Week 3 Employment Law

Question 1

Under the FMLA, the definition of key employee…

Answer 1

Individuals at the top 10% of the highest-paid employees who are employed by the employer within a 75-mile radius of the employee’s work site; restoration of such individuals to previously held or equivalent positions could result in substantial economic injury to employer’s business operations.

Question 2

The FLMA applies to employers who….

Answer 2

Employ 50 or more employees for each working day during each of 20 or more calendar weeks in the current or previous year; all employees are counted including part-time and temporary employees as long as they were on the payroll at the beginning and end of each relevant work week

Question 3

The FMLA provides how much unpaid leave to eligible employees?

Answer 3

12 workweeks during any 12-month period

Question 4

The ADEA applies to employers who….

Answer 4

Employ 20 or more employees

Question 5

The ADEA prohibits discrimination against persons over _____ years of age, based on their age

Answer 5

40 years of age

Question 6

Under the ADA, an undue hardship to the employer means….

Answer 6

Significant difficulty, significant disruption of business, or significant expense

Question 7

Under the ADA, disability means…

Answer 7

A physical or mental impairment that substantially limits one or more of the major life functions of an individual

Question 8

The ADA law applies to employers who…

Answer 8

Employ 15 or more employees- workers who are on the payroll at least 20 weeks during the year.

Question 9

Under the ADA, a “qualified person with a disability” means

Answer 9

One who satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who, with or without assistance of a reasonable accommodation, can perform the essential functions of such position

Question 10

Under the ADA, a reasonable accommodation means…

Answer 10

A modification or adjustment to a job or to the work environment that enables a qualified applicant or an employee with a disability to participate in the application process or to perform the job, unless the accommodation would impose an undue hardship on the operation of the business.

Question 11

Civil rights issues enforced by the EEOC include…

Answer 11

Sexual harassment, pregnancy discrimination, disabled employees, and age discrimination; discrimination related to race, color, religion, sex, or national origin

Question 12

The EEOC with regards to the Civil Rights Act covers those employers who…

Answer 12

Employ 15 or more employees, meaning anyone with whom the business has an “employment relationship” including part-time workers.

Question 13

EEOC

Answer 13

Equal Employment Opportunity Commission

Question 14

HIPAA

Answer 14

Health Insurance Portability and Accountability Act

Question 15

USERRA

Answer 15

Uniformed Service Employment and Reemployment Rights Act

Question 16

Title VII is a part of what act?

Answer 16

The Civil Rights act of 1964

Question 17

OSHA

Answer 17

Occupational Safety and Health Act

Question 18

COBRA

Answer 18

Consolidated Omnibus Budget Reconciliation Act

Question 19

ERISA

Answer 19

Employee Retirement Income Security Act

Question 20

ADEA

Answer 20

Age Discrimination in Employment Act

Question 21

FMLA

Answer 21

Family and Medical Leave Act

Question 22

FUTA

Answer 22

Federal Unemployment Tax Act

Question 23

ADA

Answer 23

Americans with Disabilities Act

Question 24

FICA

Answer 24

Federal Insurance Contributions Act

Question 25

FLSA

Answer 25

Federal Labor Standards Act

Question 26

OSHA applies to which employers?

Answer 26

All employers, regardless of the number of employees

Question 27

Under the FMLA, an employee is eligible when?

Answer 27

An employee must have been employed for at least 12 months, although the months need to not be consecutive; must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of leave

Question 28

Environmental sexual harassment

Answer 28

Includes unwelcome sexual conduct that unreasonably interferes with the individual's job performance or creates an "intimating, hostile, or offensive working environment", even if it leads to no tangible or economic job consequence

Question 29

Quid pro quo sexual harassment

Answer 29

Occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affection the individual

Question 30

What is the 1099 Form used for?

Answer 30

Report compensation paid to non-employee workers

Question 31

IRC

Answer 31

Internal Revenue Code

Question 32

How long must records on wages, hours, and other pay related items be retained?

Answer 32

Three years

Question 33

Who enforces the FLSA?

Answer 33

The Wage and Hour Division of the U.S. Department of Labor

Question 34

FLSA definition of workweek is...

