Employment Law Basics Quiz

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers with 100 or more employees to provide advance notice of plant closings or mass layoffs.

Many states have their own laws requiring employers to give notice before mass layoffs, which may be more strict than the federal WARN Act.

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave for family or medical reasons.

Employers with 50 or more employees must provide up to 12 weeks of unpaid leave in a year to eligible employees who have worked for at least a year.

Employees must notify their employer in writing about their eligibility for FMLA leave.

A legal doctrine that allows employers to terminate employees at any time, for any reason, without notice, unless there is a contract stating otherwise.

A legal theory that allows employees to sue their employers for wrongful termination based on the employer's actions.

When an employer fires an employee for a reason that violates public policy, such as reporting illegal activity.

A federal law that sets minimum wage, overtime pay, and child labor standards for employees.

The minimum hourly wage that employers must pay their workers.

Overtime pay is 1.5 times the regular hourly rate for hours worked beyond 40 hours per week.

A federal law that requires large employers to provide a 60-day notice before a mass layoff or plant closure.

A layoff that affects over 1/3 of an employer's workforce.

A closure of a company's facility that affects 50 or more full-time workers.

A type of employment contract where an employee is hired for a specific period of time, with a definite end date.

A federal program providing retirement, disability, & survivor benefits funded by employer and employee contributions.

This law allows eligible employees to take unpaid leave for family or medical reasons.

The maximum amount of earnings subject to Social Security tax each year.

Both employers and employees must contribute to Social Security.

The tax paid by both employers and employees to fund Social Security.

If an employee accepts workers' compensation for an injury, they cannot sue their employer for negligence.

A system designed to assist individuals in obtaining disability benefits from Social Security.

The Family and Medical Leave Act (FMLA) requires employers to provide unpaid leave for eligible employees for certain family and medical reasons, such as the birth or adoption of a child, the care of a seriously ill family member, or the employee's own serious health condition.

During FMLA leave, an employer is not required to pay wages, but they must continue providing health insurance coverage. After the leave, the employee should be reinstated to a similar or better position, unless they were a 'key employee' (earning in the top 10% of the company).

If an employer violates the FMLA, they can be required to pay damages to compensate employees for lost benefits, compensation, and actual monetary losses. They may also need to reinstate the employee, offer promotions, and cover court costs.

An employer MUST provide notice to an employee when an absence will count as authorized FMLA leave. The employee must ask the employer for this notice, and the notice must be in writing.

The Occupational Safety and Health Act (OSHA) imposes a duty on employers to maintain a safe workplace for their employees. OSHA establishes safety standards for various industries, including the use of safety equipment like hard hats, fire extinguishers, gloves, and goggles.

An employer cannot fire or discriminate against an employee who refuses to work because they believe the workplace is unsafe. An employee's safety concerns are taken seriously by OSHA.

Employers with 11 or more employees are required to keep records of all work-related injuries or diseases. Additionally, all employers covered by OSHA must report any work-related death or 3+ hospitalizations within 8 hours of the incident, and any other inpatient hospitalizations, amputations, or loss of an eye within 24 hours.

OSHA mandates employers to establish safe work practices and provide training to prevent work-related injuries and illnesses.

A federal health insurance program available to individuals aged 65 or older, and those under 65 with certain disabilities, who have earned 40 credits through Social Security.

Funded by both employee and employer contributions through payroll taxes. Self-employed individuals pay both portions, totaling 15.3%.

Covers hospital costs and is typically automatically available to eligible individuals.

Covers medical expenses; individuals pay a premium for coverage.

Allows individuals to receive comprehensive healthcare through a provider organization. Requires opt-in and often has additional payment requirements.

Provides prescription drug coverage. Individuals must opt-in and pay a monthly premium.

A state-run program providing health insurance to low-income individuals, typically those below the poverty line.

The Employee Retirement Income Security Act (ERISA) sets standards for private retirement plans, including record keeping, investment management, and vesting rules.

An independent federal agency that guarantees the payment of benefits from private pension plans in case of plan failure.

False. Employers are not required to provide retirement plans; however, if they establish a private plan, it must comply with ERISA.

A federal program that provides financial assistance to workers who have lost their jobs through no fault of their own. It is funded through taxes paid by employers.

A federal law that allows eligible employees to take unpaid leave for medical reasons or to care for a family member.

A legal theory that allows employees to sue their employers for wrongful termination if the termination violates public policy, such as firing someone for refusing to break the law.

A law that protects employee health information privacy and security.

A federal law that protects employee privacy in electronic communications, but allows employers to monitor communications on employer-owned devices if they provide notice. Not every employer is subject to ECPA.

A test that measures honest answers and is generally prohibited by the Employee Polygraph Protection Act.

A test that detects the presence of drugs in a person's system. Private employers may conduct these tests depending on state law, while public employers are subject to constitutional limitations.

A federal agency that ensures the stability of private pension plans. It collects insurance premiums from pension plans and provides benefits if a plan becomes insolvent.

A federal law that requires employers to provide health insurance coverage to employees who lose their jobs, allowing them to continue coverage for up to 18 months.

Balancing the employer's interest in monitoring employee activity with the employee's reasonable expectation of privacy.