U.S. Employment Law & Regulations

Question 1

What are statutes

Answer 1

Statues refer to actions passed by legislative bodies, such as Congress and state legislatures, and by local government units, such as cities and counties

Question 2

What are Regulations?

Answer 2

Regulations are proposed, adopted, and enforced by administrative agencies to whom government units have delegated specific rule-making authority. Regulations reflect how laws will be implemented and often have the force of law.

Question 3

What are Agency Guidelines?

Answer 3

Administrative agencies may also issue guidelines that interpret how laws and regulations will be enforced. Such agency guidance includes agency interpretations, policy statements, letters, and advisory materials to supplement or explain regulations and statutes.

Question 4

What are executive orders

Answer 4

An executive order is a directive by the chief executive of a governmental unit (for example, the President of the United States) telling that governmental unit how it will act or interact with members of its community.

Question 5

What is common law?

Answer 5

Common law is based on court decisions, rather than statutory law, and is recognized on the federal level and in whole or in part in nearly all states. Those court decisions are often referred to as precedent.

Question 6

What is the highest law in the country and the foundation on which all US law has been built

Answer 6

The Constitution

Question 7

What is EPLI (Employment Practices Liability Insurance)

Answer 7

EPLI is a type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.

Question 8

What is the purpose of an EPLI policy

Answer 8

To protect a business against the risk of heavy financial losses resulting from employment claims and lawsuits. EPLI transfers the risk of losses associated wit employment litigation during the entire employment life cycle, from recruiting through termination, to an insurance carrier.

Question 9

What is the Immigration Reform and Control Act

Answer 9

the IRCA of 1986 is designed to accomplish two somewhat divergent purposes. IRCA prohibits discrimination against job applicants on the basis of national origin or citizenship and, at the same time, establishes penalties for hiring undocumented workers, with certain exceptions.

IRCA is enforced by the US Citizenship and Immigration Services, a special branch of the Department of Homeland Security.

Question 10

What are the two categories of visas are available under immigration laws?

Answer 10

Immigrant Visas and Nonimmigrant visas.

Question 11

What are the three categories of Immigrant Visas

Answer 11

First Preference - Priority Workers: EB-1
Second Preference - EB-2
Third Preference - EB-3

Question 12

What is a Priority Worker EB-1 Immigrant Visa

Answer 12

Employers do not need to test the U.S. labor market (or file a labor certification application) to determine that there are no minimally qualified U.S. workers for these jobs.

Question 13

What is an EB-2 second priority visa?

Answer 13

In most cases for this category, employers must test the U.S. labor market through a labor certification application to determine whether there are minimally qualified U.S. workers for the position. Foreign nationals in this category are required to have job offer. The job must require at least a master’s degree or equivalent

Question 14

What is an EB-2 third preference Visa?

Answer 14

This category is for jobs that require at least a bachelor’s degree or skilled worker positions that require at least two years of training or experience. (A small number of EB-3 immigrant visas are available to unskilled workers.) Employers are required to complete the labor certification process for people in the EB-3 category.

Question 15

What is a Nonimmigrant Visa?

Answer 15

Nonimmigrant visas are available to aliens who want to come to the U.S. for a temporary period of time. Some of the nonimmigrant visas that are typically used by organizations are as follows:
Business Visitor
Specialty Occupation Worker
Intracompany Transferee
Treaty Investors
Australian Free Trade/Specialty Occupation Workers
Students
Exchange Visitors
O Visas
Q Visas
North American Free Trade Agreement

Question 16

What is an O Visa?

Answer 16

O visas are temporary visas available for persons of extraordinary ability in the arts, sciences, education, business, or athletics that has been demonstrated by sustained national or international acclaim.

Question 17

What is a Business Visitor Visa?

Answer 17

B-1. Business visitors may be permitted to enter the United States for the purpose of engaging in business activities (including but not limited to attending meetings, seminars, or conferences or negotiating contracts) but may not be gainfully employed by a U.S. organization.

Question 18

What is a Specialty Occupation Workers Visa?

Answer 18

H-1B. This visa is reserved for professionals (including but not limited to engineers, computer scientists, biotechnologists, university professors, marketers, and health-care professionals) who come to the U.S. for a limited amount of time. The alien must have a baccalaureate degree (a foreign equivalent or equivalent experience may also be acceptable), and the degree must be a usual requirement for the position. H-1B workers must be paid at least the same wage rates as are paid to US workers who perform the same types of work or the prevailing wages in the areas of intended employment. This category is subject to yearly numerical limitations imposed by the USCIS.

Question 19

What is an Intracompany Transferee Visa?

Answer 19

L-1. Aliens who work for a foreign employer and are transferred to the US to work for a parent, subsidiary, or affiliate organization qualify for L-1 visas if they have had specialized knowledge, management, or executive position during one of the last three years before entering the US.

Question 20

What is a Treaty Investors and Traders Visa?

Answer 20

E-1 and E-2. These visas are reserved for aliens in countries with which the US has commerce, navigation, and investment treaties. These aliens come into the US to work for companies based in their home country that are investing or trading in the US.

Question 21

What is the Australian Free Trade/Specialty Occupation Workers Visa?

Answer 21

E-3. This category is specific to Australian citizens and applies generally to positions very similar to those covered by the H-1B visa category.

Question 22

ADA Amendments Act (ADAAA)

Answer 22

Amendments to US Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability

Question 23

Adverse impact

Answer 23

Type of discriminations that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.

