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© 2000 - 2008 by Ethan A. Winning
To receive the answers to this quiz, you must be a subscriber the ewin.com. You can also get the answers in Labor Pains: Employer and Employee Rights and Obligations.
| 1. | Employees do not have to be paid for time spent in commuting to and from the actual place of performance of work under the Fair Labor Standards Act. T F | |
| 2. | The FLSA does not apply in situations in which there is no control or supervision over the person doing the work. T F | |
| 3. | Religious and nonprofit organizations do not come under the Fair Labor Standard Act. T F | |
| 4. | If the only regular employees of an establishment are its owner or the parent, spouse, child, or other member of the owner's immediate family, it is not an "enterprise" under the FLSA and is, therefore, exempt from its provisions. T F | |
| 5. | If an employee is exempt from the FLSA because s/he is paid on a salary basis, the employer may reduce the amount paid because of the employee's absences for personal reasons, other than sickness or accident, so long as the reductions are made in increments of full work days. T F | |
| 6. | When an employee travels out of town, travel time outside of the normal work hours need not be counted as hours worked. T F | |
| 7. | When a state or federal legislature has declared certain days as holidays, private employers may not require employees to be at work on any of those days. T F | |
| 8. | Under the Family Medical Leave Act (FMLA), an employer may require the employee to provide a certificate from the health care provider supporting the need for the leave. T F | |
| 9. | Under the FMLA, an employee returning to work from leave has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period. T F | |
| 10. | Under FMLA, employers are required to maintain an employee's health insurance coverage during qualifying leave in the same manner as if the employee were actively working. T F | |
| 11. | Under Executive Order 11246, all employers with 100 or more employees must engage in affirmative action to censure that "applicants are employed, and that employees are treated during employment without regard to their race, color, creed, or national origin." T F | |
| 12. | So long as the competition is fairly and legally conducted, a person is free to solicit business from a former employer's customers. T F | |
| 13. | Under the Fair Credit Reporting Act, an employer must disclose in writing to an employee or applicant that a credit report will be requested. T F | |
| 14. | The U.S. Constitution provides to the right to privacy, a primary reason why federal and state laws now prohibit the use of polygraph exams as a condition of employment or continued employment. T F | |
| 15. | Employers may ask job applicants about any and all arrests and detentions if the arrests were for offenses other than misdemeanors. T F | |
| 16. | Federal law requires that any information relating to the medical condition or history of an applicant or employee be kept on separate forms, in files separate from general personnel information, and treated as confidential. T F | |
| 17. | Under the Drug-Free Workplace Act of 1988, all federal government contractors must certify that they will maintain a drug-free workplace. Further, the contractor must sanction any employee for a drug violation. T F | |
| 18. | Under the Older Workers Benefit Protection Act of 1990, no employee benefit plan may require an individual's involuntary retirement because of his or her age. T F | |
| 19. | An employer tells its employees that the employee's spouse is eligible for medical coverage only if the employee earns more than half of the couple's combined income. This has been deemed discriminatory under Title VII of the Civil Rights Act. T F | |
| 20. | An employee refused to work on Saturdays on religious grounds. The employer could not transfer the individual to a different shift because it violated union contract provisions. The union refused to waive the provision in the contract. The employer fired the individual, and he filed a discrimnination suit under Title VII against the employer. The employee lost the suit. T F | |
| 21. | Many employers are late in evaluating the performance of employees. Even though an employee handbook states that the individual will be evaluated annually, most state courts do not recognize a tort action for "negligent performance of a contractual duty to evaluate." T F | |
| 22. | An employer may sometimes use evidence of employee misconduct as a defense in a wrongful termination action, even though the evidence was acquired after the employee's termination. T F | |
| 23. | Humiliating an employee in any form -- whether in front of other employees or in private -- is considered an "hostile work environment" under the theories of harassment. T F | |
| 24. | If a customer of a company harasses an employee, the company does not have any liability. T F | |
| 25. | Federal law requires that employers take preventative steps to ensure that the workplace is free from harassment. T F |
These are just some of the 150 questions tackled in Labor Pains and in the subscriber's section of this site.
You can request the answers by email to the first quiz. However, to get the answers to quizzes 2-4, you either must purchase a copy of Labor Pains or become a subscriber to ewin.com.
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E. A. Winning Associates.