Selected Employment Benefits And Protections

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The Regulation of the Employment Relationship
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Title Vii of the Civil Rights Act of 1964
Legal Construction of the Employment Environment
Affirmative Action
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Harassment
Sexual Orientation and Gender Identity Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
The Employees Right to Privacy and Management of Personal Information
Labor Law
Selected Employment Benefits and Protections

All Questions

Question 1

Free

True/False

The Equal Pay Act set standards for the minimum age for workers and the minimum wages they can make.

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True

False

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Question 2

Free

True/False

In the event of a state child labor law being stricter than the federal law,the federal law supersedes the state law.

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True

False

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Question 3

Free

True/False

City News does not violate the child labor laws if it employs Anthony,a 15-year-old student,as a part-time newspaper delivery boy.

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True

False

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Question 4

Free

True/False

Workers' compensation laws are generally no-fault,which means that workers injured on the job are entitled to recover from their injuries without having to prove who is at fault.

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True

False

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Question 5

Free

True/False

Employers are required to report workplace injuries due to assaults by family members or ex-spouses as a part of their recordkeeping requirements under the Occupational Safety and Health Act.

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True

False

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Question 6

Multiple Choice

Which of the following statements is true of internships?

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Internships should be of a fixed duration, established prior to their outset.

Internships in the "for-profit" private sector cannot be viewed as employment as the internship experience is for the benefit of the intern and not the employer.

Interns receiving the same level of supervision as an employer's regular workforce should be viewed as receiving training.

Interns are legally entitled to a job at the conclusion of their internship.

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Question 7

Multiple Choice

Shawn,an environmental enthusiast,volunteers to work as an intern at Green Soul International,a non-profit organization dedicated to environmental protection.Green Soul hires Shawn without any pay.Which of the following is most likely to be true in this case?

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Green Soul violated the Fair Labor Standards Act because it is legally required to pay all hired employees.

Green Soul did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.

Green Soul may not be required to pay Shawn any overtime compensation, but it is required to pay him a minimum wage for his services.

Green Soul is required to guarantee Shawn a job at the conclusion of his internship if he is not being paid during the internship period.

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Question 8

Multiple Choice

Rennie is a recent law graduate employed as an associate attorney at RN Associates,a law firm with close to 200 employees.Rennie is paid $98,000 per year.Like most associates,she regularly works 60 or more hours a week.She thinks she should be provided overtime compensation for all of the extra hours of work she puts in per week.Which of the following is most likely to be true in this case?

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Rennie will be eligible for overtime compensation under the Fair Labor Standards Act regulations because she makes less than $100,000.

Rennie will not be eligible for overtime pay because as a professional, she is exempt from the overtime provisions of the Fair Labor Standards Act.

Rennie will be eligible for overtime pay under the Fair Labor Standards Act because any firm with more than 150 employees is required to pay all of its employees for overtime.

Rennie will not be eligible for overtime pay if it can be shown that she pays less than $25,000 toward income tax.

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Question 9

Multiple Choice

Jillian,who works as a taxicab driver for All Time Cabs,is paid on an hourly basis.She makes less than $20,000 a year and regularly works 10 to 15 hours overtime per week.However,she is not paid for overtime.Which of the following is most likely to be true in this case?

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Jillian is entitled to overtime pay under the Fair Labor Standards Act of 1938 because she earns less than $23,660 per year.

Jillian is not entitled to overtime pay because non-professionals are exempt from the overtime provisions of the Fair Labor Standards Act of 1938.

All Time Cabs has to provide Jillian overtime compensation only if it can be shown that its revenue crosses $100,000 per annum.

All Time Cabs does not have to provide Jillian overtime compensation because under the Fair Labor Standards Act of 1938, taxicab drivers are not entitled to receive minimum wages or overtime compensation.

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Question 10

Multiple Choice

Employees of the Vibrant Infra Company work long hours during road construction projects to take advantage of good weather and to complete the work on schedule.During one particular week,a few employees worked close to 65 hours each.For such employees,Vibrant Infra Company must:

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pay double time only for the time worked in excess of 60 hours.

pay a fine as the Fair Labor Standards Act (FLSA) prohibits employees from working over 60 hours per week.

pay only the minimum wages paid to other employees as federal contractors are exempt from the overtime regulations of the Fair Labor Standards Act of 1938.

pay time and a half for the time worked in excess of 40 hours.

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Question 11

Multiple Choice

Kendall,an apprentice at Coral Kitchen Works (CKW),is learning how to assemble and install kitchen cabinets.CKW pays her $5.50 per hour,which is less than the government-approved minimum wage.Which of the following is most likely to be true in this case?

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Coral Kitchen Works cannot pay Kendall less than the minimum wage because all employees, whether trainees or full-time employees, must be paid at least 10 percent above the minimum wage without exceptions.

Coral Kitchen Works can pay Kendall less than the minimum wage if it agrees to provide overtime compensation for time worked in excess of 60 hours per week.

Coral Kitchen Works can pay Kendall less than the minimum wage because interns and apprentices are not covered under the Fair Labor Standards Act of 1938.

Coral Kitchen Works can pay Kendall less than the minimum wage only if it obtains a certificate issued by the Department of Labor's wage and hour administrator.

