Employment Law and Unpaid Breaks

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Employment Law and Unpaid Breaks Powered By Docstoc
					                Employment Law Compliance Assessment Exam



1. You receive a call from the HR manager at another company asking for a
   reference about a former employee. This particular employee happened to be a
   star performer with who you got along very well. Which of the following should
   you do?
        A)Answer the caller’s questions with complete honesty and candor
        B)Get their address and mail them copies of everything in the former
           employee’s personnel records.
        C)Tell them the employee’s starting and ending dates and white title or
           position the employee held; finish by saying this is all the information you
           can provide because your company has a “neutral reference” policy.
        D)Refuse to confirm or deny that you even know the employee, and ask
           that they not call you again.

2. The Family and Medical Leave Act (FMLA) applies to which of the following
   types of employers?

        A)Any employer with fifty or more employees for each working day
         during each of twenty or more calendar weeks in the current or preceding
         year
        B)Any public agency
        C)Local educational agencies and private elementary and secondary
         schools.
        D)All of the above

3. A college degree is a lawful requirement for which of the following positions?

          A)Bank Manager
          B)Data Entry Clerk
          C)College Dean’s Office Receptionist
          D)Electrical Journeyman

4. At-will employers should avoid language in performance evaluations that tells an
   employee certain behavior may be “grounds for discharge”. Why?

        A)Because it sounds too harsh
        B)Because it suggests that the employer does not have the right to
         discharge at will, but needs a particular level of behavior to justify
         discharge
        C)Because it might harm the employee’s self esteem, which would cause
         his productivity to decrease.
        D)All of the above
5. Which of the following claims can be filed against an emp loyer—even if it is at-
   will?

          A)Defamation
          B)Intentional infliction of emotional distress
          C)Invasion of privacy
          D)All of the above

6. If a qualified applicant leaves certain fields blank on her employment application,
   the employer should probably do which of the following?

          A)Discard the application and do not pursue the relationship
          B)Run a background check on the applicant before interviewing her
          C)Ask her for clarification on the issues during the interview
          D)None of the above

7. If you suspect that one of your employees is using illegal drugs on his lunch
   break, what should you do?

          A)Drive him to the company’s drug testing facility or to his home
          B)Fire him on the spot and demand that he leave immediately
          C)Call the police and have them search the employee’s desk
          D)Encourage his coworkers to sober him up

8. How long must a company maintain its payroll records, according to the Fair
   Labor Standards Act?

          A)One year
          B)Two years
          C)Three years
          D)Indefinitely

9. If an employee joins the Army but does not make it thro ugh boot camp, an
   employer must do which of the following?

          A)Provide a letter of recommendation to any prospective employers
          B)Throw him a party
          C)Nothing
          D)Reinstate him in a position of similar seniority, pay and status

10. The best time to have a new employee complete her I-9 verification form is:

        A)Sometime during the first day on the job
        B)After she has accepted the job, but before she reports to work for the
         first time
        C)When she submits her job application
        D)Anytime during the first month of employment

11. In general, which of the following should be considered when determining how
    detailed a background investigation on a new employee should be?

        A)The amount of contact the employee will have with the public
        B)the nature of the contact the employee with have with the public
        C)Reports that the employee’s picture was seen on the Post Office bulletin
         board
        D)All of the above

12. Which of the following is NOT a requirement to determine whether an employee
    is eligible to take FMLA leave?

        A)The employee must have been employed by the employer from whom
         she is requesting the leave for at least twelve months
        B)The employee must have worked at least 1,250 hours for the employer
         during the twelve months immediately preceding the leave
        C)The employee must be married and must not have other children at
         home.
        D)The employee must work at a site where fifty or more employees of the
         employer work within seventy- five miles

13. What is an “at-will” employment relationship?

        A)The employer can fire an employee with or without reaso n or notice,
         and the employee can quite with a two-week notice
        B)The employer can only terminate the employee if he/she has been
         caught stealing
        C)The employer provides a job for the employee as long as the company
         is financially stable
        D)Either the employer or the employee can terminate the employment
         relationship at any time, with or without reason, and with or without notice

14. Which of the following doe NOT indicate an independent contractor relationship?

          A)The individual works for more than one company at a time
          B)The individual must provide regular status reports to the employer
          C)The individual uses his own tools on the job
          D)The employer does not require the individual to perform the work on-
           site

15. Under what circumstances must an employer provide health insurance benefits to
    employees?
        A)There is no law requiring employers to provide health insurance
         coverage for their employees.
        B)When an employer has fifty or more employees
        C)When the employees are exposed to safety risks
        D)When the company has $1 million or more in revenue

16. Which of the following is considered a lawful interview question?

          A)What year did you graduate from high school?
          B)Do you have a family?
          C)Do any of your family members work for this company?
          D)What church do you attend?

17. In which of the following circumstances is it okay to pay a male employee more
    than a female employee doing the same job?

        A)When he supports a family while she is single
        B)When he has ten years seniority over her
        C)When he belongs to the same church as the boss, while she doesn’t
         attend church at all
        D)None of the above

18. Employers should investigate reports of employee misbehavior before taking
    disciplinary action, except in which of the following circumstances?

