2012 Employment and Labor Law Final Exam

December 5, 2012 – As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks. But before we send out the answers, be sure to email your responses to [email protected] by Friday, December 14. If you score 100 percent, you will be entered to win a prize. Winners will be announced when the answer key is released.

Like last year, this is an open book, open notes exam. Good luck!

1. Under the Family and Medical Leave Act (FMLA), which of the following statements is true?

• The employee must have been employed for at least 12 consecutive months by the employer.
• The employee must have worked for the employer at least 1,250 hours during the 12 months preceding the commencement of the leave.
• The employee must have been employed at a work site where the employer has at least 25 employees within a 75-mile radius as measured by surface road miles.

(a) Only the first statement is true.

(b) Only the second statement is true.

(c) All three statements are true.

(d) Only the first and second statements are true.

2. The Fair Labor Standards Act (FLSA) generally permits employers to make deductions from an exempt employee’s pay for which of the following reasons:

• For time taking leave under the Family Medical Leave Act (FMLA)
• For half-day absences because of the employee’s illness

(a) Only deductions for FMLA leave are permissible.

(b) Only deductions for half-day absences for illness are permissible.

(c) Both deductions are generally permissible.

(d) Neither type of deduction is generally permissible.

3. In South Carolina and North Carolina, employers who must comply with state immigration laws requiring the use of E-Verify to confirm an individual’s eligibility to work in the United States are not required to also complete an I-9 form for the individual.

(a) True

(b) False

4. Which of the following statements is true regarding the Uniformed Services Employment and Reemployment Rights Act (USERRA) and/or the Americans with Disabilities Act (ADA):

• USERRA requires an employer to place a qualifying, returning service member in the position the individual would have held if the individual had not been absent from work for military service.
• The ADA allows an employer to refuse to hire a veteran who suffers from post-traumatic stress disorder (PTSD) as a result of the veteran’s military service.
• A returning veteran who has been absent due to service for more than 180 days may not be terminated for any reason for at least one year following return to employment.

(a) All three statements are true.

(b) None of the statements are true.

(c) Only the second and third statements are true.

(d) Only the first statement is true.

5. Which of the following is NOT a requirement of the Older Workers Benefit Protection Act (OWBPA) for a valid release of age discrimination claims under the Age Discrimination in Employment Act (ADEA)?

• The release must specifically refer to claims under the ADEA.
• The employee or former employee must be informed of the right to consult legal counsel before signing the release.
• The employee must be given at least 21 days to consider the release.
• The employee must be given the right to revoke the release within 10 days following its execution.

(a) The first and fourth provisions are not requirements for a valid release under the OWBPA.

(b) The second, third and fourth provisions are not requirements for a valid release under the OWBPA.

(c) The second provision is not a requirement for a valid release under the OWBPA.

(d) The fourth provision is not a requirement for a valid release under the OWBPA.