Exam 35: Labor, Worker Protection, Employment, and Immigration Law

ERISA requires employers' contributions to be either totally vested after 5 years,or gradually vested over a 7-year period and completely vested after that time.

Under the Family and Medical Leave Act,any leave required to be provided by employers is unpaid.

The Occupational Safety and Health Administration has adopted thousands of rules to enforce the safety standards established in the act to which companies must adhere.

The Fair Labor Standards Act requires that most employees in the United States be paid at least the federal minimum wage for all hours worked.

Which of the following is true regarding unemployment compensation?

Amounts recoverable in workers' compensation benefits do not vary from state to state.

The Fair Labor Standards Act applies to private employers and employees engaged in the production of goods for intrastate commerce.

Why should employees be able to receive workers' compensation payments even if they are hurt through their own negligence?

If employees no longer want to be represented by a union,a decertification election will be held.

Under ERISA rules,no more than ________ percent of the pension fund's assets can be invested in the securities of the sponsoring employer.

Dru is a secretary working full-time at an hourly rate from 8:00 a.m.to 4:30 p.m.,with a one-hour unpaid lunch.On Monday,her boss asks her to stay late and complete a report,which takes her two hours.Pursuant to the Fair Labor Standards Act,regardless of her schedule for the remainder of the week,Dru is entitled to be paid overtime for those two hours.

Badger Enterprises has one hundred 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 in 2001.Badger has been a very successful company,so the company decided that twenty-five percent of the pension plan assets would be invested into Badger Enterprises stock.The pension plan provides that employees will vest within three years of earning benefits.Based on the above,Badger is in violation of the Employee Retirement Income Security Act:

Which of the following statutes specifically covers employees of airline carriers?

Which of the following acts regulates internal union affairs?

The employee can sue the employer in a regular civil lawsuit,instead of pursuing a workers' compensation claim,if the employer intentionally caused the injury.

Sam operates a small business with twelve employees.Sam says to his employees,"I'm not required to give you a pension plan,but I have decided to do so.The plan is that if you stay employed with me until you reach the age of sixty-five,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.

OSHA conditional duty standards apply to specific equipment,procedures,type of work,individual industry,and unique work conditions.

The National Labor Relations Board oversees union elections.

Which of the following is not true regarding the Occupational Safety and Health Act?

ERISA provides for immediate vesting of each employee's own contributions to a pension plan.