Human Resources and Personnel Management Flashcards

When a community association employs on-site staff directly, who is legally the employer of record?

Answer: The community association as a legal entity

When staff are direct employees, the association as a legal entity is the employer of record and bears all employer obligations including payroll taxes, workers' compensation, and compliance with labor law.

An HOA manager hires a landscaping crew as independent contractors. Which of the following factors most strongly supports worker classification as an employee rather than an independent contractor?

Answer: The association controls how, when, and where the work is performed

The IRS and most courts focus on the degree of behavioral and financial control; if the association controls the manner and method of work, the worker is likely an employee.

Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid overtime at a rate of at least:

Answer: Time and a half (1.5×) for all hours over 40 in a workweek

The FLSA requires non-exempt employees to receive at least 1.5 times their regular rate of pay for all hours worked beyond 40 in a single workweek.

A community association with 15 or more employees is subject to which federal anti-discrimination law?

Answer: Title VII of the Civil Rights Act of 1964

Title VII applies to employers with 15 or more employees and prohibits discrimination based on race, color, religion, sex, and national origin.

Which document establishes the terms and conditions of employment for association staff and reduces misunderstandings about job expectations?

Answer: A written job description and employee handbook

A written job description and employee handbook set clear expectations regarding duties, policies, benefits, and disciplinary procedures, reducing disputes and legal exposure.

When conducting a performance review for an on-site association employee, the manager should:

Answer: Document specific, measurable performance observations tied to job duties

Effective performance reviews use documented, job-specific, measurable feedback that provides a legal record and guides employee development.