EMPLOYMENT LAW EXAM GUIDE

PLEASE NOTE: No open book materials are allowed for this exam.

Employment Law Exam Structure

• The Employment Law exam is offered with ExamSoft Remote Proctoring preferred.
• Four 90-minute modules (six hours total).
• Exam Sessions will begin around 8 AM and finish prior to 5 PM.

Morning Module 1

• Includes 30 objective (multiple choice) questions worth 4 points each.
• Please note the point values and plan your time accordingly.

Morning Module 2

• Includes 30 objective (multiple choice) questions worth 4 points each.
• Please note the point values and plan your time accordingly.

60-minute lunch break

Afternoon Module 1

• Includes 10 short answer questions and 1 essay question.
• Short answer questions are worth 10 points each.
• The essay question is worth 30 points.
• Please note the point values and plan your time accordingly.

Afternoon Module 2

• Includes 10 short answer questions and 1 essay question.
• Short answer questions are worth 10 points each.
• The essay question is worth 30 points.
• Please note the point values and plan your time accordingly.

All questions are allocated "points" and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved and correct application of those principles. Full or partial credit for answers may be given.

The Employment Law Specialty Committee wants applicants to be aware of the exam’s objectives:

• To identify whether an applicant knows and can effectively apply important NC employment law concepts; and
• To determine that an applicant has successfully incorporated subject matter knowledge into the applicant’s practice.

Therefore, to the extent the applicant’s regular practice involves the types of analysis below, the exam should require no additional preparation beyond the practice requirements and the CLE requirements for applicants for certification, other than to refresh the applicant’s knowledge of developments in the law. The below recommended resources may help to prepare for the exam.

• Review the NC Administrative Code
  
• Review the NC Department of Labor Website

The chart below shows the exam content categories and distribution of questions covering each topic:

Employment Law Exam Topics

Discrimination in Employment	Approximately 38% of Exam Topics
Age Discrimination in Employment Act of 1967 Americans with Disabilities Protection Act Genetic Information Nondiscrimination Act (GINA) Older Worker Benefits Protection Act Section 1981 of the Civil Rights Act of 1866 Title VII of Civil Rights Act of 1964	Discrimination in Employment: Estimated 9 short answer, 1 essay and 17 multiple choice questions
Federal Statutory Duties	Approximately 23% of Exam Topics
Consolidated Omnibus Budget Reconciliation Act Defend Trade Secrets Act Equal Pay Act Fair Credit Reporting Act Fair Labor Standards Act of 1938 Family and Medical Leave Act Immigration Reform and Control Act National Labor Relations Act (Section 7 concerted activity) Occupational Safety and Health Act Pregnancy Discrimination Act Section 504 of the Rehabilitation Act of 1973 Uniformed Services Employment and Reemployment Act (USERRA) Worker Adjustment and Retraining Notification Act	Federal Statutory Duties: Estimated 3 short answer, 1 essay and 14 multiple choice questions
NC Common Law	Approximately 17% of Exam Topics
Contracts: Contractual covenants not to compete and/or solicit customers and employees Employment Contracts for Definite Term Tortious Interference with Contract Employment Relations: Breach of Fiduciary Duty Defamation Employment at Will Fraudulent Inducement/Misrepresentation in Employment Intentional Infliction of Emotional Distress Interference with Prospective Business Advantage Negligent Hiring/Supervision of Employees Negligent Infliction of Emotional Distress Suits vs. Employees for Malicious Prosecution and Abuse of Process Wrongful Discharge in Violation of Public Policy	Contracts: Estimated 1 short answer and 7 multiple choice questions       Employment Relations: Estimated 2 short answer and 7 multiple choice questions
NC Legislation	Approximately 22% of Exam Topics
Discrimination: Genetic Testing and Information Lawful Use of Lawful Products Military Service Sickle Cell Trait and Hemoglobin C Trait Laws and Regulations: Child Labor Law Controlled Substance Examination Regulations Employment Security Law Group Health Insurance Continuation and Conversion Requiring Payment for Medical Examination Verification of Work Authorization Veterans Preference Leave: Jury Duty Leave for Parental Involvement in Schools Military Service Leave Victims of Domestic Violence Leave NC Legislative Acts: Communicable Disease Act Equal Employment Practices Occupational Safety and Health Persons with Disabilities Protection Retaliatory Employment Discriminations Trade Secrets Protection Unfair and Deceptive Trade Practices Wage and Hour Workers’ Compensation	Discrimination: Estimated 1 multiple choice questions Laws and Regulations: Estimated 1 short answer and 2 multiple choice questions Leave: Estimated 1 short answer and 1 multiple choice questions NC Legislative Acts: Estimated 3 short answer and 11 multiple choice questions

 

Exam Summary excerpted from 27 N.C.A.C. 1D, Rules of the Standing Committees of the North Carolina State Bar:

.3505 Standards for Certification as a Specialist in Employment Law

(e) Examination - An applicant must pass a written examination designed to demonstrate sufficient knowledge, skills, and proficiency in the field of Employment Law to justify the representation of special competence to the legal profession and the public.

(1) Terms - The examination shall be in written form and shall be given annually. The examination shall be administered and graded uniformly by the specialty committee.

(2) Subject Matter - The examination shall cover the applicant's knowledge and application of Employment Law as defined and described in "Section .3502 Definition of Specialty", including but not limited to the following:

(A) Fair Labor Standards Act

(B) Family and Medical Leave Act

(C) Americans with Disabilities Act

(D) Title VII of the Civil Rights Act

(E) Equal Pay Act

(F) Genetic Information Nondiscrimination Act

(G) Section 504 of the Rehabilitation Act of 1973

(H) Age Discrimination in Employment Act

(I) Older Workers' Benefits Protection Act

(J) Worker Adjustment and Retraining Notification Act

(K) Pregnancy Discrimination Act

(L) Occupational Safety and Health Act (only as regards scope of "general duty" clause)

(M) National Labor Relations Act (only as regards employees' right to engage in Section 7 protected "concerted activity" and related unfair labor practices)

(N) Uniformed Services Employment and Reemployment Rights Act

(O) Section 1981 of the Civil Rights Act of 1866

(P) North Carolina Retaliatory Employment Discrimination Act

(Q) North Carolina Wage and Hour Act

(R) North Carolina statutes and common law regarding restrictive covenants (e.g., non-competition, non-solicitation, and non-disclosure agreements)

(S) North Carolina Persons With Disabilities Protection Act

(T) North Carolina State Human Resources Act