          A)When the employee has been caught misbehaving in the past
          B)When tight deadlines don’t permit it
          C)When it is the first time this employee has been reported
          D)There are no exceptions

19. When is it appropriate to pay a departing employee for the balance of his or her
    unused vacation time?

        A)When the employee has given sufficient notice and has a clean work
         history
        B)When the company’s policies and/or past practices demonstrate this
         procedure
        C)Never
        D)When the company is in the financial position to do so

20. Which of the following is NOT a factor in determining whether an employer has
    “just-cause” to terminate an employment relationship?

        A)Whether the employee was given notice of what conduct was
         unacceptable
            B)Whether the employer has conducted a fair and objective investigation,
             providing the employee a chance to defend herself.
            C)Whether the employee has been warned about similar behavior in the
             past
            D)Whether the employer compared this to similar situations and has
             applied the rules consistently

   21. “Last-change agreements” are not considered to be effective disciplinary tolls

            True
            False

   22. A company can be an at-will employer and still use progressive discipline,
       provided it has a well- written discipline policy

            True
            False

   23. A company may average the hours worked by non-exempt employees over the
       course of a two-week pay period in order to avoid paying overtime worked in one
       of the weeks

            True
            False

24.     A generic confidentiality agreement is sufficient to protect a company’s trade
secrets and customer lists, as along as it was written by an attorney.

            True
            False

   25. A good discharge policy provides managers with the flexibility to administer
       whatever discipline is appropriate for the situation.

            True
            False

   26. Advertising is the city’s only business magazine is sufficient to avoid possible
       discrimination charges

            True
            False

   27. After discharging an employee, it is important that he not be given access to the
       company’s computer system, even to retrieve his personal files.
        True
        False

28. Alternative dispute resolution can be a cost-effective solution to employment
    disputes.

        True
        False

29. Employers should make it clear to employees what breaks are allowed during the
    workday and whether they are paid or unpaid breaks.

        True
        False

30. An at-will employer can fire employees at the drop of a hat, without considering
    anything.

        True
        False

31. An eligible employee, working for an employer covered by the Family and
    Medical Leave Act (FMLA), may take his or her FMLA leave anytime within
    twelve months from the child’s birth or adoption date.

        True
        False

32. An employee must defer his or her jury duty if an employer cannot accommodate
    the leave of absence.

        True
        False

33. It’s okay to require a minimum of an Associate’s degree for a receptionist
    position.

        True
        False

34. Companies with twenty or more employees must provide written notice of
    COBRA coverage both at the time of hire and again at the time of termination.

        True
        False
35. During an interview, it is okay to ask whether or not the applicant believes in God

        True
        False

36. Employee misconduct should be documented once a year.

        True
        False

37. Employers can require independent contractors to work during normal business
    hours.

        True
        False

38. Employers may dock the salary of an exempt, salaried employee if he disobeys
    the company policy against exceeding the hour- long lunch limit.

        True
        False

39. Employers should make it a practice to perform a background investigation of
    federal and state civil and criminal records before hiring a new employee.

        True
        False

40. Exit interviews do not provide any information for the employer, they are simply
    a tool to make the employee feel good.

        True
        False

41. If a company has fewer than fifty employees (and is therefore not subject to the
    Family and Medical Leave Act) it is okay to establish a maternity leave policy
    that is shorter than the company’s short-term disability policy

        True
        False

42. If someone is promoted to a supervisory position, it means he or she is already
    equipped to handle whatever situations might arise.

        True
        False
43. In general, upon return from FMLA leave, an employee must be returned to the
    job he or she held when the leave began or given an equivalent job with
    equivalent pay, benefits, and terms and conditions of employment.

        True
        False

44. It is not a good idea to require applicants to take a personality test before hiring
    them.

        True
        False

45. It’s a good idea for employers to have a written policy prohibiting harassment of
    any kind, along with an effective complaint procedure providing employees an
    avenue for submitting a compliant.

        True
        False

46. It’s better to have a direct supervisor to provide a negative reference about a
    former employee, rather than having the HR Director do it.

        True
        False

47. It’s okay to let a former employee have unaccompanied access to her old office,
    as long as she left the company on good terms.

        True
        False

48. Non-union employees have the right to request that a coworker serve as a witness
    to a disciplinary meeting.

        True
        False

49. Personnel files can be released anytime, as long as the request seems legitimate.

        True
        False

50. Promotion decisions should be made in accordance with any posted policies.
           True
           False



Answers
   1.     C
   2.     D
   3.     A
   4.     B
   5.     D
   6.     C
   7.     A
   8.     C
   9.     D
   10.    B
   11.    D
   12.    C
   13.    D
   14.    B
   15.    A
   16.    C
   17.    B
   18.    D
   19.    B
   20.    C
   21.    False
   22.    True
   23.    False
   24.    False
   25.    True
   26.    False
   27.    True
   28.    True
   29.    True
   30.    False
   31.    True
   32.    False
   33.    False
   34.    True
   35.    False
   36.    False
   37.    False
   38.    False
   39.    True
   40.    False
41.   False
42.   False
43.   True
44.   True
45.   True
46.   False
47.   False
48.   True
49.   False
50.   True

				
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