Final Flashcards

0
Q

How accurate are honesty/integrity test

A

About 85%

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1
Q

The three main company is to provide honesty tests are

A
  1. Reid psychological systems in Chicago
  2. Stanton Corporation …Charlotte North Carolina
  3. London House in Chicago
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2
Q

What the APA say after their study of the validity of honesty/integrity tests?

A

The preponderance of the evidence supports the notion that some of the test work

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3
Q

Graphology

A
  • very popular in Europe
  • growing in the US… About 3000 firms admit using it… The validity is yet to be challenged in court… ACLU has an “open invitation” to sue a company using graphology, but no one has seen yet because of the double-blind
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4
Q

How many personality traits does a graphology test measure

A

350

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5
Q

Genetic screening-GINA

A
  • Passed unanimously in 2008 by President Bush
  • it prevents insurance companies from discriminating through reduced coverage or pricing… And prohibits employers from making adverse employment decisions based on a person’s genetic code
  • Under GINA the EEOC definition of “genetic information” includes information about an individual family medical history
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6
Q

Urinanalysis

A

1) EMIT(enzyme multiplied immunoassay test)
- an expensive $10-$15… Most often used Follow false-positive’s due to OTC drugs etc.… Often used as a preliminary test and two part process

2) GC mass spec: expensive but highly accurate

* limitations of urinalysis methods: false positives through improper handling procedures; determines presence of drugs but nothing concerning amount, frequency, recency, or impairment level*

  • DETAILS:
    a. Temperature of urine: taken w/in 4 minutes of collection; allowable ranges 90.5–90 9.8°F
    b. Quantity of urine: at least 60 mL
    c. Gender of collection site Monitor: directly observed sample must be person of same gender as the donor except California can’t be observed
    d. “Chain of custody”… A paper trail of receipts to know who handled the urine sample from time of collection, transfer to testing facility, and back to potential employer
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7
Q

Hair analysis

A

1-RIAH
a. Determines frequency, time, and amount of use
b. Less intrusive
c. Drugs imbedded in hair provide a drug use history
d. Cheating is nearly impossible
e. Somewhat expensive; $50 and up
F. Unable to detect immediate or even recent usage/impairment
g. About 2% or less of Fortune 500 firms use are I a H… Often the firm wants to know what drug you were on last night you crash our car, which RIAH is not good at detecting

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8
Q

When do you drug test

A

1-part of a pre-employment physical
2-regular or annual physical
3-reasonable suspicion e.g. you rest a company car

*** not “random” because courts have ruled that the tests are often not “random”… The younger people or minorities or tattooed employees or body piercing please or whatever get tested more often. there is profiling

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9
Q

Definition of compensation

A

Monetary return paid to employees for work done… To attract retain and gain a competitive advantage and motivate (arm)

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10
Q

What hierarchal needs does compensation fulfill?

A

Recognition–safety –and physiological

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11
Q

Government and compensation

A

FLSA 1938

  • minimum-wage/overtime/child labor law
  • exempt versus non-exempt
  • wage and hour division of department of labor enforces
  • Antidiscrimination laws
  • other federal and state laws: Davis – bacon, Walsh – Healy
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12
Q

Pay strategy/philosophy

A

A desired competitive pay position

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13
Q

Objectives of compensation

A

1-externally competitive
2-internally equitable
3-individual pay

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14
Q

Externally competitive

A
  • similar jobs and other companies
  • pay survey
  • establishes pay level
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15
Q

Internally equitable

A
  • different job/same company
  • Job evaluation
  • establish pay structure
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16
Q

Individual pay

A
  • Same job/same company
  • merit/seniority/lifestyle/appearance
  • pay check!
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17
Q

Pay surveys

A
  • variables: job titles/industries/geographic distance
  • sources: professional associations/journals/Bureau of Labor Statistics/consultants/self personnel of your company
  • keys to success:
    a. Include brief job description
    b. Guarantee a copy of results to participants either for free or reduced charge
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18
Q

Definition of job evaluation

A

Determining the relative worth of various jobs in organization to relate pay to the amount of the employees job contributes to organizational effectiveness

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19
Q

Methods of job eval

A

1-ranking
2-classification system (I.e, GS System)
3-factor system (most complex)
4- points system (most widely used)
5-hay plan( 3-factors; know-how/problem solving/accountability
6-skills based pay:aka competency based comp
7-Market based: ignores internal equity,let mkt dictate salaries.

