FLORIDA CONTRACTORS MANUAL EXAM | QUESTIONS AND CORRECT ANSWERS | GRADED A+ | VERIFIED ANS, Exams of Contract Law

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According to Contractors Manual, which of the following production factors would not be considered by the estimator when calculating equipment cost estimates? ------CORRECT ANSWER---------------original purchase price of the equipment When estimating the cost of transporting equipment to the job site, the estimator should use: ------CORRECT ANSWER---------------40 to 65% of the speed limits When producing an equipment estimate, some factors that are taken into consideration are: ------CORRECT ANSWER---------------age and condition of equipment, permissible speeds and safety factors All these factors, except one, must be considered when estimating manpower: ------CORRECT ANSWER---------------financial incentives Value engineering and cost savings, returning money to both the owner and the contractor, are advantages of which type of contract? ------ CORRECT ANSWER---------------guaranteed maximum price A contract in which the contractor agrees to perform a stipulated job in exchange for a fixed sum of money is called a: ------CORRECT ANSWER-- -------------lump-sum Ambiguous contract terms will be: ------CORRECT ANSWER--------------- interpreted against the party who drafted the document. Which construction contracts are rarely negotiated? ------CORRECT ANSWER---------------fixed-price The MAJOR difference between various of types of negotiated contracts such as lump-sum, cost-plus or guaranteed maximum price is: ------ CORRECT ANSWER---------------the provision regarding compensation of the contractor Network Analysis including CPM and PERT are methods of _________ ---- --CORRECT ANSWER---------------scheduling Network analysis includes all of the following functions except: ------ CORRECT ANSWER---------------the balance sheet of the critical activities According to Contractors Manual, which of the methods below is not one of the three traditional methods of construction scheduling grouped under network analysis? ------CORRECT ANSWER---------------Cost Control Systems (CCS) Network Analysis determines the: ------CORRECT ANSWER--------------- shortest length of time in which a project can be completed. use of ___ , according to Contractors Manual. ------CORRECT ANSWER--- ------------a back charge Which of the following documents should be submitted to and approved by the contractor prior to commencement of work by a subcontractor on a job, according to Contractors Manual? ------CORRECT ANSWER--------------- performance bond (if required), subcontract agreement and insurance certificate The subcontractor shall correct, repair, or replace defective work within how many hours after receiving notice of the defective work from the contractor? This is a notification clause that should be included in a standard contractor-subcontractor agreement, according to the Contractors Manual. ------CORRECT ANSWER---------------24 The contractor sends out a Notice of Termination to the subcontractor and the subcontractor's bonding company. According to Contractors Manual, after the Notice of Termination is sent and the subcontractor is officially terminated, the: ------CORRECT ANSWER---------------subcontractor's equipment and materials should be left on the site until the subcontractor's work is completed According to Contractors Manual, the overall timeframe for receiving submittals (shop drawings) from vendors and/or subcontractors on a given job is defined by the ------CORRECT ANSWER---------------construction schedule. A weekly labor distribution report is one of several: ------CORRECT ANSWER---------------cost accounting reports Which of the following is a responsibility of the project superintendent? ------ CORRECT ANSWER---------------coordination and maintenance of equipment Who i s responsible to submit weekly labor and cash flow reports? ------ CORRECT ANSWER---------------project manager Whose job duties include organizing the project, developing and maintaining the schedule and directing personnel and subcontractors? ------ CORRECT ANSWER---------------project superintendent Increasing cash flow that aids the contractor in financing the project is accomplished using a type of contact cost breakdown that estimates a higher percentage of cost in the early phases of the project. This term, according to the Contractors Manual is: ------CORRECT ANSWER---------------front-end loading Environmental regulatory inspections will usually be: ------CORRECT ANSWER---------------unannounced When considering paint removal, if the paint contains more than mg/L of lead it must be handled as a hazardous waste. ------CORRECT ANSWER-- -------------5 The ________ is the primary permit application agency for construction activities conducted in Florida wetlands. ------CORRECT ANSWER----------- ----Florida Department of Environmental Protection If an employer and employee reach an agreement to waive the employees right to workers' Compensation benefits, can the agreement be enforced? - -----CORRECT ANSWER---------------No, it is invalid Can child support or alimony be deducted from "workers' compensation" benefits? ------CORRECT ANSWER---------------Yes, the claim of creditor exemption does not extend to child support or alimony payments Every employee engaged in construction work is entitled by law to a work place that is free of what three factors? ------CORRECT ANSWER------------ ---Unsafe conditions, unsafe acts, and health hazards What OSHA form is used to record all incidents resulting in loss of consciousness, restriction of work or movement, lost work-days, or medical treatment? ------CORRECT ANSWER---------------OSHA Form 300/300A Furnishing employees employment and a place of employment which is free from recognized hazards causing or likely to cause death or serious physical harm is a required under which OSHA clause? ------CORRECT ANSWER---------------The general duty clause What is the fourth area responsibility for an employer per OSHA? ------ CORRECT ANSWER---------------OSHA posters must be posted on all job sites where all employees can see them Under the OSHA Act, ___ of an employee is any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment. ------ CORRECT ANSWER---------------Occupational illness Every occupational death, every nonfatal illness, and those nonfatal occupational injuries which involves loss of consciousness or medical treatment (other than first aid) is a ____ ------CORRECT ANSWER------------ ---Recordable case How are lost days of work for an injured employee counted? ------ CORRECT ANSWER---------------By the number of calendar days the employee was unable to work as a result of the injury or illness What is the maximum allowable civil penalty for serious or other-than serious violations? ------CORRECT ANSWER---------------$13,494 What is the maximum allowable civil penalty for willful or repeated violations? ------CORRECT ANSWER---------------$134,937 ____ are those committed with an intentional disregard of, or plain indifference to, the requirements of the OSH Act and regulation? ------ CORRECT ANSWER---------------Willful violations What is the base penalty for failure to report a fatality or catastrophe within 8 hours? ------CORRECT ANSWER---------------$13,494 If the contractor only partially abates a violation issued by OSHA within 30 days, how much can the penalty be reduced? ------CORRECT ANSWER---- -----------By 20 percent to 40 percent What are the exceptions for the requirement of a protective systems when excavating? ------CORRECT ANSWER---------------Where the excavation is in solid rock, nor in excavations that are less than 5 feet in depth How do the manufacturers of Manila rope used for hoisting identify first grade rope? ------CORRECT ANSWER---------------By an identifying mark of some kind Why are synthetic fiber ropes generally not used in rigging? ------ CORRECT ANSWER---------------Because of their tendency to stretch under strain and their susceptibility to damage by heat flame and sparks What type of rope would you want to use in a rigging operation that could withstand severe shock loads? ------CORRECT ANSWER---------------Nylon Rope When a rope is used for hoisting or supporting personnel, what safety factor must be used? ------CORRECT ANSWER---------------A safety factor of "10" What type of splice should be used to prevent strands at the end of the rope from unlaying? ------CORRECT ANSWER---------------Back Splice How much do knots, bends and hitchers reduce rope strength? ------ CORRECT ANSWER---------------Knots and bends by about 50 percent and hitches by about 25 percent What is the only way riggers can determine the safety, life expectancy and load-carrying ability of the rope? ------CORRECT ANSWER--------------- Regularly inspecting every foot of rope What are the two broad categories of wire ropes? ------CORRECT ANSWER---------------Preformed and non-preformed What are the two most commonly used shackles in