Module 1 - Practice Management

Question 1

What does FLSA stand for and provide?

Answer 1

Fair Labor Standards Act
An established minimum wage
Regulated Child Labor
Established overtime pay

Question 2

What’s the definition of an Exempt from Overtime Employee?

Answer 2

They don’t qualify for overtime pay.

Their job duties and salary must meet all requirements of the Departments regulations. May not make less than $684/week

Question 3

What was the 2020 Overtime Update?

Answer 3

Employers may give bonuses or incentive based pay to salaried, non-exempt employees whose hours vary

Question 4

At-Will Employment Definition

Answer 4

Non-contractual employee who can be fired or quit without cause.

Question 5

Civil Rights Act of 1964 definition

Answer 5

Prohibits discrimination due to race, color, creed, national origin, gender, sex or religion

These things should have no bearing on determining salary, training, benefits or workload

Question 6

Age Discrimination Act

Answer 6

Protects 40 years of age and older

Question 7

The Immigration Reform Act

Answer 7

Employees must fill out Employment Eligibility Verification Form (I-9) to verify the right to work in the US.
Enacted November 6, 1986

Question 8

Fair Labor Standards Act

Answer 8

An established minimum wage
Regulated Child Labor
Established overtime pay

Question 9

Equal Pay Act of 1963

Answer 9

Protects discrimination based on sex

Question 10

Americans with Disabilities Act

Answer 10

Employee can request accommodation for business to provide “reasonable accommodations” to avoid discrimination based on disability
Need a note from doctor

Question 11

Family Medical Leave Act of 1993 (FMLA)

Answer 11

Employers with 50 or more employees in 20 or more workweeks in current calendar year:

Eligible employees take 12 weeks of unpaid, job-protected leave for family or medical

Question 12

Dual Capacity Doctrine

Answer 12

A provider who is an employer (or employee) should not treat an employee who was injured on the job! - Liability

Question 13

Federal Requirements for Personnel Record Keeping

Answer 13

Certificates of employees Age - during employment
Discrimination Complain Records and Actions - until final disposition
Applications - 1 year
Advertisements to Hire - 1 year
Employment History - 1 year
Employee Tests - 1 year
Physical Exam results - 1 year
Wage, Timecards, Work Schedules - 2 years
Hiring request to employment agencies - 3 years from date of hire, 1 year from termination
Ordering, Shipping, Billing and Payment Records - 3 years
Employment Contracts - 3 years
Payroll Records - 3 years
Sale and Purchase Agreements - 3 years
Training Records - 3 years
Additions or Deductions from Wages - 3 years
Illness and Injury yearly log - 5 years
Employee Retirement Income Security Act (ERISA) Plan Disclosures - for 6 years after the filing date
OSHA Medical Records - duration of employment + 30 years

Question 14

Quid Pro Quo

Answer 14

Employee deprived of job benefit for not complying to sexual advances

Criteria:
Unwelcome sexual harassment
Occurred due to employees gender
Reaction to harassment affected tangible aspects of employment, condition or privileges or employment

Question 15

Hostile Work Environment

Answer 15

Unwelcome Sexual Harassment

Harassment must be alter conditions of employment