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20
Q

Pay security

A
  • Guaranteed annual wage salary (rare is US)
  • Supplementary unemployment benefits (SUB)
  • SEVERANCE PAY: ex one weeks pay for each year employed.
  • employment contract “golden parachutes) <–top management
  • seniority: most common security for those without a contract
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21
Q

Compensation compression

A

Very little pay difference based on seniority.

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22
Q

Will workforce chest on hours if you take them off the clock ?

A

No most work more hours if not punching the clock.

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23
Q

Growth of benefits

A

1929: 3% of payroll exp.
1949: 16% of payroll exp
2012: 40%+ of payroll expense

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24
Q

Objectives of benefits

A

Societal: literacy/sex ed/child care/eldercare/pensions/etc.

organizational: a rested and satisfied workforce.

Employee:safety/security/rest/enjoyment/fun/etc.

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25
Q

Social Security

A

1935(OASDI):
-disability benefits(1957)
-death benefits…nominal 255…burial expense
-survivors benefits(1940)
-Health insurance benefits (Medicare-1965) LBJ
Supplemental Income

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26
Q

Unemployment compensation

A

1) private industry history(Kodak/p&g/GE)
2) insurance program to compensate eligible workers for a portion of their wage loss when they lose a job. Providing weekly income while look for job.

27
Q

Eligibility for unemployment comp

A

1-able and available
2-not refused suitable work
3-not unemployed due to labor strike (except NY and Rhode Island)
4-not left voluntarily
5-not terminated for misconduct
6-worked a minimum # of weeks(typically 26)
7-w/out a job

28
Q

What do you get on unemployment comp?

A

Receive 1/2 of what you were earning for up to 26 weeks

29
Q

Are teachers, pro athletes,non-citizens,terminations covered?

A

No, doesn’t cover “voluntary” separations

30
Q

Experience rating (unemployment comp)

A

How much the company pays into unemployment comp based on their rating: 1.1%-4.4%

31
Q

“suitable work” for unemployment comp

A
  • degree of risk
  • physical fitness and prior training
  • experience and prior earning
  • length of employment
  • prospects for securing local work in customary occupation
  • distance of available work from claimants residence.
32
Q

Exceptions to Unemployemnt comp

A
  • Moving with spouse
  • family illnesses
  • incompetence
  • harassment
33
Q

Misconduct-unemployment comp

A

Keeps you from receiving U/C… The company’s disciplinary system will be the issue…can you prove misconduct, was it worth firing?

34
Q

Pensions

A
  • introduced shortly after WWII
  • ERISA-1947
  • supplemental plans
  • individual retirement accounts
  • stock options
  • credit unions/savings plans/discounts
  • legal aid: prepaid legal… Not for felony charges…fairly expensive benefit.
35
Q

ERISA

A
  • *established standards on any pension plan**
  • vesting: legal right to money…two options 5-7 years
  • funded:money actually set aside
  • contributory:does participant contribute funds?
  • insured: carried by insurance agency
  • other details/terms
  • *Pensions Benefit Guarantee Corp(PBGC)»insured pensions against bankruptcy, merger, etc.
36
Q

Benefits-medical care approaches

A
  1. insurance companies
  2. provider organizations
  3. HMO
  4. PPO
  5. self-funded
  6. cost containment strategies
37
Q

Wellness programs-proactive

A

Fitness programs/smoking cessation/weight loss/health screening/foods/stress management/magazines

38
Q

EAP-reactive

A
Alcohol/drug dependency 
Domestic problems
Financial problems 
Mental disorders
Aids 
-hotline/counseling(on/off-site)/training for managers
39
Q

Paid leave

A

Off the job:

  • vacations(single most expensive benefit…hasn’t changed in 40 years)
  • holidays:10 per annum…differs by region of US)
  • paid absences
  • sick leave(well pay; pay for the days you weren’t sick)

On the job:

  • rest periods
  • lunch periods(30 minutes=no comp)
  • wash up time
  • clothes change
  • get-ready time
  • Portal to portal act
40
Q

Legal considerations (benefits)

A

EPA(Equal Pay Act): manhart case-unisex pension contribution.

CRA/PDA: Newport News Shipbuilding and Dry Dock vs. EEOC: Supreme Court said have to cover women and spouses of male employees

COBRA: allow to stay under coverage for 102% in a “qualifying event” «repealed by congress

HIPAA

41
Q

“Section 89”

A

Passing a law that sounds good and easy, but is horrible for HR and not feasible.