rigging? ------ CORRECT ANSWER---------------The anchor (bow type) and chain (D-type) What are the three essential terms of a construction contract? ------ CORRECT ANSWER---------------Quality, time and price What are two types of unlawful contracts? ------CORRECT ANSWER--------- ------A contact where the contractor is not licensed to perform the work undertaken where a contractor's license is required and a calling for work that is in violation of building code An allocated amount that is provided for the purpose of reaching an overall fixed price or budget yet allows for variation of the budgeted amount is called an ___ ------CORRECT ANSWER---------------Allowance What are three means to establish evidence that the applicant possesses the ability to properly supervise construction activities when qualifying an additional business entity? ------CORRECT ANSWER---------------Owns 20% or more of the business; Receives a W-2; or provides evidence of the means and methods utilized to ensure control over the construction work. 61G4-15.015 provides for the certification of what type of structure contractors? ------CORRECT ANSWER---------------Specialty Structure Contractors What is the minimum distance a sewage system can be located from a private potable well or multi-family water system? ------CORRECT ANSWER---------------75 feet The matching of expenses with the revenues that they helped generate is called the ____? ------CORRECT ANSWER---------------Matching concept What is an entity comprised of at least one general partner and has one or more limited partners? ------CORRECT ANSWER---------------Limited Partnership If the qualifying agent ceases to be affiliated with a business, how long does the business have to notify the DBPR? ------CORRECT ANSWER----- ----------60 days According to 489, the fee for an applicant submitting an initial application may not exceed how much? ------CORRECT ANSWER---------------$150 If the board imposes a civil penalty for a violation of Chapter 489, F.S., or of the rules, how many days does the contractor have to pay the penalty imposed to remain in compliance? ------CORRECT ANSWER---------------30 days According to the administrative code, if a business has a financially responsible officer other than the qualifier, what additional requirement must they also demonstrate? ------CORRECT ANSWER---------------A bond or irrevocable letter of credit, in the amount of $100,00 payable to the board for fines and costs What may the board require as an additional penalty, if they find that a contractor committed a violation because of lack of knowledge or understanding of the laws and rules? ------CORRECT ANSWER--------------- Additional continuing education hours in excess of the credit hours required for biennial renewal What two areas of violations, does the "board" consider appropriate for mediation? ------CORRECT ANSWER---------------License number not listed where required & any complaint that is based on non-completion of contract for not having a final inspection done What is the estimated gallons per day for a residence with 4 bedrooms and 3000 SQ ft of building area to determine the size sewage system? ------ CORRECT ANSWER---------------400 gallons per day What is the method of accounting where revenue and expenses are recorded when earned or incurred, rather than when the cash is actually received or paid? ------CORRECT ANSWER---------------Accrual method How can a limited partner lose immunity for partnership debts beyond the invested amount? ------CORRECT ANSWER---------------By managing or becoming involved in the day-to-day operations of the business What are the responsibilities of a "Financially Responsible Officer"? ------ CORRECT ANSWER---------------Assume personal responsibility for all financial aspects of the business organization A Contractor who receives, as initial payment, money totaling more than 10 percent of the contract price must apply for permits and begin work within how many days? ------CORRECT ANSWER---------------Apply for permits within 30 days & start the work within 90 days after permits are issued What is the result of failure to pay a civil penalty within the specified period? ------CORRECT ANSWER---------------The licensee shall surrender his/her licensure How many years must a license retain records on the completion of continuing education requirements? ------CORRECT ANSWER---------------3 years What must an applicant do if they fail to obtain a passing score on any portion of the exam more than 3 times? ------CORRECT ANSWER------------ A person who engages in contracting services or holding oneself out to be a contractor without first obtaining a license is guilty of a ______ for a first offense? ------CORRECT ANSWER---------------First-degree misdemeanor How long must a contractor maintain complete financial and business records? ------CORRECT ANSWER---------------Three years How many hours of continuing education is a contractor required to take for license renewal? ------CORRECT ANSWER---------------14 hours every two years What is the maximum administrative fine that may be imposed on any unlicensed person found guilty of unlicensed? ------CORRECT ANSWER--- ------------$10,000 According to the Florida Administrative code, what is the minimum clear height of a "story"? ------CORRECT ANSWER---------------7 feet or more What does the term "call verification method" refer to? ------CORRECT ANSWER---------------The monitoring facility personnel making two or more attempts to make contact prior to dispatch What is the fee for a site evaluation by the County Department of Health? -- ----CORRECT ANSWER---------------$115 A statement which shows the earnings earned over any particular period of time is called an ____? ------CORRECT ANSWER---------------Income statement What type of business structure should be formed for a single transaction with two or more entities seeking a profit? ------CORRECT ANSWER--------- ------Joint venture Where is a licensed contractor required to place the state issued license number? ------CORRECT ANSWER---------------On all building permits & any advertisements including vehicles How much could a contractor be fined for committing fraud or deceit in the field of contracting? ------CORRECT ANSWER---------------$2,500 - $10,000 What information may be included in the periodical published by the department? ------CORRECT ANSWER---------------A summary of final orders resulting in fines, suspensions, or revocations What is the purpose of the Florida Homeowners' Construction Recovery fund? ------CORRECT ANSWER---------------It is a fund for homeowners to recover payments, up to a limited amount Applicants for "General or building contractor" must have commercial experience in what specific areas? ------CORRECT ANSWER--------------- Foundations or Slabs in excess of twenty thousand (20,000) square feet, masonry walls, steel erection, elevated slabs, precast concrete structures, column erection, formwork for structural reinforced concrete If a person wishes to become a "Certified Electrical Contractor" what percentage of their expense must be in 3-phase service? ------CORRECT ANSWER---------------40% The recording of business and financial data in a prescribed manner is known as ___? ------CORRECT ANSWER---------------Bookkeeping Where are transactions recorded before they are recorded on the financial statements and why? ------CORRECT ANSWER---------------In a journal What business structure is the most expensive to organize? ------ CORRECT ANSWER---------------Corporation After how many days of no activity on a job site, without just cause, would a project be considered abandoned? ------CORRECT ANSWER---------------90 days Based on the definition of a "building Contractor" in Florida State Statute 489, what construction services is a "Building Contractor" limited to? ------ CORRECT ANSWER---------------Commercial buildings and single-dwelling or multiple-dwelling residential buildings, up to three stories in height What are the two types of formal dissolution of a corporation? ------ CORRECT ANSWER---------------Voluntary and Involuntary What type of permit does the U.S. Army Corps of Engineers Jacksonville District or the Florida Department of Environmental regulation provide when required? ------CORRECT ANSWER---------------Construction across navigable waters Which Florida Statute provides for the license & regulation of all contractors? ------CORRECT ANSWER---------------Chapter 489 What are the responsibilities of the professional boards? ------CORRECT ANSWER---------------Determine licensing eligibility, investigate complaints against licensees and take disciplinary action Where can a registered contractor perform work? ------CORRECT ANSWER---------------In the jurisdiction that issued the license or in areas that recognize the certification Where may a certified contractor work? ------CORRECT ANSWER------------ ---In any city, county or district in the state To become licensed as a certified construction contractor, an applicant must