sue letter is given after administrative remedies are exhausted.
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True
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The Age Discrimination Act protects those who are 40 to 75 years old.
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False
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Quota programs are permissible under affirmative action.
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False
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Title VII provisions do not apply to decisions on admitting employees as partners.
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True
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Seniority systems can still be used under Title VII.
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True
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Quid Pro Quo is form of sexual harassment.
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False
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There is no right to a jury trial in age discrimination cases.
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False
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The only employers required to have affirmative action plans are government agencies.
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False
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An affirmative action plan is invalid unless approved by a federal district court.
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False
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After race and sex discrimination complaints, the largest number of complaints filed with the EEOC are for religious discrimination.
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False
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Seniority and merit system are void under Title VII.
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False
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The statue of limitations for EEOA violations does not begin to run until the employee ends his or her employment.
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Equal Pay Act
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Which statute is not an amendment to Title VII?
a. Equal Pay Act
b. Equal Employment Opportunity Act
c. Pregnancy Discrimination Act
d. All of the above are amendments to Title VII.
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All of the above are subject to Title VII.
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Which are not subject to Title VII?
a. employers with at least 15 year-round workers
b. labor unions with a hiring hall
c. labor unions with 15 or more members
d. employment agencies
e. All of the above are subject to Title VII.
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a and b only
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What is required to establish a prima facie case for disparate treatment?
a. plaintiff must belong to a minority group
b. plaintiff must have been qualified for the job
c. a minority was not hired
d. a and b only
e. a, b, and c
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None of the Above
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A disparate impact case:
a. requires the same proof as a disparate treatment case.
b. does not apply to promotions.
c. requires proof of intent to discriminate.
d. does not apply if a reasonable rule produces the disparate impact.
e. none of the above
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often involves statistical comparisons of the general populations and the employer's work force.
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The pattern or practice of discrimination cases:
a. requires proof of intent to discriminate.
b. places the burden of proof on the employer.
c. often involves statistical comparisons of the general population and the employer's work force.
d. none of the above
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None of the above
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A bona fide occupational qualification is a defense to discrimination charges if:
a. it can be established that customer preference is the basis for discrimination.
b. the job can be established as too strenuous for women.
c. it is customary for a woman to hold the job.
d. none of the…
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Either verbal or physical suggestions.
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Under Title VII, sexual harassment complaints require proof of:
a. actual physical contact.
b. involuntary sexual acts.
c. either verbal or physical suggestions.
d. none of the above
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BA 200: EXAM 1