OA Exams

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  • December 3, 2024

Question 41

Which of the following is an illegal action under the Fair Labor Standards Act (FLSA)?

a) Paying a salaried employee overtime for working more than 40 hours
b) Paying a non-exempt employee less than the federal minimum wage
c) Offering employees paid vacation
d) Allowing employees to take breaks during the workday

Correct Answer: b) Paying a non-exempt employee less than the federal minimum wage

Explanation: The FLSA sets the federal minimum wage, and paying non-exempt employees less than this amount is a violation of the law.

Question 42

Which of the following is considered an unfair labor practice under the National Labor Relations Act (NLRA)?

a) Providing health insurance to unionized workers
b) Offering bonuses to union workers
c) Refusing to bargain collectively with a union
d) Allowing union members to participate in company elections

Correct Answer: c) Refusing to bargain collectively with a union

Explanation: Under the NLRA, it is an unfair labor practice for employers to refuse to bargain in good faith with a union that represents their employees.

Question 43

. An employee claims they were passed over for promotion due to their age. Which law would apply to this situation?

a) Age Discrimination in Employment Act (ADEA)
b) Fair Labor Standards Act (FLSA)
c) Family and Medical Leave Act (FMLA)
d) Equal Pay Act (EPA)

Correct Answer: a) Age Discrimination in Employment Act (ADEA)

Explanation: The ADEA prohibits employment discrimination against individuals who are 40 years of age or older, including being passed over for promotions due to age.

Question 44

Which law provides employees with the right to take leave to care for a newborn child?

a) Fair Labor Standards Act (FLSA)
b) Family and Medical Leave Act (FMLA)
c) Americans with Disabilities Act (ADA)
d) Equal Employment Opportunity Act

Correct Answer: b) Family and Medical Leave Act (FMLA)

Explanation: The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave for family and medical reasons, including caring for a newborn child.

Question 45

 Which of the following actions is prohibited by the Employee Polygraph Protection Act (EPPA)?

a) Requiring job applicants to submit to a polygraph test
b) Offering drug testing to new employees
c) Conducting random background checks on employees
d) Providing security screenings for employees in sensitive roles

Correct Answer: a) Requiring job applicants to submit to a polygraph test

Explanation: The EPPA generally prohibits most private employers from requiring employees or job applicants to take polygraph tests as a condition of employment.

Question 46

Which law requires employers to complete Form I-9 to verify the work eligibility of new hires?

a) Fair Labor Standards Act (FLSA)
b) Immigration Reform and Control Act (IRCA)
c) Family and Medical Leave Act (FMLA)
d) Occupational Safety and Health Act (OSHA)

Correct Answer: b) Immigration Reform and Control Act (IRCA)

Explanation: The IRCA requires employers to verify the identity and work authorization of all new employees by completing Form I-9.

Question 47

. Which law prohibits discrimination against employees based on their genetic information?

a) Equal Pay Act (EPA)
b) Genetic Information Nondiscrimination Act (GINA)
c) Family and Medical Leave Act (FMLA)
d) Americans with Disabilities Act (ADA)

Correct Answer: b) Genetic Information Nondiscrimination Act (GINA)

Explanation: GINA prohibits employers from using an employee’s genetic information in employment decisions, such as hiring, firing, or promotions.

Question 48

Which of the following is a form of vicarious liability under employment law?

a) Holding an employer responsible for the negligent actions of an employee during the scope of employment
b) An employee being held personally responsible for a co-worker’s actions
c) An employer being responsible for an employee’s activities outside of work
d) An employee being held liable for an injury to a customer

Correct Answer: a) Holding an employer responsible for the negligent actions of an employee during the scope of employment

Explanation: Vicarious liability holds an employer responsible for the actions or negligence of their employees when those actions occur within the scope of employment.

Question 49

Which of the following is an example of quid pro quo sexual harassment?

a) A co-worker makes an inappropriate joke about another employee’s appearance
b) A supervisor offers a promotion in exchange for sexual favors
c) An employee is fired for reporting workplace misconduct
d) An employee is denied a raise for failing to meet performance goals

Correct Answer: b) A supervisor offers a promotion in exchange for sexual favors

Explanation: Quid pro quo harassment occurs when job benefits, such as a promotion, are offered in exchange for sexual favors or threatened if they are not given.

Question 50

Which law requires employers to provide reasonable accommodations to qualified employees with disabilities?

a) Fair Labor Standards Act (FLSA)
b) Family and Medical Leave Act (FMLA)
c) Americans with Disabilities Act (ADA)
d) Immigration Reform and Control Act (IRCA)

Correct Answer: c) Americans with Disabilities Act (ADA)

Explanation: The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship to the business.

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