submit an application and pass an examination administered by? ------ CORRECT ANSWER---------------Department of business and professional regulation What is the minimum age for obtaining a contractor's license? ------ CORRECT ANSWER---------------18 What happens if an applicant for a certified Electrical or Alarm system contractor fails the test three times? ------CORRECT ANSWER--------------- They must complete additional courses in the areas of deficiency, submit new application and pay appropriate fees What is required for an employee of a licensed plumber working on a medical gas installation? ------CORRECT ANSWER---------------8-hours of both classroom and practical work medical gas course Division I applicants that cannot demonstrate a credit score, FICO of 660 or higher must provide a financial stability bond or irrevocable letter of credit in what amount? ------CORRECT ANSWER---------------$20,000 How can an applicant that is required to supply a financial stability bond or letter of credit reduce the amount? ------CORRECT ANSWER---------------By completing a 14-hour financial responsibility course approved by the board How does a sole proprietorship, partner or corporate officer in a business actively engaged in the construction industry become exempt from the provisions of the workers' compensation? ------CORRECT ANSWER--------- ------By filing a Construction Industry Notice of Election to be Exempt with the Division of Workers' Compensation of the Department of Labor and Employment Security What are the minimum amounts of public liability and property damage insurance a general or building contractor must have? ------CORRECT ANSWER---------------$300,000 liability/ $50,000 property damage _____ measure of how much money the company owes to others that must be paid within 1 year? ------CORRECT ANSWER---------------Current liabilities When are "operating expenses" incurred? ------CORRECT ANSWER--------- ------While providing the goods or services the company sells Expenses incurred in the administration of the business that do not particularly relate to providing particular goods or services are knows as ___? ------CORRECT ANSWER---------------Administrative expenses What type of expense is insurance considered? ------CORRECT ANSWER- --------------Prepaid expenses Allocating the cost of a piece of equipment over its useful life is __? ------ CORRECT ANSWER---------------Depreciation What is "MACRS" and what is it used for? ------CORRECT ANSWER--------- ------Modified Accelerated Cost Recovery System and it's a used asset depreciation cost recovery Starting capital is the amount of money needed to get the business underway and should be enough to cover expenses for ___ ------ CORRECT ANSWER---------------Three months to one year ___ working capital needs are those costs associated with doing business - -----CORRECT ANSWER---------------Day-to-day When would a company want to use the fourth type of capital called "debt restructuring"? ------CORRECT ANSWER---------------In the case of a financially distressed business A loan paid in one payment which covers the principal and interest at the maturity date of the loan is a ___ ------CORRECT ANSWER--------------- Single payment loan ___ require the lending institution to disclose the effective annual interest rate to a borrower ------CORRECT ANSWER---------------Truth in Lending Laws Payroll taxes, benefits for direct labor, construction supervision, temporary costs, miscellaneous job clean up costs are examples of ___ ------ CORRECT ANSWER---------------Indirect costs Who can initiate a "Change Order"? ------CORRECT ANSWER--------------- The owner or contractor To compute the percentage by dividing the total costs incurred to date by the total estimated contract costs is the _____ ------CORRECT ANSWER--- ------------Percentage of completion method Under the ___, no profit is recognized until the contract is fully or very nearly completed ------CORRECT ANSWER---------------Completed Contract Method Liquidity, Leverage, Activity, Profitability are four types of ___ ------ CORRECT ANSWER---------------Financial ratios _____ provide indication regarding how effectively the company is being managed ------CORRECT ANSWER---------------Profitability ratios The ___ makes it a Federal crime for anyone to require any laborer or mechanic (employed on a federal or Federally-assisted project to kickback any part of their wages ------CORRECT ANSWER---------------The copeland act What documents must your company submit weekly to maintain compliance on a project subject to the Davis Bacon Act? ------CORRECT ANSWER---------------Certified payroll reports Who are the only workers that can be paid less than the wage listed on the "Wage Decision" per the Davis Bacon Act? ------CORRECT ANSWER------- --------Apprentices and trainees Contractors that are found to have willfully falsified payroll reports, including correcting certified payroll reports, may be subject to civil or criminal prosecution and penalties of ______. ------CORRECT ANSWER--------------- $1,000 and/or one year in prison for each false statement What is the Medicare tax rate for 2020? ------CORRECT ANSWER------------ ---1.45% When hiring a new employee, what form must the applicant complete to confirm " Employment Eligibility"? ------CORRECT ANSWER---------------I-9 If a payee fails to furnish their correct taxpayer identification number, how much are you required to withhold from payment? ------CORRECT ANSWER---------------24% How much would a business be charged for any payment that is dishonored and returned from a financial institution for payment to the IRS? ------CORRECT ANSWER---------------$25 or 2% of the payment, whichever is more Per the IRS, when is an employer required to furnish to an employee of a 1099 or W-2 ------CORRECT ANSWER---------------By January 31st What must an employer obtain in order to report employment taxes or provide tax statements to employees? ------CORRECT ANSWER-------------- -An EIN group health plan? ------CORRECT ANSWER---------------Employee benefits liability coverage National contracting services recently held interviews for a project manager. A month after hiring the successful candidate, they receive a claim from an applicant for discrimination. What liability policy would provide coverage to defend and pay for the claim? ------CORRECT ANSWER---------------Employment practices liability policy What type of insurance product would a company add to their risk management plan to recover from financial losses due to the death of the contractor? ------CORRECT ANSWER---------------Key man life insurance ow often should an employer review the driving records of an employee? --- ---CORRECT ANSWER---------------Every six months or at least annually A __________ is a 3-party agreement whereby one party, the Surety, is bound with the person bonded, called the Principal, to a third party, called the Obligee. ------CORRECT ANSWER---------------Surety Bond In 1894, Congress passed the Heard Act in response to concerns about contractors working on public projects becoming insolvent. Which act replaced it in 1935? ------CORRECT ANSWER---------------Miller Act Surety bonds are required in order to protect the funds of the ___ in the event the contractor fails to perform the work ------CORRECT ANSWER----- ----------Taxpayer or private owner What are the two types of bid bonds? ------CORRECT ANSWER--------------- Forfeiture obligation and difference in bid guarantee The ___ is a guarantee that if the contractor is awarded the bid, he will enter into a contract at the price stipulated in the bid proposal and will provide the required performance and payment bonds ------CORRECT ANSWER---------------Bid bond ___ bonds provide that the contractor's work will be free from defects in materials and workmanship over a specified period of time set forth in the bond ------CORRECT ANSWER---------------Maintenance What are the three "C"s of underwriting? ------CORRECT ANSWER---------- -----Character, Capacity, Capital A legal document outlining who will assume the duty for completion of ongoing work and how they will be compensated in the event a principal becomes incapacitated is known as __ ------CORRECT ANSWER------------- --A continuity provision agreement What are the three methods used to prepare a financial statement? ------ CORRECT ANSWER---------------Audit, review or compilation Cash, Completed Contract, Pure Accrual, or Percentage of Completion are four methods of ______. ------CORRECT ANSWER---------------Income recognition How much does "The SBA Bond Guaranty Program" charge the contractor per thousand? ------CORRECT ANSWER---------------7.29 The rights of employees to engage in concerted activity and to bargain collectively with a bargaining representative of their own choosing in private industries was created by means of the ___ ------CORRECT ANSWER------ ---------Labor Management Relations Act What federal statue defined what must be considered as hours of work and the circumstances under which