It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess.
We will send out answers to the exam on Wednesday, December 17th. Be sure to email your responses to swinslow@nexsenpruet.com by Friday, December 12th. If you score 100 percent, you will be entered to win an awesome prize. Winners will be announced when the answer key is released Wednesday, December 17th.
The exam is open book, open notes. Good luck!
1. A South Carolina employer may garnish an employee’s wages in the following situations:
a. When the employee owes money to government
b. When the employee moves to and works in South Carolina and was subject to a garnishment order in another state before relocating to South Carolina
c. Both A and B
d. Neither A nor B
2. When considering whether to recognize as a bargaining unit a smaller group (or micro-unit) of employees that functions within a larger group of employees, the only two factors the National Labor Relations Board considers are 1) whether the employees work within the same department; and 2) whether the employees share the same supervisor.
a. True
b. False
3. The Family and Medical Leave Act applies to employers with 50 or more employees within a 75-mile radius. When determining whether an employer with multiple facilities meets the 50-employee threshold, what is the appropriate method to measure whether those facilities are within a 75-mile radius of one another?
a. Straight line miles
b. Surface road miles
c. The shortest distance without tolls
d. The method that is most favorable for employees
4. A former employee sues her former employer for gender and religious discrimination under Title VII of the Civil Rights Act of 1964 and its 1991 amendments. The employer has about 150 employees. The former employee now works for a different employer. At trial, the jury rules in the former employee’s favor and determines she is entitled to an award of back pay and punitive damages. How much may the jury award for punitive damages?
a. As much as the jury decides the former employee is entitled to
b. $0
c. No more than $300,000
d. No more than $100,000
5. The Equal Employment Opportunity Commission (EEOC) reportedly requires criminal background checks for its applicants. According to the EEOC’s own guidance, such a policy would violate Title VII of the Civil Rights Act of 1964 if it excludes applicants from employment based on any criminal record.
a. True
b. False
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