PHR Questions Flashcards

1
Q

Disparate impact means? a. when a women is required to take tests that men are not required to. b. When an Asian is assumed to be smarter than an Hispanic. c. Seemingly fair practices that have an adverse effect on a protected class. d. The legal right to ask an employee to resign, with or without reason.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 31-37). . Kindle Edition.

A

c

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2
Q
  1. Which of the following is true about the following labor legislation; Sherman Antitrust Act of 1890 - It allowed injunctions to forbid groups that conspired to restrain trade. Norris-La Guardia Act of 1932 - protected the rights of workers to organize and strike without the interference of federal injunctions. NLRA or Wagner Act of 1935 - identified the 5 employer unfair labor practices. All of the above.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 38-43). . Kindle Edition.

A

d

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3
Q

The following are performance review methods except; Educational. Narrative. Rating Comparison.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 44-47). . Kindle Edition.

A

a

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4
Q

HR risks can be classified in the following areas except; Legal Compliance. Security. Workplace monitoring. Business continuity.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 48-51). . Kindle Edition.

A

c

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5
Q

The Drug-Free Workplace Act of 1970 applies to businesses with federal contracts of $ 100,000 or more each year. What is inaccurate in this statement? The Act was established for state contractors not federal contractors. The Act was established in 1988 not 1970. The statement is accurate. The Act applies to businesses with federal contracts worth $ 50,000.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 52-57). . Kindle Edition.

A

b

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6
Q

The Labor-Management Relations Act (LMRA) of 1947 established the following except; It gave employees the right to sue the union. The LMRA prohibits closed shops and allows union shops only with the consent of employee majority. It prohibited jurisdictional strikes and secondary boycotts. The LMRA allows employers to permanently replace striking union workers.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 58-63). . Kindle Edition.

A

a

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7
Q

Which of the following is considered a business continuity risk? Environmental disasters. Organized disruptions. Hacking of business information systems. All of the above.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 64-67). . Kindle Edition.

A

d

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8
Q

The following are unlawful activities that could pose a HR risk to an organization with regard to legal compliance except; Discrimination. Ergonomic strains. Sexual harassment,
negligent hiring

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 68-71). . Kindle Edition.

A

b

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9
Q

HR risks with regard to workplace privacy includes which of the following; Identity theft. Natural disaster. Priority disruptions. Hacking information assets.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 73-76). . Kindle Edition.

A

a

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10
Q

A bell curve ranking method means; Rating a small group of employees at a high scale, a small group at the bottom scale and the majority at an average scale. Rating a large group of employees both at the top and bottom, with a small number of employees at the average scale. Rating employees as low as possible. Rating employees as high as possible.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 77-82). . Kindle Edition.

A

a

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11
Q

Which of the following is NOT a HR risk with regard to Safety and Health? Ergonomic strains. Repetitive stress injuries. System failures. Workplace injuries,

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 83-86). . Kindle Edition.

A

c

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12
Q

All of these are true about an HR audit except; It determines the HR practices to continue or discontinue. It is a key means of measuring HR effectiveness. It positions HR as a business partner. It is not effective when outsourced.

Asekun, Olamide. 500 PHR / SHRM-CP Practice Questions With Answers. (Kindle Locations 87-91). . Kindle Edition.

A

d

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13
Q

The HR tools used to identify and assess risks are?

a. workplace investigation
b. HR audits
c. HR risk management
d. a and b

A

d

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14
Q

The union at ANAT company wants to receive automatic deductions as union dues. To be enforceable, what must happen?

a. the union must get permission from the NLRB
b. The union must get permission from the employees
c. the employees must give written authorization for the deductions
d. Members of teh union agree to deductions when they decide to have a union

A

c

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15
Q

An HR audit in the compensation and benefits area will not assess which of the following?

a. structure of HR dept
b. consistency of compensation philosophy
c. wage compression
d. health care cost reveiw

