Human Resources & Talent Development Flashcards

Under the FLSA, a non-exempt enrollment agent who works 46 hours in one workweek is owed what?

Answer: Overtime at 1.5 times the regular rate for 6 hours

The FLSA requires time-and-a-half for hours worked over 40 in a workweek for non-exempt employees.

To be eligible for FMLA leave, an employee generally must have worked for a covered employer for how long?

Answer: 12 months and at least 1,250 hours in the prior 12 months

FMLA eligibility requires 12 months of employment and 1,250 hours worked at a site with 50+ employees within 75 miles.

Title VII of the Civil Rights Act and the ADA generally apply to employers with how many employees?

Answer: 15 or more

Both Title VII and ADA Title I cover employers with 15 or more employees.

A debt relief firm pays commission solely on the number of clients enrolled. What is the main compliance risk?

Answer: It may incentivize agents to enroll unsuitable consumers or overstate results

Volume-only incentives can drive misrepresentations and poor-fit enrollments, so plans should balance quality and compliance metrics.

An employee is fired shortly after reporting suspected advance-fee violations to a supervisor. What claim is the company most exposed to?

Answer: Retaliation

Adverse action following protected reporting of legal violations can support a retaliation or whistleblower claim.

Under the NLRA, can a non-union debt relief company prohibit agents from discussing their wages with each other?

Answer: No, wage discussions are generally protected concerted activity

The NLRA protects most non-supervisory employees' right to discuss pay and working conditions.

A company classifies its phone negotiators as independent contractors but sets their hours, scripts, and supervises them closely. What is the risk?

Answer: Misclassification liability for unpaid overtime, taxes, and benefits

Under the economic reality test, workers controlled like employees are likely employees regardless of the contract label.