overtime pay must be paid? ------ CORRECT ANSWER---------------The Fair Labor Standards Act (FLSA- Wage and Hour Law) What act provides that contractors working on federal projects must pay their laborers and mechanics, wages and benefits found to be prevailing in that geographic locality? ------CORRECT ANSWER---------------Davis-Bacon Act Under which Florida Law are Union Shop, Agency Shop and Maintenance of Membership agreements prohibited? ------CORRECT ANSWER------------ ---Florida Right to Work Laws Who specifically does the Equal Pay Act protect? ------CORRECT ANSWER---------------Female employees What are the "criminal" penalties/sanctions for willfully violating the occupational safety and health act? ------CORRECT ANSWER--------------- Fined and/or imprisoned for up to one year What does the "Florida Clean Indoor Act" prohibit? ------CORRECT ANSWER---------------Smoking in public places except in designated smoking areas Refusing to hire a potential candidate for refusing to submit to a lie detector test, violates which labor act? ------CORRECT ANSWER--------------- Employee Polygraph Protection Act of 1988 What is the maximum amount of "Unemployment Compensation" That an eligible individual can collect during a benefit year? ------CORRECT ANSWER---------------$6,325 When an employee is injured while working, they must notify the employer within __ ------CORRECT ANSWER---------------30 days What damages may be assessed to an employer found to be in violation of "minimum wage"? ------CORRECT ANSWER---------------Unpaid minimum wages, unpaid overtime compensation, and an additional equal amount as liquidated damages There are ___ designations of fire protection contractor licensure classifications defined in s 633.021 (5). ------CORRECT ANSWER------------ ---Five What is the minimum salary for professional employees within the contiguous U.S. ? ------CORRECT ANSWER---------------$455 How would an employee be classified per the FLSA when they are highly compensated, and their primary duty is performing plumbing work? ------ CORRECT ANSWER---------------Not exempt If an employer makes an error on the deductions of an exempt employee, how can this be corrected to avoid the loss of the "exempted" status? ------ CORRECT ANSWER---------------By reimbursing the employee for the improper deduction What does the term "customarily and regularly" mean when defining a salary or hourly employee? ------CORRECT ANSWER--------------- Frequency must be greater that occasional Under the FLSA and the youth employment regulations issued at 29 CFR, Part 570, when is a youth no longer subject to Federal youth employment provisions? ------CORRECT ANSWER---------------18 years of age What should an employer do to prevent an unintentional violation of the child labor provisions? ------CORRECT ANSWER---------------Keep an employment or age certificate on file Who enforces the provisions of child labor? ------CORRECT ANSWER------- --------The wage and hour division, which is part of the department of labor What are criminal sanctions that can be imposed under the FLSA for a repeated "willful violation" of the child labor provisions? ------CORRECT ANSWER---------------A fine of no more than $10,000 or imprisonment for no more than 6 months, or both How many days per week may a minor work? ------CORRECT ANSWER---- -----------Not more than six consecutive days in a week What code is used to determine what type of fire alarm system is required based on occupancy? ------CORRECT ANSWER---------------NFPA 101 Life Safety Code If a registered electrical contractor wants to install a fire alarm, what prefix letter designation must they have on their license? ------CORRECT ANSWER---------------Prefix letter designation EC, EF, EY and EH Who is tasked with the inspection of exposed underground piping and any attached appurtenances supplying a fire protection system? ------ CORRECT ANSWER---------------A contractor I or Contractor II The ___ shall have the same authority as the sheriff, or her or his deputies, to serve summonses, make arrests, carry firearms, and make searches & For the purpose of Workers Compensation coverage, Sole Proprietors, Partners and Corporate Officers are considered employees. Construction limited liability company members are considered ___ ------CORRECT ANSWER---------------Corporate Officers Who is required to provide workers compensation for the employees of a subcontractor? ------CORRECT ANSWER---------------The general contractor What options are available, if the Contractor becomes liable to pay Workers' Compensation benefits for a subcontractor's employee? ------ CORRECT ANSWER---------------To recover from the subcontractor all benefits the contractor is required to pay plus interest A subcontractor who knowingly presents false information as to the existence of coverage when in fact there is none, commits a ___ ------ CORRECT ANSWER---------------A third-degree felony What allows for a group of employers pledging their individual assets to collectively guard against exposure for paying workers compensation benefits? ------CORRECT ANSWER---------------A self insurance Pool If it can be established that the winner of a competitive bid knowingly violated the requirements to maintain proper workers' compensation coverage, what can the losing contractor do? ------CORRECT ANSWER---- -----------Sue the person awarded the contract What can happen if the Florida Division of Workers' Compensation discover you have no coverage, even if a worker was not injured? ------CORRECT ANSWER---------------Your business can be closed down What is one major consideration that could impact workers compensation? ------CORRECT ANSWER---------------Knowing your employees and their limitations If a prospective employee lies on a pre-employment application about a prior medical problem and is subsequently injured, how would benefits be paid for workers compensation? ------CORRECT ANSWER--------------- Benefits can be denied If an employee dies on the job, what is the maximum amount paid to beneficiaries? ------CORRECT ANSWER---------------Up to $150,000 in death benefits plus $7,500 in funeral costs What is the maximum weekly benefit that an employee who is injured on the job may be paid while unable to work? ------CORRECT ANSWER-------- -------Two/thirds of his average or maximum of $863 What is the maximum possible reduction in workers compensation benefits if an employee fails to comply with safety rules and regulations? ------ CORRECT ANSWER---------------25% After the report of an accident from an employee, how long does the contractor have to report it to the worker's comp carrier? ------CORRECT ANSWER---------------Within seven days If a job site accident is not reported to the carrier within 7 days of notification, how much can the employer be fined? ------CORRECT ANSWER---------------Up to $2,000 fine per occurrence How long must an employer retain a copy of all information, including all forms contained in the report accident? ------CORRECT ANSWER------------ ---two years and six months What is the maximum penalty for violating any of the rule for reporting accidents? ------CORRECT ANSWER---------------Up to $500 An injured employee is released by the doctor with limitations and is still unable to perform the job held at the time of injury. What happens to the employee until they can perform those duties? ------CORRECT ANSWER--- ------------The employee may be able to perform another job What allows the treating physician to review the exact job being offered and give an opinion as to an injured employee's ability to perform it? ------ CORRECT ANSWER---------------Job descriptions What are two factors that impact the cost of workers compensation premiums? ------CORRECT ANSWER---------------The size of payroll and the type of business (classification) In order to apply for or renew an exemption from workers' compensation law, the exemption applicant must complete and submit a ___ online to the Florida Division of workers' Compensation ------CORRECT ANSWER-------- -------Notice of Election to be Exempt Application Workers' compensation fraud is a serious offense and can result in being charged with a ___ Felony, depending on the amount of money stolen ------ CORRECT ANSWER---------------First-degree felony Employers are required to notify the Division within ___ of any injury resulting in death ------CORRECT ANSWER---------------4 hours The maximum weekly compensation rate for related injuries and illnesses occurring on or after January 1, 2020, shall be ___ ------CORRECT ANSWER---------------$971 The Legislative intent of _______ is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and facilitate the worker's return to gainful reemployment at a reasonable cost to the employer. ------CORRECT ANSWER---------------F.S. Chapter 440 Per Chapter 440, Definitions, __- refers to an employee that is employed for 10 or less days for a total cost of less than $500 ------CORRECT ANSWER---------------Casual The date after which further recovery from