Test Your Knowledge

Mar 24, 2026 8:00:00 AM

What are peanut butter pay raises?

Extra money you can only spend on Skippy
Raises are performance-based
Raises are spread around
Another way to say COLA increase

Correct Answer: C

A “peanut butter” raise spreads increases across the workforce (rather than concentrating dollars only on top performers) and is more often used by employers with larger lower-wage employee populations.

While peanut butter pay increases may be gaining traction as a short-term way to help employees keep up with rising costs, merit pay is still a best practice. And compensation is not just pay. A strong total rewards strategy, which includes offering a competitive employee benefits package, not only enhances employee retention and satisfaction but also drives long-term business success.

Previous Updates

What Does EPLI Stand For?

Employment Practices Liability Insurance
Employee Planning Life Insurance
Employment Practices Legal Insight
Employee Problem Legal Investigation

Correct Answer: A

Employment Practices Liability Insurance, or EPLI, helps protect your company from employment-related claims, like discrimination, harassment, retaliation, and wrongful termination. When a claim is received, the EPLI carrier should be notified promptly to avoid jeopardizing coverage. EPLI will include a retention amount, similar to a deductible, that the employer pays, and once the retention amount is reached, the insurance carrier will pay for any further eligible costs. This can help minimize the amount a company pays out of pocket to defend against a claim. Additionally, the carrier can help assign legal counsel and reduce costs related to the claim. If you receive a claim, reach out to your FrankAdvice HR Consultant right away.

Once the claim is being handled appropriately, you should circle back and look into what may have led to the claim in the first place. Perhaps the incident had been reported to a manager in the company, but was not handled appropriately. Or maybe the employee was terminated for ongoing performance issues that were never addressed previously, leading the employee to believe the termination was due to an unlawful reason. Investigate what may have led to the legal claim and determine ways to protect your company moving forward, such as providing sexual harassment training to employees, creating a defined progressive corrective action policy, implementing procedures for internally investigating claims of harassment or discrimination, and training managers on how to properly handle complaints they receive.

What Is Job Rotation?

Every day you come into a different problem with your job
A promotion and then a demotion because you did not do well
Assignment to another department because they are short-handed
Assignment to another role to broaden experience and acquire skills

Correct Answer: D Job rotation is a strategy that involves assigning employees to various roles or departments so that they acquire a broader set of skills. In addition to being a career development tool, job rotation results in a more broadly trained and skilled workforce for the employer. It is a lateral move, and the duration of the assignment varies. With a structured approach, employers can develop future leaders, and employees can gain learning opportunities to see the business from different perspectives. But job rotation has some disadvantages, including not suiting employees who wish to maintain a narrow, specialized focus, and, from the employer’s perspective, it can slow down operations while the worker learns new skills and rotates to different areas. Job rotation may also be a survival mechanism if the organization is downsizing and eliminating an obsolete area.

Which of the following is not considered a reasonable religious accommodation?

Time off to observe a religious holiday.
Numerous breaks each day to pray.
Reassigning a nonessential job function that conflicts with a religious belief.
Equally prohibiting all employees from expressing their religious beliefs.

Correct Answer: D

The correct answer is D: Equally prohibiting all employees from expressing their religious beliefs. Employees must be permitted to outwardly express their faith; however, it is not reasonable to allow employees to proselytize or harass others. Time off, a modified work schedule, and reassignment of nonessential job functions have been found to be reasonable accommodations.

This morning Andrea, your most disgruntled employee, turned in her resignation and will be leaving in two weeks.

You are thrilled. Andrea has been a problem employee for a long time. In fact, over the last couple of weeks, she has been doing even less work than before and has made disparaging remarks about the company.

You tell Andrea she can pack her things and go. Andrea reminds you that she gave a two-week notice, and she wants to work through the notice period.

How should you handle this issue?

Let Andrea continue to work. You are required to let her work through her notice period by law.
Ask Andrea if she wants to shorten her notice (and get it in writing). If she chooses not to, let Andrea know she no longer needs to report to work and that you will pay her through the notice period.
Get rid of Andrea, the sooner, the better. No harm is done since she gave her notice.
Wait till the end of the workweek to tell her she no longer needs to report to work. You are required to wait till the end of the week and consider her resignation before making a move.

Correct Answer: B

While you are not legally required to allow an employee to work through their notice period, forcing an employee to end employment before a notice period can turn a voluntary resignation into a termination and can increase an employer’s exposure to potential wrongful termination claims. Also, if an employer does not allow an employee to work through the notice period, some states can perceive the employer as being the moving party when determining an employee’s eligibility for unemployment insurance benefits.

Sometimes it is preferable to have the employee leave the office sooner rather than later. If you pay an employee through their notice period, even if they do not report to work, the employee will most likely be considered the moving party, and the separation will be considered a resignation. Confer with your FrankAdvice HR Consultant for guidance.

In order to avoid misclassifying employees, a supervisor should do all of the following except:

Conduct periodic audits of employee classifications.
Review job descriptions to be sure they accurately represent the employee's job duties.
Rely on previous determinations of employee classifications.
Reevaluate an employee's classification when implementing any organizational changes.

Correct Answer: C

Supervisors should not simply rely on past classifications of employees. They should periodically review jobs to determine if classifications have changed, as positions, roles, and tasks are commonly altered over time. Conducting periodic audits, reviewing job descriptions, and reevaluating classifications during organizational changes can help an employer avoid misclassifying an employee.

You can review the following resources below and then reach out to your HR Consultant for guidance as needed:

Exempt vs. Non-Exempt Infographic

https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Michelle has worked at Acme Wholesalers for three years. Each year, Michelle receives a five percent raise and an additional two days of vacation. Michelle is called to active duty for two years, and upon her return to Acme, Michelle is told that she is not entitled to her annual merit increase. Michelle is also told that she will not get her additional four days of vacation because the company had stopped increasing vacation time off when Michelle left. Did Acme violate USERRA?

No. Unlike other leaves, Michelle was on uniformed services leave and was not employed by Acme for two years, so she is not entitled to any benefits upon her reinstatement.
Yes. Acme is required to treat the two years that Michelle was on active duty as time worked when considering whether she is eligible for a pay increase.
No. Acme is not required to give Michelle the additional vacation time because it had stopped giving all employees that benefit two years prior.
Both (b) and (c) are correct.

Correct Answer: D

Choice b is correct because Acme is required to reemploy Michelle with any pay increase that she would likely have received had she been continuously employed by Acme. Choice c is correct because Michelle, like other Acme employees, would not have received additional vacation benefits had she been continuously employed by Acme. Choice a is incorrect because even though Michelle was on uniformed services leave, under USERRA, Acme must provide employees on uniformed services leave the same benefits provided to employees on comparable leaves.

According to recent data from the Bureau of Labor Statistics, employers reported more than 90,000 instances of workers missing at least a week of work because of military deployments or other civil service, such as jury duty or voting, during the first eight months of this year. This marks the highest level since 2006.

Employers should keep in mind obligations under the federal law, Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA applies to all employers. Employers are prohibited against discrimination and retaliation; are required to continue employee benefits; and must promptly reinstate returning employees from military duty to the job they would have held had they not left, including appropriate promotions or pay increases.

You hired Roberta the middle of April. She seemed fine during the interview … just a little nervous. She was the best candidate and you extended her an offer of employment.

After she was hired, you discovered that Roberta is a slow learner (and you suspect that she might have a learning disability). She also has a difficult time receiving criticism.
Now, four months into her employment, Roberta has been having what appear to be panic attacks. You have moved her to several different positions. Unfortunately, her panic attacks have continued and hinder her ability to interact with the public, which is an essential function of her job.

You really don’t think Roberta is going to improve. You would like to terminate her. After all, she’s an at-will employee. She’s never informed you that she has any disability and never asked for an accommodation.

Do you think you're good to move forward with termination?

Absolutely, though you feel sorry for Roberta, you need people who can work, and you don’t have time to babysit her. You’ve already tried training her and she’s just not getting it.
Maybe, since Roberta has not told you she has a disability or needs an accommodation, you do not have to worry about potential disability discrimination.
Yes, if Roberta had some type of physical condition or disability, you understand you’d have to accommodate her, but you cannot accommodate a mental problem.
No, or at least not yet. You need to learn more about Roberta’s condition before making any decisions.

Correct Answer: D

No, or at least not yet. You need to learn more about Roberta's condition before making any decisions.

The Americans with Disabilities Act (ADA) protects individuals from, among other things, discrimination in employment on the basis of their disability. If an employee can perform the essential functions of the job with or without a reasonable accommodation, employers may not take adverse action on the basis of the disability.

Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This includes people who have a record of such an impairment, even if they do not currently have a disability, as well as individuals who do not have a disability but are regarded as having a disability.

