ASA Staffing Laws & Regulations — Questions and Answers
Question 1: Which federal law governs workplace discrimination in staffing?
- Fair Labor Standards Act (FLSA)
- Civil Rights Act of 1964 (Correct answer)
- National Labor Relations Act (NLRA)
- Employee Retirement Income Security Act (ERISA)
Correct answer: Civil Rights Act of 1964
The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin in hiring and employment practices, including staffing agencies.
Question 2: What is the purpose of the Fair Labor Standards Act (FLSA) in staffing?
- To regulate international employment contracts
- To establish wage and hour regulations (Correct answer)
- To oversee employee pension plans
- To enforce workplace safety standards
Correct answer: To establish wage and hour regulations
The FLSA sets minimum wage, overtime pay, and child labor standards, ensuring staffing firms comply with wage and hour laws.
Question 3: How does the Affordable Care Act (ACA) impact staffing firms?
- It eliminates the need for employee benefits
- It requires large staffing firms to provide health coverage (Correct answer)
- It only applies to government jobs
- It has no effect on temporary employees
Correct answer: It requires large staffing firms to provide health coverage
Under the ACA, staffing firms with 50 or more full-time employees must provide health insurance or face penalties.
Question 4: What does the Occupational Safety and Health Administration (OSHA) require from staffing firms?
- Only the host employer is responsible for worker safety
- Both staffing firms and host employers share responsibility (Correct answer)
- Staffing firms have no safety obligations
- Temporary employees are exempt from OSHA protections
Correct answer: Both staffing firms and host employers share responsibility
OSHA mandates that staffing agencies and host employers share responsibility for ensuring temporary workers receive proper safety training.
Question 5: Which law protects temporary employees from workplace retaliation?
- Family and Medical Leave Act (FMLA)
- National Labor Relations Act (NLRA) (Correct answer)
- Immigration Reform and Control Act (IRCA)
- Employee Polygraph Protection Act (EPPA)
Correct answer: National Labor Relations Act (NLRA)
The National Labor Relations Act (NLRA) protects employees, including temporary workers, from retaliation for engaging in legally protected activities such as unionizing or reporting workplace violations.
Question 6: What must staffing firms verify under the Immigration Reform and Control Act (IRCA)?
- Only U.S. citizens need verification
- All employees must provide work authorization documentation (Correct answer)
- Employers are not required to verify employee documents
- Only long-term employees require verification
Correct answer: All employees must provide work authorization documentation
Under IRCA, staffing firms must verify an employee’s identity and legal authorization to work in the U.S. using Form I-9.
ASA Staffing Laws & Regulations
Which federal law governs workplace discrimination in staffing?