CPC Labor Laws & Employment Regulations 3 — Questions and Answers
Question 1: Under the National Labor Relations Act (NLRA), which of the following employee activities is protected 'concerted activity'?
- An employee complaining individually to HR about personal pay
- Two employees discussing wages and agreeing to ask for raises together (Correct answer)
- An employee refusing to follow a supervisor's lawful instruction
- A manager organizing a company social event
Correct answer: Two employees discussing wages and agreeing to ask for raises together
The NLRA protects concerted activity — two or more employees acting together to improve wages or working conditions, including discussing pay and jointly approaching management.
Question 2: A recruiter's client asks for only 'recent college graduates' for an entry-level role. The CPC should advise that this request may violate which law?
- FLSA, because it restricts wage levels
- ADEA, because it could screen out workers over 40 (Correct answer)
- WARN Act, because it limits the candidate pool
- IRCA, because it questions citizenship indirectly
Correct answer: ADEA, because it could screen out workers over 40
Requiring 'recent graduates' can disproportionately screen out workers over 40, creating potential Age Discrimination in Employment Act (ADEA) exposure.
Question 3: Which section of the Internal Revenue Code determines whether a worker is an employee or independent contractor for tax purposes using a 20-factor common-law test?
- Section 409A
- Section 530 safe harbor (Correct answer)
- Section 3121
- Section 1401
Correct answer: Section 530 safe harbor
Section 530 of the Revenue Act of 1978 provides a safe harbor allowing employers to treat workers as independent contractors if they reasonably relied on industry practice, prior IRS audits, or judicial precedent.
Question 4: An employer subject to Executive Order 11246 must do which of the following?
- Pay prevailing wages on federal contracts
- Develop written affirmative action plans for women and minorities (Correct answer)
- Provide 12 weeks of unpaid FMLA leave
- Verify I-9 employment eligibility within 72 hours
Correct answer: Develop written affirmative action plans for women and minorities
Executive Order 11246 requires federal contractors and subcontractors with 50+ employees and $50,000+ in contracts to develop and maintain written Affirmative Action Programs.
Question 5: Under the Immigration Reform and Control Act (IRCA), an employer must complete Form I-9 employment eligibility verification no later than:
- The first day of employment
- The end of the employee's first day of work for pay
- Within 3 business days of the first day of work for pay (Correct answer)
- Within 7 calendar days of hire
Correct answer: Within 3 business days of the first day of work for pay
Section 1 of I-9 must be completed by the employee on or before the first day of work; Section 2 must be completed by the employer within 3 business days of the first day of work for pay.
Question 6: Which of the following best describes a 'right-to-work' state under the Taft-Hartley Act?
- Employees cannot be fired without just cause
- Employees cannot be required to join or pay dues to a union as a condition of employment (Correct answer)
- Employers must recognize a union after a card-check majority
- States that mandate at-will employment
Correct answer: Employees cannot be required to join or pay dues to a union as a condition of employment
Right-to-work laws, permitted under Section 14(b) of the Taft-Hartley Act, prohibit agreements that require union membership or fee payment as a condition of employment.
Question 7: The Equal Pay Act of 1963 requires equal pay for equal work between men and women at the same establishment. Which defense does NOT excuse a pay differential under the EPA?
- A bona fide seniority system
- A merit pay system
- A system measuring earnings by quantity or quality of production
- The employee's prior salary history alone (Correct answer)
Correct answer: The employee's prior salary history alone
The EPA's four affirmative defenses are seniority, merit, production-based pay, and a 'factor other than sex' — prior salary history alone was rejected as a valid factor-other-than-sex defense in Rizo v. Yovanovitch (9th Cir.).
CPC Labor Laws & Employment Regulations 3
Under the National Labor Relations Act (NLRA), which of the following employee activities is protected 'concerted activity'?