Question 24

Age Discrimination in Employment Act (ADEA)

Answer 24

US act that prohibits discrimination in the workplace on the basis of age

Question 25

Americans with Disabilities Act (ADA)

Answer 25

US act that prohibits discrimination against a qualified individual with a disability because of his/her disability

Question 26

Bona fide occupational qualification (BFOQ)

Answer 26

Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.

Question 27

Burlington Industries, Inc. v. Ellerth

Answer 27

US court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Question 28

Civil Rights Act of 1964

Answer 28

First comprehensive US law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

Question 29

Civil Rights Act of 1991

Answer 29

US act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Question 30

Comparable Worth

Answer 30

Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries.

Question 31

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 31

US act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.

Question 32

Davis-Bacon Act

Answer 32

US act that requires certain contractors and subcontractors to pay laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on federal contracts.

Question 33

Defense of Marriage Act (DOMA)

Answer 33

US act that defined marriage as the union of one man and one woman and permitted states to not recognize same-sex marriages recognized by other states; ruled unconstitutional by the US Supreme Court

Question 34

Disability

Answer 34

Physical or mental impairment that substantially limits one’s major life activities

Question 35

Disparate impact

Answer 35

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.

Question 36

Disparate treatment

Answer 36

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

Question 37

Drug-Free Workplace Act

Answer 37

US law that requires federal contractors with contracts of $100,000 or more as well as recipient of grants from federal government to certify that they are maintaining a drug-free workplace.

Question 38

Electronic Communications Privacy Act

Answer 38

US act that made it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose any of this information.

Question 39

Employee Polygraph Protection Act (EPPA)

Answer 39

US act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exceptions.

Question 40

Employee Retirement Income Security Act (ERISA)

Answer 40

US act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.

Question 41

Employees

Answer 41

Individuals who exchange work for wages or salary; in the US, workers who are covered by FLSA regulations as determined by the IRS.

Question 42

Employment at-will

Answer 42

Principle of employment in the US that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quite a job at any time.

Question 43

Employment practices liability insurance (EPLI)

Answer 43

Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.

Question 44

Equal Employment Opportunity Act

Answer 44

US act that amended Title VII and gave the Equal Employment Opportunity Commission authority to “back up” its administrative findings and conduct its own enforcement litigation.

Question 45

Equal Pay Act (EPA)

Answer 45

US act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.

Question 46

Essential Functions

Answer 46

Primary job duties that a qualified individual must be able to perform, either with or without accommodation.

Question 47

Executive order 13672

Answer 47

Amends Executive Orders 11478 and 11246 to include gender identity and sexual orientation

Question 48

Exempt employees

Answer 48

Employees who are excluded from US Fair Labor Standards Act minimum wage and overtime pay requirements

Question 49

Fair and Accurate Credit Transactions Act (FACT Act)

Answer 49

US act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Report Act in certain cases.

Question 50

Fair Credit Reporting Act (FCRA)

Answer 50

US act that protects privacy of background information and ensures that information supplied is accurate.

Question 51

Fair Labor Standards Act (FLSA)

Answer 51

U.S act that establishes minimum wage, overtime pay,
youth employment, and record-keeping standards
affecting full- and part-time workers in the private sector
and in federal, state, and local governments.

Question 52

Family and Medical Leave Act (FMLA)

Answer 52

U.S. act that provides employees with up to 12 weeks of
unpaid leave to care for family members or because of a
serious health condition of the employee.

Question 53

Faragher v. City of Boca Raton

Answer 53

U.S. court ruling that distinguished between supervisor
harassment that results in tangible employment action
and supervisor harassment that does not.

Question 54

Gender identity

Answer 54

Refers to one’s internal, personal sense of being a man
or a woman (or boy or girl), which may or may not be the
same as one’s sexual assignment at birth.

Question 55

General Duty Clause

Answer 55

Statement in U.S. Occupational Safety and Health Act
that requires employers subject to the act to provide
employees with a safe and healthy work environment

Question 56

Genetic Information
Nondiscrimination Act (GINA)

Answer 56

U.S act that prohibits discrimination against individuals
on the basis of their genetic information in both
employment and health insurance

Question 57

Griggs v. Duke Power

Answer 57

U.S. case that set the standard for determining whether
discrimination based on disparate impact exists.

Question 58

Hostile environment harassment

Answer 58

Occurs when sexual or other discriminatory conduct is so
severe and pervasive that it interferes with an individual’s
performance; creates an intimidating, threatening, or
humiliating work environment; or perpetuates a situation
that affects the employee’s psychological well-being.

Question 59

Immigration Reform and Control Act (IRCA)

Answer 59

U.S. act that prohibits discrimination against job
applicants on the basis of national origin or citizenship
and establishes penalties for hiring undocumented
workers.

Question 60

Independent contractors

Answer 60

Self-employed individuals hired on a contract basis for
specialized services.

Question 61

Labor Management Reporting
and Disclosure Act (LMRDA)

Answer 61

U.S. act that imposed regulations on internal union affairs
and the relationship between union officials and union
members.

Question 62

Labor-Management Relations Act (LMRA)

Answer 62

U.S. act that imposed several restrictions and
requirements on unions.

Question 63

Lechmere, Inc. v. NLRB

Answer 63

1992 case in which the U.S. Supreme Court ruled that
an employer cannot be compelled to allow nonemployee
organizers onto the business property.

