Navigating employment law compliance is getting more and more difficult. The myriad of federal, state, and local laws makes risk management very challenging for small and mid-sized businesses.
Test your knowledge of regulations that may impact your company. Below is a quiz regarding employment law compliance. Scroll to the end for the answers. Good luck!
1. For businesses that need to comply with the New Jersey Family Leave Act, how much unpaid family leave can an employee apply?
a) 4 weeks
b) 6 weeks
c) 12 weeks
d) 16 weeks
2. What does “right to work” mean?
a) Everybody has a God-given right to earn a livelihood through gainfiul employment.
b) Either the employee or the employer can terminate the employment relationship at any time and for any reason, or for no reason at all.
c) An employee cannot be required to join a union as a condition of employment.
d) Welfare-to-work. In other words, for an able-bodied person, getting off welfare and going back to work is the “right” thing to do. So, it’s “right” “to work”.
3. XYZ Company has a policy that prohibits its non-exempt office staff from working overtime unless the overtime has been authorized in advance. Joan constantly violates this rule. Which of the following can XYZ Company NOT do to rectify the situation?
a) Fire Joan for repeatedly violating the rule against working unauthorized overtime.
b) Stop paying Joan for the unauthorized hours. That’ll teach her.
c) Issue progressive discipline, up to and including termination of employment.
d) Make Joan leave on the nose at 5 p.m. (her regular quitting time) every evening.
4 How many hours of paid sick leave must an employer provide in New Jersey per benefit year?
a) 24 hours
b) 36 hours
c) 40 hours
d) 72 hours
5. What action can result in a claim of ‘wage theft’ under wage and hour law?
a) Not paying overtime
b) Not providing meal breaks
c) Not covering travel expenses
d) All of the above
6. Can an employer legally refuse to hire an individual because they have a disability?
a) Yes, if the disability prevents them from performing their role
b) Yes, if the employer has fewer than 15 employees
c) No, an employer never can
d) Yes, if reasonable adjustments cannot accommodate the individual
7. Which of the following workers is exempt from the minimum wage and overtime pay requirements according to the Fair Labor Standards Act?
a) Truck drivers
b) Salespeople
c) Executives
d) All of the above
8. What is the minimum lunch break requirement for an 8-hour shift required by the federal law?
a) No lunch break requirement
b) 15 minutes
c) 30 minutes
d) One hour
9. Can business owners legally make deductions from an employee’s wages for items that are necessary for the employee to do their job (i.e., uniforms, tools, etc.)?
a) Yes, always
b) Yes, but only under certain conditions
c) No
10. A new I-9 form was released in August of 2023. By what date in 2023 did you need to start using it?
a) September 1
b) October 15
c) November 1
d) December 31
11. Thanks to a proposed rule released by the DOL in August, employers might soon have to pay overtime to non-exempt workers who earn less than what annual salary?
a) $31,068
b) $43,068
c) $55,068
d) $67,068
12. All salaried employees are exempt from the overtime requirements of the Fair Labor Standards Act.
True or false?
Answers:
1. c -12 weeks
2. c -28 states have “right-to-work” laws. In non-right-to-work states, union membership can be required.
3. b -Employers can punish employees for working unauthorized overtime, and they can require employees to leave at their regular quitting times, but they can almost never withhold their wages.
4. c -40 hours (and other states, such as CA and NY, have similar mandates)
5. a-Not paying overtime (note, different jurisdictions could include other elements under wage theft)
6. d -Yes, if reasonable adjustments cannot accomodate the individual
7. d -All of the above
8. a -No lunch break requirement
9. b -Yes, but only under certain conditions
10. c -November 1, 2023
11. c -$55,068
12. False -Some employers mistakenly think that all salaried employees are automatically exempt. To the contrary, while being salaried is one of the requirements for white-collar exemptions, the employee must also satify the duties test–that is, qualify as an executive, administrator, or professional as defined in DOL regulations.
If you got all or most of these correct, kudos to you! Many of you, however, might have had difficulty in answering these, and that would be understandable based on the increased complexity of federal, state and local law.
Some clients of Marzano Human Resources Consulting employ people in multiple states, adding to the need for an extra level of vigilance to comply with federal, state, and local employment laws.
Let Marzano Human Resources Consulting help you navigate through the employment law maze. Reach out to schedule a consultation.