Exam 31: Employment,Worker Protection,and Immigration Laws

The Fair Labor Standards Act applies to governmental employers.

Bob works in a large law firm with the title of paralegal.Bob had worked as a legal secretary for years,but was promoted to paralegal last year.The secretaries in the firm were paid on an hourly basis,and all time in excess of 40 hours per week was paid at one and a half times the hourly rate.Bob learned much in his years working in the residential real estate department of his law firm.In fact,he could draft most uncomplicated sale and purchase contracts and was doing this while still working as a secretary.He would frequently draft the contracts using forms,making changes and insertions where necessary,and merely have the attorneys review them for any needed revisions.Bob was excited to hear about the promotion,but then was disappointed to learn that he would not be getting a raise,and that the duties of his job would not change much.Bob's hourly wage was converted to a weekly salary based on 40 hours at his prior wage.No overtime would be paid,which upset Bob because he had averaged about 20-25 hours of overtime per month,and always welcomed the opportunity to earn extra money.The law firm assured Bob that he would now be considered for a year-end bonus based on performance and contribution to the firm.The law firm became busier during the year,and Bob increasingly had to work overtime.He continued to do some drafting of contracts as well as most of the word processing for the real estate department.At the end of the year,the firm announced that profits were less than hoped for and that the maximum bonus would be $100,which Bob received.Does Bob have a claim to receive any additional compensation for his work during the year?

Which of the following is true about the Social Security system?

An employer can pay less than the minimum wage to take into account the reasonable cost of meals and lodging supplied to employees.

Under the Employee Retirement Income Security Act,an employee's benefits must vest:

Debbie was the president and chief executive officer of RST corporation.Debbie was also a skydiving enthusiast.She often stated that skydiving showed the worth of a person more than any other activity.On weekends,Debbie and a group of RST executives would go skydiving.Mark had been hired as a junior executive several years ago,and had performed his job well.RST needed a new vice-president of marketing to fill a vacancy caused by retirement,and Mark thought he had a good chance to get that job.Debbie asked Mark to go skydiving with her group on Saturday.Mark did not want to go,but he thought that if he did not go,it would cost him this promotion.Most,but not all,of the other vice-presidents participated in these jumps.Mark jumped and was killed when his parachute failed to open.Beth,Mark's wife,sued to collect workers' compensation for the death of Mark.What was the result?

The Employee Retirement Income Security Act does not require any employers to provide pension plans for their employees.Should this law be changed so that employers are required to provide at least some minimum pension plan to employees?

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.

Many employers are making greater use of contract labor.For example,some firms now will provide a 500-person temporary contract sales force,which might be useful where a firm has a new product that will require labor-intensive selling initially,but once introduced,will require far fewer salespeople.What are the pros and cons of this trend?

Employment law is a mixture of contract law,agency law and government regulation.

Should there be a lower minimum wage for some workers,for example,workers under age 18? What are the arguments for and against a two-tier minimum wage?

An accident that happens while the employee is an off-premises restaurant during his or her personal lunch hour is covered under workers' compensation.

Judy just bought a new business with many employees.She has heard about the requirements of OSHA.What is the employer's general duty under OSHA?

Mary goes to work for Rocky Mountain Company,which has a pension plan requiring her to work at least ten years in order to be entitled to her benefits.This is a violation of:

The Employee Retirement Income Security Act allows up to 25 percent of a retirement plan's assets to be invested in the securities of the sponsoring employer.

Which of the following is true about unemployment benefits?

Joe,a high school student,just received his first paycheck from his first job.He notices that he was not paid the minimum wage and he is concerned.Which of the following statements is true?

Under workers' compensation,when an employee is accidentally injured on the job,which of the following is true?

The test whether an employee can recover under workers' compensation is whether the injury affects the employee's performance of the job.

Which of the following statements is true under the Immigration Reform and Control Act of 1986?