BUL6810 chapter 12 quiz

Question 1

1. In a ______, the employer guarantees that the participant will receive an annual benefit for life following retirement, or the actuarial equivalent of such a benefit, based on a formula in the plan regardless of contributions made or the plan's investment performance.

   		Defined contribution pension plan
   		401(k) plan
   		Employee stock ownership plan
   		Defined benefit pension plan

5 points

Question 2

1. What did the U.S. Supreme Court rule regarding the drug testing of U.S. Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms?

   		That drug testing would be allowed only if the government could establish evidence of a drug problem among that group of customs employees.
   		That the drug testing was illegal and unconstitutional.
   		That the drug testing was justified by the need for national security and by the extraordinary safety hazards attendant to the positions involved.
   		That the drug testing would be allowed because the customs employees, as public employees, had no greater rights than private employees.

5 points

Question 3

1. The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is

   		the Occupational Safety and Health Administration
   		the Safe Workplace Administration
   		the Health in the Workplace Administration
   		the Federal Employment Oversight Administration

5 points

Question 4

1. Which of the following was the federal minimum wage in 2011?

   		$7.25 per hour.
   		$6.55 per hour.
   		$6.25 per hour.
   		$5.00 per hour.

5 points

Question 5

1. The ______ prohibits employers from using genetic information to make decisions about hiring, firing, or compensation.

   		The Family Medical History Act
   		Genetic Prohibition and Protection Act
   		The Privacy in Testing Act
   		Genetic Information Nondiscrimination Act

5 points

Question 6

1. Roxanne has a serious heart condition. She has worked as an administrator with employer-sponsored health insurance at Big Company for ten years. She has been offered a great job at Up and Coming Company that she would like to take. It pays slightly less but has great opportunities for advancement. Up and Coming has health insurance, but there is a preexisting condition with the insurance excluding coverage for any preexisting health condition for six months. Roxanne says that if she takes the job at Up and Coming she will not be able to afford to continue her health insurance from Big Company. Up and Coming wants her to start immediately. She is in a quandary about what to do. What would you advise her to consider?

   		She should consider relying on the Health Insurance Portability and Accountability Act which would likely prohibit enforcement of the preexisting condition exclusion.
   		She should consider relying on the Consolidated Omnibus Budget Reconciliation Act which would require that Big Company pay for the continuation of her insurance through Big Company for six months.
   		She should file for assistance with the insurance payments under the Worker Adjustment and Retraining Notification Act.
   		She should not take the job with Up and Coming because she cannot afford to take a risk with the preexisting condition exclusion.

5 points

Question 7

1. Which of the following is true regarding employment laws within the European Union?

   		The European Union has attempted to bring uniformity to the laws related to termination of employment.
   		No member states of the European Union recognize the U.S. concept of employment at will.
   		The European Union has attempted to bring uniformity to the laws related to termination of employment, but laws of the United Kingdom provide significantly more benefits and legal protection to employees than do the employment laws of France.
   		In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment.

5 points

Question 8

1. The first minimum wage was set at

   		$1.00 per hour.
   		$2.50 per hour.
   		Fifty cents per hour.
   		Twenty-five cents per hour.

5 points

Question 9

1. Courts in a minority of states have recognized a bad-faith exception to the at-will employment relationship called the ______.

   		Implied covenant of good faith and fair dealing
   		Imposed contract of fair treatment
   		Imposed contract of fair treatment and ethical conduct
   		Implied obligation of fairness and ethics

5 points

Question 10

1. Which of the following purport to give an employer the right to recoup some or all of an employee's stock option gain if he or she goes to work for a competitor within a certain period of time following exercise of the option?

   		Climb back provisions
   		Incline clauses
   		Let loose clauses
   		Clawback provisions

5 points

Question 11

1. Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

   		The Employee Retirement and Protection Income Security Act
   		The Dodd-Frank Wall Street Reform and Consumer Protection Act.
   		The Wagner Act
   		The SEC Accountability and Reform Act to Protect Consumer Investors

5 points

Question 12

1. Assuming a jurisdiction permits noncompete agreements, which of the following is considered in determining whether restrictions are reasonable?

   		The duration of limitations
   		Geographic limitations
   		The scope of the activities prohibited and the duration of any limitations
   		The duration of limitations, geographic limitations, and the scope of the activities prohibited

5 points

Question 13

1. Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. Which of the following would enable Ricardo to work in the U.S.?

   		A passport
   		An H-1B visa
   		A recognized visa
   		A work permit

5 points

Question 14

1. Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. If Ricardo comes to the U.S. to work with appropriate documentation, for how long will he generally be authorized to work?

   		For up to two years
   		For up to three years
   		For up to six years
   		For up to ten years

5 points

Question 15

1. Which of the following is true regarding genetic testing by employers?

   		There is a federal law prohibiting all employers from firing employees based on genetic information.
   		There is no federal law prohibiting employers from firing employees based on genetic information, but many states have laws prohibiting the firing of employees based on genetic information.
   		There is a federal law prohibiting employers of health care workers form firing employees based on genetic information, but other than that, employers are not subject to any limitations.
   		There is a federal law prohibiting employers of over a certain number of employees from firing employees based on genetic information.

5 points

Question 16

1. Which of the following federal laws governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans?

   		The Consolidated Omnibus Budget Reconciliation Act
   		The Employee Retirement Security Act
   		The National Labor Relations Act
   		The Fair Labor Standards Act

5 points

Question 17

1. Which of the following are included within OSHA requirements regarding posting of information?

   		OSHA requires that notices of any potentially dangerous conditions be posted.
   		OSHA requires that any citations for violations be posted.
   		OSHA requires that notices of any potentially dangerous conditions be posted and also that citations for penalties be posted.
   		OSHA does not have any posting requirements.

5 points

Question 18

1. The Fair Labor Standards Act requires that, with some exceptions, every employee be paid _________ for hours worked in excess of _________ hours in a workweek.

   		One and one-half the regular rate of pay, 40
   		Two times the regular rate of pay, 40
   		One and one-half the regular rate of pay, 45
   		Two times the regular rate of pay, 45

5 points

Question 19

1. In states that apply the doctrine of ________, a defamatory statement by an employer to an employee may constitute publication where it is foreseeable that the employee would be required to repeat it.

   		tort law
   		self-publication
   		slander
   		libel

5 points

Question 20

1. Paige is 64 years old and would like to retire from her job at a large accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it. Assuming Paige exercises her rights under federal law to maintain her insurance with the accounting firm upon her resignation, which of the following is true regarding the premiums?

   		The employer would be required to pay all of the premium.
   		The employer would be required to pay for one-half of the premium, and Paige would be required to pay for one-half.
   		Paige and the employer would pay the premium based upon whatever arrangement was in effect during her period of employment.
   		Paige would have to pay all the premium.