Preview Questions Employment Lawyer | Role Specific Skill

Question 1: In an employment discrimination case, what is the burden of proof for a plaintiff under the McDonnell Douglas framework?

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The employer must prove that they did not discriminate

The plaintiff must establish a prima facie case of discrimination before the employer is required to offer a legitimate, non-discriminatory reason

The plaintiff must immediately prove that the employer acted with discriminatory intent

The burden is split equally between the plaintiff and defendant, requiring both to present evidence

Question 2: How does the Fair Credit Reporting Act (FCRA) apply to employment background checks?

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Employers are prohibited from conducting any background checks on job candidates

Employers can conduct background checks without consent, as long as they do not discriminate

Employers must obtain written consent from employees before conducting background checks and provide the employee with the report if adverse action is taken

Employers are required to conduct background checks for all job applicants, regardless of position

Question 3: What is the significance of the National Labor Relations Board (NLRB) in labor law?

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The NLRB provides guidelines for how employees can be fired during labor disputes

The NLRB is responsible for determining wage levels for all union workers

The NLRB handles only pension-related disputes for unionized employees

The NLRB enforces the NLRA, ensuring that employees can freely choose whether to join unions and protecting union rights

Question 4: Under the FLSA, which of the following is considered a "white-collar" exemption from overtime pay?

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Employees working under 30 hours a week

Executive, administrative, and professional employees

Manual laborers and hourly workers

Employees in clerical positions

Question 5: How does the "Equal Pay Act" (EPA) address gender-based wage disparity in the workplace?

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It allows employers to pay women less if they are in part-time roles

It requires that only unionized workplaces comply with its provisions

It mandates that men and women be paid equally for the same work, unless there are valid justifications for the pay difference

It only applies to employees working in private companies

Question 6: What does the "Labor-Management Reporting and Disclosure Act" (LMRDA) require from labor unions?

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It allows unions to regulate employee wages and working hours

It mandates that union leaders be elected by a two-thirds majority

It requires labor unions to file detailed reports about their financial activities and leadership structure

It allows unions to set their own policies regarding employee benefits