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Question 12

Multiple Choice

Jude,a cashier at Dixie's Discount located in Wyoming,is paid the minimum wage set by the state.The state minimum wage rate is less than the federal minimum wage rate.Which of the following holds true in this case?

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Dixie's has not violated the Fair Labor Standards Act of 1938 because the state wage rate supersedes the federal minimum wage rate.

Dixie's has violated the Fair Labor Standards Act of 1938 because the federal minimum wage rate supersedes the state wage rate.

Dixie's has not violated the Fair Labor Standards Act of 1938 because private employers are not covered under the act.

Dixie's has violated the Fair Labor Standards Act of 1938 only if it can be shown that the employees are not paid any overtime compensation.

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Question 13

Multiple Choice

Which of the following statements is true about the Fair Labor Standards Act (FLSA)?

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Under the FLSA, employers paying their employees on a piece-rate rather than an hourly rate are allowed to pay less than the minimum wage.

The FLSA does not limit the hours employees work but, rather, sets standards for the hours constituting a normal workweek for wage purposes.

Employees who earn at least $100,000 per year and perform some executive, professional, or administrative job duties are automatically covered under the overtime provisions of the FLSA.

The FLSA entitles domestic workers who live in the employer's home permanently or for an extended period of time who are employed by an individual, family, or household to overtime pay.

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Question 14

Multiple Choice

Lara is a cashier at Day2Night,a large chain of department stores.During the holiday season,she regularly works 60 hours per week.Which of the following holds most true in this case?

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Day2Night satisfies the overtime provisions of the Fair Labor Standards Act of 1938 if it pays Lara overtime for the hours worked over 40 hours per week.

Day2Night satisfies the overtime provisions of the Fair Labor Standards Act of 1938 if it pays Lara overtime only for the hours worked over 50 hours per week.

Day2Night violates the Fair Labor Standards Act of 1938 if it employs Lara for less than 60 hours during a workweek.

Day2Night violates the Fair Labor Standards Act of 1938 if it requires Lara to work overtime.

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Question 15

Multiple Choice

Grapple Industries has close to 1,000 full-time and part-time employees who manufacture component parts for hand tools.The company policy states that part-time employees are not eligible for overtime pay,even if an employee works more than 40 hours during a particular week.Which of the following is most likely to be true in this case?

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Grapple Industries has not violated the Fair Labor Standards Act of 1938 because part-time employees are by definition exempt from overtime pay.

Grapple Industries has not violated the Fair Labor Standards Act of 1938 because private employers are not covered under the act.

Grapple Industries has violated the Fair Labor Standards Act of 1938 because all of its employees are covered by the act and are entitled to overtime pay.

Grapple Industries has violated the Fair Labor Standards Act of 1938 because the law prohibits an employer from requiring employees to work over 40 hours per week.

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Question 16

Multiple Choice

Salim has been an employee of Firewood Heavy Equipment for the past seven months.His wife was recently diagnosed with cancer and needs to undergo surgery.Salim asks his supervisor,Harris,for four to six weeks of leave pursuant to the Family Medical Leave Act of 1993 (FMLA)for his wife's surgery and rehabilitation.Which of the following holds true in this case?

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Harris is not required to grant the leave under the FMLA because the act is limited to employees at the executive level.

Harris is not required to grant the leave under the FMLA because Salim has worked for Firewood Heavy Equipment for less than 12 months.

Harris is required to grant the leave under the FMLA because Salim belongs to a protected class.

Harris is required to grant the leave under the FMLA because the condition of Salim's wife is severe.

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Question 17

Multiple Choice

Bernard has been working as a salesman at Flipper Pools,a company with close to 55 employees,for the past five years.He becomes the legal guardian of his six-year-old nephew after his sister and her husband die in a car crash.He informs his supervisor that he would need the next couple of weeks off to arrange for his nephew's care.Under the Family and Medical Leave Act of 1993,Flipper Pools:

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does not have to grant the leave because the act applies only to employers with more than 100 employees.

does not have to grant the leave because Bernard did not give 60 days' notice.

is required to grant the leave only if Bernard agrees to work overtime without any compensation after he returns to work from his leave.

is required to grant the leave because the act extends the right to care for a child to an employee who is acting as a parent.

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Question 18

Multiple Choice

Before the passage of the Occupational Safety and Health Act (OSHA),an employer could have tried to escape liability for an unsafe workplace by showing that the negligence of one employee caused injuries to another employee.Which of the following defenses would the employer try to assert?

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The fellow servant rule

The assumption of risk

The greater hazard defense

The no-fault rule

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Question 19

Multiple Choice

Before reviewing a high-risk workplace for compliance with the Occupational Safety and Health Act's standards,a safety inspector:

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must mail a search warrant to the employer at least five days prior to the inspection.

must check with the employer to fix a convenient day for the inspection.

must ensure that no unauthorized advance notice of the inspection was given to the employer.

must arrange a training program on the Occupational Safety and Health Act's standards for all employees.

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Question 20

Multiple Choice

The safety standards enforced by the Occupational Safety and Health Administration are researched and formulated by the:

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National Center for Complementary and Integrative Health.

Occupational Safety and Health Review Commission.

National Institute for Occupational Safety and Health.

Equal Employment Opportunity Commission.

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