an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability is defined as __ ------CORRECT ANSWER---------------Date of maximum medical improvement Per Chapter 440, Definitions, ___ means any person who receives remuneration and includes any person who is an officer of corporation who performs services for remuneration ------CORRECT ANSWER--------------- Employee If an employer implements a drug-free workplace program and an employee refuses to submit to a drug test after an injury, what happens? --- ---CORRECT ANSWER---------------The employee forfeits eligibility for medical and indemnity benefits An employer implementing a drug-testing program shall ensure how many days lapse between notice of drug free work-place program and implementation? ------CORRECT ANSWER---------------60 days If an employee in the course of employment enters an employee assistance program for drug-related problems, or a drug rehabilitation program, the employer must require the employee to submit to a drug test as a follow up with what exception? ------CORRECT ANSWER--------------- The employee voluntarily entered the program How long must the specimen of a positive drug test result be retained? ----- -CORRECT ANSWER---------------210 days As a condition to applying for and receiving a building permit, what must an employer show as proof that it has secured coverage for its employees? --- ---CORRECT ANSWER---------------A certificate coverage How much can an employer be fined for misclassifying an employee as an independent contractor, resulting in failure to provide adequate worker compensation coverage? ------CORRECT ANSWER---------------$5,000 per employee How does an injured employee request a change of physician? ------ CORRECT ANSWER---------------Through a written request In any dispute, the carrier or employee may select an "independent medical examiner." Who bears the cost for the examination? ------CORRECT ANSWER---------------The party requesting and selecting the independent medical examination In the event of Permanent Total Disability, what compensation will the employee receive? ------CORRECT ANSWER---------------66% of the average weekly wages If an employee receives an impairment rating of 32%, how many weeks of benefits do they receive? ------CORRECT ANSWER---------------6 weeks If an employee dies within 2 years as the result of an accident, what is the maximum an employer pays for actual funeral expenses? ------CORRECT ANSWER---------------$7,500 A ___ provides that whatever obligations the contractor has undertaken for the scope of work of the subcontractor, the subcontractor is bound to the contractor in the same fashion as the contractor is bound to the owner with respect to that scope of work ------CORRECT ANSWER---------------Flow Down Clause What does "incorporation by reference" mean? ------CORRECT ANSWER-- -------------A document is incorporated by reference as if it were written within the signed document What is the clause in the contract that says the contractor agrees to indemnify, defend, and hold harmless the owner for any personal that may result from the work of the contractor? ------CORRECT ANSWER-------------- -Indemnity clause Most contracts provide that the party performing the work must provide workers compensation and general liability insurance in stated limits. Under which clause would the details be found? ------CORRECT ANSWER---------- -----Insurance clause Which Florida statue provides the right of any person who is considered being sued by an owner to receive a written notice of defects and have an opportunity to inspect and cure the alleged defect? ------CORRECT ANSWER---------------Notice of defect and opportunity to cure (Chapter 558) Why would a business include an alternative dispute resolution process in their contracts? ------CORRECT ANSWER---------------Litigation in court is expensive and time-consuming In the event of a contract dispute, who is the person often named as being the initial dispute resolver? ------CORRECT ANSWER---------------The architect What are two benefits of using a "private trial resolution judge" for a contract dispute? ------CORRECT ANSWER---------------The judge is knowledgeable about construction law and may be able to provide a hearing sooner than would be available in court What is the "statutes of limitation" for a written agreement in Florida? ------ CORRECT ANSWER---------------Five years How long can the "Statue of Response" extend the "Statue of Limitations" in the event of a latent defect? ------CORRECT ANSWER---------------Not longer than 10 years from completion If the contract is breached for nonpayment of a material amount, by wrongful termination, or some other material breach, what is the contractor ( or subcontractor) permitted to do? ------CORRECT ANSWER--------------- Terminate the contract and recovered damages In a breach by the party performing the work, what are the damages that the paying party is entitled to recover? ------CORRECT ANSWER------------- --Costs in excess of the contract price that were, or can be proven will be, incurred to achieve full performance The lien on real property and the improvements for unpaid charges in making improvements to real property is defined as a ___ in Florida ------ CORRECT ANSWER---------------Construction lien What are the two elements of a construction lien? ------CORRECT ANSWER---------------A debt incurred to improve property, and compliance with the procedure described in the statue When would a contract become void and prevent a contractor from filing a lien? ------CORRECT ANSWER---------------If the work under the contract requires a license and the contractor does not have one What are three important pieces of information that "notice of commencement" provide? ------CORRECT ANSWER---------------The name being improved , and if there is a payment bond What is the only exception that may affect lien rights on a property owned by married persons when only one person signs the contract? ------ CORRECT ANSWER---------------The non-signing spouse gives to the contractor and records in the clerk's office notice of his or her objection within ten days of learning of the contract If a contract price is under $2500, who is the only person that has lien rights? ------CORRECT ANSWER---------------The contractor A source of project information for those who need to know information such as property description, property owner, and whether the job has a How long does a claim of lien last? ------CORRECT ANSWER--------------- One year from date of recording What is the purpose of an Owner filing a "Notice of Contest of Lien"? ------ CORRECT ANSWER---------------To shorten the effective period of the claim lien What is the penalty for knowingly furnishing a false statement regarding the status of payment to subcontractors or suppliers? ------CORRECT ANSWER---------------3rd degree felony What is the penalty for filing a fraudulent lien? ------CORRECT ANSWER--- ------------3rd degree felony Once a lien has been resolved by payment or settlement, what document does the lienor need to record to clear the lien? ------CORRECT ANSWER- --------------A satisfaction of lien Who are the three parties to a payment bond? ------CORRECT ANSWER--- ------------The Obligee, the Principal, and the Surety What is the quickest way to clear a title from a lien, other than to satisfy it? - -----CORRECT ANSWER---------------To transfer the lien to a bond or cash deposit What projects are exempt from the requirements to post a payment and performance bond per Florida Statues? ------CORRECT ANSWER------------ ---Projects for any state , county, municipal, or other public authority where the contract amount is less than $100,000 What is the federal law that requires contractor to post a payment and performance bond? ------CORRECT ANSWER---------------The Miller Act Claimants who are not in privity of contract must serve a "notice of intention to look to the bond for protection" to the contractor within how many days of first furnishing of labor and/or materials? ------CORRECT ANSWER----------- ----45 days Which party produces an "Exemptory Payment Bond" and when must it be provided? ------CORRECT ANSWER---------------The contractor, prior to construction For a conditional payment bond to be effective, what type of clause must be included in the subcontractor's contract? ------CORRECT ANSWER------ ---------A valid contingent payment clause After beginning a project, how long does a contractor have to record a claim of lien? ------CORRECT ANSWER---------------At any time but no later than 90 days after the final furnishing of labor or materials How does a contractor record a claim of lien on improvements for separate lots and parcels under the same contract? ------CORRECT ANSWER-------- -------A lienor is required to record only one claim of lien Where is the notice of commencement filed or posted? ------CORRECT ANSWER---------------In the clerk's office Who signs the Notice of Commencement? ------CORRECT ANSWER-------- -------The owner When