Mental disabilities are often more difficult to address in the workplace because of the stigma involved, and a lack of understanding.

In this situation, Roberta may have a mental disability, and has begun having performance problems related to this possible disability. Roberta has not disclosed that she has a disability, although the employer suspects she might. Let’s presume the employer decides (appropriately) to talk to Roberta about her performance. During the conversation, Roberta may blame her performance problems on a mental disability.

If an employee asserts that a disability is the cause of the conduct or problem, or requests accommodation, the employer may still give corrective action to the employee for the misconduct if the action taken is job-related and consistent with business necessity – and provided other employees are held to the same standard.

The employer may ask about the disability’s relevance to the misconduct, or if the employee thinks there is an accommodation that could help them avoid future misconduct. If an accommodation is requested, the employer should engage in the “interactive process” to determine whether one is needed to correct a conduct problem, and, if so, what accommodation would be effective. The employer may seek appropriate medical documentation to learn:

If the condition meets the ADA’s definition of disability;
Whether and to what extent the disability is affecting the employee’s conduct; and
What accommodation(s) may address the problem.

The employer should provide the employee with their job description so their doctor can evaluate their ability to perform the specific, essential job functions. This is one of the many reasons why employers need to periodically review job descriptions to ensure they still accurately reflect the essential duties for the position.

An employer may not refuse to engage in the interactive process with an employee who has been subject to corrective action, as this would be a violation of the ADA and state anti-discrimination laws.

Although mental disabilities can be more difficult to address, employers have an obligation to do so. If the employee continues to have performance issues or violates conduct standards, despite the reasonable accommodation, employers should meet with the employee again to determine if a different accommodation is appropriate. Should reasonable accommodations be exhausted, and the employee is still unable to perform the essential function of their job, an employer may move forward and consider termination. However, even then there is risk associated with terminating an employee who has a disability. Employers should not move forward without first talking to an employment law attorney or human resource professional.

If you find yourself in a similar situation, contact your FrankAdvice HR Consultant. We will walk you through the interactive process and how to have these difficult conversations with employees. We will help you make sure you’ve satisfied your obligations, and should the need arise, we can review a potential termination to help mitigate your risk of getting sued.

What is “quiet cracking”?

Furtively cracking your knuckles under the table at the weekly staff meeting
An employee not liking work but not yet posting about it on social media
An employee doing the bare minimum of work as a form of protest
An employee who is gradually disengaged and struggling to perform at a high level

Correct Answer: D

The term "quiet cracking" has emerged recently to describe a subtle but significant form of employee disengagement and dissatisfaction. It's often compared to "quiet quitting" but represents a deeper level of detachment.

What is Quiet Cracking?

Quiet cracking refers to a gradual, often unnoticed decline in an employee's motivation, commitment, and overall happiness at work. Unlike quiet quitting, where an employee deliberately does the minimum to meet job expectations as a form of protest, quiet cracking is more of a passive and often unintended internal breakdown. The employee may still show up and fulfill their basic duties, but their emotional and mental spark is gone. They are disengaged, feel overwhelmed, and are struggling to perform at a high level, even if they want to.

Causes of Quiet Cracking:

Several factors contribute to quiet cracking, often stemming from deeper issues within an organization:

Feeling unsafe to speak up: Employees may feel pressured to appear busy and committed, fearing negative consequences if they voice struggles or ask for help.
Economic instability and job insecurity: Anxiety about layoffs or a tight job market can lead employees to overload themselves with responsibilities without communicating their overwhelm.
Leadership ambiguity and poor communication: Unclear expectations or inconsistent priorities from leadership can cause undue stress as employees guess what's needed to succeed.
Lack of recognition and appreciation: When contributions go unnoticed, motivation can wane, making employees feel undervalued.
Limited advancement opportunities: Employees who don't see a clear path for growth or development may mentally check out.
Unmanageable workloads: Overwork and unrealistic demands, coupled with a lack of clarity about expectations, can lead to chronic stress.
Managerial disconnect and toxic environments: Unresponsive managers, micromanagement, or bullying can severely damage morale.

Consequences of Quiet Cracking:

The impact of quiet cracking can be significant for both employees and organizations:

Decreased productivity: A gradual decline in motivation leads to reduced quality and efficiency of work.
Erosion of morale and culture: When disengagement is prevalent, it can create a culture where overwork is normalized.
Stifled innovation: Overwhelmed employees are less likely to produce innovative work and may simply focus on meeting basic requirements.
Increased turnover: Employees experiencing quiet cracking are more likely to eventually leave abruptly, leading to unexpected and costly turnover for companies.

How to Address Quiet Cracking:

I. Fostering Psychological Safety & Communication:

Manager Training in Empathy and Active Listening: Train management to:
- Recognize subtle signs of stress and disengagement (changes in tone, withdrawn behavior, reduced enthusiasm).
- Conduct empathetic and non-judgmental check-ins. Ask questions like: "What's energizing you lately?" "What feels like a drain?" "What support would make your workload more manageable?"
- Model healthy work behaviors themselves (taking breaks, disconnecting after hours).
- Provide constructive feedback focused on work quality, not personal attacks.
Create Safe Spaces for Dialogue:
- Regular 1:1s: Make these consistent, protected time for employees to discuss challenges, career aspirations, and well-being without fear of reprisal.
- Feedback Mechanisms: Implement anonymous pulse surveys or suggestion boxes that genuinely inform HR and leadership decisions. Show employees that their feedback is heard and acted upon.
- Normalize Mental Health Conversations: Leaders and managers should openly discuss mental health and well-being, sharing their own experiences where appropriate, to destigmatize these topics.
Clear Expectations and Role Clarity: Ambiguity is a huge stressor.
- Regularly review and update job descriptions.
- Ensure employees understand their roles, responsibilities, and how their work contributes to the larger organizational goals.
- Clarify priorities to reduce confusion and overextension.

II. Workload Management & Resource Allocation:

Workload Audits and Redistribution: Proactively assess team workloads. Are certain individuals consistently overloaded? Work to redistribute tasks fairly and ensure no one is silently drowning.
Boundaries and Work-Life Integration:
- Encourage and Model Breaks: Promote taking regular breaks throughout the day and utilizing vacation time.
- Respect Off-Hours: Discourage after-hours emails or calls unless truly urgent. Set expectations around response times outside of working hours.
- Flexible Work Options: Where feasible, offer flexible schedules, remote work options, or hybrid models to give employees more autonomy and control over their time and work environment.
Provide Stress Management Tools and Training:
- Offer workshops or resources on time management, prioritization, and stress reduction techniques (e.g., mindfulness, resilience training).
- Don't just offer these; integrate them into the work culture as accepted and valued practices.

III. Growth, Recognition & Purpose:

Invest in Learning and Development:
- Provide clear pathways for skill development and career growth. Employees are less likely to "crack" when they see a future.
- Offer a variety of training opportunities, including soft skills (e.g., communication, emotional intelligence) and technical skills.
- Make time for learning – don't just offer access, but allow employees dedicated time.
Consistent and Meaningful Recognition:
- Regular Appreciation: Implement formal and informal recognition programs that acknowledge effort and contributions, not just outcomes. A simple "thank you" goes a long way.
- Tie Recognition to Values: Connect recognition to company values and goals to reinforce positive behaviors and a sense of purpose.
- Peer-to-Peer Recognition: Empower employees to recognize each other's contributions.
Connect Work to Purpose: Remind employees of the larger impact of their work and how their individual contributions fit into the company's mission. This can reignite passion and a sense of meaning.

IV. Access to Mental Health Support:

Promote Employee Assistance Programs (EAPs): Ensure employees are fully aware of EAP benefits, how to access them confidentially, and the range of services offered (counseling, financial advice, legal support).
Mental Health Resources: Provide easy access to a curated list of mental health resources and educational materials on stress, anxiety, and burnout.
Wellness Challenges and Initiatives: Organize company-wide wellness challenges (e.g., step challenges) that encourage healthy habits and build a sense of community.
Financial Wellness Programs: Economic stress is a significant contributor to quiet cracking. Offer resources on financial planning, budgeting, and debt management.

By creating a culture that prioritizes psychological safety, open communication, balanced workloads, and genuine employee development and recognition, you can build a more resilient and engaged workforce, helping to prevent cracks before they widen.

Do employees have some kind of free speech rights to talk about politics in the workplace? As an employer, what can you do – if anything?

There is nothing you can do. Prohibiting employees from discussing their political views would infringe upon their rights to free speech and is prohibited by the First Amendment.
Employers can prohibit all political discussions in the workplace – regardless of the topic.
Employers can limit political speech so long as the prohibition is equally applied and does not interfere with employees’ right to discuss the terms and conditions of their employment.
Employers can only prohibit political discussions if those discussions cause a disruption in the workplace.