Question 64

Ledbetter v. Goodyear
Tire and Rubber Company

Answer 64

2007 case in which the U.S. Supreme Court ruled that
claims of sex discrimination in pay under Title VII were
not timely because discrimination charges were not filed
with the EEOC within the required 180-day time frame.

Question 65

Lilly Ledbetter Fair Pay Act

Answer 65

U.S. act that creates a rolling time frame for filing wage
discrimination claims and expands plaintiff field beyond
employee who was discriminated against.

Question 66

McDonnell Douglas Corp. v. Green

Answer 66

Case that established criteria for disparate treatment

Question 67

McNamara-O’Hara Service Contract Act

Answer 67

U.S. act that requires contractors and subcontractors on
certain contracts to pay service employees in various
classes no less than the wage rates and fringe benefits
found in the locality or the rates found in the previous
contractor’s collective bargaining agreement.

Question 68

National Defense Authorization Acts (NDAA)

Answer 68

U.S. acts that expanded FMLA leave for employees
with family members who are covered members of the
military

Question 69

National Federation of
Independent Business v. Sebelius

Answer 69

U.S. Supreme Court ruling that Patient Protection
and Affordable Care Act requirement that individuals
purchase health insurance was constitutional but
requirement that states expand Medicaid was not.

Question 70

National Labor Relations Act (NLRA)

Answer 70

U.S. act that protected and encouraged the growth of the
union movement; established workers’ rights to organize
and bargain collectively with employers.

Question 71

National origin

Answer 71

Refers to the country (including those that no longer
exist) of one’s birth or of one’s ancestors’ birth.

Question 72

NLRB v. Weingarten

Answer 72

Landmark 1975 U.S. labor relations case that dealt with
the right of a unionized employee to have another person
present during certain investigatory interviews.

Question 73

Nonexempt employees

Answer 73

Employees covered under U.S. Fair Labor Standards Act
regulations, including minimum wage and overtime pay
requirements.

Question 74

Occupational illness

Answer 74

Medical condition or disorder, other than one resulting
from an occupational injury, caused by exposure to
environmental factors associated with employment.

Question 75

Occupational injury

Answer 75

Injury that results from a work-related accident or
exposure involving a single incident in the work
environment.

Question 76

Occupational Safety and Health (OSH) Act

Answer 76

U.S. act that established the first national policy for
workplace safety and health and continues to deliver
standards that employers must meet to guarantee the
health and safety of their employees.

Question 77

Older Workers Benefit
Protection Act (OWBPA)

Answer 77

U.S. act that amended the Age Discrimination in
Employment Act to include all employee benefits; also
provided standards that an employee’s waiver of the right
to sue for age discrimination must meet in order to be
upheld by a court.

Question 78

Overtime pay

Answer 78

Required for nonexempt workers under U.S. Fair Labor
Standards Act at 1.5 times the regular rate of pay for
hours over 40 in a workweek.

Question 79

Patient Protection and
Affordable Care Act (PPACA)

Answer 79

2010 U.S. law that requires virtually all citizens and legal
residents to have minimum health coverage and requires
employers with more than 50 full-time employees to
provide health coverage that meets minimum benefit
specifications or pay a penalty

Question 80

Phillips v. Martin Marietta Corporation

Answer 80

1971 U.S. case that stated that an employer may not, in
the absence of business necessity, refuse to hire women
with preschool-aged children while hiring men with such
children.

Question 81

Portal-to-Portal Act

Answer 81

U.S. act that defines what is included as hours worked
and is therefore compensable and a factor in calculating
overtime.

Question 82

Pregnancy Discrimination Act

Answer 82

U.S. act that prohibits discrimination on the basis of
pregnancy, childbirth, or related medical conditions.

Question 83

Protected class

Answer 83

People who are covered under a particular federal or
state antidiscrimination law.

Question 84

Prudent person rule

Answer 84

States that a fiduciary of a plan covered by the U.S.
Employee Retirement Income Security Act has legal and
financial obligations not to take more risks when investing
employee benefit program funds than a reasonably
knowledgeable, prudent investor would under similar
circumstances.

Question 85

Quid pro quo harassment

Answer 85

Type of sexual harassment that occurs when an
employee is forced to choose between giving in to a
superior’s sexual demands and forfeiting an economic
benefit such as a pay increase, a promotion, or continued
employment.

Question 86

Reasonable accommodation

Answer 86

Modifying a job application process, a work environment,
or the circumstances under which a job is performed
to enable a qualified individual with a disability to be
considered for the job and perform its essential functions.

Question 87

Sarbanes-Oxley Act (SOX)

Answer 87

U.S. act that requires that all publicly held companies
establish internal controls and procedures for financial
reporting to reduce the possibility of corporate fraud.

Question 88

Sexual orientation

Answer 88

Sexual, romantic, or emotional/spiritual attraction that
one feels for persons of the opposite sex or gender, the
same sex or gender, or both sexes and more than one
gender

Question 89

Uniform Guidelines on
Employee Selection Procedures

Answer 89

Procedural document designed to assist employers
in complying with federal regulations prohibiting
discrimination.

Question 90

Uniformed Services Employment and
Reemployment Rights Act (USERRA)

Answer 90

U.S. act that protects the employment, reemployment,
and retention rights of persons who serve or have served
in the uniformed services.

Question 91

Vesting

Answer 91

Process by which a retirement benefit becomes
nonforfeitable.

Question 92

Vicarious liability

Answer 92

Legal doctrine under which a party can be held liable for
the wrongful actions of another party.