Answer 34

Unit of time used to determine compliance with minimum wage standards; defined as seven consecutive, regularly recurring, 24-hour periods totaling 168 hours

Question 35

FLSA definition of overtime pay

Answer 35

All hours worked above 40 hours in a given workweek; overtime pay premium is 1.5 times the regular rate of pay

Question 36

The FLSA applies to employers who...

Answer 36

1) engage in interstate commerce; 2) produce goods for interstate commerce; 3) is an enterprise- a business entity with a distant commercial purpose and annual gross sales of $500,000 or more

Question 38

What does the Fair Labor and Standards Act (FLSA) establish?

Answer 38

Minimum wage and overtime pay standards ## Footnote The FLSA also regulates the employment of minors.

Question 39

What is the overtime pay rate according to the FLSA?

Answer 39

1.5 times the regular rate of pay for hours worked over 40 in a work week.

Question 40

How is a work week defined by the FLSA?

Answer 40

7 consecutive 24-hour periods, totaling 168 hours.

Question 41

Who is exempt from overtime pay under the FLSA?

Answer 41

Individuals involved in executive, administrative, or professional duties.

Question 42

What is the minimum age for employees to work nonfarm-related jobs?

Answer 42

16 years of age.

Question 43

What are the work hour restrictions for youths aged 14-15?

Answer 43

3 hours per day during school days and 8 hours on nonschool days.

Question 44

What are the permissible work hours for minors during summer?

Answer 44

Until 9 PM.

Question 45

For how long must employers keep records of wages and hours according to federal guidelines?

Answer 45

A minimum of 3 years after the termination of the employee.

Question 46

What is the purpose of the Family and Medical Leave Act (FMLA)?

Answer 46

To protect and preserve the integrity of the family.

Question 47

Which organizations are subject to the Family and Medical Leave Act?

Answer 47

Organizations with more than 50 employees.

Question 48

How much unpaid leave does FMLA allow employees to take?

Answer 48

Up to 12 weeks.

Question 49

What are valid reasons for taking leave under FMLA?

Answer 49

* Incapacity due to pregnancy, prenatal care, or childbirth * To care for a child after childbirth or adoption * To care for a spouse, son, daughter, or parent with a serious health condition * A serious health condition preventing the employee from performing their job.

Question 50

What must eligible employees provide to their employer before taking leave under FMLA?

Answer 50

At least 30 days notice.

Question 51

What does the Uniformed Services Employment and Reemployment Rights Act (USERRA) protect?

Answer 51

The rights of individuals enrolled in military service.

Question 52

What are employees entitled to upon returning from military service under USERRA?

Answer 52

The right to return to their previous employment position and benefits.

Question 53

What does the Immigration Reform and Control Act prohibit?

Answer 53

Discrimination against employees based on national origin.

Question 54

When should Form I-9 be filled out by new hires?

Answer 54

On the first day of employment.

Question 55

How long must Form I-9 be retained by employers?

Answer 55

3 years from the date of hire or 1 year after termination, whichever is longer.

Question 56

What does the Employee Polygraph Protection Act prohibit?

Answer 56

Most employers from using lie detectors for preemployment screening or during employment.

Question 57

What does the Equal Employment Opportunity policy prohibit?

Answer 57

Discrimination on the basis of race, color, sex, religion, or national origin.

Question 58

Which act protects individuals over the age of 40 from age discrimination?

Answer 58

The Age Discrimination in Employment Act of 1967.

Question 59

What does Title VII of the Civil Rights Act of 1964 prohibit?

Answer 59

Sex discrimination in wage payments for equal work.

Question 60

What is the role of the Occupational Safety and Health Administration (OSHA)?

Answer 60

To set safety standards to protect employees.

Question 61

What must employers provide according to OSHA standards?

Answer 61

A safe work environment.

Question 62

How can employees request accommodations during pregnancy?

Answer 62

By asking their employer for reasonable accommodations.

Question 63

What is required of employers regarding labor and employment law posters?

Answer 63

Posters must be displayed in a location visible to all employees.

Question 64

Name one of the posters that must be displayed according to federal law.

Answer 64

* Family and Medical Leave Act of 1993 * Uniformed Service Employment and Reemployment Rights Act * Fair Labor and Standards Act * Equal Employment Opportunity * Occupational Safety and Health Administration * Immigration Reform and Control Act * Employee Polygraph Protection Act.