Human Resources Practices Questionnaire

1. An employer has a nonexempt employee who works from 8 AM to 5 PM, 5 days a week for a 40 hour work week. During the evenings, the employee voluntarily logs in to the company’s email system in to check on all the email messages that have come in since the end of her normal work day. She typically spends 20 to 30 minutes a night reading and responding to emails. The company has a policy requiring nonexempt employees to request permission to work overtime. Would the employer be obligated to pay the employee for the time reviewing the work emails?

Yes

No

The employer is obligated for paying for hours worked as required under the Fair Labor Standards Act (FLSA). The employer could take corrective action to the employee for violating the company’s policy regarding requesting permission to work overtime.

Explanation

The employer is obligated for paying for hours worked as required under the Fair Labor Standards Act (FLSA). The employer could take corrective action to the employee for violating the company’s policy regarding requesting permission to work overtime.

2. Frequently employers will mistakenly misclassify their workers as “independent contractors” instead of paying them wages as employees. The consequences of misclassification could include:

Payment of employer portions of state and federal taxes owed

Potential penalties in fines and interest

Correctionsto benefit plans that the misclassified worker could have been eligible for, such as a 401(k) plan or the employer's group health plan.

All of the above

Misclassifying employees as independent contractors can easily be done by employers, especially smaller ones that are not familiar with all the guidelines regarding independent contractors. Appropriate guidance can avoid a costly misclassification.

Explanation

Misclassifying employees as independent contractors can easily be done by employers, especially smaller ones that are not familiar with all the guidelines regarding independent contractors. Appropriate guidance can avoid a costly misclassification.

3. Does Oregon regulations require an employer to pay out vacation pay at the time an employee terminates if the employee has unused vacation available to him or her?

Yes

No

The employer is not required to pay unused vacation time at termination if their vacation policy designates that no unused vacation pay will be paid out at termination. This is commonly called a “use it or lose it” vacation policy.

Explanation

The employer is not required to pay unused vacation time at termination if their vacation policy designates that no unused vacation pay will be paid out at termination. This is commonly called a “use it or lose it” vacation policy.

4. What proactive steps should employers take to prevent harassment in workplace and limit their potential liable against a harassment claim?

Have a written policy that outlines the employer's position against any forms of harassment including sexual harassment.

Broadly communicate the policy and educated employees through workplace posting, annual policy review and signoff, and annual training with managers and employees on workplace harassment prevention.

Take prefentative steps only when a claim of harassment has been made by an employee.

Both a and b.

The best way to prevent workplace harassment including sexual harassment is to have a harassment prevention program that includes a well-crafted written policy that is reviewed with employees annually, and to train both employees and managers annually on prevention and reporting of harassing behavior. The important step also includes that employers actively investigate any claims of potential harassment and take appropriate corrective action regardless of how the employer learns about the harassing behavior.

Explanation

The best way to prevent workplace harassment including sexual harassment is to have a harassment prevention program that includes a well-crafted written policy that is reviewed with employees annually, and to train both employees and managers annually on prevention and reporting of harassing behavior. The important step also includes that employers actively investigate any claims of potential harassment and take appropriate corrective action regardless of how the employer learns about the harassing behavior.

5. What are the I-9 forms used to verify?

Social security card authentication for payroll

Eligibility to work in the United States

The documentaiton of only foreign workers

To record the employee's photo identification

The Immigration and Control form I-9 is used to verify employees’ eligibility to work in the United States. All employers regardless of size must complete the form on or before the new employee’s first day.

Explanation

The Immigration and Control form I-9 is used to verify employees’ eligibility to work in the United States. All employers regardless of size must complete the form on or before the new employee’s first day.

6. The Oregon Family Leave Act (OFLA) requires employers to grant an authorized OFLA leave to an employee if:

The employer has 50 or more employees and the employee has been with the employer for 12 months.

The employer has 100 or more employees and the employee has worked 90 days for the employer.

The employer has 25 employees or more and the employee has worked six months for the employer.

The employer has 75 employees or more and the employee has worked full time for 30 days since they were hired.

Employers in Oregon, with 25 or more employees, are required to grant an authorized OFLA leave for up to 12 weeks to new employees that have worked continuously for six months since they were hired.

Explanation

Employers in Oregon, with 25 or more employees, are required to grant an authorized OFLA leave for up to 12 weeks to new employees that have worked continuously for six months since they were hired.

7. The federal regulations require an employer with 20 employees or more to offer health benefits continuation under the COBRA regulations if employees terminate. How many employees must an employer have to be required to offer health benefits continuation under Oregon regulations?

2 employees

10 employees

15 employees

Same as the federal regulations

Current Oregon regulations requires employers with 2 to 19 employees who have health benefit plans must offer benefit continuation for up to nine months.

Explanation

Current Oregon regulations requires employers with 2 to 19 employees who have health benefit plans must offer benefit continuation for up to nine months.

8. In Oregon, how many employees can an employer have before being required to implement a safety and health program?

1 employee

10 employees

15 employees

25 employees

OR-OSHA revised the regulations effective September 1, 2009 requiring employers with at least one employee to implement a safety program that included either a safety committee or safety meetings, depending on the industry.

Explanation

OR-OSHA revised the regulations effective September 1, 2009 requiring employers with at least one employee to implement a safety program that included either a safety committee or safety meetings, depending on the industry.

9. For Oregon employers that are classified as a small employer (2 to 25 employees) the minimum hours per week a part-time employee must work to be eligible for group health benefit coverage is:

10 hours

12.5 hours

15 hours

17.5 hours

20 hours

Under Oregon regulations 17.5 hours is the minimum hours an employee must work per week to be eligible for the employer’s group health benefit plan, if they are classified as a small employer with between 2 and 25 employees.

Explanation

Under Oregon regulations 17.5 hours is the minimum hours an employee must work per week to be eligible for the employer’s group health benefit plan, if they are classified as a small employer with between 2 and 25 employees.

10. An employer is not required to conduct annual non-discrimination testing of their 401(K) Plan if the plan:

Has less than 35% participation by the eligible employees

Has less than 100 eligible participants

Is a qualified safe harbor plan

Either b or c

Annual non-discrimination testing is not required if your 401(K) plan is a qualified safe harbor plan.

Explanation

Annual non-discrimination testing is not required if your 401(K) plan is a qualified safe harbor plan.