42
Q

Definition of safety

A

Avoidance of injuries-immediate/violent/traumatic

43
Q

Definition of health

A

Physical conditions other than injuries

-slow/cumulative/irreversible

44
Q

Factors in accidents

A
1-task
2- employee("accident-prone", 50-90% caused by idiots) TRUE on exam 
3-government; OSHA,workers comp)
4-unions
5-management goals/philosophy 

Story: shoots pig across the Mississippi,culture of safety,still had a mistake

45
Q

Why accidents on personnel?

A

GOvt
Training
People
Doesn’t fit elsewhere

46
Q

OSHA 300

A

Summary of each injury

More than first aid.

47
Q

OSHA 301

A

Detailed account of accident

48
Q

OSHA 300-A

A

Annual summary of injuries

Must be posted February-April 30 for employees

Give to employees who won’t get chance to see it

49
Q

Why under reported to OSHA?

A

Stay incentive programs

Employers falsifying documents

50
Q

Inspections-When?

A

1-immediate attention, catastrophe or fatality, imminent danger
2-referral
3-target industries/special emphasis
4Admin schedule

51
Q

Inspections-how

A

1-assigned
2-prepare,learn about industry
3-company visit
-present credentials
-opening conference
-employee/employer representative
4-walk around
- photos/visit with workers/instrument readings/examine records(OSHA 300)
-protect trade secrets
5-closing conference
6-report to area director–>decides fines
7-can appeal to OSHRC
- notice on contest within 15 days of citations
-employees can contest abatement period

52
Q

Violations

A

De minimus: no direct relationship to safety or health, $0

Other than serious: direct relationship, but probably won’t cause death or serious harm. Discretionary fine: up to 7000

Serious: substantial probability of death or serious injury; and employer knew, or should’ve known, about hazard. Mandatory fine: up to 7000

Imminent Danger: up to $70,000

Willful or repeated violations: 70k in penalties and/or imprisonment

53
Q

Immediate entry by OSHA

A

Marshall v. Barlow 1978

  • 4th amendment issue(right to privacy)
  • OSHA doesn’t have to follow same rigorous procedure to get search warrant, but can refuse entry without search warrant ( piss them off and fine you for little things)
54
Q

State run Programs

A

27 states have state run “OSHA”

-section 18

55
Q

Lock out/tag out

A

Seal/lock out the power source (1 per person)

Put up a sign/tag that work is being done on the machine in bright yellow( one per person)

-

56
Q

Whirlpool v. Marshall ‘80

A

-right to refuse dangerous work assignments without being disciplined

57
Q

OSHCON

A

educational consulting division

  • will do inspections like OSHA, but won’t fine you
  • if don’t fix it by abatement period, call OSHA
  • Tx has 30 OSHCON consultants in state
  • program of Worker’s Health and safety division
58
Q

Workers comp-History

A

-1911-1920 all but 6 states passed law… 30k deaths in 1907

59
Q

Common law relief:Workers comp

A
  • only hope of injured employee bc WC

- defense of company: assumption of risk/contributory negligence/ fellow servant rule.

60
Q

State run w/c programs

A

-Financed by employer, but co-insurance by employee

  • compulsory in most states(TX, NJ, SC)
    • “go bare” then 3 defenses return
    • fault is not an issue, “no fault” insurance
61
Q

Objective of workers comp

A

1) CERTAIN, PROMPT, REASONABLE COMPENSATION

2) reduce number of accidents
3) insure good medical treatment
4) insure good rehabilitation programs
5) eliminate need for personal litigation

* if all of these were actually reached! there would be no need for OSHA*

62
Q

Compensate injury

A

“Arising out of and in course of employment

1-job relatedness
2- act of God
3-cumulative disability
4-aggravation of pre-existing disability(W/C V. ADA)

63
Q

WC is different in which states?

A

Washington, Oregon

64
Q

WC in Tx

A

Tx w/c commission was abolished in 2005

Replaced by Tx Dept of insurance (TDI), division of workers comp

  • exceptions:
    • act of god
    • third party
    • willful intent of hurt self
    • horseplay
    • mental trauma( specific point in time, atypical)
  • When sent out on mission for the company, even if minor deviation for personal health/comfort, still covered.
  • diseases and infections: can you prove you got it at work?

PAPERWORK:DWC-41