CLM CLM Employment Law & Labor Relations 2 — Questions and Answers
Question 1: The Family and Medical Leave Act (FMLA) entitles eligible employees to how many weeks of unpaid, job-protected leave per year?
- 12 weeks (Correct answer)
- 6 weeks
- 8 weeks
- 16 weeks
Correct answer: 12 weeks
FMLA provides up to 12 weeks of unpaid, job-protected leave per 12-month period for qualifying family and medical reasons.
Question 2: Which type of harassment occurs when a supervisor conditions employment benefits on an employee's submission to unwelcome sexual conduct?
- Quid pro quo harassment (Correct answer)
- Hostile work environment harassment
- Constructive discharge
- Disparate impact discrimination
Correct answer: Quid pro quo harassment
Quid pro quo harassment involves conditioning job benefits or continued employment on the employee's response to unwelcome sexual conduct.
Question 3: Under the Age Discrimination in Employment Act (ADEA), which group is protected from employment discrimination?
- Workers aged 40 and older (Correct answer)
- Workers aged 50 and older
- All workers regardless of age
- Workers aged 65 and older
Correct answer: Workers aged 40 and older
The ADEA protects employees and applicants who are 40 years of age or older from age-based discrimination.
Question 4: What distinguishes an independent contractor from an employee for employment law purposes?
- The degree of behavioral and financial control exercised by the hiring party (Correct answer)
- Whether the worker is paid hourly or by project
- The duration of the working relationship
- Whether the worker uses their own equipment
Correct answer: The degree of behavioral and financial control exercised by the hiring party
The IRS and courts primarily examine control — whether the hiring party controls how, when, and where work is performed — to classify workers.
Question 5: Which act requires federal contractors to pay prevailing wages to workers on public works projects?
- Davis-Bacon Act (Correct answer)
- Walsh-Healey Public Contracts Act
- Service Contract Act
- Equal Pay Act
Correct answer: Davis-Bacon Act
The Davis-Bacon Act requires federal construction contractors to pay locally prevailing wages and fringe benefits.
Question 6: An employer's policy that appears neutral but disproportionately excludes members of a protected class is known as:
- Disparate impact discrimination (Correct answer)
- Disparate treatment discrimination
- Retaliation
- Constructive discharge
Correct answer: Disparate impact discrimination
Disparate impact occurs when a facially neutral policy has a disproportionate adverse effect on a protected group, even without discriminatory intent.
CLM CLM Employment Law & Labor Relations 2
The Family and Medical Leave Act (FMLA) entitles eligible employees to how many weeks of unpaid, job-protected leave per year?