Exam 16: Selected Employment Benefits and Protections

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Yes,the company needs to make a report u...

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A) A plan in which each employee has his or her own account and the benefits are based only on the principal and income contributed
B) A plan that is established to provide health, vacation, or unemployment benefits through contributions solely made by employees
C) A plan where the amount payable to a participant is determined by a formula, the funding of which is determined actuarially
D) A plan in which the security comes from knowing the amount of principal that will be invested

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A) The FLSA requires that domestic workers who reside in the employer's home either permanently or for an extended period of time be eligible for overtime pay.
B) The FLSA requires overtime pay in an amount no more than 1-1/2 (one and one-half) times the employee's regular rate of pay.
C) The FLSA sets the number of hours that constitute a "normal work week" for wage purposes.
D) The FLSA prohibits an employer from requiring an employee to work more than 40 hours a week.

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A) Faye will be eligible for overtime compensation under the Fair Labor Standards Act regulations because she makes less than $100,000.
B) Faye will not be eligible for overtime pay because as a professional, she is exempt from the overtime provisions of the Fair Labor Standards Act.
C) Faye 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.
D) Faye 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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A) Employees must be paid time and a half for the period of time it takes to put on or remove protective gear.
B) Employees generally must be paid for the time that it takes to put on or remove protective gear, although it may be the subject of collective bargaining.
C) Employees are not entitled to be paid for the time that it takes to put on or remove protective gear.
D) Employees must be paid for the time that it takes to put on or remove protective gear, no exceptions.

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A) Mason's has not violated the Fair Labor Standards Act of 1938 because the state wage rate supersedes the federal minimum wage rate.
B) Mason's has violated the Fair Labor Standards Act of 1938 because the federal minimum wage rate supersedes the state wage rate.
C) Mason's has not violated the Fair Labor Standards Act of 1938 because private employers are not covered under the act.
D) Mason'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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A) exercise the care and judgment that a prudent person would exercise pursuing similar objectives under the same circumstances.
B) invest plan assets in funds that will generate a profit for the plan participants.
C) discharge his or her duties solely in the interest of his or her employer rather than in the interest of the participants in the pension and welfare plans.
D) invest an employee's contributions toward pension and welfare plans in an undiversified portfolio so as to limit the investment risk of the plans.

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A) the benefits payable to a participant are based on contributions and earnings on those contributions.
B) the amount an employee receives at retirement is specifically designated at the time the employee enters the plan.
C) contributions made by an employer to the plan are determined actuarially.
D) contributions to the plan generally only come from an employer.

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A) The employee must prove that he or she is not an at-will employee of the firm.
B) The employee must prove that he or she did not engage in a protected activity.
C) The employee must prove that he or she is not part of any labor union.
D) The employee must prove that he or she was subjected to an adverse action by the employer.

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D

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The Family and Medical Leave Act (FMLA)guarantees employees who have been on the job at least a year up to 12 weeks of unpaid leave per year for a birth; an adoption; or care of sick children,spouses,or parents (or their own serious illness)and the same or an equivalent job upon their return.An FMLA amendment that came later allows an eligible employee to take up to 26 weeks of unpaid leave in a 12-month period to care for a returning war veteran seriously injured in the line of duty.The FMLA applies to employers with 50 or more employees within a 75-mile radius.Employees must have worked for their employer for at least one year and for at least 1,250 hours during the 12 months preceding the time off.They must give the employer at least 30 days' notice when practical.In 2010,the Department of Labor expanded leave rights under the FMLA and extended the right to care for a sick child to an employee who is acting as a parent,even if the employee does not have a legal or biological relationship to the child.Employers may require employees to first use vacation or other leave before applying for the unpaid leave,but employees must be compensated for the vacation days as they normally would.Where both members of the couple work for the same employer,the employer can restrict the couple to a total of 12 weeks' leave per year.Employers must continue to provide employees with health insurance during their leave and may exclude the highest-paid 10 percent of their employees from FMLA coverage.Employers also can require medical confirmation of an illness,which the U.S.Department of Labor defines as requiring at least one night in the hospital.

A) Full-time and part-time employees of a business involved in interstate commerce
B) Federal, state and local government employees
C) Employees of a hospital making less than $500,000
D) Employees of a small business (generating $250,000 per year) producing goods for interstate commerce

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A) An injury requiring an employee to change jobs
B) A workplace fatality
C) An injury requiring immediate transport to a hospital
D) An injury requiring any sort of medical treatment

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A) Immediately.
B) When the changes are under serious consideration.
C) After the plan changes are approved.
D) There is no obligation to communicate plan changes to employees or participants.

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A) the employer knows what he or she is doing constitutes a violation
B) there is a violation that the employer should have known about
C) there is a violation that was known to employees but not known to the employer
D) the employer is aware of a hazardous condition, but does not take steps to remedy it

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A) Manhattan Tools will be liable for the harm because Curtis avoided the precautionary measures due to a legitimate reason.
B) Manhattan Tools will be liable because OSHA states that employers are insurers of employee safety, even in spite of an employee's disregard for safety precautions.
C) Manhattan Tools will not be liable as the harm was the result of reckless behavior on Curtis' part.
D) Manhattan Tools will not be liable for the harm as OSHA does not apply to private employers.

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A) Robert is not required to grant the leave under the FMLA because the act is limited to employees at the executive level.
B) Robert is not required to grant the leave under the FMLA because Youssef has worked for HRG Industries for less than 12 months.
C) Robert is required to grant the leave under the FMLA because Youssef belongs to a protected class.
D) Robert is required to grant the leave under the FMLA because the condition of Youssef's wife is severe.

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