Question 93

Vietnam Era Veterans’ Readjustment
Assistance Act (VEVRAA)

Answer 93

U.S. act that prohibits discrimination against specified
categories of veterans; applies to federal government
contractors and subcontractors.

Question 94

Walsh-Healey Public Contracts Act

Answer 94

U.S. act that establishes a minimum wage, maximum
hours, and health and safety standards for contracts to
manufacture or furnish materials, articles, or equipment
to the U.S. government or the District of Columbia.

Question 95

Weingarten rights

Answer 95

Union employees’ right in U.S. to have a union
representative or coworker present during an
investigatory interview

Question 96

Worker Adjustment and Retraining
Notification (WARN) Act

Answer 96

U.S. act that requires some employers to give a minimum
of 60 days’ notice if a plant is to close or if mass layoffs
will occur.

Question 97

Workweek

Answer 97

Any fixed, recurring period of 168 consecutive hours (7
days times 24 hours = 168 hours).

Question 98

Who enforces IRCA?

Answer 98

US Citizenship and Immigration Services, a special branch of the Department of Homeland Security

Question 99

What is a student visa?

Answer 99

F-1 Thee visas are reserved for full-time university, college, high school, or elementary students who study at a school approved by the USCIS. Generally, prior to graduationsstudents must not accept employment, except for on-campus employment and employment directly related to their curriculum

Question 100

What is an exchange visitor visa?

Answer 100

J-1. J-1 visas apply to aliens in government-approved exchange visitor programs. These visas are managed by the Department of State.

Question 101

What is a North American Free Trade Agreement (NAFTA) Visa?

Answer 101

TN visas are available only to citizens of Canada and Mexico whose occupations appear on a NAFTA schedule and who have the necessary education or experience.

Question 102

What is an O visa?

Answer 102

O visas are temporary visas available for persons of extraordinary ability in the arts, sciences, education, business, or athletics that has been demonstrated by sustained national or international acclaim.

Question 103

What is a Q visa?

Answer 103

Q visas are used by cultural exchange visitors who come to the U.S. to work temporarily.

Question 104

True or False:
An individual can file for their own H-1B Nonimmigrant Work Visa?

Answer 104

False, the US employer must petition for entry of the employee. H-1B petitions are submitted by employers based on their need for a non-US resident employee in a professional-level position that requires at least a bachelor’s degree or equivalent

Question 105

What are the key requirements for an H-1B Visa?

Answer 105

To pay the H-1B worker at least the higher of the wage paid to similar workers in the same organization or the “prevailing wage” (as determined by US department of Labor) for the occupation in the are in which the worker will be employed.

To ensure that the recruitment of the H-1B nonimmigrant will not adversely affect the conditions of the employer’s US-resident employees in similar jobs

To ensure that there is no strike or lockout occurring at the time the LCA is submitted and that the approved LCA will not be used to support petitions for H-1B aliens to be employed at the site of any subsequent strike or lockout

To give the H-1B worker and the bargaining representative of employees in similar occupations a copy of the LCA form. (If there is no bargaining representative, the LCA must be posted in two conspicuous locations for at least ten days in the location in which the H-1B alien will be working).

To maintain records of the LCA and the H-1B alien’s employment for inspection by the US department of Labor

LCA = Labor Condition Application

Question 106

What is the period of stay for an H-1B visa?

Answer 106

H-1B nonimmigrants may be admitted for a period of up to three years. The time period may be extended but generally cannot go beyond a total of six years.

Question 107

What FRCA provisions apply when an employer obtains a consumer report for employment purposes?

Answer 107

• Written notice and authorization - An employer must clearly and conspicuously notify the individual in writing, in a document consisting solely of that notice, that a report may be used. The notice cannot be incorporated into an employment application. With limited exceptions, the employer must also get the person’s written authorization before asking a CRA for a report.
• Pre-adverse action - If an employer decides not to hire an applicant or to take some other adverse action with regard to a current employee based in whole or in part on the consumer report, the applicant or employee must be provided with a copy of the report and given “a reasonable period of time” to present evidence challenging the information contained in the report.
• Adverse action procedures - After the employer has taken adverse action based in whole or in part on the consumer report (as well as any information that the individual submitted in response to the pre-adverse action notice), the employer must give the applicant or employee notice that such action has been taken. FCRA provisions stipulate several inclusion requirements regarding this notification.
• Certifications to credit bureaus - Credit bureaus will require employers to certify that they are in compliance with the FCRA and that they will not misuse any information in the report in violation of federal or state laws.
• Penalties - Plaintiffs who prove willful noncompliance with the act can recover actual damages (between $100 and $1,000), punitive damages, and costs— including attorneys’ fees. Negligent noncompliance subjects an employer to actual damages, costs, and attorneys’ fees.

Question 108

What did the Dodd-Frank Wall Street Reform and Consumer Protection Act do?

Answer 108

It amended the FCRA in 2011. Employers who take adverse action against a prospective or current employee or an independent contractor based on information contained in the individual’s consumer report have additional disclosures to make to the affected individual. Whenever any adverse action is taken against an individual, either partly or wholly because of information contained in a consumer report, the employer must provide the individual with oral, written, or electronic notice of the adverse action as well as specific credit score information used and the name of the consumer reporting agency or person that furnished the credit score

Question 109

In what time frame must an EEOC claim be filed?

