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73. 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
74. 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
75. 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
76. 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
77. 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
78. 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
79. Which is the most recent statute to be enacted?
a. FLSA
b. ERISA
c. OSHA
d. workers' compensation statutes
80. Overtime pay is computed on a:
a. monthly basis.
b. daily basis.
c. weekly basis.
d. none of the above
81. 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
82. 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
83. 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
84. 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.
85. 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
86. 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
87. 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
88. 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
89. 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
90. 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
91. 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
92. 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.
93. 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.
94. 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
95. 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
96. 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
97. 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 campaign, the election results will be different. How quickly can these
workers demand an election?
a. January 4, 1999
b. 30 days from January 3, 1999
c. one year from January 3, 1999
d. none of the above
98. 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.
99. 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 apply for exemptions from the National Labor Relations Act prior to opening factories in other
countries.
d. are exempt from U.S. labor laws there if they close plant operations in the United States.
e. none of the above
100. 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
101. 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
102. 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 retirement plans?
a. Social Security Act
b. ERISA
c. OSHA
d. Taft-Hartley
e. none of the above
103. 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 suit and recover from his employer.
b. Jake can file suit and recover from the forklift manufacturer.
c. Jake can file suit and recover from the forklift manufacturer, but he will first have to reimburse his employer
for any workers' compensation benefits.
d. Jake has no right of suit against either his employer or the forklift manufacturer.
e. none of the above
104. 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
105. 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
106. 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
107. 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
108. 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
109. 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 employees if necessary to remain
competitive.
d. none of the above
110. 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
111. 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
112. 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
113. Arleen Ray is starting a new business. She will operate a children's clothing store and will need to cover the store
with sales help from 10:00 AM to 9:00 PM Monday through Friday and from 1:00 PM to 6:00 PM on Saturdays and
Sundays. She has several questions about her yet-to-be work force.
(a) What is the maximum number of hours each employee can work?
(b) When will she be required to pay overtime?
(c) What is the minimum wage requirement?
(d) Will the employees be covered under state workers' compensation laws?
(e) Will Arleen be required to handle withholding for the employees?
114. Susan McIntyre is employed by the Huff Corporation as a crane operator. During the course of operating the
crane, Susan was injured when the cable swung back and shattered the glass in the operating booth. The
investigation revealed that Susan was operating the crane improperly. Can Susan still recover for her injuries?
How?
115. List and describe all of the basic statutory protections for workers.
116. Describe the characteristics of a workers' compensation system.
117. Discuss the leading causes of occupational injuries.
118. Describe the employer requirements under ERISA.
119. What protections does the Equal Pay Act provide?
120. A word processor at a large defense contractor's plant is injured when she slips and falls in one of the corridors of
the plant. After the accident, it was discovered that the floor had recently been mopped, but no sign had been
placed to warn employees of the wet floor. The word processor wants to sue her employer for its negligence. Can
she do so?
121. Maine Central Railroad had a labor dispute with its employees and their Brotherhood of Maintenance of Way
Employees (BMWE). Roughly 300 of its 400 employees belonged to BMWE. The strike of BMWE slowed traffic
on Maine Central's lines. However, the traffic was transferred to Guilford Transportation Industries Lines. Guilford
is the parent company of Maine Central. BMWE workers then refused to put rerouted traffic on Guilford lines.
Guilford claims this is an unfair labor practice. Discuss.
122. For over 30 years, Sterlingware operated a textile dyeing and finishing plant in Fall River, Massachusetts. During
those 30 years, Sterlingware's employees had been represented by United Textile Workers of America. In 1982,
Sterlingware sold out to one of its customers, Marcamy Sales. The employees claim Marcamy must continue to
honor their collective bargaining agreement. Are they correct?
123. Charles Goodman has filed a suit against his employer for violation of Title VII but has also joined the union in the
suit because the union agreement resulted in the discrimination. Is the issue a subject matter for collective
bargaining? Can the union be held liable?
124. Discuss the propriety of each of the following actions by management:
a. offering employees a bonus of one week's vacation just prior to an election
b. threatening bankruptcy if a union is approved
c. sending a management person to a labor meeting
125. Al Hunt was an engineer with the State Department of Transportation. While surveying a segment of highway, Mr.
Hunt was injured when a motorist did not honor the "Slow" and "Caution" signs posted for 1/2 mile before the survey
location. Mr. Hunt's leg is permanently damaged and he has missed 3 months of work in recovery and therapy. Can
Hunt recover from the State Department of Transportation? What are his rights against the motorist?
126. Discuss when OSHA will find willful violations.
127. Describe the types and sliding scales of penalties under OSHA.
128. Liz Bonham has a pension plan through her employer. Give a list of her rights and her employer’s obligations under
the plan.
129. Stephen H. Grabowski sustained injuries when his fellow employees, William Mangler, David Smith, and Joseph
Ziemba, detained Grabowski in a bathroom, brought him to the ground, and wrapped him, from ankles to shoulders,
in duct tape. Grabowski suffered both physical injuries, which required surgery on his lower back and right knee,
and post-traumatic stress, which required counseling. Grabowski has since received over $300,000 in workers'
compensation for his injuries. He has brought suit against the three men to recover for the damages he has
experienced beyond what worker’s compensation covered. Which of the following is correct?
a. There can be no recovery from third parties when there is a worker’s compensation claim.
b. There can be no recovery for horseplay in the workplace, even under worker’s compensation.
c. If there is recovery, Grabowski must first reimburse the worker’s compensation fund for payments received
to date.
d. There is no third-party liability in workplace injuries, regardless of how they occurred.
130. Inspectors from OSHA arrived at the Upper Big Branch mine for a surprise inspection. Which of the following is
correct?
a. The managers at the mine can demand that OSHA obtain a warrant.
b. The managers can give voluntary consent for their inspection.
c. The managers can accompany the inspectors during their inspection.
d. All of the above are correct.
131. Erica has worked the following hours at her job as a waiter at a local restaurant:
Week One - 28 hours
Week Two - 47 hours
Week Three - 40 Hours
Week Four - 39 hours
Which of the following statements is correct?
a. Erica is owed 7 hours of overtime pay.
b. Erica is owed no money for overtime pay because her average hours per week are below 40.
c. Wait staff are not entitled to overtime compensation because of their tips.
d. Erica is owed compensation for the failure of her employer to give her the agreed-for 40 hours per week.
132. Which of the following would be entitled to unemployment compensation?
a. Jan, who quit her job to attend school full time.
b. Elise, who quit her job because her employer reduced her hours to 29 per week.
c. Alfred, who quit to care for his newborn son.
d. Jack, who was fired for being tardy for work too often.