must the applicant for a "building permit" file a certified copy of the recorded notice of commencement? ------CORRECT ANSWER--------------- Prior to the first inspection What is the duration of a lien? ------CORRECT ANSWER---------------1 year What is a contractor provided when a construction project is solicited for bidding? ------CORRECT ANSWER---------------Plans and specifications for the project When bidding a project, how should discrepancies between the plans and specifications be resolved? ------CORRECT ANSWER---------------In a request for Information (RFI) What facility subgroup is concrete classified in the specifications (CSI) in a bid package? ------CORRECT ANSWER---------------Division 03 How does a court of law interpret ambiguous terms in a contract? ------ CORRECT ANSWER---------------Against the party who drafted the document What are three sources for standard industry construction forms? ------ CORRECT ANSWER---------------AIA, AGC, & NSPE What is the purpose of a cost breakdown? ------CORRECT ANSWER-------- -------It serves as the basis for progress billings Who is typically responsible for job progress? ------CORRECT ANSWER---- -----------A project engineer or field superintendent Planning and schedule are two distinct separate operations and planning must always precede scheduling, both of these are ___. ------CORRECT ANSWER---------------Basic ground rules in analyzing a project What are the first tasks prepared by the Project Manager after the award of a contract? ------CORRECT ANSWER---------------The creation of a project, material and equipment schedule Defining the project activities, restraints and developing the job logic table decreases the time needed to develop what? ------CORRECT ANSWER---- -----------A Critical Path Schedule On a standard subcontract agreement, when does article B apply? ------ CORRECT ANSWER---------------When a subcontractor is in default Who should be able to understand construction processes, have communication skills, and be able to interpret contract documents? ------ CORRECT ANSWER---------------Field supervisors A lien on real property, in favor of persons supplying labor or materials for a building or structure for the value of labor or materials supplied by them is know as a ___ ------CORRECT ANSWER---------------Mechanic's lien What is the metric equivalent to a 1/2" ------CORRECT ANSWER-------------- -10 mm Government regulations do not clearly assign environmental compliance responsibilities to the Owner or the Contractor, however both can be held liable for ____ ------CORRECT ANSWER---------------Failure to comply What is the maximum allowed, per day penalty for Environmental Non- Compliance? ------CORRECT ANSWER---------------$10,000 per day per violation What must be done prior to putting fuel in an above ground petroleum storage tank with a capacity of 600 gallons? ------CORRECT ANSWER------ ---------You must register the tank with FDEP within 30 days of putting product into the tank F.A.C. 62-604.550 requires notifications to the FDEP for "all" accidental discharges of a broken or severed sewer line within how many hours of an event? ------CORRECT ANSWER---------------24 hours If a contractor is planning to burn the debris from clearing the land, the burner must obtain a authorization from where? ------CORRECT ANSWER- --------------The Florida division of Forestry All of the following are true regarding a general partnership except: ------ CORRECT ANSWER---------------there is a potential of double taxation on earnings A joint venture is: ------CORRECT ANSWER---------------two or more persons or entities jointly seeking a profit in some specific venture without an actual partnership or corporation designation Which of the following is true regarding a joint venture? ------CORRECT ANSWER---------------a joint venture is generally limited to a single transaction One of the advantages of a standard corporation is: ------CORRECT ANSWER---------------fringe benefits are tax deductible Which of the following statements is true concerning an S Corporation? ----- -CORRECT ANSWER---------------Only individuals or estates can be shareholders. Which of the following construction projects requires a licensed contractor? ------CORRECT ANSWER---------------bank Which of the following must be subcontracted by a state certified general contractor, unless a general contractor holds a state certificate of competency or license in that area? ------CORRECT ANSWER--------------- air conditioning ductwork According to Chapter 489 of the licensing law, what work can a licensed general contractor do on new buildings? ------CORRECT ANSWER----------- ----fiberglass shingle roofing Which of the following is true regarding a general contractor who is constructing the main sanitary sewer collection system, the storm collection system, or the water distribution system on new site development work, but not including continuation of utility lines? ------ CORRECT ANSWER---------------the general contractor may do the work himself Which of the following is NOT an IRS category used to define independent contractors? ------CORRECT ANSWER---------------first degree misdemeanor Engaging in contracting services or holding oneself out to be a contractor without first obtaining a license is a violation of Florida law and is considered a ____ for a first offense. ------CORRECT ANSWER--------------- first degree misdemeanor The maximum amount of compensation that a consumer is entitled to if injured on a job site due to an unlicensed contractor's negligence is: ------ CORRECT ANSWER---------------triple the amount of damages, plus attorney's fees Which of the following must be true for a person to qualify for a state certification of competency? ------CORRECT ANSWER---------------be of good moral character, be at least 18 years of age and pass an examination Which of the following licenses and/or certifications is necessary to engage in the business of installation, improvement, repair or maintenance of any tubing, pipe or similar conduit used to transport gas for medical purposes? ------CORRECT ANSWER---------------a plumbing contractor with medical gas certification All certified contractors must carry and maintain what type of insurance in order to work in the state of Florida? ------CORRECT ANSWER--------------- public liability and property damage in the amounts as set by the board As a prerequisite to initial licensure or the renewal of a license as certified or registered contractor, general and building contractors must carry a minimum insurance amount of: ------CORRECT ANSWER--------------- $300,000 liability/$50,000 property damage Every certified and registered contractor must complete a minimum of ___ hours of continuing education during every two-year license cycle. ------ CORRECT ANSWER---------------14 When the sole qualifying agent leaves the employ of a business organization, the organization must replace the qualifying agent within: ----- -CORRECT ANSWER---------------60 days A qualifying agent for a business organization: ------CORRECT ANSWER--- ------------is legally qualified to act for the business in all matters connected with contracting A maximum of------ of the required continuing education hours can be fulfilled by the performance of pro bona services to the indigent or to underserved populations within the state where the licensee practices. ------ CORRECT ANSWER---------------25% According to Florida Statutes Chapter 455, the Board shall keep an accurate record of each applicant's examination questions, answers, papers, grades, and grading key for a period of not less than ____ immediately following the examination. ------CORRECT ANSWER------------- --2 years Each continuing education provider shall retain all records relating to a licensee's completion of continuing education courses for at least ____ after completion of a course. ------CORRECT ANSWER---------------4 years Foreign-trained professionals shall be eligible for professional examinations in Florida provided hey immigrated to the United States because of political reasons and their home country is located in: ------CORRECT ANSWER---------------the Western Hemisphere What is the percentage of interest the Board can charge for failure to pay a fine within the specified time? ------CORRECT ANSWER---------------18% A licensed contractor qualifying his own company and requesting to qualify another business organization must: ------CORRECT ANSWER--------------- be approved by the Board What is the minimum allowable liability insurance policy for plumbing contractors? ------CORRECT ANSWER---------------$100,000 What is the minimum liability insurance coverage required for a Division 2 contractor? ------CORRECT ANSWER---------------$100,000 Which of the following work items can be performed by a Certified Specialty Structure Contractor? ------CORRECT ANSWER---------------screen enclosures Due process protection shall be provided for disciplinary action taken against locally licensed contractors. A clear statement