T/F If an hourly employee normally works 37.5 hours per workweek, the employer must pay two hours of overtime at time-and-a-half if the employee works 39.5 hours in a particular workweek.
FALSE. The company is in full compliance with the FLSA if it pays only straight time for the two hours, since the FLSA’s overtime obligations kick in only after 40 hours.
Treating members of a protected class less favorably than individuals who are not in the protected class can raise a legal claim of this.
What is discrimination?
Under the company's Family Medical Leave Policy, eligible employees are entitled to this much leave in a 12 month period of time for their own serious health condition.
What is 12 weeks of leave?
Law that protects employees discussing their own pay and benefit information, as are employees discussing the pay and benefits of others if they obtained that information through ordinary conversations with others.
What is the NLRA?
T/F All salaried employees are exempt from the overtime requirements of the Fair Labor Standards Act.
FALSE. Some employers mistakenly think that all salaried employees are automatically exempt. To the contrary, while being salaried is one of the requirements for most white-collar exemptions, the employee must also satisfy the duties test—that is, qualify as an executive, administrator, or professional as defined in DOL regulations.
Title VII requires employers to reasonably accommodate this of an employee or prospective employee, unless to do so would create an undue hardship upon the employer's business.
What is sincerely held religious practices?
During the first counseling meeting about the performance issues, the employee reveals the medical condition to the employer as the reason for the performance issue. Must the employer consider the medical condition and make a reasonable accommodation?
What is yes? The the employer must start the interactive process with the employee and consider reasonable accommodations going forward. However, the employer may proceed with the initial counseling of the employee for the performance issues.
The company will not tolerate and prohibits any form of this against a person because he/she has made a discrimination or harassment complaint, or participated in a discrimination or harassment investigation.
What is retaliation?
Even though you have to pay an employee who works "off the clock", you can address it by doing this.
What is discipline?
DOUBLE JEOPARDY
What is retaliation?
During the termination meeting, the employee divulges a medical condition for the first time. Does the employer have to rescind the termination?
What is no? The employee waited too long to ask for the reasonable accommodation, and the employer does not have to change its position on the termination.
Per our handbook, an employee who believes that he/she has been subjected to discrimination or harassment must do this.
What is report it?
T/F The federal Fair Labor Standards Act (FLSA) supersedes state and local overtime laws, so an employer's only obligation is to comply with federal overtime requirements.
The correct answer is FALSE.
“Even if an employee is not entitled to premium overtime pay under the FLSA, he or she may be entitled to premium pay under state law. While state law is similar to the FLSA, states often have different exemptions from overtime.”
Employees can report harassment or discrimination to management or someone in this group.
What is HR?
T/F An employer must pay its nonexempt employees for periodic rest breaks of no more than 20 minutes each.
TRUE. Except for nursing mothers, the FLSA does not require employers to grant rest breaks. Nevertheless, many employers provide brief morning and afternoon breaks to their nonexempt employees. When those rest breaks are no longer than 20 minutes, they must be accounted and paid for as hours worked.
Of the following, this is not protected under federal or state anti-discrimination statutes: use of 23 and me information, Scottish ancestry, Satanism, fear of flying, dishonourable military discharge.
What is fear of flying?
The father of a new born baby may be eligible for this much leave in a 12 month period of time under the Family Medical Leave Act.
What is 12 weeks of leave?
If the company determines that an employee intentionally has made this type of complaint of discrimination or harassment, the company will take appropriate disciplinary action up to and including discharge from employment.
What is false?