Answer 109

As a general rule, a claim under Title VII of the 1964 Civil Rights Act must be filed within 180 days after the commission of the alleged discriminatory practice. However, an exception to the 180-day rule is provided in states and localities that have their own agencies that process and/or investigate charges of discrimination.W

Question 110

What is the Complaint Process of filing an EEOC

Answer 110

Question 111

What are activities that are protected against retaliation?

Answer 111

A protected activity includes actions such as filing a complaint, threatening to file a complaint, refusing to obey an order that can be reasonably believed to be discriminatory or unsafe, engaging in concerted activity with other employees to obtain changes in employment terms or conditions, or picketing to protest the terms and/or conditions of employment.

Question 112

What are some common examples of acts of retaliation from an employer?

Answer 112

Acts of retaliation can be any adverse employment action that is taken because of the employee’s engagement in a protected activity, including:

Firing, demoting, or disciplining the employee or treating the employee in a discriminatory manner.

Threatening action against the employee.

Criticizing the employee.

Discussing the complaint with the employee.

Discussing the complaint and the employee with any external parties.

Discussing the complaint and the employee with any internal parties that do not have a business “need to know.”

Question 113

As amended by the EEOA of 1972, Title VII applies to what employers?

Answer 113

Most private employers and state and local governments that have 15 or more employees

Educational institutions

Federal government agencies

Public and private employment agencies

Labor unions with 15 or more members

Joint (labor-management) committees for apprenticeships and training.

Question 114

What changes did the EEOA provide for Title VII of the Civil Rights Act

Answer 114

gave the EEOC authority to “back up” its administrative findings and conduct its own enforcement litigation.

Expanded Title VII coverage to include educational institutions, state and local governments, federal executive agencies, and defined units of the other branches

Reduced the number of employees needed for a private employer to be covered by the act (from 25 to 15).

Expanded the period of time charging parties have to file their charges with the commission (180 or 300 days rather than 90 or 210 days).

Expanded the period of time charging parties have (90 days rather than 30 days) to file a lawsuit after the EEOC has informed them that it is no longer working on their charge (allowing charging parties a better chance to find a lawyer if they wish to pursue their charges in court).

Question 115

What alternatives are available to a business if the 80% rule is violated and adverse impact occurs?

Answer 115

Analyze the data more rigorously to determine whether there is in fact adverse impact. This may include both statistical and practical analyses.

Use another procedure that has been demonstrated to have lesser adverse impact.

Modify the procedure to eliminate adverse impact.

Validate the job-relatedness of the selection procedure (using, for example, validation studies, detailed records, and fact finding about alternatives with less adverse impact).

Justify the procedure as a business necessity.

Question 116

What are some exceptions to the ADEA’s nondiscrimination requirements?

Answer 116

If age is a bona fide occupational qualification

The employer is adhering to a genuine seniority or benefit plan

The employer is disciplining or firing a person for reasonable factors other than age.

The employee is a top executive or policy maker.

Question 117

What are the ADAAA’s Nine Rules of Construction

Answer 117

The term “substantially limits” is to be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.

An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people. An impairment does not need to prevent or significantly restrict a major life activity to be considered “substantially limiting.” However, not every impairment will constitute a disability.

The determination of disability should not require extensive analysis

Determining whether an impairment substantially limits a major life activity requires an individualized assessment that is simple and straightforward.

The comparison of an individual’s performance of a major life activity to that of most people usually will not require scientific, medical, or statistical analysis. However, nothing prohibits the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate.

With one exception (eyeglasses or contact lenses), the determination of whether an individual has a disability shall be made without regard to the ameliorative effects of mitigating measures. In other words, employees will be evaluated without regard to the hearing aids, medication, prosthetic devices, and other measures they use to manage their impairments.

Impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would substantially limit a major life activity when active.

An impairment that substantially limits one major life activity need not substantially limit other major life activities to be considered a substantially limiting impairment.

While there is no minimum duration in determining whether an impairment substantially limits a major life activity, disabilities under the ADA must be conditions that are not both transitory and minor. Thus, impairments that last only a short period of time may be covered if sufficiently severe. conversely, those that are minor but last longer than six months, for example, may also be a covered disability.

Question 118

What are the steps to identifying a reasonable accommodation

Answer 118

Question 119

Harassment becomes unlawful in what situations?

Answer 119

When enduring offensive conduct becomes a condition of continued employment.

When the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive

When an individual is harassed in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit.

Question 120

What are the EEOC recommendations for effective harassment policy/prevention program.

Answer 120

The program should

Be in writing

Define what constitutes harassment and declare that it will not be tolerated

Establish a complaint procedure that encourages employees to come forward.

Involved training and education programs to focus on the specific culture and needs of a particular workplace

Provide workplace civility and bystander intervention training

Include a prompt and thorough investigation of every complaint and ensure that employees have confidence in the process

Provide for an investigation that results in corrective action if it is determined that unlawful harassment has occurred.

Use a variety of methods to communicate the policy to management and employees.

include concrete examples of inappropriate behaviors.

Question 121

What are the three guidelines the IRS uses to determine if a worker is an independent contractor?

Answer 121

Behavioral Control
Financial control
Relationship of the parties

Question 122

What is behavioral control when determining if a worker is an independent contractor?

Answer 122

Facts that show whether the organization has a right to direct and control how the worker does the task for which the worker is hired; include type and degree

Question 123

What is financial control when determining if a worker is an independent contractor?

Answer 123

Facts that show whether the organization has a right to control the business aspects of the worker’s job.

Question 124

What is relationship of the parties when determining if a worker is an independent contractor?

