Employment Law Basics Quiz

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Questions and Answers

Which entities must receive notice prior to mass layoffs?

Only the workers affected by the layoffs

Workers and their family members

Both the workers and state/local government authorities (correct)

Only state government authorities

What is the minimum number of employees an employer must have to provide family leave under the Family and Medical Leave Act (FMLA)?

20 employees

30 employees

50 employees (correct)

100 employees

How long can an employee take military caregiver leave within a 12-month period?

20 weeks

12 weeks

26 weeks (correct)

30 weeks

Under the Family Leave Act, how many weeks of unpaid leave can an employee take for family or medical reasons?

12 weeks Signup and view all the answers

Does the Federal Employee Paid Leave Act (FEPLA) provide paid leave for non-federal employees?

Only federal employees are eligible for paid leave under FEPLA Signup and view all the answers

What is the maximum taxable earnings cap for Social Security contributions in 2024?

$168,600 Signup and view all the answers

Which of the following is NOT a condition under which the employee may not sue their employer?

The injury is due to the employer’s gross negligence Signup and view all the answers

Who is required to contribute to the Social Security system?

Both employers and employees Signup and view all the answers

How many credits are typically required to qualify for Social Security benefits?

40 credits Signup and view all the answers

What is the self-employment tax rate for funding Social Security?

12.4% Signup and view all the answers

Which of the following events is NOT covered by federal or state insurance programs for employees?

Vacation Signup and view all the answers

What percentage of their paycheck are employees taxed for Social Security purposes?

6.2% Signup and view all the answers

What happens if an employee accepts workers' compensation benefits?

They forfeit the right to sue their employer for negligence. Signup and view all the answers

What must an employer do during FMLA Leave regarding employee healthcare?

Continue healthcare coverage throughout the leave Signup and view all the answers

What is the position of a 'key employee' concerning FMLA Leave?

They fall within the top 10% of the employer's workforce Signup and view all the answers

What are the potential remedies available to an employee if an employer violates FMLA regulations?

Job reinstatement, damages, and attorney fees Signup and view all the answers

What must an employer do when an absence will count as authorized FMLA Leave?

Give written notice to the employee Signup and view all the answers

Under OSHA, what is the employer's duty regarding workplace safety?

Establish safety standards and keep the workplace safe Signup and view all the answers

What should employers with 11 or more employees do regarding work-related injuries or diseases?

Keep records of every work-related injury and illness Signup and view all the answers

What is required of employers under OSHA after a work-related death occurs?

Report within 8 hours of the incident Signup and view all the answers

What action is prohibited concerning an employee who does not work due to unsafe workplace conditions?

Terminating their employment Signup and view all the answers

What is the primary characteristic of 'at-will' employment?

Employees can be terminated at any time without reason. Signup and view all the answers

Which of the following is a reason an employee could file for wrongful discharge?

Reporting employer's illegal activities. Signup and view all the answers

What is the federal minimum wage as stated under the Fair Labor Standards Act?

$7.25/hour Signup and view all the answers

Which age group is allowed to perform certain types of work but cannot work in hazardous jobs?

All of the above Signup and view all the answers

Which of the following employees are generally not entitled to overtime pay?

Executive employees Signup and view all the answers

What is the notice period required by the WARN Act for large employers before a mass layoff?

60 days Signup and view all the answers

Which of the following is NOT a factor under public policy that would protect an employee from termination?

Personal performance issues Signup and view all the answers

What must an employer demonstrate regarding overtime eligibility?

The employer must show knowledge of the overtime worked. Signup and view all the answers

Employees in which age category are fully unrestricted in their working hours after reaching their 18th birthday?

18 years and older Signup and view all the answers

Which of the following statements is true regarding child labor restrictions for those under 14?

They can only work certain types of non-hazardous jobs. Signup and view all the answers

What is the maximum number of credits an individual can earn toward Medicare in a year?

4 credits Signup and view all the answers

Which of the following is NOT a requirement for Medicare eligibility?

Must be a high-income earner Signup and view all the answers

What is the basic employee contribution percentage for Social Security and Medicare combined?

7.65% Signup and view all the answers

Which Medicare part requires individuals to pay a premium?

Part B Signup and view all the answers

How much does a self-employed individual pay in total for Social Security and Medicare taxes on income up to $200,000?