informing the contractor of the right to appeal the action against the local license, and of the right of the contactor to challenge the recommendation to the: ------CORRECT ANSWER---------------Construction Industry Licensing Board According to Contractors Manual, which formula is correct? ------CORRECT ANSWER---------------Assets- Liabilities = Owner's Equity According to Florida Contractors Manual, accounts receivable are classified as: ------CORRECT ANSWER---------------assets Which of the following statements shows the earnings earned over any particular period of time? ------CORRECT ANSWER---------------Income Statement According to Contractors Manual, the ___ is a company's primary record of all its business transactions. ------CORRECT ANSWER---------------journal According to Contractors Manual, which one of the following is NOT a category of the income statement? ------CORRECT ANSWER--------------- accounts receivable According to Contractors Manual, real estate may be depreciated using: ---- --CORRECT ANSWER---------------a straight line method According to Contractors Manual, ___ are billings that have been sent out by a construction company, but which have not been paid. ------CORRECT ANSWER---------------accounts receivable According to Contractors Manual, what is the method of accounting that keeps track of each individual invoice, together with each partial payment made against it, provides sufficient detail to allow calculations of interest charges on overdue receivables and take advantage of discounts offered by suppliers for early payment of their invoices ? ------CORRECT ANSWER---------------open invoice method The difference between salaried workers and hourly wage workers is: ------ CORRECT ANSWER---------------salaried workers receive the same base amount every pay period Federal unemployment taxes (FUTA) and Florida state unemployment taxes (SUTA): ------CORRECT ANSWER---------------are paid by the employer only To remit FUTA payments to the IRS, it is required that you send: ------ CORRECT ANSWER---------------a separate check When a supplier sends goods "FOB" from the supply house, the ownership passes from the supplier to the company: ------CORRECT ANSWER--------- ------at the point of delivery What is the simplest method of controlling inventory? ------CORRECT ANSWER---------------average cost A material supplier sells $5,000 worth of materials to a construction company that is not tax exempt. According to the Contractors Manual, who is responsible for the collection and reporting of the state sales tax when the material is purchased? ------CORRECT ANSWER---------------the supplier According to Contractors Manual, which one of the following should not be considered overhead? ------CORRECT ANSWER---------------performance bond premiums According to Contractors Manual, which cost is usually not considered to be overhead? ------CORRECT ANSWER---------------construction supervision According to the Contractors Manual, the two most commonly used liquidity ratios are the: ------CORRECT ANSWER---------------current ratio and the quick ratio According to the Contractors Manual, the ratio that is determined by adding cash, accounts receivable and marketable securities together and dividing by current liabilities is referred to as the: ------CORRECT ANSWER----------- ----quick ratio According to Contractors Manual, which is an advantage of leasing equipment? ------CORRECT ANSWER---------------leasing will generally reduce the front-end cash outlays When determining dollar amounts for payroll deductions which IRS publication or form would be most helpful? ------CORRECT ANSWER-------- -------Circular E According to Contractors Manual, on which of the following items must a contractor pay Florida sales tax, if it is excluded on the invoice amount? ---- --CORRECT ANSWER---------------invoice from a drywall material supplier Which of the following is not one of the basic methods of revenue recognition? ------CORRECT ANSWER---------------Credit Method According to Contractors Manual, when a contractor fails to complete a project within a specified time, a contract penalty clause often calls for: ----- -CORRECT ANSWER---------------liquidated damages What determines the amount of liquidated damages? ------CORRECT ANSWER---------------owner costs Contractors found to be in willful violation of the Davis-Bacon Act face being debarred from participating in Davis-Bacon Act contracts for up to ____ months. ------CORRECT ANSWER---------------36 When hiring a new employee you must: ------CORRECT ANSWER------------ ---all of the above A construction company used a number of independent contractors that were not employees of the company to perform various jobs. Each of these jobs involved payments in excess of $600 to the independent contractors performing the work. What is the construction company's responsibility for reporting the earnings paid to these independent contractors? ------ CORRECT ANSWER---------------the company must file Form 1099-MISC to report total payments of $600 or more to these contractors According to the Internal Revenue Service, employers must keep all records of employment taxes for at least ___ years. ------CORRECT ANSWER---------------4 According to Circular E, Employer's Tax Guide, Copy A of all Forms W-2 shall be sent to the Social Security Administration by the last day of____ the following year. ------CORRECT ANSWER---------------February A contractor is filing Form 941 for taxes which were withheld from employees for the first quarter of the year (January, February, and March). All the taxes were deposited when due. According to Circular E, Employer's Tax Guide, the latest date that the contractor can file this return is: ------ CORRECT ANSWER---------------May 10 Which of the following wages would not be subject to Federal Unemployment tax paid by the employer? ------CORRECT ANSWER--------- ------wages paid to a child under the age of 21 employed by parent Until when does Form W-4, Employee's Withholding allowance Certificate, remain in effect? ------CORRECT ANSWER---------------until the employee gives the employer a new Form W-4 What is the total Medicare tax rate withheld for both employer and employee? ------CORRECT ANSWER---------------2.90% How many business days does a semi-weekly depositor have to deposit withholding taxes? ------CORRECT ANSWER---------------3 Surety bonds are generally required of contractors performing public works in order to protect the funds of the ____ or private owner. ------CORRECT ANSWER---------------taxpayer Upon the award of a contract, a bid bond guarantees that the bidder will: --- ---CORRECT ANSWER---------------enter into the contract at the bid price Which type of bond requires that if a contractor is the low bidder on a project, and does not enter into a contract with the owner, according to the bid documents, then the contractor will forfeit the bid amount stated on the bid bond? ------CORRECT ANSWER--------------- forfeiture obligation The type of bond guaranteeing the owner that the project will be completed according to the contract documents is the: ------CORRECT ANSWER------- --------Performance bond What is a surety company's maximum obligation on a $100,000 combined Performance and Payment Bond? ------CORRECT ANSWER--------------- $100,000 Typically, a surety company will request year-end financial statements for review of the last__________ years to secure a bond. ------CORRECT ANSWER---------------3 What are the three C's of underwriting that the surety industry considers before a contractor can acquire a bond? ------CORRECT ANSWER----------- ----capital, character and capacity Which method of preparation for financial statements is most extensive? --- ---CORRECT ANSWER---------------audit When securing a bond through the Small Business Administration Guaranty Program, the contractor will be charged an additional ____ per thousand over the standard bond rates. ------CORRECT ANSWER------------ ---$7.29 According to the Age Discrimination in Employment Act, employees 40 years or older cannot be treated differently unless _________ ------ CORRECT ANSWER---------------the employer can legally justify its action The Americans with Disabilities Act of 1990 (ADA): ------CORRECT ANSWER---------------protects employees with disabilities against discrimination According to Contractors Manual, an unfair labor practice charge must be received by the regional office with jurisdiction over the area where this alleged unfair labor practice occurred. What is the time limit to file this charge? ------CORRECT ANSWER---------------6 months A non-union contractor is considering the possibilities of a collective union bargaining agreement with the union. What amount of support will the contractor need from the employees, if the contractor decides to sign a collective bargaining agreement with the union? ------CORRECT ANSWER- --------------the contractor is not required to have the support of the employees According to Contractors Manual, all of the following