A

a

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16
Q

A totality agreement means:

a. a zipper clause
b. a clause which states that the CBA is the entire agreement between the parties
c. a and b
d. a reform of the LMRA

A

a

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17
Q
the TIE company is conducting an HR audit of the EMployee relations department only.  What is likely to be assessed?
a conflict resolution processess
b. turnover demographics
c. diversity practices
d. all of the aboce
A

d

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18
Q

Which of the following determines if the NLRB will consider an acquiring owner to be a successful employer?

a. substantial continuity of operations
b. similarity of operations and products
c. all of the above
d. none

A

c

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19
Q

An HR audit focused only on recruitment practices, affirmative aciton programs, and labor market demographics is most likely on which of these functional areas:

a. organization of HR function
b. labor relations
c. HR risk management
d. workforce planning and employment

A

d

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20
Q

The following are true about the work stoppages listed below except:

a. lockouts - when management shuts down operations
b. boycotts when management avoids negotiations
c. strikes-when the union decides to stop working
d. all of the above

A

b

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21
Q

Why should an HR audit focus on pre-employment tests?

a. To ensure the tests are valid and reliable
b. To abide by the Uniform Guidelines on Employee Selection procedures
c. A and b only
d. to determine if alternative staffing methods are required

A

c

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22
Q

An unlawful strike in which employees stop working and stay in the building is called:

a. sit down strike
b. work stoppage
c. economic strike
d. work slowdown

A

a

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23
Q

Contractors must do the following to be in compliance with the drug free workplace act of 1988 except:

a. develop a written policy stating they provide a drug free workplace
b. develop a program to educate employees about the dangers of drug abuse
c. Establish penalites for illegal drug confictions
d. Develop injunctions according to OSHA’s dictates

A

d

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24
Q

Mark Harris owns two companies, one is unionized and the other is not unionized. This can be referred to as:

a. Secondary boycott
b. Alter Ego doctrine
c. Double breasting
d. Ally doctrine

A

c

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25
Q

The OSHA act established 3 duties for the workplace which of the following is not one of them?

a. Employers must provide a workplace free from recognized hazards
b. Employees must research and evaluate workplace hazards
c. Employers must comply with all safety and health standards
d. Employees must comply with occupational safety and health standards

A

b

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26
Q
When an employer whose workers are on strike  contacts a neutral employer to perform the work of the striking workers, this can be referred to as:
a. Alter ego doctrine
b. Ally doctrine
c. LMRA boycotss
D. Unfair labor practice
A

b

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27
Q

When an employer has 2 businesses with substantially identical management, operations and ownership this is known as:

a. Alter Ego employer
b. Ally employer
c. Double breasting
d. Mediation

A

a

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28
Q

The HR manager of GRIT company is concerned as a company whose operations complements the operations of the GRIT company is suffering a strike by its union. The GRIT company is involved in:

a. Straight line operations
b. boycotting
c. yellow dog contracts
d. contract clauses

A

a

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29
Q

The HR manager of YET company recently informed the union members that secondary boycotts are ULPs. What is a secondary boycott?

a. When a union intends to go on strike
b. When a union intends to picket
c. When a union tries to compel an employer to stop doing business with an employer the union has a dispute with
d. none

A

c

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30
Q

What is a wildcat strike?

a. a strike in response to a ULP violation
b. Unannounced industrieal action in violation of a contract clause prohibiting strikes
c. a strike in support of a hot cargo clause
d. a strike against a hot cargo clause

A

b

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31
Q

The Labor Management Reporting and Disclosure Act (LMRDA) of 1959 established which of the following?

a. it placed controls on internal union operations
b. it restricted increases in union dues and estortionate picketing
c. it provides safeguards against retaliatory disciplinary actions by the union
d. all

A

d

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32
Q

Which of these is the most important reason why performance appraisals should be documented?

a. to ensure employees perform their duties as at when due
b. to serve as a structured means of communication
c. To help defend employment actions, positive or negative
d. to provide performane feedback

