CPC Labor Laws & Employment Regulations 2 — Questions and Answers
Question 1: Under the Worker Adjustment and Retraining Notification (WARN) Act, how many days advance notice must employers with 100+ employees give before a mass layoff?
- 30 days
- 45 days
- 60 days (Correct answer)
- 90 days
Correct answer: 60 days
The WARN Act requires covered employers to provide at least 60 calendar days advance written notice of plant closings and mass layoffs.
Question 2: Which agency enforces the Employee Retirement Income Security Act (ERISA)?
- EEOC
- Department of Labor and IRS jointly (Correct answer)
- NLRB
- Department of Commerce
Correct answer: Department of Labor and IRS jointly
ERISA is jointly enforced by the Department of Labor (DOL) and the Internal Revenue Service (IRS), with the DOL overseeing fiduciary duties and the IRS handling tax matters.
Question 3: A staffing firm places a worker at a client site for 14 months. Under the ACA, which entity is most likely responsible for offering health coverage to avoid employer mandate penalties?
- The client company only
- The staffing firm only (Correct answer)
- Neither party is responsible
- Both parties share responsibility equally
Correct answer: The staffing firm only
The staffing firm is the employer of record and bears primary responsibility for ACA employer mandate compliance, including the health coverage offer requirement.
Question 4: Which of the following correctly describes the 'ABC test' used in some states to classify workers?
- Worker is an employee unless employer proves three conditions of independence (Correct answer)
- Worker is always an independent contractor if they sign a contract
- Worker classification depends solely on hours worked per week
- ABC refers to federal IRS criteria only
Correct answer: Worker is an employee unless employer proves three conditions of independence
Under the ABC test (used in states like California), a worker is presumed an employee unless the hiring entity proves A) control-free work, B) work outside the usual course of business, and C) independently established trade.
Question 5: The Lilly Ledbetter Fair Pay Act amended the statute of limitations for pay discrimination claims by resetting it:
- Only when the employer acknowledges the pay gap
- With each discriminatory paycheck issued (Correct answer)
- At the time of initial hire only
- Every fiscal year regardless of pay changes
Correct answer: With each discriminatory paycheck issued
The Lilly Ledbetter Fair Pay Act established that the 180/300-day charge-filing period resets with each discriminatory paycheck, transfer, or other compensation decision.
Question 6: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), how long is the standard continuation coverage period for a covered employee who is involuntarily terminated?
- 12 months
- 18 months (Correct answer)
- 24 months
- 36 months
Correct answer: 18 months
Involuntary termination (other than gross misconduct) or reduction in hours triggers an 18-month COBRA continuation period for the employee and dependents.
Question 7: Which federal law prohibits employers from discriminating against employees or applicants based on genetic information, including family medical history?
- ADA
- HIPAA
- GINA (Correct answer)
- FMLA
Correct answer: GINA
The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits health insurers and employers from discriminating based on genetic information.
CPC Labor Laws & Employment Regulations 2
Under the Worker Adjustment and Retraining Notification (WARN) Act, how many days advance notice must employers with 100+ employees give before a mass layoff?