Questions And Answers
Anthony is a non managerial employee of FedCo who recently turned 65. FedCo has a
mandatory retirement policy that requires Jerry to retire. Under the policy, Jerry will receive an
annual retirement benefit of $45,000 Under federal law, is FedCo's mandatory retirement policy
lawful? - ANS False
Is post-traumatic stress disorder likely to fall under the ADA? - ANS Yes
Which statement regarding employment at will is false. - ANS An employee may be fired
for refusing to perform a task, even if that task is illegal.
Your policy is to reference check all candidates prior to making a referral to a client. Do you
need consent from the candidate to share positive reference information with clients ? - ANS
Yes
Pennsylvania's law prohibiting age discrimination protects individuals regardless of their age. -
ANS False
In employee leasing, a service that offers human resource outsourcing, the leasing firm
assumes the legal but not the administrative responsibilities of an employer for certain functions.
- ANS False
Because of his intoxication, Henry fell while working on an assignment with Talented Staffing
and injured his leg.Under Pennsylvania law, does Henry need to be compensated for time out of
work due to his injury? - ANS No
The Microsoft case is a landmark co-employment case related to - ANS Benefit plans
May a staffing firm require the OSHA officers to have a warrant before sharing information? -
ANS Yes
For the purposes of the 1-9 form, a staffing agency may rehire an employee within ____ year(s)
of their last day worked - ANS three
A staffing firm may choose to have pre-employment drug testing for specific roles. - ANS
True
, Before hiring a candidate, it is appropriate and lawful for a prospective employer to pursue the
following lines of inquiry, except - ANS If the applicant is married and plans to have children
Under the Americans With Disabilities Act, an employer may require applicants to take physical
fitness tests. - ANS True
Liability arising out of a staffing firm and client's co-employment relationship generally is not
"joint and severable." - ANS True
Your client would like to pay the contract employees working for him holiday pay. Is that
permissible under the FLSA rules? - ANS Yes
Lisa was placed with BadCo last week by FedCo, a local staffing firm. Lisa worked with BadCo
for a total of 43 hours. BadCo and FedCo are jointly and individually liable to Lisa for the
payment of overtime wages under theFLSA - ANS True
Can the use of E-Verify be a substitute for 1-9 verification? - ANS No
It is lawful to drug test only employees who perform certain sensitive jobs rather than all
employees. - ANS True
Who has primary responsibility for keeping records of hours worked by temporary workers? -
ANS Staffing firms
Co-employment is likely to exist in most staffing arrangements. Both the client and the staffing
company must understand their obligations. - ANS True
Anthony is the Personnel Director for FedCo. He was recently asked by his boss to clean out his
messy office.However, Anthony stores all of FedCo's personnel and employment records in his
office. Under federal law, FedCo must keep employment records for how long after the date the
record is made or the action is taken (whichever is later)? - ANS One year
Jerry was an employee of FedCo when he was called to active duty by the U.S. Army. Jerry was
released from active duty three years later. How long does Jerry have to apply for
reemployment with FedCo under the federal Uniformed Services Employment and
Re-Employment Rights Act? - ANS 90 days
Under the FLSA, immediately after initial employment, employers may pay a subminimum or
"youth minimum"rate for up to 90 calendar days. The subminimum rate must be above - ANS
$4.25 per hour