CERs Legal Compliance & Labor Regulations 3 — Questions and Answers
Question 1: The Genetic Information Nondiscrimination Act (GINA) Title II prohibits employers from using genetic information in which employment decisions?
- Compensation decisions only
- Hiring, firing, pay, and other terms and conditions of employment (Correct answer)
- Health insurance underwriting only
- Workers' compensation determinations
Correct answer: Hiring, firing, pay, and other terms and conditions of employment
GINA Title II broadly bars employers from using genetic information — including family medical history — in any employment decision, including hiring, termination, pay, and working conditions.
Question 2: Under the FLSA, which of the following workers is generally considered NON-EXEMPT from overtime pay requirements?
- A salaried marketing manager earning $70,000 per year with discretionary authority
- A part-time hourly warehouse picker earning $18/hour (Correct answer)
- A licensed outside sales representative paid entirely on commission
- A computer professional earning $27.63 or more per hour in systems analysis
Correct answer: A part-time hourly warehouse picker earning $18/hour
Hourly non-managerial workers typically do not qualify for white-collar exemptions, making them entitled to overtime pay at 1.5× their regular rate for hours over 40 in a workweek.
Question 3: A staffing agency places a temp worker at a client site. If the temp works 40+ hours, which entity is responsible for paying overtime under the FLSA?
- The client company exclusively
- The staffing agency as the employer of record (Correct answer)
- The federal government through unemployment insurance
- Neither — temps are independent contractors by definition
Correct answer: The staffing agency as the employer of record
The staffing agency, as the employer of record for the placed worker, bears primary FLSA obligations including overtime pay, though joint-employer liability may extend to the client.
Question 4: Which federal agency is responsible for enforcing the Immigration and Nationality Act's employment eligibility verification (Form I-9) requirements?
- Equal Employment Opportunity Commission (EEOC)
- Department of Labor (DOL)
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Immigration and Customs Enforcement (ICE) (Correct answer)
Correct answer: U.S. Immigration and Customs Enforcement (ICE)
ICE's Homeland Security Investigations unit audits I-9 forms and enforces employer sanctions for knowingly hiring unauthorized workers under the INA.
Question 5: The Pregnancy Discrimination Act (PDA) requires employers to treat pregnant employees:
- More favorably than other employees to accommodate pregnancy
- The same as other employees who are similar in their ability or inability to work (Correct answer)
- As a separate protected class eligible for mandatory leave
- Only equally in hiring, not during active employment
Correct answer: The same as other employees who are similar in their ability or inability to work
The PDA amended Title VII to require that pregnant workers be treated the same as non-pregnant workers with similar work capacity limitations — no better, no worse.
Question 6: A recruiter is asked by a client to find candidates for a position that pays differently based on national origin. This request violates which law?
- The Immigration Reform and Control Act (IRCA)
- Title VII of the Civil Rights Act of 1964 (Correct answer)
- The Occupational Safety and Health Act (OSHA)
- The Employee Retirement Income Security Act (ERISA)
Correct answer: Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination based on national origin, including pay disparities tied to an employee's country of origin or ancestry.
Question 7: Under the National Labor Relations Act (NLRA), which of the following recruiter or employer actions is considered an Unfair Labor Practice (ULP)?
- Asking candidates about salary history in states where it is permitted
- Prohibiting employees from discussing wages with coworkers (Correct answer)
- Conducting background checks before extending offers
- Requiring new hires to complete mandatory arbitration agreements
Correct answer: Prohibiting employees from discussing wages with coworkers
Section 7 of the NLRA protects employees' rights to discuss wages and working conditions with coworkers; a blanket ban on such discussions is a classic Unfair Labor Practice.
CERs Legal Compliance & Labor Regulations 3
The Genetic Information Nondiscrimination Act (GINA) Title II prohibits employers from using genetic information in which employment decisions?