Correct Answer: C — Employers can limit political speech so long as the prohibition is equally applied and does not interfere with employees’ right to discuss the terms and conditions of their employment.

Explanation:

Employers can limit political speech so long as the prohibition is equally applied and does not interfere with employees’ right to discuss the terms and conditions of their employment.

The First Amendment prohibits government from unduly restricting free speech. It does not apply to private employers or to private workplaces. As a result, private employers can adopt policies limiting political speech in the workplace.

That said, there are limits to this ability – namely under the National Labor Relations Act (“NLRA”). The NLRA protects employee’s rights to engage in protected concerted activity, which includes discussing terms and conditions of employment (i.e., wages, working conditions, work schedules, policies, etc.).

Certain types of political speech, namely those linked to a term and/or condition of employment, or relating to employees’ well-being, are considered protected speech under the NLRA and cannot be restricted by an employer. For example, employers cannot prevent employees from expressing disapproval for a candidate’s plans to freeze minimum wage, rollback workplace safety policies, and repeal protected leaves of absence.

While the NLRA prevents employers from curbing all political speech in the workplace, employers can limit political speech in the workplace to non-work time and in non-work areas without running afoul of the NLRA. However, attempting to implement such a workplace policy is impractical. To enforce the policy, the employer would be required to police employees’ oral and electronic communications, and it will likely prove impossible to apply consistently to all employees.

Instead, the employer should look to existing policies (e.g., non-solicitation policies, dress code policies, use of company property policies, employee conduct policies) and use those policies to limit political speech in the workplace. When using these policies in the context of political speech, employers should remember the following:

Be consistent. If an employer allows discussion on some political topics during work time, like whether the government should stop minting the penny, then the employer cannot prohibit discussions on other political topics, such as whether the government should have access to women’s medical records to find out if they traveled across state lines for an abortion. An employer cannot pick and choose what political topics may be discussed based on how divisive it could be.
Be fair. The employer cannot let its own political views dictate its actions or how it responds to employees. All employees must be treated equally and employer policies enforced fairly, regardless of an employee’s political leanings.
Be neutral. Do not attempt to sway employees to the employer’s political point of view. Keep in mind, many states have laws prohibiting employers from trying to influence employees’ political decisions.

Finally, if outbursts and combative discussions are disrupting the workplace, remind employees regardless of political views, employees are expected to work together in a professional manner to get work done.

For assistance in determining the best approach to political speech in your workplace, you can contact your FrankAdvice HR Consultant.

When conducting a preliminary interview for a potential candidate, what is the most important factor to assess first?

Their technical skills are specific to the role
Their cultural fit within the company
Their availability to start the job
Their educational background

Correct Answer: B -- Their cultural fit within the company

Explanation: While all factors are important, assessing a candidate's cultural fit early on is crucial to ensure they align with the company values and work environment, which can significantly impact their long-term success within the role.

Key points about the other options:

Technical skills:

While important, these can often be developed with training, making cultural fit a more immediate concern in the initial interview stage.

Availability to start:

While this is important for planning purposes, it's usually discussed later in the hiring process once a candidate has demonstrated suitability for the role.

Educational background:

While relevant, the initial focus is often on assessing a candidate's practical skills and potential fit within the team, not just their academic qualifications.

What is catfishing?

Where job seekers or employers misrepresent themselves
Throwing a wide net to land potential employees
Your favorite flex-time activity
Upskilling in your current role

Correct Answer: A

You’ve probably heard of ghosting—a trend where both potential employees and potential employers “disappear” after starting to interact with each other for an open position. A relatively new buzzword is getting some attention these days—catfishing. It’s the inclination for either job seekers or employers to misrepresent themselves during the recruitment process.

This can involve candidates exaggerating their skills or background (active deception about what they will bring to a role) to secure a position, or employers misleading job seekers about the job’s responsibilities or benefits (promoting workplace flexibility but employees struggle to get a day off). It can also involve accepting a job offer with no intention of showing up, known as “career catfishing.”

The rise of catfishing highlights issues in the hiring process. Clear communication, mutual respect, and timely feedback at each stage are crucial. Both the employer and the potential employee must make the effort to have more transparent and professional interactions.

What Is A "Core Competency"?

Knowing how to do sit-ups correctly
A star employee
An attribute deemed necessary for success
A company value

Correct Answer: C

Core competencies are sets of skills, knowledge and behaviors unique to the successful performance of a specific position. For example, a core competency of a sales person may be "the ability to persuade," and a core competency of a customer-service representative may be "the ability to resolve customer problems."

Core competencies may also be identified as the qualities and characteristics that are deemed necessary for success across the organization, regardless of the position. These competencies are often listed in job descriptions to ensure a good fit into the organization. An example of an organizational core competency might be "the ability to take initiative."

In the five years that he has worked for the Dreamscape Resort, Alfred (the Resort’s Bookkeeper), has been a nightmare employee. He calls out excessively and, when he does come to work, he routinely arrives late. In addition, Alfred has performance issues and regularly argues with his supervisor.

While reviewing Alfred’s personnel file, Melissa (the Resort’s General Manager) realized Alfred lied on his employment application. The application states that Alfred worked for XYZ RVs for 10 years, but Alfred’s LinkedIn profile says he only worked there for 5 years.

Their application contains the following statement:

I understand that any omission or misstatement of material fact on this application or on any document used to secure employment shall be grounds for rejection of this application or for immediate discharge if I am employed, regardless of the time elapsed before discovery.

Can Melissa terminate Alfred for lying on his application?

Melissa is good to go. He lied -- fire away.
Melissa has not reviewed every employee’s application and terminated every employee whose application contains a lie. Instead, Melissa should go through the normal corrective action process to address the poor performance and behavioral issues.
This statement says “…regardless of the time elapsed before discovery.” Even though it’s been a while, this statement gives the company the right to terminate.
A & C

Correct Answer: B - Melissa has not reviewed every employee’s application and terminated every employee whose application contains a lie. Instead, Melissa should go through the normal corrective action process to address the poor performance and behavioral issues.

While this statement can give employers the right to terminate under certain circumstances, if not consistently applied, it may be considered retaliatory if an employee claims the termination was discriminatory in nature. If other applicants or employees were not adversely affected by putting false information, misstatements, or omissions on their applications, it may be difficult for an employer to prove this was the reason for termination.

However, if the discovery was relating to fraudulent information that suddenly came to the employer’s attention and the discrepancy was corroborated by information found on the application, it may be more believable this was the sole reason for termination and not some other underlying reason. For example, an employee never attended college and did not receive his degree in Engineering, which is a minimum requirement to obtain the job.

Keep in mind, an attestation statement on an application will not supersede violations of public policy, such as anti-discrimination laws. For this reason, it is advised to follow the company’s normal corrective action procedures, document all performance and behavioral problems, and terminate an employee based upon a failure to address the poor performance and behavioral issues.

Have more questions or a similar situation? Reach out to your FrankAdvice HR Consultant for guidance.

The manager should never assume an employee's poor performance is due to:

Lack of effort or carelessness.
Inadequate or insufficient training.
Inadequate tools or equipment.
Unclear work instructions.

Correct Answer: A

Although an employee's poor performance may be influenced by many things, the supervisor should never assume it is the employee's lack of effort or carelessness causing the problem.

There could be underlying reasons such as poor training, inadequate equipment, unclear instructions, personal issues, work stress, or other factors contributing to the poor performance. The manager should investigate by having open communication with the employee.

Emma is preparing materials that her manager Steven has asked for in connection with an important presentation. The day of the presentation, Steven tells other co-workers that Emma was lazy and made numerous errors in researching the information. Emma complains to senior management.

What should Steven do?

Nothing, because Steven fosters open communication with his employees.
Talk to Emma directly about what happened.
Remove Emma from further department projects.
Put Emma on a performance improvement plan.

Correct Answer: B

B. Steven should talk to Emma directly about what happened in a calm and productive manner. If Steven engages in c or d, it will be viewed as retaliation for having complained to senior management. By speaking with Emma about her mistakes, Steven can provide constructive feedback to address the deficient performance. However, Steven should apologize for raising these issues in front of co-workers. If Steven is uncomfortable discussing the issue directly with Emma, Steven should seek guidance.

For guidance on handling employee issues, reach out to your FrankAdvice HR Consultant as needed.

What is the most effective way to address areas for improvement in a performance review?

Point out specific examples of behavior or work that needs improvement, offering clear suggestions for how to change.
Focus solely on negative feedback and highlight areas where the employee has fallen short.
Use vague language and general criticisms without providing concrete guidance.
Offer praise and encouragement only, avoiding any mention of areas for improvement.

