HR Regulatory Frameworks & Compliance 2 — Questions and Answers
Question 1: Under the ADA, what must an employer do before denying an accommodation request from a software developer with a disability?
- Immediately deny if cost exceeds $500
- Engage in an interactive process to explore alternatives (Correct answer)
- Require a second medical opinion from a company doctor
- Post the request on the company intranet for team input
Correct answer: Engage in an interactive process to explore alternatives
The ADA requires employers to engage in a good-faith interactive process with the employee to identify effective reasonable accommodations.
Question 2: A SaaS company stores EU customer data on US servers. Which regulation primarily governs the legality of this data transfer?
- SOX Act
- GDPR and its transfer mechanisms (Correct answer)
- HIPAA Privacy Rule
- CCPA opt-out requirements
Correct answer: GDPR and its transfer mechanisms
GDPR Chapter V governs international data transfers and requires mechanisms like Standard Contractual Clauses or adequacy decisions.
Question 3: Which I-9 verification requirement specifically affects remote software hires in the US?
- Remote hires are exempt from I-9 requirements
- Employers must use an authorized representative to physically inspect documents (Correct answer)
- Video verification is always sufficient under federal law
- State ID alone satisfies I-9 for remote workers
Correct answer: Employers must use an authorized representative to physically inspect documents
For fully remote employees, employers may designate an authorized representative to physically inspect I-9 documents on their behalf.
Question 4: Under FLSA, a junior software developer earns $35,000/year and works 50 hours in one week. What overtime obligation exists?
- No overtime; software developers are always exempt
- Time-and-a-half for the 10 hours over 40 (Correct answer)
- Double time for hours over 48
- Overtime only if the employee requests it in writing
Correct answer: Time-and-a-half for the 10 hours over 40
The FLSA computer employee exemption requires a salary of at least $684/week ($35,568/year) to qualify; at $35,000 this employee is non-exempt and entitled to 1.5x overtime.
Question 5: A California-based tech company wants to run mandatory arbitration for all employment disputes. What restriction does California law impose?
- Mandatory arbitration is fully enforceable for all claims
- AB 51 prohibits mandatory arbitration of FEHA and Labor Code claims as a condition of employment (Correct answer)
- Arbitration is only allowed for disputes under $10,000
- Federal law preempts all California arbitration restrictions
Correct answer: AB 51 prohibits mandatory arbitration of FEHA and Labor Code claims as a condition of employment
California AB 51 prohibits employers from requiring mandatory arbitration of FEHA and Labor Code claims as a condition of employment, though enforcement remains subject to FAA preemption litigation.
Question 6: Under SOX Section 302, who must certify the accuracy of financial reports for a publicly traded software company?
- The head of HR
- The CEO and CFO (Correct answer)
- The audit committee chair only
- External auditors
Correct answer: The CEO and CFO
SOX Section 302 requires the principal executive officer (CEO) and principal financial officer (CFO) to personally certify the accuracy of financial reports.
Question 7: An HR software platform collects employee biometric data for time-tracking in Illinois. Which state law requires written consent before collection?
- CCPA
- BIPA (Biometric Information Privacy Act) (Correct answer)
- HIPAA
- GLBA
Correct answer: BIPA (Biometric Information Privacy Act)
Illinois BIPA requires employers to obtain written informed consent before collecting or storing biometric identifiers like fingerprints or facial geometry.
HR Regulatory Frameworks & Compliance 2
Under the ADA, what must an employer do before denying an accommodation request from a software developer with a disability?