Preview Questions Employment Lawyer | Role Specific Skill

Question 1: In the context of workplace dispute resolution, what are the "advantages and disadvantages" of using an internal grievance procedure compared to external legal mechanisms?

Which action should you take?

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Internal grievance procedures are always legally binding

There are no differences between internal and external procedures

Internal grievance procedures are less formal, often quicker, and cheaper, but may be biased or ineffective; external legal mechanisms are more formal and offer binding resolutions

External legal mechanisms are cheaper but more time-consuming

Question 2: Under the FLSA, how is "overtime pay" calculated for non-exempt employees?

Which action should you take?

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Overtime is calculated at one and a half times the regular hourly wage for hours worked over 40 in a workweek

Overtime is calculated at a flat rate for all hours worked in excess of 30 hours

Overtime is calculated at double the hourly wage for every hour worked beyond 50 hours

Overtime is calculated based on the average hourly rate of the last month

Question 3: How does the "contributory" nature of an employee benefits plan affect the taxation of benefits?

Which action should you take?

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Contributory plans, where employees pay part of the premium, may offer tax advantages for both the employer and employee

Contributory plans are exempt from taxation if the employee does not use the benefits within the first year

Contributory plans are always taxable to the employee upon receipt of benefits, regardless of contributions

Contributory plans are taxed at a higher rate than non-contributory plans, regardless of benefits received

Question 4: What is the "wraparound plan" under the Affordable Care Act (ACA), and how should an Employment Lawyer ensure that an employer complies with its requirements?

Which action should you take?

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A wraparound plan supplements an employer's coverage to meet the ACA's minimum value standards; the lawyer should ensure that the plan meets all ACA compliance standards

A wraparound plan is only required for employees in the healthcare industry

Wraparound plans are only available in non-profit organizations

A wraparound plan only applies to high-income earners

Question 5: How does "workplace harassment" intersect with labor law, and what is the role of an Employment Lawyer in preventing and addressing claims of harassment in the workplace?

Which action should you take?

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Harassment is a form of discrimination under Title VII, and the lawyer should advise employers on implementing policies, training, and procedures to prevent and address harassment claims

Harassment claims cannot be filed unless the victim has left the job

Harassment claims must always be settled through mediation

Harassment claims are only valid if they involve physical assault

Question 6: How should an Employment Lawyer approach "discrimination claims" under Title VII of the Civil Rights Act of 1964, especially regarding disparate impact versus disparate treatment?

Which action should you take?

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Disparate treatment claims are easier to prove than disparate impact claims

Disparate impact is only applicable to wage claims

Disparate treatment requires evidence of bias, not just adverse outcomes

The lawyer should differentiate between disparate impact (policies that disproportionately affect certain groups) and disparate treatment (intentional discrimination), and advise clients on how to defend or mitigate claims