Answer 124

Facts that show the parties’ type of relationship

Question 125

What are the circumstances under which an employee can take qualifying exigency leave with the FMLA?

Answer 125

Short-notice deployment
Military events and related activities
Child-care and school activities
Financial and legal arrangements
Counseling; rest and recuperation
Post-deployment activities
Additional activities agreed to by the employer and the employee

Question 126

When can an employer be cited under OSHA’s general Duty Clause for employee injuries and fatalities?

Answer 126

The employer failed to keep the workplace free of a hazard

The hazard was recognized either by the cited employer individually or by the employer’s industry generally

The recognized hazard was causing or was likely to cause death or serious physical harm.

There was a feasible means available that would eliminate or materially reduce the hazard.

Question 127

OSHA Form 300

Answer 127

Log of work related injuries and illnesses

Question 128

OSHA Form 300A

Answer 128

Summary of work-related injuries and illnesses

Question 129

OSHA Form 301

Answer 129

Injury and Illnesses Incident Report

Question 130

What are the requirements under the Drug Free Workplace Act?

Answer 130

Developing a policy that prohibits the unlawful manufacturing, distribution, possession, or use of a controlled substance in the workplace.

Specifying the actions that will be taken against those who violate the policy.

Providing a copy of the policy and the consequences of violating the policy to employees, including employees having to inform the employer within five days if they are convicted of a criminal drug offense occurring in the workplace.

Establishing a drug-awareness program that informs employees about the dangers of drug use in the workplace, the availability of drug treatment and counseling, and the employer’s drug-free policy and penalties for drug violations.

Question 131

What is another name for the National Labor Relations Act of 1935?

Answer 131

Wagner Act of the Wagner-Connery Act

Question 132

What is another name for the Labor-Management Relations Act of 1947?

Answer 132

Taft-Hartley Act

Question 133

What is another name for the Labor Management Reporting and Disclosure Act of 1959?

Answer 133

Landrum-Griffin Act

Question 134

What are the 3 exceptions to the 60 day notification governed by the WARN act?

Answer 134

Faltering company - this exception covers certain situations where an organization has actively sought new capital or business in order to stay open and where giving notice would ruin the opportunity to get new capital or business. The faltering company exception is narrowly construed and applies only to plant closings.

Unforeseeable business circumstances - This exception applies to closings and layoffs that were sudden and were not reasonably foreseeable at the time notice would otherwise have been required (such as the sudden and unpredicted loss of a key business client that severely impacts the organization’s financial stability)

Natural disaster - this exception applies where a closing or layoff is the direct result of a natural disaster, such as a flood, earthquake, drought, or storm.

Question 135

Key contributors to a recently completed project received bonuses. A male employee received $4,000. A female employee in another state received $10,000. The male employee files a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC does not find reasonable cause for the complaint. What may happen next?

A. The male employee may file a lawsuit against the employer
B. The employer must promptly pay $6,000 plus fees to the male employee
C. The EEOC will impose mandatory mediation
D. There is no further avenue for action for the complainant.

Answer 135

A. The male employee may file a lawsuit against the employer.

If the EEOC does not find reaosnable cause, the complainant is notified of the finding and of a right to sue the employer the EEOC’s involvement ends here.

Question 136

What is the first step in developing an HR documentation policy?

Answer 136

Researching what laws apply, the records required, and the retention period.

HR must first identify its obligations (and risks) by defining the laws under which the employer is covered, what documents are required, and how long they must be retained. Establishing a framework and auditing practices cannot be performed until the requirements are identified. Documenting efforts and securing documents require attention but are later steps.

Question 137

An employee believes that he was laid off for filing charges that the plant managers were enforcing unsafe practices to save time. What is the maximum amount of time OSHA has to complete an investigation of charges of employer discrimination?

30 days
60 days
90 days
120 days

Answer 137

90 days. Employees can expect OSHA to complete investigations of employer discrimination within 90 days.

Question 138

Which protocol should HR use when converting from paper to electronic record storage?

Human resource information system’s built-in “conversion management template”
Department of Labor’s “Final Rules”
Iron-Clad Electronic Cloud’s “Paper Vapor Trail”
Society for Human Resource Management’s “Record Transfer Guidelines”

Answer 138

Department of Labor’s “Final Rules”

To follow specified protocols, employers may use guidelines that the Department of Labor has published called “Final Rules Relating to Use of Electronic Communication and Recordkeeping Technologies by Employee Pension and Welfare Benefit Plans,” shortened to “Final Rules.” OSHA Form 300A is used to report workplace injuries and illnesses. The other options do not exist.

Question 139

A supervisor overhears an employee talking on the phone about a test for a hereditary form of breast cancer, and the supervisor subsequently denies the colleague a promotion based on this information. Which legislation does this action violate?

FLSA
HIPAA
GINA
FMLA

Answer 139

GINA

The Genetic Information Nondiscrimination Act (GINA) makes it unlawful to discriminate against an employee based on genetics. The other three answer choices do not deal with discrimination based on medical conditions.

Question 140

Which U.S. Supreme Court case found the practice of hiring a male with preschool-aged children over a woman with preschool-aged children to be in violation of Title VII?

Weingarten v. Lechmere, Inc.
Phillips v. Martin Marietta Corporation
Griggs v. Duke Power
Ledbetter v. Goodyear Tire and Rubber Company

Answer 140

Phillips v. Martin Marietta Corporation

In Phillips v. Martin Marietta Corporation, the U.S. Supreme Court ruled unanimously that it is contrary to Title VII for a company to refuse to hire a woman because she has preschool-aged children when it does not impose a similar restriction on men.

