2020 Employment and Labor Law Final Exam

As we come to the end of what will go down as a crazy year for HR professionals, it’s time to take a break and have some fun with Nexsen Pruet’s annual employment and labor law final exam. How well do you know employment and labor law? Can your knowledge win you a fabulous prize? Take the exam and find out!

We will send out answers to the exam on December 16, 2020. Participants who score 100 percent will be entered in the prize sweepstakes, and the winners will be selected when the answer key is released on December 16.

The final exam is open book, open notes, and Google friendly. Use your resources and good luck!

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1. To obtain a valid release of an age discrimination claim by a terminated employee who is 40 or older and is not part of a group reduction in force, an employer must allow the employee __ days to consider the release. To obtain a valid release of an age discrimination by a terminated employee who is 40 or older in a group reduction in force, an employer must allow the employee __ days to consider the release: *

(a) 21, 21

(b) 21, 45

(d) 14, 28

2. Under the Families First Coronavirus Response Act (“FFCRA”), employees may qualify for up to an additional 10 weeks of paid expanded FMLA leave at two-thirds the employee’s regular rate of pay for which of the following reasons: *

(a) The employee is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

(b) The employee is unable to work due to quarantine pursuant to a health care provider’s advice or order of government.

(c) The employee is unable to work due to a bona fide need to care for an individual who has COVID-19 or is subject to quarantine.

(e) All of the above

3. Under the Family and Medical Leave Act (“FMLA”), time spent working for an employer as a temporary employee counts toward the FMLA 12 month and 1,250 hour eligibility requirements, even when the temporary employee has been placed by a professional staffing firm or employee leasing agency. *

(a) True

(b) False

4. Under the Fair Labor Standards Act (“FLSA”), which of the following deductions from salary will not convert an exempt worker into an overtime-eligible worker:

(a) Full day absences for personal reasons other than sickness or disability.

(b) Full day absences due to illness or injury if bona fide sick pay/disability plans are in place or the employee takes unpaid FMLA leave.

(d) All of the above.

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5. To qualify for the FLSA’s “administrative exemption, which of the following tests must be met: *

(a) The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers, including the exercise of discretion and independent judgment with respect to matters of significance.

(b) The employee must have a college degree or acquire their knowledge of how to perform their job through a prolonged course of specialized intellectual instruction.

(d) A & C only.

(e) All of the above.

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