True/False and multiple choice for business law questions.
- Although the Occupational Safety and Health Act regulates workplace safety, OSHA is not empowered to inspect businesses to enforce those regulations. Rather, it can enforce them only after an employee is injured.
- The Employee Retirement Income Security Act requires certain employers to provide pension plans for their employees.
- The Fair Labor Standards Act requires double-time pay for all working hours in excess of 40 per week.
- The Age Discrimination in Employment Act protects people age 40 and over from age discrimination.
- The federal Polygraph Protection Act recognizes employers’ need to administer lie detector tests to their employees, and permits most such tests.
- Drug and alcohol testing of public employees is per se unconstitutional.
- The Fair Labor Standards Act:
A) Forbids the employment of all people below the age of 17.
B) Requires that hourly employees be paid at a double-time rate for weekend work.
C) Applies only to employers with 25 or more employees.
D) None of the above.
- Which of the following entities is not covered by Title VII? Assume that the entity in question discriminates on one of the bases forbidden by Title VII.
A) An individual who employs 100 people.
B) A corporation employing five people.
C) A 50-member union that discriminates against its members.
D) A private college with 500 employees.
E) An employment agency with three employees that discriminates in its referrals to the IBM Corporation.
- Pat is an assembly line worker who has developed carpal tunnel syndrome. She has asked for equipment that will allow her to stay on the assembly line. The employer has declined her request. If Pat sues her employer under the ADA, which of the following could be the employer’s defense?
A) Pat is able to brush her teeth, garden, and care for her young children.
B) Pat is no longer a “qualified individual” for the job because she has carpal tunnel syndrome.
C) Pat is only entitled to workers’ compensation.
D) There are no mitigating measures available to Pat.
- Jack is a new attorney for Day and Knight, a law firm in New York City. He is told by Jill, Managing Partner, that retention and promotion depends on whether he is seen as a “team player” who is “loyal” and “subordinate.” Jill has asked out Jack every day for the past week. Jack firmly refuses her invitation each time. After four months, Jill terminates Jack after she criticizes him for being disloyal and insubordinate. Jack asks Jill why, and she replies, “you know why.” Which of the following statements regarding Jack’s termination is most accurate?
A) Jack cannot sue the law firm because he failed to complain about Jill’s conduct.
B) Jack cannot sue under Title VII because its protections regarding gender do not include men.
C) The law firm is strictly liable for Jack’s termination.
D) If Jill is now required to attend a seminar on workplace harassment, then the firm is not liable under Title VII.
- The Clean Air Act’s permit system contains monitoring and reporting requirements.
- One defect in federal regulation of hazardous waste sites under CERCLA is that the federal and state governments must bear the sole financial burden for cleaning up the sites.
- The federal government does not regulate the dumping of materials into the oceans; international bodies have the sole responsibility for such regulation.
- The EPA regulates underground storage tanks such as those for gasoline.
- Under the Clean Water Act, the states have the main responsibility for regulating water pollution.
- The regulation of automobile pollution is primarily a state matter.
- Which of the following government actions may be taken under the Clean Air Act?
A) A factory may be required to limit its emissions of substances that contribute to smog.
B) A power plant may be required to limit its emissions of sulfur oxides to a certain number of pounds per Btu of energy produced.
C) Bakeries in certain areas may be required to further control its emissions from baking.
D) A and B.
E) All of the above
- The 1990 amendments to the Clean Air Act address the problem of acid rain by:
A) Ordering the drainage of all lakes in which it is present.
B) Ordering the chemical treatment of all lakes in which it is present.
C) Banning the burning of coal in electric utilities by the year 2000.
D) None of the above.
- The term “Superfund” refers to:
A) The fund the states require each disposer of solid waste to maintain.
B) The pool of money collected to compensate victims of nuclear reactor disasters.
C) The Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
D) The fund that the automobile industry must maintain to develop alternative-fuel vehicles.
- The Clean Water Act and its amendments do not regulate:
A) Industrial wastes.
C) Discharges of pollutants.
D) Drinking water.