A

c

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33
Q

The REEG company’s union has embarked on a strike to obtain better pay and working conditions, this strike is:

a. unlawful and economic
b. lawful and economic
c. an unfair labor practice
d. an NLRB infraction

A

b

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34
Q

Discriminatory hiring actions can be allowed under Title VII in which case:

a. legitimate seniority
b. Discriminatory hiring actions are not allowed under Title VII
c. Influence of corporate leadership
d. Bona Fide occupational qualifications (BFOQ)

A

d

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35
Q

The following makes a strike unlawful except:

a. if it occurs in response to an employer ULP
b. if it supports union ULPs
c. IF the strikers engage in serious misconduct
d. If it violates a no strike clause in the contract

A

a

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36
Q

A best practice in performance appraisal is:

a. for supervisors to provide constant feedback to employees
b. communicate performance expectations clearly
c. set goals for the next review period
d. all

A

d

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37
Q

The CEO of the LIN company has informed employees that joining a union may hinder promotion chances. This is an example of :a. intimidation

b. exaggeration
c. ULP
d. prohibitive activities

A

c

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38
Q

an example of lobbying is:

a. a member of congress sponsors a bill
b. a non profit org. finds a sponsor for a bill
c. a congress committee conducts approval for a bill
d. a senator seeks presidential backing on a bill

A

b

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39
Q

An action that restrains or coerces employees from exercising rights to organize or bargain collectively is:

a. ULP
b. no strike clause
c. Labor coercion
d. anti NLRN

A

a

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40
Q

In the case of Stender v Lucky Stores, which of the following is true?

a. The HR team were found culpable of negligent hiring
b. A lawsuit on gender discrimination was filed following information from diversity training
c. A lawsuit on repatriation of non US citizents
d. Flexible work arrangements were found to be discriminatory

A

b

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41
Q

The acronym TIPS helps to make sure employers avoid prohibited labor activity. What does TIPS stand for?

a. threaten, indict, promise, and spy
b. threaten, interrogate, promise, or spy
c. threaten, interrogate, propogate, and spy
d. threaten , investigate promise or spy

A

b

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42
Q

The Rehabilitation Act of 1973 is all these except:

a. prohibits discrimination on the basis of disability in programs run by all agencies
b. covers federal contractors with contracts of $10000+
c. Requires federal information technology to be accessible to people with disabilities
d. Prohibits federal employers from discriminating against qualified people with disabilities

A

a

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43
Q

Employers must not enter into hot cargo agreement. What is a hot cargo agreement?

a. an importation clause
b. union organizing
c. When at the union’s request, employers stop doing business with another employer
d. refusing to bargain in good faith

A

c

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44
Q

The following are crucial to an effective repatriation program except:

a. assistance in managing the transition to and from the host country
b. Effective repatriate knowledge management
c. Provide employment for the employees spouse
d. One on one debrief between the manager and repatriate

A

c

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45
Q

Featherbedding is a ULP. What does it mean?

A

When unions require employers to keep employees on jobs rendered obsolete by technology

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46
Q

The RTT corporation is being investigated for discriminatory promotion practices. The company HRIS will be helpful to:

a. provide trends and ratio analyses of the company’s promotion processes
b. Provide data related to the corporation’s affirmative action processes
c. Provide summary comparison of promotion forecast
d. provide data on the EE)-q and OFCCP compliance forms

A

b

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47
Q

In which of these instances is picketing unlawful?

a. when another union has been lawfully recognized as the bargaining rep
b. When a representation election was held within the previous 12 months
c. When a representation election is not filed within 30 days of the start of the picketing
d. all

A

d

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48
Q

Job reinforcement is critical to:

a. effective transfer of training
b. supervisory authority
c. Negative accelerating curve
d. Change increments

A

a

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49
Q

Yellow dog contracts entails which of the following?

a. employers used yellow dog contracts to prevent employees from joining unions by signing agreements
b. The agreement stipulates that joining a union in the future will be sufficient grounds for dismissal
c. a and b
d. none of the above

A

c

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50
Q

The ADAA defined disability as an impairment that substantially limits one or more major life activities. The following are correct under the ADAAA except:

a. Specified that disability includes any impairment that is in remission if it will substantially limit a life activity when active
b. Reasonable accomodation must be provided for individuals who have substance abuse issues
c. Prohibits consideration of ameliorative effects of mitigating measures when assessing an impairment
d. Major life activities is expanded to include major bodily functions.

