Labor Laws & Employment Regulations Flashcards
7 cards from real CPC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Labor Laws & Employment Regulations flashcards as text
Under the Fair Credit Reporting Act (FCRA), before taking adverse action based on a background check, an employer must provide the applicant:
Answer: A copy of the report and a summary of FCRA rights before adverse action
FCRA requires a pre-adverse action notice including the consumer report and 'A Summary of Your Rights Under the Fair Credit Reporting Act' before taking adverse employment action.
Which federal law governs the portability, non-discrimination, and renewal requirements for group health plans and was a precursor to ACA?
Answer: HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 established group health plan non-discrimination rules, portability protections, and limits on pre-existing condition exclusions before the ACA expanded these.
A client instructs a CPC recruiter to avoid placing candidates who have recently filed workers' compensation claims. This instruction most directly violates which legal principle?
Answer: Anti-retaliation provisions in state workers' comp laws
Most states prohibit retaliation against employees who file workers' compensation claims; a blanket policy to avoid such candidates constitutes unlawful discriminatory retaliation.
Under the FLSA, the salary basis test for executive, administrative, and professional exemptions currently requires a minimum weekly salary of:
Answer: $684
As of January 1, 2020, the DOL raised the standard salary level to $684 per week ($35,568 annually) for the white-collar FLSA exemptions.
Which doctrine allows courts to hold a staffing agency and its client company jointly liable as 'co-employers' for labor law violations?
Answer: The joint employer doctrine
The joint employer doctrine holds that two entities can both be employers of the same workers if they share or codetermine essential terms of employment, creating shared liability for wage and discrimination violations.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reemploy returning service members within how many days after they give notice of return from service of 31–180 days?
Answer: 14 days
For service of 31 to 180 days, the service member must report or submit a reemployment application no later than 14 days after completion of service, and the employer must promptly reemploy them.
When a staffing firm operates as a Professional Employer Organization (PEO) under a co-employment model, which entity typically retains day-to-day supervisory control?
Answer: The client company
In a PEO co-employment arrangement, the client company retains day-to-day supervisory control and direction of work, while the PEO handles HR administration, payroll, and benefits.