15.3% Signup and view all the answers

Which of the following statements about Medicaid is true?

Eligibility is generally for low-income individuals. Signup and view all the answers

What does ERISA establish for private retirement plans?

Management standards and record-keeping Signup and view all the answers

What is the primary goal of the Pension Benefit Guaranty Corporation (PBGC)?

Ensure payment of private pension plan benefits Signup and view all the answers

Which of the following Medicare parts is known for allowing individuals to receive healthcare services through a provider organization?

Part C Signup and view all the answers

Which statement about employers and retirement plans is true?

Employers must comply with federal standards if they establish plans. Signup and view all the answers

What is the primary purpose of PBGC insurance?

To provide benefits if a pension plan cannot pay them Signup and view all the answers

Who is generally eligible for unemployment insurance?

Individuals who lost jobs due to layoffs or office closures Signup and view all the answers

What is a requirement for claiming unemployment benefits?

Must actively search for work or pursue training Signup and view all the answers

How can employees continue their health care coverage after losing their job under COBRA?

By paying the full health plan premium Signup and view all the answers

What are the potential penalties for failing to comply with HIPAA?

Civil penalties of up to $25,000 per year Signup and view all the answers

What does the EPCA prohibit?

Interception of communications without employee consent Signup and view all the answers

What is the Business Extension Exception under EPCA?

It does not apply to communications on personal devices Signup and view all the answers

Which of the following employers is exempt from the EPPA?

Public employers requiring lie detector tests Signup and view all the answers

What is a requirement for drug testing by private employers?

Should be random or reasonable Signup and view all the answers

What does the Fourth Amendment prohibit regarding public employee drug testing?

Unreasonable searches in drug testing Signup and view all the answers

When must an employee claim benefits after job loss to be eligible for unemployment insurance?

Within 2 months Signup and view all the answers

Which group is typically NOT permitted to require lie detector tests?

Organizations with less than $500,000 in sales Signup and view all the answers

How are COBRA benefits affected if an employee is fired for gross misconduct?

The employee is ineligible for COBRA benefits Signup and view all the answers

Study Notes

Employment Law

Independent Contracts: Employees can be terminated at any time without reason by either party (at-will doctrine), except in certain cases.
Contract Theory: Express contracts (explicitly stating job conditions) and implied contracts (reasonable expectations from terms) are considered.
Tort Theory: Improper discharge can result in lawsuits, including claims of abusive discharge.
Public Policy: Whistleblowing is protected under statutes and common law.

Whistleblowing Statutes

ADA: Americans with Disabilities Act protects employees with disabilities.
FMLA: Family and Medical Leave Act allows employees to take leave for family or medical reasons.
OSHA: Occupational Safety and Health Act ensures safe workplaces.
Statutory Rights: Employees have statutory rights to refuse unlawful acts, like jury duty, or exercise statutory rights like filing for worker's compensation if injured.

Fair Labor Standards Act (FLSA)

Child Labor Restrictions: Limits hours and types of work for minors based on age.

Overtime

Minimum wage: Federal minimum wage is $7.25 per hour, but states may have higher minimums.
Overtime hours: Extra hours beyond 40 in a workweek are usually paid at 1.5 times the regular hourly wage.
Salary Threshold: Employees who earn more than a certain amount (typically $35,568) are usually not entitled to overtime pay.

WARN Act

Federal Law: Requires large employers to provide 60 days' notice of mass layoffs or plant closings that affect a certain number of employees.

Layoffs

State Laws: Many states have laws requiring notice of mass layoffs that may be more strict than federal law.

Family and Medical Leave Act (FMLA)

Federal Law: Allows employees to take unpaid leave for family and medical emergencies.

Workers' Compensation

Coverage: Injuries arising from work (even with employer's negligence).
Commute: Commutes are not considered work-related unless specifically part of essential work-related tasks.

Employers with 11+ Employees

OSHA Compliance: Employers must maintain records of workplace injuries and illnesses and comply with safety standards.
Workers' Compensation: Employers must maintain workers' compensation coverage.

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Description

Test your knowledge on key employment law principles, including the Family and Medical Leave Act (FMLA), Social Security contributions, and various leave policies. This quiz covers essential concepts that every employee and employer should understand to navigate the complexities of employment regulations effectively.