are prohibition agreements under Florida's Right to Work Law except: ------CORRECT ANSWER---------------federal enclaves agreements Basically, coverage of the FLSA extends to all employees in businesses with annual gross sales of not less than: ------CORRECT ANSWER----------- ----$500,000 According to Fair Labor Standards Act, which of the following will eliminate the contractor's liability for paying overtime pay? ------CORRECT ANSWER---------------a salesman who is customarily and regularly engaged away from the employer's place of business and qualifies as exempt A non-exempt hourly employee is paid on a bi-weekly basis. If he works 35 hours the first week of the pay period and 54 hours the second week of the pay period what options does the employer have regarding his compensation? ------CORRECT ANSWER---------------include 14 hours of overtime pay in the employees' paycheck According to Fair Labor Standards Act, which will eliminate the contractor's liability for paying overtime pay? ------CORRECT ANSWER---------------an outside salesperson who works on straight commission and qualifies as exempt For ADA purposes, the term disability includes individuals who are ____ impaired in any respect. ------CORRECT ANSWER---------------in no way What Act protects covered employees from retaliation for disclosing their employer's violations of law that may pose a danger to public health, safety or welfare or for alleging improper use of government office or gross waste of funds? ------CORRECT ANSWER---------------Public Whistles Blowers Act According to the Veteran's Re-employment Laws, a military leave of absence must be granted to any permanent full time or permanent part- time employee who enlists or is drafted into active duty in the armed forces. An employee, who has been rehired and is covered under the law, is prohibited from being discharged without cause for a period of ___ , if the employee's military service period was less than 180 days and more than 30 days. ------CORRECT ANSWER---------------6 months The Employment and Training of Veterans Act applies to government contractors and subcontractors with contracts worth at least: ------ CORRECT ANSWER---------------$100,000 The Drug-Free Workplace Act of 1988: ------CORRECT ANSWER------------- --does not require drug testing The Employee Polygraph Protection Act prohibits employers from requiring employees or job applicants from taking a lie detector test unless the testing of an employee is: ------CORRECT ANSWER---------------in connection with an ongoing investigation involving economic loss to the employer's business In reference to unemployment compensation benefits, misconduct connected with work includes all of the following except: ------CORRECT ANSWER---------------negligence and poor judgment in isolated instances According to Florida Unemployment Compensation Laws, failure to file reports when due will result in the imposition of a penalty of ___ per report for each 30 day period ( or fraction thereof) that the report is late. ------ CORRECT ANSWER---------------$25 Under Florida Law, what is the penalty for a first violation of an employer utilizing aliens not duly authorized to work by immigration laws? ------ CORRECT ANSWER---------------civil fine of $500 regardless of number of aliens A ____ is necessary for an employer's agent or representative to receive confidential information and to act on behalf of the employer about matters relating to the Florida Reemployment Assistance Program. ------CORRECT ANSWER---------------Power of Attorney According to the Florida Unemployment Compensation Employer Handbook, wages paid for services performed by a stepchild could be exempt from unemployment taxes provided the: ------CORRECT ANSWER- --------------business entity is a non-corporation According to Florida Unemployment Compensation Employer Handbook, Cafeteria Payment plans are exempt if they are: ------CORRECT ANSWER- --------------not reportable to the Internal Revenue Service According to the Florida Unemployment Compensation Employer Handbook, one of the most important ways to save money is to receive credit for timely reporting of taxable wages that are used in the computation of an employer's tax wage. The timely reported wage credits are divided into the benefits charged to an employer's account over a prior ____ year period. ------CORRECT ANSWER---------------three According to the Florida Unemployment Compensation Employer Handbook, unpaid taxes, interest or penalties may result in: ------ CORRECT ANSWER---------------a lien placed against the employer's real estate or property According to the Florida Unemployment Compensation Employer Handbook, an employer's account is ____ when the employer ceases to have payroll and notifies the Department of Revenue of the date this occurred. ------CORRECT ANSWER---------------made inactive According to the Florida Unemployment Compensation Employer Handbook, an employer must maintain true and accurate work records for a period of ____ calendar years. ------CORRECT ANSWER---------------five According to Florida Unemployment Compensation Employer Handbook, the method of determining varying tax rates assigned to tax paying employers Is referred to as ___ rating. ------CORRECT ANSWER------------- --experience According to Florida Unemployment Compensation Employer Handbook, an employer who has outstanding indebtedness billed prior to the four quarters immediately preceding the effective date As required by law, a contractor required to carry Workers' Compensation insurance may fulfill the requirements by: ------CORRECT ANSWER---------- -----seeking individual self-insured status through the Department of Labor and Employment Security Individuals participating in self-insured workers' compensation plans should be aware that they are subject to possible ____ if ____ develop in the Guaranty Fund. ------CORRECT ANSWER---------------assessments; deficits Which of the following can be assessed to a contractor who does not carry required workers compensation coverage? ------CORRECT ANSWER------- --------all of the above Beneficiaries of a worker killed in a covered workplace accident are entitled under Florida law to: ------CORRECT ANSWER---------------up to $150,000 in death benefits and up to $7,500 in funeral costs Under the Florida Workers' Compensation Act, after an accident has occurred, an injured employee has how long to advise the employer of the injury? ------CORRECT ANSWER---------------30 days According to the Florida Workers' Compensation Law, first aid cases requiring treatment on site that do not require medical treatment for which charges will be incurred, and do not disable the employee for more than ___ , do not need to be reported. ------CORRECT ANSWER---------------7 days Any violation of rules regarding reporting accidents to the Division of Workers' Compensation can subject the employer to a penalty of: ------ CORRECT ANSWER---------------$500 Insurance premiums on Workers' Compensation are based on employer's classification code, and per ___ of payroll. ------CORRECT ANSWER-------- -------$100.00 Which is a requirement for an employee to recover under a compulsory State Workers' Compensation Statute? ------CORRECT ANSWER------------ ---the injury must arise out of and in the course of employment An employer who willfully misrepresents an employee as an independent contractor for the purpose of avoiding Workers' Compensation premiums: -- ----CORRECT ANSWER---------------may be assessed a penalty of up to $5,000.00 What is the minimum number of days that must elapse before drug actual testing may begin after a one-time notice is given by an employer that a drug testing program is being implemented? ------CORRECT ANSWER------ ---------60 days The Division of Workers' Compensation shall impose a ____ per day fine for each day the employer conducts business operations that are in violation of a stop-work order. ------CORRECT ANSWER---------------$1000 Accident prevention programs must be initiated by whom, according to Contractors Manual? ------CORRECT ANSWER---------------employer Employers with at least ____ must maintain an OSHA 300 safety log. ------ CORRECT ANSWER---------------11 employees Where there are multiple contractors on a job without a common area, who should supply the OSHA posters? ------CORRECT ANSWER---------------all contractors Which of the following injuries is NOT required to be recorded on OSHA Form 300/300A? ------CORRECT ANSWER---------------a slight cut Recordable incidents must be entered in OSHA Form 300/300A within days of learning of its occurrence. ------CORRECT ANSWER---------------7 OSHA records must be maintained by which type of employer? ------ CORRECT ANSWER---------------self-employed persons with one or more employees ____ covers employees engaged in industries affecting interstate commerce. ------CORRECT ANSWER---------------OSHA OSHA No. 301, Supplementary Record of Occupational Injuries and Illnesses, is used to record: ------CORRECT ANSWER---------------5 years