Correct Answer: A

Explanation:

Option A

is the best practice because it provides constructive feedback. It identifies specific issues with actionable suggestions for improvement, allowing the employee to understand what needs to be adjusted and how to make those changes.

Option B

is detrimental as it can demotivate and discourage employees. Focusing solely on negative feedback without offering solutions can leave the employee feeling attacked and unsure of how to move forward.

Option C

is ineffective as it lacks the specificity needed for meaningful improvement. Vague language and general criticisms don't give the employee clear direction on how to address their weaknesses.

Option D

while positive feedback is important, it doesn't address areas for improvement. Performance reviews should offer a balanced perspective, acknowledging strengths while also identifying areas where the employee can grow. Avoiding any mention of weaknesses prevents the employee from receiving the necessary feedback for development.

For guidance on performance reviews, as well as coaching best practices, reach out to your FrankAdvice HR Consultant.

Sherry owns a local fast-food restaurant and employs many minor employees. She has never had any issues with employing minors until she hired Mark (who is 16).

Mark regularly reports to work late and, after 5 tardies, Sherry issues a written warning. Mark is immediately apologetic. He signs the written warning and promises he will work harder to report to work on time.

The next day, Sherry receives a phone call from Mark’s mother, Pamela. She is terribly upset she was not contacted before Mark received a written warning. Pamela also accuses Sherry of breaking the law because she asked a minor to sign a written warning. Finally, Pamela informs Sherry that, in the future, she must be present anytime Sherry speaks with her son.

Does Sherry have to comply with Pamela’s demands?

Yes
No
Maybe

Correct Answer: B

In this instance, employers are not required to treat minors any differently than they would other employees. Regardless of the age of the employee, the employment relationship is with the employee. Therefore, employers are only required to communicate with the employee regarding issues that arise during the employment relationship -- even if the topic of conversation is corrective action or an investigation.

Parental involvement is not a requirement of the law.

You are Aaron’s manager and work in a business casual office. Aaron came into the office wearing a t-shirt and gym shorts to work on Tuesday. He knows the dress code since he has been working for the company since 2019. What should you do?

Say nothing until he does it again.
Tell him what he is wearing is inappropriate for the workplace in front of the entire team.
Review the dress code in the employee handbook and tell him privately that what he is wearing does not align with the dress code.
Compliment his outfit.

Correct Answer: C

Since the office is business casual there is no reason for Aaron to be wearing gym clothes. As the manager, you should pull Aaron aside privately and speak with him. Discuss with him the dress code policy and tell him that what he is wearing is not appropriate for the office.

On Monday, a nonexempt employee left work at 11 a.m. for a dentist appointment; the employee returned to the office at 12:30. His supervisor walked by his desk while he was out, but did not make a note of his absence. The employee worked through lunch and brought the rest of his work home. He worked for two and a half hours at home. He brought work home with him on Tuesday, Wednesday, and Thursday nights. When he submitted his timesheet for the week, he indicated that he worked eight hours each day.

What are the implications for this employee's work week?

The employee did not need to keep track of the time he worked at home, since the time worked averaged out at the end of the week.
The employee must be paid for all of his working time, regardless of what is indicated on his time sheet.
The employee should be paid for only the time indicated on his time sheet because he was responsible for completing it.
The FLSA prohibits a nonexempt employee from taking off during the workday, so the employee did not need to be paid for that time.

Correct Answer: B

The supervisor should have noted his extended absence on Monday. The employee could have been allowed to leave for the dentist appointment and to work through lunch to make up some of the time lost, but the employee should have asked permission to work at home. The supervisor should remind the employee to submit accurate timesheets and to seek permission to work from home. The employee must be paid for all time spent working at home during the week, including any overtime.

An employee who has filed a wage and hour complaint can have corrective action under what circumstance?

The employee violated a company policy for which other violators have had corrective action.
The employer has not made any mistakes paying the employee.
The employee went straight to the US Labor Department without making the employer aware of the issue first.
The employee may not have corrective action until the complaint is resolved.
All of the above

Correct Answer: A

An employee may not be retaliated against for filing a wage and hour claim, but filing a wage and hour claim does not shield an employee from corrective action for a legitimate reason. An employee has no obligation to alert the employer before making a complaint. Nor may an employer administer corrective action to an employee for making a complaint after the complaint is resolved.

For guidance on handling employee issues, and if you receive a legal complaint, reach out to your FrankAdvice HR Consultant.

What is the loyalty tax?

What you find after reading the fine print on your loyalty rewards program
A new IRS tax for long-term married couples
A long-term employee penalty
A new hire who is very enthusiastic about your company and says they will never leave

Correct Answer: C

The employee loyalty tax is where long-term employees earn less than their market value because they stay with the same company. This can happen for a couple of reasons, such as companies offering higher salaries to new hires (which can result in pay compression) and employee salary increases not keeping pace with inflation.

Employees paying this tax tend to feel undervalued and are less likely to be happy and highly productive. If employees can get a significant raise by moving to a new company, they're more likely to leave. This turnover can be costly for businesses, as they have to spend time and money recruiting and training new workers.

An employee tells her employer she may need to take three weeks off due to a disability but does not qualify for FMLA or other state-protected leave. What should an employer do in this situation?

Provide paid leave to the employee since it is due to a disability.
Terminate the employee since the leave is not protected.
Discuss with the employee to determine possible accommodations.
Provide unpaid leave but promise the employee that her job will be there for her when she’s ready to return.

Correct Answer: C

When an employee brings to their employer’s attention that they have a disability, the employer should engage in the interactive process with the employee to determine what limitations the disability may pose on the employee and what, if any, reasonable accommodation can be provided. In a situation where a reasonable accommodation cannot be identified that would enable the employee to continue working, such as not being able to work because the employee is having surgery performed, an employer should consider providing leave, which can be paid or unpaid. Keep in mind that if the employee is not protected by FMLA or similar state-level leave, their job would not be protected and employers should be wary of promising to hold the employee’s job in these circumstances in case there is a business need to fill the position in the employee’s absence or the employee unexpectedly extends their leave beyond what an employer can provide.

A supervisor gives Eddie an average rating, the same as he received last year, but said in the narrative, "Eddie does not seem to have the same energy and enthusiasm for the job he used to have."

Is this OK to do? Pick the statement that does not belong.

Yes, it should motivate him to work harder.
No, it focuses on attitude rather than performance.
No, it could lead to liability for age discrimination (if Eddie is at least 40).
No, if his performance is not good, he should not be given a decent rating.

Correct Answer: A

A is the statement that does not belong. Choices B and C belong because the narrative statement could violate the Age Discrimination in Employment Act, and it focuses on attitude and not performance. Specific examples of poor performance should be given, not subjective statements without examples to back them up. Choice D belongs because if the employee's performance is not good, it is not acceptable to keep giving him satisfactory reviews.

For guidance on employee performance management, reach out to your FrankAdvice HR Consultant for their expertise.

What is loud quitting?

An employee quits and openly expresses negative feelings towards their employer
An employee yelling “I quit” and then running out the door never to be heard from again
An employee noisily packing up their desk on their last day
A lot of employees quitting on the same day

Correct Answer: A

While quiet quitting is an employee disengaging and not telling anyone, loud quitting involves an employee letting others know that they are unhappy. Loud quitting can take many forms; from speaking negatively before their last day to co-workers to posting negative comments on social media.

There can be many reasons for a loud quitting. Poor working conditions, poor leadership, poor work-life balance, poor communication, poor recognition. An employee who quits loudly is dissatisfied with the job.

An employee may resort to loud quitting if they feel that their voice is not heard. It is important for employers to know what employees value in the workplace. A company can reduce the likelihood of loud quitting by proactively tackling issues and creating an environment where employees feel heard and valued.

Loud quitting can have repercussions for both the employee and the employer. For the employer it can cause disruption in the workplace. It is important to remember labor law and that employees have the legal right to discuss wages, hours, and terms and conditions of employment. Another downside for the employer can be negative public perception. Before responding to a viral post that may have affected company image you would want to consult with legal counsel.

At a time when retention and engagement is top of mind, continue to focus on the employee experience. Don’t just dismiss the loud quitter as a disgruntled employee better off elsewhere. That employee may have highlighted problems that negatively affect the team and work processes that can be addressed.

Carter goes to dialysis three times a week. He goes as early in the morning as possible, but needs to arrive to work an hour late. His co-workers ask their supervisor why Carter is allowed to come in late on a regular basis.

How should the supervisor respond?

The supervisor should ask the other employees to show some compassion because Carter is going to dialysis due to kidney failure.
The supervisor should ignore their questions because Carter’s business is none of their business.
The supervisor should explain Carter’s situation because his co-workers have a legitimate need to know.
The supervisor should explain the employer's obligation to maintain the confidentiality of Carter’s - and all employees' - personnel issues.

