HR Regulatory Frameworks & Compliance 3

Question 1

A software company with 75 employees has an engineer who needs 10 weeks of unpaid leave for a serious health condition. Is FMLA leave available?

Accepted Answer

No, FMLA only covers employers with 50 or more employees

Answer

FMLA applies only to employers with 50 or more employees within 75 miles, so a 75-employee company meets the threshold, but an employee must have worked 12 months and 1,250 hours.

Question 2

Under EEOC guidelines, which hiring practice in software recruiting is most likely to create disparate impact liability?

Accepted Answer

Using a cognitive aptitude test that disproportionately screens out a protected class without job-relatedness validation

Answer

Unvalidated tests that disproportionately exclude a protected class violate Title VII under the disparate impact theory unless shown to be job-related and consistent with business necessity.

Question 3

A tech startup plans to classify all engineers as independent contractors to avoid payroll taxes. Under the IRS common-law test, which factor most strongly supports employee status?

Accepted Answer

The company controls the manner and means of the work

Answer

The IRS common-law test focuses on behavioral and financial control; controlling how the work is performed (not just the result) is the strongest indicator of employee status.

Question 4

Under NLRA Section 7, which HR policy in a software company would be considered unlawfully overbroad?

Accepted Answer

A blanket policy banning all discussion of wages and working conditions among employees

Answer

Section 7 of the NLRA protects employees' rights to discuss wages and working conditions; a blanket ban on such discussions is unlawfully overbroad.

Question 5

Under HIPAA, which scenario requires a Business Associate Agreement (BAA) for an HR software vendor?

Accepted Answer

The vendor processes health plan claims data on behalf of a self-insured employer

Answer

A BAA is required when a vendor (Business Associate) creates, receives, maintains, or transmits Protected Health Information on behalf of a covered entity or another business associate.

HR - Software Practice Test

HR - Software Practice Test

HR Regulatory Frameworks & Compliance 3