2013 Employment and Labor Law Final Exam

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As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email your responses to swinslow@nexsenpruet.com by December 16th. If you score 100 percent, you will be entered to win a fabulous prize. Winners will be announced when the answer key is released next week. 

Like prior years, this is an open book, open notes exam. Good luck!
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1. Because South Carolina and North Carolina are at-will employment states, South Carolina and North Carolina employers can lawfully prohibit employees from discussing salaries and rates of pay in the workplace.

(a) True

(b) False

2. If an exempt employee is absent for a day because of an illness, the employer:

(a) Can dock the employee’s accrued sick leave bank for that absence, regardless of whether the employee requests it

(b) Can deduct one day’s pay from the employee’s salary, if the employer has a policy providing for sick leave but the employee has none left

(c) Both A and B

(d) Neither A nor B

3. In South Carolina and North Carolina, an employer to whom the FMLA applies must:

(a) Provide FMLA leave to an employee to care for his same-sex spouse’s serious health condition

(b) Provide FMLA leave to a lesbian employee to care for the sick child she and her partner adopted

(c) Both A and B

(d) Neither A nor B

4. Under the Americans with Disabilities Act (ADA), the only basis for denial of leave as a reasonable accommodation for a qualified individual with a disability is a showing that it would be an undue hardship to the employer.

(a) True

(b) False

5. Under the Patient Protection and Affordable Care Act (PPACA):

(a) Large employers are required to provide affordable, minimum value coverage to all employees or pay a “shared responsibility” penalty

(b) A new hire is considered a full-time employee if reasonably expected to average at least 33 hours of work per week

(c) All affiliated employers for which there is 80 percent or more common ownership are considered one employer

(d) All of the above

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We hope you have enjoyed taking this year’s final exam.