Preview Questions Employment Lawyer | Role Specific Skill

Question 1: How should an Employment Lawyer advise a client on "employee classification" under the FLSA, particularly regarding the distinctions between "independent contractors" and "employees"?

Which action should you take?

Choose only one option

Independent contractors are not entitled to overtime or minimum wage protections under the FLSA, while employees are; the lawyer should ensure proper classification based on IRS guidelines

Independent contractors always qualify for overtime pay

Independent contractors must be paid less than employees

Employees are always entitled to benefits regardless of classification

Question 2: What is the "duty of fair representation" under labor law, and how does it apply to unionized employees?

Which action should you take?

Choose only one option

The duty only applies to public sector workers and not to private sector unions

Unions are required to represent employees only if they are members of the union

Unions must represent all employees in the bargaining unit fairly, even those who are not union members

Unions can ignore non-union members when making decisions about workplace conditions

Question 3: How does the "Equal Pay Act" (EPA) address gender-based wage disparity in the workplace?

Which action should you take?

Choose only one option

It allows employers to pay women less if they are in part-time roles

It requires that only unionized workplaces comply with its provisions

It mandates that men and women be paid equally for the same work, unless there are valid justifications for the pay difference

It only applies to employees working in private companies

Question 4: What is the "arbitration" clause in employment contracts, and how does it affect workplace dispute resolution?

Which action should you take?

Choose only one option

It allows employees to bypass the dispute resolution process and go directly to litigation

It requires disputes to be resolved through arbitration rather than litigation, often limiting the ability to take legal action in court

It forces employees to settle disputes through union negotiation only

It restricts the use of mediation in favor of informal workplace discussion

Question 5: Under the Family and Medical Leave Act (FMLA), which of the following is a qualifying event for leave?

Which action should you take?

Choose only one option

The birth of a child or the serious health condition of a family member

Taking a vacation or personal leave for any reason

Attending non-work-related training or education programs

Taking a leave for personal health-related issues, such as a cold or flu

Question 6: How does the "right to work" law affect union membership and collective bargaining?

Which action should you take?

Choose only one option

It prevents employers and unions from requiring union membership as a condition of employment

It forces workers to pay union dues even if they are not members

It mandates that all employees must join a union if they are working in a unionized workplace

It eliminates the need for collective bargaining in all industries