How Well Do You Know Employment Law

W h a t w o u l d y o u d o ? Ta ke t h i s Q u i z ?

Interviewing & Hiring1

Your success as a manager or supervisor depends on your hiring and interviewing success. It’s challenging enough to find the right candidate who has the best qualifications, but when you consider your legal responsibilities, it gets even tougher.

Choose any question below that is legally safe for you to ask a job candidate.

A. When do you th ink you’ l l ret i re?

B. Is Engl ish your second language?

C. Do you have any re l ig ious bel ie fs that prevent you f rom

working on Saturdays or Sundays?

D. Our employees must be over the age of 18. I f h i red, can

you provide proof that you meet th is requirement?

v b

Answer

I f be ing over the age of 18 is a bona fide occupat ional and legal requirement, you have the r ight to ask.

D.

Workplace Harassment & Discrimination2

Sexual harassment continues to be an issue in today’s workplaces. Workplace leaders need to understand when it is occurring and what to do about it.

True or False

I f an employee complains about a co-worker giving her hugs at work, you are not required to do

anything about it s ince hugs are not the kind of touching that can violate any law or an

organization’s harassment pol icy.

Answer

A s imple hug to some people can feel l ike an unwelcome advance. Unless i t ’s c lear that a hug is welcome, touching at work should be avoided.

False

True or False

One of your male employees asks one of your female employees for a date. The female is annoyed and

says she is being harassed. This would be considered sexual harassment.

Answer

I f he only asks her once, i t would not be considered sexual harassment wi th the except ion of ser ious acts that typ ica l ly threaten cont inued employment or safety. I f he cont inues to bother her by ask ing for a date after she says no, i t can be considered sexual harassment.

False

Compensation Basics3

Employees are paid for their labor. As simple as that seems, the legal rules governing pay can get confusing. Every day supervisors and managers deal with pay and work situations that if not handled responsibly and legally, can result in consequences, penalties and law suits.

True or False

A manager can change an employee’s t ime card/sheet and deny payment of overtime for work

not authorized.

Answer

Be very carefu l about changing a t ime card or denying payment of OT. Accord ing to the Fa i r Labor Standards Act , employees must be pa id for a l l work "suffered or permitted."

False

Discipline & Termination4

Despite your efforts and positive intentions, performance problems will still happen.

Choose the supervisor’s documented statement(s) below describing an employee’s performance problem that can be challenged, argued and difficult to defend.

A. He’s not gett ing h is reports in on t ime.

B. She a lways has a bad att i tude.

C. His product ion is 10% below the standard.

D. She’s not mot ivated.

v b

Answer

"Always" is exaggerated; "bad att i tude" and "not mot ivated" are subject ive and judgmenta l ; better to focus on behavior and resul ts .

B & D

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