Correct Answer: D

D. The supervisor is obligated by the ADA to keep employees' medical information confidential. Therefore, choices A and C are incorrect. The other employees do not have a legitimate need to know about Carter’s medical condition. Ignoring employees, choice B, is not a proper or effective way to manage employees.

When is a supervisor considered to be an agent of the employer?

During working time.
Anytime during the workweek.
At all times.
At all times, except when on vacation.

Correct Answer: C

C. A supervisor is always "on." Choice A is incorrect because a supervisor does not cease representing the employer during off hours; likewise B during the weekends; or likewise D when on vacation.
.

Which of the following is not compensable work time?

Commuting to and from work.
Attending new employee training.
Answering the phone during a meal break.
Picking up supplies and equipment on the way to a work site
A&B

Correct Answer: A

Commuting to and from work is generally not considered work time under the FLSA. However, if an employee is required to perform a work-related task, such as picking up equipment or another employee, or uses commuting time to conduct business, such as preparing a report while riding the bus to work, such time will be considered work time. Attending new employee training, answering the phone during a meal break, and picking up supplies and equipment on the way to a work site are all considered compensable under the FLSA.

A prospective employee applies for employment on January 1st, receives and accepts an offer of employment on January 15th, and will begin working on January 30th. When must the employee complete Section 1 of the I-9?

January 1st.
January 15th.
January 30th.
February 4th (i.e., three business days after starting work).

Correct Answer: C

The deadline for the employee to complete Section 1 is the day they actually begin working (January 30th). The employer may, however, ask the employee to complete Section 1 any time after the employee accepts the job offer (January 15th ), but not before then.

Employers or the authorized representative must complete Section 2 within three business days employment begins. If you hire someone for less than three business days, Section 2 must be completed by the first day of employment.

You arrive at work Monday morning, and Mike, one of your warehouse employees, comes to you to report concerning behavior. He claims that he saw Joe, the forklift operator, at a party over the weekend snorting a white substance and was obviously under the influence. Mike also adds that he always thought Joe was a “no good druggie.” Your company has a drug-free workplace policy but isn’t clear on drug testing procedures. Mike has been a great employee with the company for five years and you trust him. You are also concerned since Joe is in a safety-sensitive position.

What should you do?

Terminate Joe immediately. This type of behavior puts the company at risk should Joe be under the influence at work and cause an accident.
Refrain from sending Joe for drug testing but investigate the claim.
Send Joe for a drug test that same day. This way you have proof that he violated your drug testing policy.
Leave Joe alone, it was the weekend during off hours and it’s his choice if he wants to party.

Correct Answer: B

In the absence of a formal drug testing policy that notifies employees of the testing reasons and procedures, employers should refrain from drug testing an employee. The majority of states have laws in place that dictate the use of drug testing policies including how long the policy must be in place before testing employees, the reasons that drug testing can be used (such as reasonable suspicion or post-accident), and additional information that must be included in the policy for it to be considered valid.

You should also be careful about taking Mike’s word. Although you may trust Mike since he’s a good employee, Mike also expressed his dislike for Joe by referring to him as a “no good druggie” and could be trying to find a way to get Joe fired. Even if you have a valid drug testing policy in place, you should not use this as the basis for sending Joe for testing. Instead, you should base your reasonable suspicion testing on behavior observed by you or other management-level employees and document the behavior.

Since your company has a drug-free workplace policy in place, you can still enforce your policy unless a state or local law protects this type of employee behavior outside of the workplace. If you did have a drug testing policy and a valid reason to send Joe for testing, a positive drug screen, regardless of whether he says he used drugs outside of work hours, would still be valid and could result in corrective action in line with your policy.

Because Joe is in a safety-sensitive position, you should still look into the matter. While your policies as they stand may not allow you to send Joe for drug testing, you should still address the concern with the employee and reinforce your drug-free workplace policy with him. After that, it may be time to look at implementing a drug testing policy.

An applicant you are considering for an open position approaches you and asks to be brought on as an independent contractor instead of a regular employee. Is this allowed?

No, the position was originally opened to hire a regular employee and cannot be changed once it is posted.
Maybe. You should review the job duties and conditions first to determine if an independent contractor can be utilized for the position.
Yes, if the applicant wants to be categorized as an independent contractor that is their choice.
Maybe. If you agree to bringing the candidate on as an independent contractor, you can do so since it’s the employer’s decision to categorize workers as employees or independent contractors.

Correct Answer: B

Whether a worker is classified as an employee or independent contractor is not based on the worker or business’ preference and does not depend on how the position was initially posted if a different classification is more appropriate. This classification must be based, instead, on the relationship between the worker and the business and the amount of behavioral and financial control the business has over the worker. Generally speaking, an employer that retains control over what hours the worker performs job duties, what tools they use, and how they go about performing their job would mean there is an employer/employee relationship and cannot be categorized as an independent contractor.

Typically, an employer that partners with an independent contractor can define the scope of the work but does not have control over how and when the work is performed; independent contractors will generally supply their own tools as well. For example, a business may bring in a painter to paint the company’s offices but aside from providing a deadline for the work, what colors to use, and what times they will have access to the offices the independent contractor is free to work at their own pace, use their own tools, and utilize the methods they see fit.

Misclassifying a worker as an independent contractor can lead to wage law violations, unpaid employment taxes, I-9 violations, unpaid workers’ compensation premiums, and other issues, which can lead to the employer being held liable for backpay, penalties, fines. Misclassification can even lead to jail time.

What are some benefits in upskilling and reskilling programs within a company?

Positively impacts employer branding and attracting top talent.
Increases employee engagement and retention rates
Aims to keep the workforce equipped to meet the challenges of a rapidly changing business landscape.
All the above

Correct answer: D

Rapid technological advancements and evolving business needs require employees to update their skills continually. Upskilling refers to providing training opportunities to existing employees to acquire new skills. Reskilling involves retraining employees for entirely new roles. The purpose of reskilling is to equip employees with the necessary skills to transition into different roles within the organization to avoid layoffs and retain valuable talent. Upskilling and reskilling programs are used to ensure a company’s workforce remains competitive and adaptable.

Ok, so you probably correctly guessed D. All the above. You know this and why you should do this but what can you do to put this into practice?

Reskilling and upskilling can be introduced to your company by creating a career pathing program. Career pathing is the process of aligning opportunities for employee career growth with organizational talent priorities and is driven by the individual’s skills, interests, and career objectives.

Evaluate the specific skills needed for each role and understand the type of training required for employees moving into the role.
Conduct a skills gap analysis to compare the skills your current employees have to what skills your company will need to remain competitive.
Understand your individual employee’s career goals and existing skills and you can develop a clear path of what steps to take to get your employee from their current position to the role that would best benefit both the employee and the company.
Discuss the type of training or mentoring that would be provided, steps the employee should take (including any necessary certification or formal education), and milestones the company will look for.

Connect with your FrankAdvice HR Consultant on reskilling and upskilling strategies you can use in your organization.

How long does a meal break need to be?

15 minutes
30 minutes
1 hour
It depends

The answer is D. It depends.

If an employer wishes to have unpaid meal breaks, then the meal break generally must be at least 30 uninterrupted minutes long.

If an employer pays their nonexempt employees for time spent in meal breaks, federal law does not require that the meal breaks be any particular duration.

However, 20 states (California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington, and West Virginia) require meal breaks of certain durations. Employers should consider state laws and regulations to determine the minimum length of a meal break.

How long does a meal break need to be?

Padding your resume so you look better
Having contingency plans to prepare for the unexpected
Ergonomic cushion for your desk chair
Having some good excuses ready for when you make a big mistake

Correct Answer: B

Career cushioning is a term that's being used to refer to the decision of “keeping your options open” as an employee. It refers to an employee having a backup plan to be prepared for changes that may come their way (layoff, lack of career opportunity, as examples) at their current job. An employee may look at their options (skill development, a new job, a freelance opportunity) while they are still in their current roles to create a safety net to feel more secure and take action to future-proof their career and their success over the long term.

Nandi went for an interview with Model World magazine. Model World has a strict dress code that requires individuals to adhere to a certain look policy and prohibits individuals from wearing headpieces. During the interview, Nandi wears a hijab. She does not ask for an accommodation or suggest that she will wear it if she gets the job. When it comes time to decide whether or not she will be hired, Amanda, the supervisor, picks Sheryl over Nandi because she believes that Nandi will request a religious accommodation based on the hijab.

Is this lawful?