Question 141

A U.S. organization that provides security guards as a service has a $150,000 prime contract with an organization with numerous construction sites to guard. If recent thefts have required that security guards work extra shifts, what must the contractor’s HR professional ensure?

Security guards are provided with training on the OSHA Machine Guarding standard to ensure that they do not put themselves at risk during a theft.

Security guard contractors must be paid time and a half for all hours worked over 40 hours during a workweek, but only if this is no less than the prevailing wage rate and benefits found in the locality.

Security guard contractors must be paid at least time and a half for all hours worked over 40 hours during a workweek.

Theft incident rates are tracked and reported as part of the OSHA data initiative (ODI).

Answer 141

Security guard contractors must be paid at least time and a half for all hours worked over 40 hours during a workweek.

The U.S. McNamara-O’Hara Service Contract Act of 1965 requires contractors and subcontractors on prime contracts in excess of $100,000 to pay laborers and mechanics, including guards, at least time and a half for all hours worked during a workweek by the contractor or subcontractor.

Question 142

When does disparate treatment occur?

When employees have equal access to training opportunities

When an affirmative action plan is not established

When a manager asks only female applicants questions about child care

When all applicants take a test that only white males perform well on

Answer 142

When a manager asks only female applicants questions about child care

Disparate treatment discrimination occurs when employees in protected classes are intentionally treated differently from other employees or are evaluated by different standards. Examples include a manager who automatically rejects Mexican-American applicants on the grounds that they might be illegal aliens and having different entry requirements for women than for men.

Question 143

Which must be permitted when conducting an investigative interview of a union employee?

Attorney or family member attending the interview upon request

Union representative telling the employee what to say during the interview

Union representative adding information supporting the employee’s case

Union representative bargaining with the employer for leniency in punishment

Answer 143

Union representative adding information supporting the employee’s case

The union representative must be allowed to add information supporting the employee’s case at the end of the interview. The employer is not required to bargain with the representative during an investigative interview. The union representative cannot tell the employee what to say during the interview. The employee may be prohibited from bringing an attorney or a relative to the interview.

Question 144

An organization is opening a new factory in the United States. Due to availability issues, the factory will be temporarily unable to comply with an OSHA standard regarding required safety equipment. What should the organization do?

Open the factory without notifying OSHA and do not report any incidents associated with the standard.

Apply to OSHA for a temporary variance from the standard due to the unavailability of required equipment.

Apply to OSHA for a permanent variance from the standard due to the unavailability of required equipment.

Postpone opening the factory until the required safety equipment can be purchased from another source.

Answer 144

Apply to OSHA for a temporary variance from the standard due to the unavailability of required equipment.

Employers may apply for a temporary variance from a standard due to the unavailability of materials, equipment, or personnel needed to make necessary changes. This would potentially allow the organization to avoid postponing the opening of the new factory, and it does not carry the risk of penalties due to noncompliance with OSHA standards. Permanent variances are allowable where an employer can furnish proof that the facilities or the method of operation provides employee protection at least as effective as that required by the standard.

Question 145

What is the general minimum eligibility requirement set by ERISA for employer-sponsored 401(k) plans?

18 years of age, working at least 21 months

18 years of age, working at least 13 months

21 years of age, working at least 18 months

21 years of age working at least 12 months

Answer 145

21 years of age working at least 12 months

The minimum eligibility requirement under ERISA is the attainment of 21 years of age and 12 months of service. An employer can lower the requirement (for example, to 19 years of age or ten months of service), but it cannot raise the minimum.

Question 146

Which is regulated by the Fair Labor Standards Act (FLSA)?

Equal pay

Overtime pay

Sales commissions

Employee benefits

Answer 146

Overtime pay

Commonly referred to as the Wage and Hour Law, the FLSA governs employee status, overtime pay, and minimum wage. Employee benefits, sales commissions, and equal pay are not governed by the FLSA.

Question 147

An employee believes his union rights have been violated. Who should the employee contact first to file a charge?

EEOC

WARN

OSHA

NLRB

Answer 147

NLRB

The National Labor Relations Board (NLRB) investigates possible employee rights violations by employers or unions. WARN, the Worker Adjustment and Retraining Notification Act, is a piece of legislation, not an agency. The Equal Employment Opportunity Commission (EEOC) is an agency, but it investigates possible violations of antidiscrimination laws. The Occupational Safety and Health Administration (OSHA) investigates possible occupational safety and health violations.

Question 148

What source of law ensures that the same principle applied in one court decision is used to make future legal determinations?

Agency guidelines

Common law

Executive orders

The Constitution

Answer 148

Common Law

Common law is the source of law that establishes legal precedent. The other responses also offer legal protection but are not derived from court decisions.

Question 149

Under the Worker Adjustment and Retraining Notification (WARN) Act of 1988, a plant with over 100 employees must give what minimum number of days of advance written notice of a plant closure?

10 calendar days

30 calendar days

60 calendar days

100 calendar days

Answer 149

60 days

Question 150

During a company event at a local establishment, an employee fractures his arm. An HR coworker is unsure of whether this should be reported to OSHA and asks the HR manager’s opinion. What should the HR manager recommend?

Report an accidental injury to OSHA within 30 days of the event.

Report a workplace incident to OSHA within 14 days.