A

b

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51
Q

A new employee is told by her coworkers that one of her duties is to handle customer queries as they arrive. However, her superior informs her that customer queries are to be handled by her department as a whole, and in fact she should defer to her coworkers until she becomes more acclimated. This employee’s situation can be defined as role orientation. role conflict. role overload. role ambiguity.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 595-600). Unknown. Kindle Edition.

A

b

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52
Q

In business, what is the primary difference between a goal and a strategy? The terms are interchangeable. Strategies are created by executives, while goals are set by middle managers. Strategies precede goals. Strategies are the means, while goals are the end. Which of the following is closest to the national LWDI average

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 601-606). Unknown. Kindle Edition.

A

d

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53
Q

Which of the following is closest to the national LWDI average for private-sector organizations? 250 25 2.5 0.25

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 606-609). Unknown. Kindle Edition.

A

c

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54
Q

According to the Pregnancy Discrimination Act of 1978, employers should treat pregnancy like a Work-related illness. Work-related injury. Short-term disability. Long-term disability.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 610-614). Unknown. Kindle Edition.

A

c

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55
Q

Which of the following is an example of a chemical health hazard?

a. bacterium
b. pesticide
c. fungus
d. virus

A

b

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56
Q

Which of the following employees would be most likely to receive on-call pay? Dermatologist High school janitor with the keys to the school’s generator Receptionist Police officer

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 619-623). Unknown. Kindle Edition.

A

b

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57
Q

The Stanley Corporation wants to avoid lawsuits, so the human resources department occasionally reviews the hiring process to ensure compliance with all equal opportunity regulations. This is an example of risk avoidance. risk elimination. risk mitigation. risk transfer.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 623-628). Unknown. Kindle Edition.

A

c

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58
Q

What is the name for the tendency to assign more responsibility for negative behavior to personality or effort rather than environment? Nonverbal bias Fundamental attribution error Recency bias Halo effect

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 629-633). Unknown. Kindle Edition.

A

b

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59
Q

According to Edward E. Lawler, the four elements of a high-involvement organization are knowledge, communication, incentives, and evaluation. planning, execution, evaluation, and control. selection, maintenance, evaluation, and forecasting. power, information, knowledge, and rewards.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 633-638). Unknown. Kindle Edition.

A

d

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60
Q

A Scanlon plan is an example of:

a. individual incentive
b. sales bonus
c. group incentive
d. employee stock ownership plan

A

c

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61
Q

Which of the following statements about union decertification is true? Decertification does not prevent employees from joining a different union later. Decertification only occurs when employees are displeased with the union. Employers may lobby employees during the decertification process. Half the employees must petition the NLRB before a decertification vote is held.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 644-650). Unknown. Kindle Edition.

A

a

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62
Q

In which case did the Fifth Circuit determine that a company may not claim physical difficulty as a bona fide occupational qualification in order to keep women out of certain jobs? Rosenfeld v. Southern Pacific (1968) McDonnell Douglas Corporation v Green (1973) Weeks v. Southern Bell Telephone Company (1969) Texas Department of Community Affairs v. Burdine (1981)

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 651-657). Unknown. Kindle Edition.

A

c

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63
Q

Which component of an affirmative action plan provides demographic information for the labor market related to each job group? job group analysis determination of availability comparison of incumbency to availability organizational profile

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 659-663). Unknown. Kindle Edition.