No, because Amanda let the hijab influence her decision.
Yes, because employers are permitted to institute dress codes for professional business and safety reasons.
Yes, because Nandi never specifically requested an accommodation.
Yes, because the hijab will turn away customers.

Correct Answer: A

Choice A is correct because an employer is not permitted to let a religious accommodation influence her decision. Choice B is incorrect because even though an employer is allowed to implement a dress code for professional business reasons, an employer must be prepared to make reasonable accommodations. Choice C is incorrect because Nandi does not have to specifically request an accommodation if Model World allows it to unnecessarily influence its decision whether to hire her or not. Choice D is incorrect because customer preference is not a valid reason to grant or deny a religious accommodation.

Deductions to an Exempt Employee's Salary

You have an exempt employee who quit in the middle of a workweek. The employee states you must pay her for the entire week. How should you handle this issue?

You must pay the employee for the entire workweek.
During the initial or terminal week of employment, an individual's pay may be reduced to reflect days actually worked, so you would only pay the employee for the days they actually worked.
You are not required to pay anything since the employee ended employment in the middle of a workweek.

Correct Answer: B

B: During the initial or terminal week of employment, an individual's pay may be reduced to reflect days actually worked, so you would only pay the employee for the days they actually worked.

Examples:

If your workweek runs Monday-Sunday, with a two-day weekend, and your employee starts on Wednesday, you only have to pay her for Wednesday, Thursday, and Friday.
Likewise, if her last day of work is Wednesday, you only have to pay for Monday, Tuesday, and Wednesday.

May an employer be sued due to the contents of a post-termination reference?

Correct Answer: A

Yes, absolutely. This is where the majority of employment-related defamation claims get started. If the employer makes any false statements about former employees that are damaging to their reputation - particularly those that may affect whether the individual gets re-hired - it could be exposed to a claim for defamation. The easy way to avoid defamation claims is to stick to the facts when making post-termination references. Many businesses will provide references that only include basic information like date of hire, employment tenure and date of organizational exit. If the reference sticks to those facts, the employer can avoid a defamation lawsuit. If, however, a more detailed reference is preferred, it should include only factual information. Employers should try to stay away from providing an opinion regarding a former employee as that type of information could be viewed as false and damaging, depending on how it's phrased.

Is there a legal requirement for employers to advertise every job opening publicly?

Correct Answer: B

No. Employers do not have to advertise all job openings. However, employers that are federal contractors and therefore fall under the auspices of Executive Order 12466 must be able to show, if audited, that they have made genuine efforts to attract and recruit qualified applicants in protected classes to fill underutilized positions. These efforts usually include advertising as well as actively reaching out to community organizations that work with protected classes.

Employees who are paid a salary don’t get overtime.

True
False
It Depends

Correct Answer: 3. It Depends

Salary is how someone is paid, and both exempt and nonexempt employees may be paid on a salary basis. Exempt employees do not get overtime. A salaried nonexempt employee is entitled to overtime under the law.

The Fair Labor Standards Act, as well as many states, set out specific requirements to be met before an employer can classify an employee as exempt. This includes being paid a salary meeting the minimum threshold for the particular exemption and performing certain exempt duties. If an employee’s position does not meet the salary test or duties test, then the employee is nonexempt and entitled to overtime.

What does BFOQ stand for?

Big Financial Opportunity Of The Quarter
Bona Fide Occupational Qualification
Business Feedback On Qualified Candidate
Bull Fighters Only Question
Better Frequency or Quality
Background Feedback on Qualifications

Correct Answer: B

A bona fide occupational qualification is a quality or an attribute that an employer is permitted to consider when making an employment decision that would otherwise be deemed discriminatory but is reasonably related to the essential duties of the job and considered necessary for the safe and efficient operation of the business. Title VII and the ADEA allow employers to discriminate based on religion, sex, national origin, or age in instances in which religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. For example, it is reasonable for an employer to consider age when seeking drivers or pilots; religion when seeking parochial school teachers or clergy members; sex when looking for locker room attendants.

After Dana returned from a medical leave of absence, her supervisor Malcolm demoted her to compensate for the extra work her co-workers covered while she was on leave. Does Dana have a legal claim against the employer?

No, because Dana failed to complain in accordance with the employer's policies.
Yes, because Malcolm treated Dana adversely due to a protected trait.
No, because the harassment only happened once.
Yes, because Dana never received a poor performance evaluation.

Correct Answer: B

If a supervisor treats an employee adversely due to a legally protected characteristic and the supervisor's behavior results in a tangible employment action, the employer will be strictly liable. In this case, Malcolm penalized Dana because of an implied disability by demoting her. Because Malcolm is a supervisor, the employer is responsible for the harassment. Consequently, the employer has no defense that Dana failed to complain. Similarly, because a tangible employment action resulted in the demotion, the fact that it happened only once is irrelevant.

For questions on what to do in employment situations, reach out to your FrankAdvice Human Resources Consultant for guidance.

What is intrinsic motivation?

An employee motivated by personal satisfaction
An employee motivated by money
An employee motivated by the threat of punishment
An employee motivated by praise

Correct Answer: A

Motivation is what drives behavior. It is the force behind an individual's decision to act, or not to act. The elements that make up motivation are generally complex and unique to each person. Individuals are driven by a combination of factors and ultimately, they may change over time.

Intrinsically motivated behaviors provide a sense of personal satisfaction and are personally rewarding. Extrinsically motivated behaviors are motivated by external reward or gain. Both types of motivation have their benefits, but intrinsic motivation tends to lead to higher levels of performance and employee satisfaction.

What are some things you can do to tap into employee intrinsic motivation?

Provide increased employee line of sight between what they do and where the company is going. Communicate about the business and hold one on one meetings with direct reports. Employees like it when they have a purpose and a vested interest in the success of the organization. Job descriptions and performance evaluations, where responsibilities and goals are clearly defined, are important tools.
Provide coaching, support, and appreciation. Ask employees for their input and listen to act as appropriate. Create an environment of trust, respect, and inclusivity.
Provide ownership and autonomy – don’t micromanage. Deliver job enrichment where you can and opportunities to fulfill their personal interests (whether training and education, career growth, or work-life balance) within the framework of the employer’s needs.

Companies with highly engaged employees generally demonstrate a higher revenue growth when compared to their industry peers. Additionally, shifting an individual employee from low engagement to high engagement can improve employee performance and significantly reduce recruitment costs.

While understanding what inspires employees to remain interested in their work, invested in their employer, and perform at a high level within an organization often varies depending on whom is asked, the above recommendations should assist employers in fostering employee motivation in their organization.

What is proximity bias?

A preference for workers that you can physically see
The employee who sits closest to the boss at a meeting gets stuck with extra work
Not liking someone who invades your space and doesn’t stay six feet away from you
An illegal form of discrimination under Title VII of the Civil Rights Act

Correct Answer: A

Proximity bias has been moved to the forefront recently with the rise of remote work, but has existed in the workplace long before the pandemic. There can be a tendency, whether conscious or unconscious, to look more favorably on those you see more often. Those in the office can enjoy easier access to information, opportunities to work on more desirable projects, and be top of mind for career development due to their proximity to company leaders. The boss may have an inflated view (harder working, more dependable) of those they see more, although logically they know that a remote worker, although perhaps “out of sight, out of mind," is working too.

It has always been important to evaluate results and deliverables over “face time” and base decisions about performance and promotions on objective criteria instead of familiarity. The best way to tackle proximity bias is not to ignore it or insist everyone is together every day, but to recognize different ways of working and adapt how you manage your workforce. Making sure employees feel valued and have a sense of belonging is always crucial, especially when they do not all work in the same location.

Make sure you regularly connect with each person on your team. Include remote workers in important meetings and encourage them to speak up on calls. Utilize technology and digital collaborative tools such as Microsoft Teams or a company intranet. Know who is getting projects, who is getting recognized. Measure the work that is getting done not just time spent in the office. Be mindful of proximity bias so you can create a more inclusive workplace.

What is title inflation?

1. Providing a grandiose job title
2. Paying more for a position because of economic inflation
3. A person who is frequently promoted in their career
4. Adding "Sr." to an existing job title

Correct Answer: A

Some employers may decide to offer inflated job titles to help compete in the war for talent. Sometimes a company cannot pay a higher salary to a candidate, so they decide to provide a better job title. Or an existing employee is asking for a promotion and the money isn’t there. Many younger employees want to advance quickly and are willing to switch jobs frequently so an employer may try to retain them and keep them happy with an inflated job title.

However, title inflation can cause problems. It can cause morale issues with current employees who feel they have been loyal and deserve promotions. It can cause problems with recruiters trying to correctly match a position. It can also cause problems down the road for the person with the inflated title.

