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Polsinelli - Labor and Employment

December 2013


New Year's Resolution - Protecting Your Business: 10 Employment Law Questions to Test Your Knowledge


For more information about this e-Alert, please contact:


Scott M. Gilbert



Labor and Employment Practice Leaders:


W. Terrence Kilroy



Anthony J. Romano



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To learn more about our Labor and Employment practice, click here.


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As you head into 2014, here is a set of 10 questions to test your employment law acumen and see if you are prepared for the coming year.

Employment Law New Year's Quiz



An employee has complained that he has been working long hours recently, but has not received any overtime pay. The employee is paid a salary and not hourly, so what should the company do? [View multiple choice options.]


The U.S. Supreme Court's decision in U.S. v. Windsor struck down a portion of the Defense of Marriage Act of 1996, which barred federal recognition of same-sex marriage. In light of this recent Supreme Court ruling, to whom must health and welfare benefits provided under an employer sponsored benefit plan be extended? [View multiple choice options.]


An employee has developed a medical condition that requires him to take a leave from work. He has now used all of his allotted leave under the Family and Medical Leave Act, and he is not entitled to any other leave pursuant to any company policy. However, the employee needs more time to recover and has requested some additional leave. How should the company respond to this request? [View multiple choice options.]


If an employer asks a part-time, hourly employee to work on the weekend, what must the employer must pay that employee? [View multiple choice options.]


An employee with a history of reporting late to work has come to your office and reported that her supervisor has repeatedly asked her out for dates despite the fact that she has always declined and told him to stop asking. An hour later, the employee's supervisor stops by your office and informs you that the employee was 20 minutes late for her shift. How do you handle? [View multiple choice options.]


An employee has reported that he suffers from migraine headaches, and has sought intermittent leave under the Family and Medical Leave Act. He has a history of taking his sick days on Mondays or Fridays, and often fails to follow company policy regarding the need to call in to report an absence. What should you do? [View multiple choice options.]


Your company is a network provider for TRICARE, pharmacy services and/or medical equipment, and you have just been asked whether the company could be considered a federal subcontractor with affirmative action obligations? [View multiple choice options.]


The Company hired a new HR director two weeks ago. During the intake process of completing the I-9 form for his first new hire, the COO receives an urgent call from the director. He has discovered that there are I-9 forms only for employees hired in the last year; all others for the nearly 1000 employees are missing. The Company has no foreign national employees so how do you respond? [View multiple choice options.]


Every year, one of your major customers holds its annual New Year's Eve party at an out of town resort. Employees are not required to attend, but you "highly recommended" that your sales employees attend the party. You pay for a block of rooms at the resort so employees won't be tempted to drive home drunk. A sales employee over-indulges during the festivities and, unfortunately, is found dead in his hotel room the next morning. The coroner rules death by asphyxiation and acute alcohol intoxication. Do you have to report the death to OSHA? [View multiple choice options.]


Your superintendent of manufacturing rushes into your office and tells you that he was accidentally copied on an internal email from an employee, who was soliciting other coworkers to meet a Union organizer for beers after work. Although the employee handbook prohibits personal emails from being sent and received on the employer's internal email system, the policy never has been enforced. Fearing what Union representation would do to your bottom line, what should you do? [View multiple choice options.]


Look for the answers to these questions after the first of the year! From all of us at Polsinelli, we wish you and yours a safe and happy New Year.

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