Don’t report the injury, as the event happened off company property.

Report an occupational injury to OSHA within 24 hours of learning about the event.

Answer 150

Report an occupational injury to OSHA within 24 hours of learning about the event.

A fracture is an occupational injury, and OSHA requires that occupational injuries be reported within 24 hours of learning about the event. Although the event occurred off-site, it was a company-sponsored outing and the person was there in his role as an employee; therefore, it is considered an extension of the traditional workplace.

Question 151

Which best demonstrates an attorney work product?

Internal memos identified and preserved at the attorney’s request

Notes from interviews done at the attorney’s request

Conversations between attorney and client regarding harassment allegations

Motions prepared to defend an organization against charges

Answer 151

Notes from interviews done at the attorneys request

Attorney work product includes reports and notes from investigations and interviews done at the attorney’s request. Attorney work product is not subject to discovery (disclosure to the other side in a complaint). Conversations are not work product but are covered under attorney-client privilege and are excluded from disclosure. Preexisting materials identified and preserved as the result of an attorney request for litigation hold are discoverable.

Question 152

A federal contractor receives an attorney statement claiming discrimination against an employee working in counterintelligence. The employee complains of unlawful termination for refusal to submit a polygraph test following an incident. What exclusion protects the employer under the Employee Polygraph Protection Act (EPPA)?

The federal contractor did not receive an EEOC claim.

The federal contractor was involved in national security.

The federal contractor has reasonable suspicion.

The federal contractor’s policy was violated.

Answer 152

The federal contractor was involved in national security.

Federal contractors working on national security and counterintelligence are exempt from the EPPA. Policy violation, reasonable suspicion, and not receiving an EEOC claim are not reasons for exclusion from EPPA provisions for federal contractors working in these areas.

Question 153

Which occupation is considered nonexempt under the Fair Labor Standards Act?

Salaried executive

Insurance Adjustor

Electrician

Human Resource Manager

Answer 153

Electrician

Blue-collar workers, such as electricians, are considered nonexempt employees regardless of how highly they are compensated. Insurance adjustors who interview witnesses, make claim recommendations, and negotiate settlements are considered exempt employees, as are human resource managers who formulate, interpret, and implement employment policies. Salaried executives are also exempt, based on their job duties under the white-collar exemptions, which include executive, administrative, professional, or outside sales positions.

Question 154

An employer is investigating alleged misconduct by an employee who is a union member. What must the employer allow during any investigatory interview of the employee, if requested?

Ability to respond to questions in writing instead of an interview

Presence of a personal attorney in the interview

Presence of a union representative in the interview

Opportunity to review video evidence before the interview

Answer 154

Presence of a union representative in the interview

Under the Weingarten ruling, the employee may request the presence of a union representative in the interview. The employee does not have to be allowed his or her personal attorney or the ability to respond in writing to questions or to review video evidence prior to an interview.

Question 155

Which authoritative resource is considered an agency guideline?

Public comment

Opinion letter

Regulation

Statute

Answer 155

Opinion letter

An opinion letter is a form of guidance issued by a government enforcement agency in response to a question from the public. It provides an interpretation of a regulation or statute. A public comment is a suggestion or concern provided by the public to a government agency for its consideration during the rule-making process.

Question 156

Which of the following is true about employment practices liability insurance (EPLI)?

It typically pays for punitive damages or civil or criminal fines.

It usually covers legal costs regardless of the outcome of the case.

It typically covers claims arising under workers’ compensation.

It usually covers only legal costs associated with the termination of an employee.

Answer 156

It usually covers legal costs regardless of the outcome of the case

EPLI usually covers legal costs, no matter what the outcome of the case is. It typically does not cover punitive damages or civil or criminal fines. It usually does not cover compensation, consistent with relevant state laws. It is designed to cover cases arising at any point in the employment life cycle, from recruitment to termination.

Question 157

Which of the following is the best reason to maintain employment records electronically?

Improved alignment with voluntary Department of Labor guidelines

Stronger demonstration of corporate social responsibility

Better document security because of firewalls

Easier storage and access for records that span many years

Answer 157

Easier storage and access for records that span many years.

In the event that a claim is asserted, HR needs to be able to access documents even remotely related to the claim. Because of Department of Labor guidelines, electronic record-keeping systems should be capable of indexing, retaining, preserving, retrieving, and reproducing all electronic records stored in the system with relative ease. This represents the best reason to maintain records electronically

Question 158

Which action is legal under the common-law concept of employment at-will?

Terminating an employee with satisfactory performance

Hiring a permanent replacement for an employee who is injured and claiming workers’ compensation benefits

Checking the criminal records of applicants for a security position

Reporting a former employee’s behavior to potential employers

Answer 158

Terminating an employee with satisfactory performance

Employment at-will is a common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they chose for any reason unless there is a law or contract to the contrary.

Question 159

Which of the following is true regarding marijuana laws?

Marijuana remains illegal under the federal Controlled Substances Act.

Employers must allow employees to use medicinal marijuana while on the job.

It is illegal to fire an employee after the first instance of a failed drug test for marijuana.

The federal Controlled Substances Act allows for medicinal marijuana use.

Answer 159

Marijuana remains illegal under the federal Controlled Substances Act.

Marijuana is legal in multiple states for medical or recreational use, but it remains illegal under the federal Controlled Substances Act. This act does not feature an exemption for medicinal use. Both firing employees following a failed drug test and accommodating employees’ use of medicinal marijuana may depend on current state regulations.