When someone with an inflated title leaves a company, their knowledge, skills, and abilities won’t match up with their inflated title. The recruiter at a new company might feel something isn’t right and can ask probing questions so they do not hire an underqualified candidate. For someone who has a director title, for instance, “were you an individual contributor, or did you manage a team”? The disconnect could be a deal-breaker and the individual can miss out on opportunities and may need to go backward with a title in their career.

ABC Co. offers its employees a bereavement policy that provides for three days paid leave for the death of an employee's spouse, parent, child, sibling, or grandparent. Jennifer's domestic partner passed away, and Jennifer asked ABC Co. if she is entitled to the same benefits under the bereavement leave policy as those employees grieving the deaths of other immediate family members. Is Jennifer entitled to bereavement leave, and if so, how much?

Jennifer is not entitled to three days paid leave because a domestic partner is not considered an immediate family member or close relative under ABC's bereavement policy.
Jennifer is entitled to one day of paid leave because her domestic partner is not an immediate family member but is considered a close relative.
Jennifer is entitled to three days paid leave because in Jennifer's state, domestic partners are entitled to the same benefits as spouses, and Jennifer is eligible for bereavement leave.

Correct Answer: c

In many states, domestic partners are entitled to the same benefits as other immediate family members. ABC Co. should have checked with its state requirements before drafting its Bereavement Leave Policy to make sure it complied with state law and included all individuals entitled to coverage. Choice a is incorrect because domestic partners may be considered immediate family members for purposes of employment benefits. Likewise, choice b is incorrect because a domestic partner will likely be considered an immediate family member for benefits coverage.

Reach out to your FrankAdvice HR Consultant as needed.

You have an employee that has worked for you for two years as a server. She has worked a total of 1,485 hours in the last year. You have 30 employees at her location, and 25 miles away you have 40 employees at another location. She is pregnant and is planning to take time off when the baby is born. She just fell while taking drinks to a customer and broke her ankle. Her doctor provided a note and says she's not able to work for a few weeks due to her fall.

How should her time off be handled?

Family Medical Leave Act
Workers’ Compensation
State Pregnancy Disability Leave (state dependent)
Americans with Disabilities Act
Domestic Violence Leave
A, B, C, D
B, C, D
B, C
B Only
All of the above

Correct Answer: F. A,B,C,D

Family Medical Leave Act – She has a serious medical condition that prevents her from working and she meets the qualifications for FMLA.
Workers' Compensation Leave – She was hurt on the job, so it needs to be designated as workers' comp.
State Pregnancy Disability Leave (state dependent) – She's pregnant and disabled so any state pregnancy disability leave would apply.
Americans with Disabilities Act – Since she is disabled, she would have protections under this law.
Domestic Violence Leave – nothing here suggests a domestic violence component so this would not apply.

Question: What is constructive discharge?

Where you fire someone but give them helpful tips for their next job
A positive termination meeting where all parties agree the right decision was made
When intolerable working conditions cause an employee to resign
Where you can’t help but give out good advice at work

Correct Answer: C

Commonly referred to as a forced resignation, it occurs when intolerable working conditions cause an employee to resign.

A claim for constructive discharge requires a demonstration by the employee that working conditions were objectively intolerable or that a reasonable person in the employee's position would not have been able to tolerate working conditions.
Alternatively, an employee can demonstrate constructive discharge by showing that the employer acted in a way, such as when the employee returned from leave to find all their belongings packed up and their office being used as storage, so as to demonstrate to a reasonable person that he or she had been fired.
A forced or coerced resignation may be considered a "constructive discharge," meaning that the employee in question may be entitled to similar or identical remedies to employees who are formally terminated.
A continuous pattern of discriminatory or harassing treatment will often be sufficient to prove a claim for constructive discharge.
The majority of federal courts do not require a demonstration that the employer deliberately created the objectively intolerable working conditions, with a few exceptions.
Employers can defend against claims for constructive discharge in some cases by showing they had an effective grievance procedure in place, that they took appropriate action in response to the employee's complaints, if any, or that the plaintiff failed to make use of the grievance procedure.
Claims for constructive discharge are recognized under federal discrimination statutes such as Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Federal labor statutes like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) also permit claims for constructive discharge.

Question: What is predictive scheduling?

Your new scheduling software
Getting out your crystal ball to anticipate what shifts you will be working
Working Monday- Friday 8am-5pm
When employers provide employees work schedules in advance

Correct Answer is d.

Workplace flexibility has been embraced by many employers as a positive workplace practice. Flexible scheduling's positive aspects for the workplace include:

Promoting work-life balance;
Reducing stress;
Promoting improved planning; and
Offering an affordable and reasonable accommodation to ensure compliance under disabilities laws.

While workplace flexibility initiatives continue to be a strategic option for many employers, some jurisdictions have passed laws protecting an employee's right to request flexible working options without fear of retaliation.

In addition, certain jurisdictions have gone further than right-to-request flexible arrangements laws by introducing more taxing requirements. These scheduling laws, alternately referred to as predictive, secure, fair or predictable, impose an increased number of requirements on employers in addition to extending retaliation protections to employees.

These predictable scheduling laws tend to share several commonalities:

Advance notice to employees of work schedules. The period of advance notice varies, but often 14-day advance notice of schedules is required. In addition, notice of an employer's good-faith estimate of an employee's schedule is generally required at hire.
Schedule change premiums for failing to provide required notice. Predictability pay may be assessed in addition to an employee's regular rate of pay as a penalty for a schedule change without the required advance notice. It is important that you split out any predictability pay hours when reporting this time to Payroll.
Right to rest between shifts. These "clopening" provisions may limit an employer's ability to schedule an employee for consecutive shifts.
Opportunity-to-work provisions. These provisions require an employer to offer any new hours to existing employees before hiring additional workers to fill those slots.

The following chart summarizes information regarding state and municipal scheduling laws. Chart cells for which there are no scheduling laws are marked N/A.

Download the chart here.

Question: What is GINA?

The new Alexa
Your latest new hire that is already a rock star
Genetic Information Nondiscrimination Act
Government I-9 Number Act

Correct Answer is c. Genetic Information Nondiscrimination Act

The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against, retaliating against or harassing employees and applicants based on genetic information. This means that a worker's genetic information cannot be used as a basis for hiring or firing and it also may not be used as a basis for segregating or classifying workers in such a way that they would be deprived of employment opportunities. Additionally, employers should avoid requesting medical history and genetic information as part of a job application or interview, post-offer medical exam, return-to-work situations or as part of an employee wellness program. In recent years, the Equal Employment Opportunity Commission (EEOC) has become increasingly willing to pursue employers who use a job applicant's or employee's genetic history against them in making employment decisions.

Under GINA, because employee privacy concerns are implicated, employers have a duty to safeguard genetic information and treat it as a confidential medical record to be kept in a separate file. Employers are prohibited from disclosing a worker's genetic information except under very limited circumstances. It is important to note that many states have their own separate GINA laws, some of which even go beyond the federal requirements. As a result, it is critical for employers to be compliant with both federal and state laws regarding genetic information discrimination and safeguarding employee records.

Question: ABC Manufacturing seeks to give a strength test to all job applicants and employees. Younger individuals usually score better on the test as it requires strength and agility. Is ABC Manufacturing permitted to give the test?

Yes, ABC Manufacturing is permitted to give the test to all applicants and employees.
No, the test will have a disparate impact and discriminate against older applicants and employees.
Yes, ABC Manufacturing is permitted to give the test to applicants after a conditional job offer has been made and to employees if it can show that the test is job-related and had a stated and legitimate business purpose.
No, applicants and employees cannot be forced to take tests for their job.

Correct Answer is c.

c. Yes, ABC Manufacturing is permitted to give the test to applicants after a conditional job offer has been made and to employees if it can show that the test is job-related and has a stated and legitimate business purpose. Additionally, ABC Manufacturing must show that it considered and sought to reduce the impact of the test on older employees. Choice a. is incorrect because although ABC Manufacturing is permitted to give the test, it must do so within certain parameters. Choice b. is incorrect because even if the test does have a disparate impact on older workers the test may be permissible if job-related and based on a reasonable factor other than age. Choice d. is incorrect because employers may use tests to evaluate applicants and employees.

Question: In order for an employer to establish an affirmative defense against harassment by a non-supervisor, what must the employer show?

The employee failed to complain in accordance with the employer's policies.
The supervisor knew about the harassment.
The harassment only happened once.
The harasser was the same-sex as the victim.

Correct Answer: a.

An affirmative defense to liability is available in cases of non-supervisory harassment where an employer either did not know about the harassment or took prompt action to rectify it. Thus, when a supervisor is aware of the harassment, the employer may not utilize the affirmative defense. Whether the harasser was the same-sex is irrelevant. Whether the harassment was severe or pervasive in creating a hostile work environment does not play a role in the availability of the affirmative defense.

