Pre-Test
The Legal Side of HR Practice
Course Code 97007
INSTRUCTIONS: Record your answers on one of the scannable forms enclosed. Please follow the directions on the form carefully. Be sure to keep a copy of the completed answer form for your records. No photocopies will be graded. When completed, mail your answer form to:
Educational Services
American Management Association
P.O. Box 133
Florida, NY 10921
If you are viewing the course digitally, the scannable forms enclosed in the hard copy of AMA Self-Study titles are not available digitally. If you would like to take the course for credit, you will need to either purchase a hard copy of the course from www.amaselfstudy.org or you can purchase an online version of the course from www.flexstudy.com.
1. In general, unemployment benefits are based on a percentage of an individual’s earnings over a recent ___-week period—up to a state maximum amount.
(a) 12
(b) 24
(c) 52
(d) 36
2. To be covered by the Family and Medical Leave Act a private sector employer must have employed ___ or more employees for each working day during each of ___ or more calendar workweeks in the current or preceding calendar year.
(a) 50, 10
(b) 25, 20
(c) 50, 15
(d) 50, 20
3. An employee has ___ days after receiving a Qualifying Events Notice to choose health insurance coverage for themselves or their dependents under COBRA.
(a) 15
(b) 30
(c) 45
(d) 60
4. An employer is liable for the wrongful acts of its employees committed in the course of their employment because of the doctrine of:
(a) quid pro quo.
(b) respondeat superior.
(c) nunc pro tunc.
(d) laches.
5. In the ___________________ doctrine the employer occupies, in addition to its capacity as employer, a second capacity that confers on it obligations independent of those imposed on it as an employer.
(a) dual-capacity
(b) duality
(c) dual-purpose
(d) deus ex machina
6. Employers may not pay unequal wages to men and women who perform jobs that require substantially equal ____, ____, and ____, and that are performed under similar working conditions within _____________________.
(a) skill, education, responsibility, the past 12 months
(b) skill, managerial responsibility, education, the same establishment
(c) skill, effort, responsibility, the same establishment
(d) years of experience, education, responsibility, the past 24 months
7. The Fair Labor Standards Act requires:
(a) minimum vacation, holiday, severance, and sick pay.
(b) minimum wage and overtime pay standards.
(c) minimum meal or rest periods, holidays off, and vacations.
(d) minimum premium pay for night, weekend, or holiday work.
8. Protected groups under federal law are those based on:
(a) race/color, religion, national origin, sex, life style, pregnancy, age (40 years old and over), disability, and genetic information.
(b) race/color, religion, marital status, national origin, sex, pregnancy, age (40 years old and over), disability, and genetic information.
(c) race/color, religion, national origin, sex, pregnancy, age (40 years old and over), disability, and genetic information.
(d) race/color, religion, national origin, sex, gender identity, pregnancy, age (40 years old and over), disability, and genetic information.
9. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects certain rights of persons who serve or have served in the:
(a) Armed Forces, Reserves, Central Intelligence Agency, National Guard or other “uniformed services.”
(b) Armed Forces, Reserves, National Guard, National Institutes of Science, or other “uniformed services.”
(c) Armed Forces, Reserves, National Guard, or other “uniformed services” serving with U.S. -troops in conflicts recognized by the Secretary of Defense.
(d) Armed Forces, Reserves, National Guard, or other “uniformed services.”
10. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) applies to all public sector employers and private sector employers with _____________________________________ or more employees.
(a) 15
(b) 1
(c) 50 or more during 20 weeks or more during the current or immediate past calendar year
(d) 20
11. The Occupational Safety and Health Act covers employers with ____ employees.
(a) 1
(b) 5
(c) 10
(d) 15
12. Employers with ___ or more employees must have all new hires fill out Section 1 of the Form I-9.
(a) 15
(b) 1
(c) 20
(d) 4
13. The general statute of limitations for FLSA overtime and minimum wage violations is ___ year(s).
(a) 1
(b) 5
(c) 2
(d) 4
14. Employees who are paid less than a salary of ___ per week are nonexempt under the Fair Labor Standards Act.
(a) $255
(b) $555
(c) $725
(d) $455
15. Under a “contractor-under” or a “statutory employer” statute general contractors are treated as ________________ of the employees of subcontractors.
(a) a “secondary employer”
(b) being vicariously liable for the sexual harassment
(c) the de minimis employer
(d) the employer of official record
16. Under the Equal Pay Act, in correcting a pay differential:
(a) it is permissible to uniformly lower all employees’ pay down to a lower level.
(b) the pay of the male comparator may be lowered to the same level as the female complainant’s.
(c) the pay of the lower paid employee(s) must be increased.
(d) the comparative worth of different types of jobs must be taken into account.
17. ________________ must participate in the E-Verify program.
(a) Federal contractors with contracts totaling at least $1 million
(b) Federal contractors
(c) Federal contractors with contracts totaling at least $750,000
(d) Federal contractors with contracts totaling at least $50,000 during each of the past five calendar years
18. The Occupational Safety and Health Act does not apply to:
(a) Indian tribes.
(b) Clergy injured while performing their religious duties.
(c) Clergy injured while changing a light bulb in their religious facilities.
(d) Self-employed individuals with fewer than four employees.
19. Under the Title VII structure, in states without a fair employment practice act the aggrieved party must file their claim with the Equal Employment Opportunity Commission within _____ days of the last time the discriminatory action took place or _____ days in states with a FEPA.
(a) 180, 300
(b) 120, 300
(c) 45, 180
(d) 180, 240
20. A written warning should have the following part(s):
(a) a detailed explanation of the policy that was violated, reference to the employer’s Employee Assistance Program, and the employee’s promise not to engage in the unacceptable behavior in the future.
(b) a statement about the past, a statement about the present, and a statement of the future.
(c) an enumeration of each former warning, oral or written, provided to the employee.
(d) a statement of how the employee’s actions violated the company’s policies and the employee’s signature accepting the organization’s position.
21. To qualify for the administrative exemption under the Fair Labor Standards Act the employee:
(a) must have a primary duty of office or non-manual work directly related to the management policies or general business operations of the employer or its customers.
(b) must regularly supervise one or more full time employee(s).
(c) must regularly supervise two or more full time employees or their equivalent.
(d) must be paid a salary of no less than $355 per week.
22. An employee is allowed up to ___ weeks of exigency military leave under the Family and Medical Leave Act for a step-parent that raised them but never adopted them.
(a) 0
(b) 6
(c) 8
(d) 12
23. Which Title of the Americans with Disabilities Act deals with the hiring, treatment, and accommodation of applicants and employees with disabilities?
(a) I
(b) II
(c) III
(d) IV
24. To be exempt under the Fair Labor Standards Act an outside salesperson must be paid a minimum salary of ___ per week.
(a) $455
(b) $345
(c) $255
(d) $0
25. The key to an employer’s ability to monitor employee behavior in the workplace is:
(a) the employer’s sexual harassment policy.
(b) the employee’s written consent.
(c) the employee’s reasonable expectation of privacy.
(d) the employer’s ethics policies.