Under workers’ compensation, when an employee is accidentally injured on the job: A worker can sue the employer in addition to recovering from workers’ compensation, but only if the employer intentionally caused the injury. A worker has the choice of whether to file a normal lawsuit or recover from the workers’ compensation board. A worker can file a normal lawsuit and recover from the workers’ compensation board. Whether the injury occurred in the course of employment is not relevant. Question 2 10 points Save Under the Occupational Safety and Health Act: Purchasers of a company’s products are assured that they are safe for their ordinarily intended uses. A company can be found to be in violation even if an employee in not injured. Complaints are handled by the Equal Employment Opportunity Commission. Very few safety standards have actually been adopted. Question 3 10 points Save Under the Fair Labor Standards Act: Limitations are placed on the hours that workers can work each week without being paid overtime. A minimum wage is set, but is not required to be paid if the worker agrees to accept a lower amount. Workers are prevented from working in hazardous jobs. Employers are not required to pay overtime for a nonexempt employee who works 45 hours in the first week but only 25 hours in the second week of a two-week pay period. Question 4 10 points Save Which of the following is true about unemployment benefits? Because they are set at the federal level, unemployment benefits are the same in every state. Employees are eligible to receive benefits regardless of the reason that employment ends. The taxes to support the unemployment benefits program are paid by the employer. Once awarded, a recipient of unemployment benefits will be entitled to collect the award even if the employee finds other work. Question 5 10 points Save Judy just bought a new business with many employees. She has heard about the requirements of OSHA. Judy has read through all the specific regulations that apply to her workplace, and is in compliance with all of these. Which of the following is true? Judy also has a duty to provide a perfectly safe workplace. Judy’s workplace can be inspected to determine if she is in violation Judy could be in violation of her general duty standard even while being in compliance with all of the specific regulations. Judy’s workplace can be inspected to determine if she is in violation and Judy could be in violation of her general duty standard even while being in compliance with all of the specific regulations. Question 6 10 points Save Megan is younger than 18 years of age and wants to get a job. However, she has heard that her employment is limited because she is under age. Which of the following statements is true? If Megan is younger than 14, she cannot get any job. If Megan is younger than 18, she can get any job she wants, as long as her parents consent. If Megan is 14 or 15, she can work unlimited hours in nonhazardous jobs. If Megan is 16 or 17, she can work unlimited hours in nonhazardous jobs. Question 7 10 points Save Badger Enterprises has 100 employees, engages in interstate commerce, and has been in existence since it incorporated in 1979. Badger never had a pension plan for its employees, but decided to adopt one for the year beginning in 2001. Badger has been a very successful company, so the company decided that 25 percent of the pension plan assets would be put into stock of Badger Enterprises. The pension plan provides that employees will vest within three years of earning benefits. Badger is in violation of the Employee Retirement Income Security Act: Before adopting its pension plan, but not thereafter. After adopting its pension plan, but not beforehand. Both before and after the adoption of the pension plan. Neither before nor after adopting the pension plan. Question 8 10 points Save The federal law that permits employees and their beneficiaries to continue their group health insurance after an employee’s employment has ended is: The Occupational Safety and Health Act The Fair Labor Standards Act The Consolidated Omnibus Budget Reconciliation Act The Employee Retirement Income Security Act Question 9 10 points Save Sam operates a small business with 12 employees. Sam says to his employees, “I’m not required to give you a pension plan. But, I will do so. The plan is that if you stay employed with me until you reach age 65, I will give you a pension of $1,000 per year during retirement for each full year you have worked. Because I believe so strongly in this company, if I invest any money in the fund in advance, I will put half of it into stock of this company. If you leave before retirement, you don’t get it. That way, you’ll have more incentive to work hard and stay with the company.” Comment on the legal aspects of this plan. Save Question 10 The workers at Nedesco, Inc. regularly heat their lunches in one of the plant’s industrial ovens. To reach the oven, an employee rides on a conveyer belt to the oven. At the oven, the employee stops the conveyer belt, slides the tray of lunches into the oven, and waits for approximately five minutes until the lunches are warm. After retrieving the tray, the employee climbs down an emergency ladder. There is no specific duty standard that covers this situation. Discuss whether Nedesco has violated an OSHA duty. Question 1 10 points Save Which of the following is true about the American Federation of Labor? It was formed in the early part of the twentieth century. When originally formed, only skilled craft workers were allowed to join. All members of other unions are automatically members of it. It is not allowed to engage in political lobbying. Question 2 10 points Save Which of the following statutes provides that it is legal for employees to organize? The Norris-LaGuardia Act The National Labor Relations Act The Labor-Management Relations Act The Worker Adjustment and Retraining Notification Act Question 3 10 points Save Which of the following is true about elections to certify a union? At least 50 percent of employees in the bargaining unit must be interested in joining a union, and an affirmative vote of more than 50 percent will win the election for the union. At least 33 percent of employees in the bargaining unit must be interested in joining a union, and an affirmative vote of more than 50 percent will win the election for the union. At least 50 percent of employees in the bargaining unit must be interested in joining a union, and an affirmative vote of more than 66.7 percent will win the election for the union. At least 30 percent of employees in the bargaining unit must be interested in joining a union, and an affirmative vote of more than 50 percent will win the election for the union. Question 4 10 points Save The Worker Adjustment and Retraining Notification Act requires notification to be given: Six months in advance for any plant closing. Sixty days in advance for any plant closing. Sixty days in advance for plant closings resulting in the loss of 50 or more jobs, but not for temporary layoffs. Sixty days in advance for plant closings resulting in the loss of 50 or more jobs, and for layoffs of 50 employees or 33 percent of workers at a site for 30 days or more. Question 5 10 points Save The following type(s) of shops does not require union membership: Closed shop. Closed shop and agency shop. Union shop and agency shop. Agency shop. Question 6 10 points Save Which of the following types of strikes is legal? Violent strikes Strikes occurring 75 days after union notification to the employer of a possible strike Sit-down strikes Partial strikes Question 7 10 points Save The Farm Union represents farm workers, some of whom are employed by Vino Wineries. The union is on strike against Vino and it is picketing all liquor stores that sell Vino products. The picketers are asking that no one buy anything from any liquor store that carries Vino products. There has been no violence. This picketing is: An illegal secondary boycott. A legal secondary boycott. An illegal common situs picket. A legal common situs picket. Question 8 10 points Save Jed owns a small but growing manufacturing company. Jed had enjoyed a good relationship with his production workers until recently. Now there is to be an election to join a national union that will be held in two weeks. Jed has implemented a policy that there will be no solicitation of employees on company property. Which of the following is true? Jed must allow solicitation of his employees any time they are at work. Jed must provide his employees with time off in order to learn about the union’s side of the issue. Jed must allow anyone to solicit his employees while they are on breaks or at lunch. Jed must allow on-duty employees to solicit other employees, but can limit it to nonwork areas such as break rooms. Question 9 10 points Save The Overrock Typewriter Company has been in business for a hundred years, but falling sales have forced several layoffs in the past 20 years. There has never been a union at the company, but some workers have organized a union election. Overrock’s owner will not discuss wages if a union is formed, and might close the plant. Discuss the legal implications. Question 10 Briefly discuss the types of strikes that are illegal and employers’ remedies for such strikes