For guidance on harassment reach out to your FrankAdvice HR Consultant. If you receive an employment practices legal claim (harassment, discrimination, retaliation, wrongful termination, etc.), also reach out to your FrankAdvice HR Consultant.

Question: As a stock room employee, Sydney’s primary job duty is to track the boxes that go in and out of the stock room and prepare spreadsheets tallying the information. On occasion, she is required to lift packages weighing up to 20 pounds. When she becomes pregnant her doctor provides her with a note that says that Sydney can only lift up to 8 pounds. Is her employer required to accommodate her?

No, because there are no protections for pregnant women in the workplace.
Yes, because she can still perform the essential functions of her position.
Yes, because pregnant women should be able to request and receive any accommodation they want.

Correct Answer: b.

Sydney can still perform the primary duty of her position which is to track the boxes that go in and out of the stock room and prepare spreadsheets tallying this information. Lifting packages is not an essential function of her position, but a marginal one not fundamental to her job duties. Therefore, her request to lift packages only up to 8 pounds is a reasonable request for an accommodation. Choice a is incorrect because there are protections for pregnant women in the workplace. Choice c is incorrect because pregnant women are not automatically entitled to any accommodation that they want in the workplace. The request for accommodation must be reasonable and it must allow a woman to perform the essential job functions of her position.

Question: When is the best time for the supervisor to address attendance issues with employees?

When a supervisor recognizes an employee is consistently tardy or regularly leaves early.
The first time the employee calls out sick.
After the employee has used up their allotted days off.
When other employees complain about the employee’s repeated absence.

Answer:

The supervisor should address an attendance issue as soon as he or she recognizes a pattern of absences or tardiness. Addressing such issues before they escalate will avoid greater disruption in the workplace. The supervisor should begin by using informal measures, such as reminding the employee of the company's attendance policies and the disruption the absence causes to co-workers. It is not necessary to address an attendance issue with an employee the first time he or she calls in sick since this may not be a common occurrence. However, the supervisor should not wait until the employee has used up all of his or her allotted days or until co-workers complain about repeated absences to address the issue.

Question: What are some of the signs an employee is about to quit their job?

They are more active on LinkedIn
They are less productive
They are more vocal about their dissatisfaction
They leave work early more frequently
They are less willing to commit to long-term timelines
All of the above

Answer:

All of the above

“Leaving a resume on the printer” happens rarely. Know your employees. When you see a change in what has been normal behavior, talk with them. They could be looking to leave or just really stressed (for instance, a family member is in the hospital) or suffering from burnout. You do want to focus on retaining a top employee. Be sure to praise and recognize, ask for their input, and promote open communication. "Stay interviews" are a good tool to use to learn what keeps employees working in your organization and what could be changed so they stay aboard. Learn more here about retention strategies.

Question:

On Friday, Jake receives a call telling him to report to active duty the following Monday for a critical mission in the Middle East. Jake tells his supervisor of his need to take a leave of absence the same day but does not provide written documentation of the order. Is Jake entitled to USERRA benefits and reemployment rights?

Jake is required to give 30 days' notice of the need for leave.
Jake did not provide his employer with written documentation of his need for uniformed services leave.
Jake's employer must provide Jake with the benefits and rights he is entitled to under USERRA.
Jake must wait until his employer confirms the validity of the leave in writing before he can take leave.

Answer C. Jake’s employer must provide Jake with the benefits and rights he is entitled to under USERRA and cannot deny Jake the opportunity to take leave under these circumstances.

Choice A is incorrect because Jake's uniformed services obligation was scheduled on short notice and it was not possible for him to provide the 30 days' notice. Choice B is incorrect because Jake received oral, not written orders, and Jake was not required to get written documentation of the leave on such short notice. Although his employer is entitled to request documentation confirming the need for leave, the employer must understand the documentation may not be available at the time the leave request is made or at the time the leave is to begin. Choice D is incorrect because Jake's employer cannot deny Jake's taking uniformed services leave while it confirms the validity of the leave. Jake's employer should seek proper documentation once Jake applies for reinstatement.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that applies to all public and private sector employers regardless of their size or location. Under USERRA, employers must provide eligible employees with reemployment rights and benefits when the employee is absent from work because of service in the uniformed services. The employee should provide notice as far in advance as is reasonable under the circumstances and should provide at least 30 days’ notice when possible.

USERRA’s definition of service covers all categories of military training and service in times of peace and war including:

National Guard and Reserve duty;
Active duty;
Active and inactive duty for training;
Military service academy attendance;
National Disaster Medical System service; and
Certain funeral honors duty.

The employer’s basic obligations are to:

Accommodate employees who need to take a leave of absence to fulfill their service in the uniformed services;
Provide employees on uniformed service leave the same benefits provided to employees on comparable leaves;
Promptly reemploy an employee who has served in the uniformed services; and
Avoid discriminating or retaliating against an employee for exercising the employee's USERRA rights, testifying in connection with a proceeding relating to USERRA or assisting in a USERRA investigation.

Click here to learn more and here for the required posting.

Reach out to your FrankAdvice HR Consultant as needed.

Question: What is the ADEA?

Americans with Disabilities in Employment Act
Age Discrimination in Employment Act
Anti-Drinking in Employment Act
Anti-Discrimination in Employment Act

Correct Answer: B.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) applies to all employers with 20 employees or more and applies to all employees and applicants over the age of 40.

The ADEA prohibits an employer from treating an employee or an applicant who is 40 years or older differently based on their age.

Specifically the ADEA prohibits:

Discrimination based on age during any stage of the employment process- application, interview, hiring, transfer, promotion, demoting, job assignments, compensation, benefits, discipline and termination;
Discriminatory job advertisements for available positions. Advertisements can only include an age limit if it is a bona fide occupational qualification based on business necessity;
Harassment and stereotyping of older workers;
Employers from forcing employees to take early retirement;
Retaliation against those who file, testify or patriciate in an ADEA claim against the employer; and
Reducing or denying health or life insurance benefits for older employees.

Almost all of the states (as well as numerous municipalities) have laws prohibiting discrimination, harassment and retaliation based on age. Additionally, whereas the ADEA only applies to employers who employ 20 employees or more, the employee thresholds are often lower under state and municipal laws. For example, in New York, the prohibition on age discrimination applies to employers with 4 or more employees. On the other hand, in New Jersey, there is no minimum number of employees that is required. Multistate employers should be aware of not only the ADEA’s requirements but also the requirements of the states and municipalities in which they operate.

Employers can get into trouble with unconscious bias and stereotypes, poor hiring operations, and ill-planned layoffs. Reach out to your FrankAdvice HR Consultant for guidance.

Question: Which item (s) should be maintained separately from the personnel file?

Doctor’s note
Form I-9
Performance Review
Job Description

Answer: A and B

A personnel file should be created for each employee and should include documents related to employment decisions, training and performance. Medical information should be kept confidential and kept in a separate “medical file”. Other confidential records include documents with personal information related to a protected class, immigration status, criminal history, as well as investigations. The Form I-9 verifies an employee’ identity and employment authorization status in the United States and it is recommended that Form I-9s are retained separately from personnel records for ease of internal auditing and retrieval in case of a government audit or inspection.

For questions reach out to your FrankAdvice HR Consultant.

Question: Which of the following is not an exemption under the Fair Labor Standards Act (FLSA)?

Professional
Administrative
Managerial
Executive
Outside Sales
Computer Employee

Answer: Managerial is not an exemption.

In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the regulations. Click here to see the FLSA Fact Sheet with a description and further information. Has an exempt employee’s job duties changed? Reach out to your FrankAdvice HR Consultant for questions on FLSA exempt status as needed.

Question: What is an introductory period?

Answer:

An introductory period is a trial period at the beginning of an employee's work tenure during which the employee and employer can test whether the relationship meets their needs. Introductory periods can be excellent tools for determining an employee's fit in the workplace.

Employers in a union-free or partially unionized workplace that wish to preserve at-will employment relationships should exercise caution when implementing introductory periods as part of reaching their overall performance management goals. Policy language must not imply that a contractual, and not at-will, employment relationship exists if employment continues past the introductory period.

The checklist below may be used to assist employers in the effective implementation and management of introductory periods to ensure the best possible talent management results for the organization.

Click here for the checklist.

Test Your Knowledge

Mar 24, 2026 8:00:00 AM

Previous Updates

State Updates

Recent Posts

AI Glasses In the Workplace

Test Your Knowledge

The Benefits of Giving Employees More Ownership of ...

Don’t Get Scammed: What Employers Should Share with ...

Ask an HR Expert

When Company Property Doesn’t Come Back: Practical ...