Employment law 2013: Compliance quiz for managers
Legal complaints filed by employees against their employers have risen dramatically over the past decade. Managers can do their part to prevent legal disputes by knowing the basics of employment law.
How well do you know the law? Take this quick quiz:
1. What are the most popular types of job discrimination complaints (in order) filed by employees?
a. Age, race, disability
b. Retaliation, race, sex
c. Sex, race, retaliation
2. If an hourly employee works overtime hours that weren’t approved by his or her manager, federal law says the organization:
a. Can dock the employee’s full pay for those unapproved work hours
b. Can dock only half his or her pay
c. Cannot dock the employee’s pay
3. At what age are workers protected by the federal Age Discrimination in Employment Act (ADEA)?
a. 40
b. 50
c. 55
4. True or False? To be eligible for job-protected leave under the federal Family and Medical Leave Act (FMLA), employees must specifically request “FMLA leave” to their managers or employers.
a. True
b. False
5. Which of these interview questions would not raise legal concerns under disability discrimination law?
a. “Have you had a major illness?”
b. “Have you ever filed for workers’ compensation benefits?”
c. “How well can you handle stress?”
6. Federal law says terminated employees must be paid their final paychecks:
a. Within 72 hours of the termination
b. By the next regular payday, but within 14 days
c. No federal law exists, but some states do set such laws
7. True or False? Federal disability law says it’s illegal to discriminate against overweight people in the hiring, firing and other job issues.
a. True
b. False
8. Federal law sets limits on the number of hours and types of tasks you can assign young workers. At what age, under federal law, can employees perform any job and with no hours limits?
a. 17 years old
b. 18 years old
c. 19 years old
Answers, lessons learned & online resources
1. B. Retaliation, race, sex. The federal law that makes it illegal to discriminate based on a worker’s age, race, sex, religion or disability, also makes it illegal to retaliate against employees for voicing complaints about discrimination. Learn more here.
2. C. Cannot dock pay for unapproved hours. U.S. Department of Labor rules say, “Time spent doing work not requested by the employer, but still allowed, is generally hours worked.” Instead of docking pay, managers should hand down discipline for off-the-clock hours. Learn more about pay docking here.
3. A. 40 years old. Some states do have laws that protect younger workers from age discrimination. Learn more here.
4. B. False. To assert their FMLA rights, workers don’t need to mention the FMLA. It’s the employer’s responsibility to identify qualifying leave requests based on employees’ comments. Managers should forward such info to HR. Find an FMLA overview here.
5. C. How well can you handle stress? When judging the legitimacy and validity of any question as it relates to disability issues, ask yourself: Does the question focus on disability or on the person’s ability to perform the job? Find the EEOC’s Guide to Pre-Employment Inquiries here.
6. C. No federal law exists. Some states may require quicker payment. Find a state-by-state list of the timing and contents of final pay in “State Laws On Final Pay: What And When To Pay Terminating Employees.”
7. B. False. No federal law specifically makes job discrimination against overweight people unlawful. Still, many people can connect their obesity to a health problem that’s protected under the Americans with Disabilities Act (ADA). So it’s legally wise to ignore applicants’ weight. Note: One state (Michigan) and a handful of cities do make job bias against overweight people illegal. Learn more in “Cut the fat: Can you reject obese applicants?”
8. B. 18 years old. Federal law sets hour and task duties for 14- and 15-year-olds. Workers 16 and 17 are not limited in hours, but can work only in certain non-hazardous jobs. Employees 18 and older can work any job for unlimited time. Some states set their own laws. Find laws for all states here.