A

b

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64
Q

Ron and Marcy apply for the same job at the Brown Company. During Ron’s interview, the interviewer outlines the major responsibilities of the available position, and asks Ron a series of questions about his ability to fulfill them. Marcy’s interview covers much of the same ground, but the interviewer asks different questions related to Marcy’s unique educational background. Ron and Marcy have participated in structured interviews. stress interviews. patterned interviews. nondirective interviews.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 665-671). Unknown. Kindle Edition.

A

c

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65
Q

Which of the following statements about strikes is false? Unions may not strike in favor of an unfair labor practice. Work slowdowns are an illegal form of strike. Employees may strike to support a hot cargo clause. A strike be deemed unlawful because of misconduct by strikers.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 672-677). Unknown. Kindle Edition.

A

c

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66
Q

Sandra is the head of a small human resources department. She wants to implement a human resource information system, so she begins by commissioning a needs analysis. What is her next step? Researching possible systems Asking for permission to implement the system Identifying possible conflicts with other organizational systems. Creating a timeline for implementation

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 678-684). Unknown. Kindle Edition.

A

a

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67
Q

When employees have work early or purposefully work at a slow pace, they are engaging in Property deviance. Production deviance. Political deviance. Personal aggression.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 685-689). Unknown. Kindle Edition.

A

b

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68
Q

The orientation program at Company X is considered very intense. New employees are given a crash course in organizational philosophy, and are discouraged from voicing their opinions or concerns. Which type of people processing strategy is Company X using? Investiture Contest Collective Divestiture

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 691-695). Unknown. Kindle Edition.

A

d

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69
Q

The human resources department wants to see if experienced employees are more productive. The department takes a measure of each employee’s productivity, and then plots it on a graph, on which the other axis is employee experience. Which correlation coefficient would be the strongest suggestion that productivity increases with experience? + 0.8 + 0.2 0 -0.9

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A

a

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70
Q

Which of the following is an example of bottom-up communication? Brown-bag lunch Poster Newsletter Intranet

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A

a

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71
Q

Summarize the ruling in Regents of California v. Bakke (1978). Nonunion employees are not entitled to Weingarten rights. Arbitration clauses are enforceable even when a business is engaged in interstate commerce. Employees must be given a reasonable opportunity to reject unfair arbitration clauses. Universities may not use quotas to boost minority admissions.

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A

d

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72
Q

An employees’ performance on an assembly line is likely to follow a negatively accelerating learning curve. proportionally accelerating learning curve. positively accelerating learning curve. Statically accelerating learning curve.

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A

a

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73
Q

Which of the following is NOT defined as a major life activity by the Americans with Disabilities Act? personal hygiene driving reading sleeping

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A

a

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74
Q

Which of the following is NOT defined as a major life activity by the Americans with Disabilities Act? personal hygiene driving reading sleeping

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 721-725). Unknown. Kindle Edition.

A

b

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75
Q

A new employee enters the training room and notices that the seats have been arranged in a banquet style. What can the new employee expect to do during the training session? Work in a small group Watch a video Take notes

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A

a

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76
Q

How many weeks of unpaid leave is an employer required to give a new mother under the Family Medical Leave Act of 1993?

A

12

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77
Q

Which type of medical insurance plan makes contact arrangements directly with employers? Health maintenance organization Physician hospital organization Preferred provider organization Fee-for-service plan

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A

b

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78
Q

The Williamson Company is using the paired comparison method to appraise performance. There are seven people in the sales job group. With how many people will each member of this group be compared? One Two Six Seven In

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A

c

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79
Q

In which case did the Supreme Court rule that contagious diseases should be treated as handicaps under Section 504 of the Rehabilitation Act? Martin v. Wilks (1989) Johnson v. Santa Clara County Transportation Agency (1987) School Board of Nassau v. Arline (1987) St. Mary’s Honor Center v. Hicks (1993)

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A

c

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80
Q

Which analytical tool indicates the changes that would produce the greatest improvement? Histogram Pareto chart Stratification chart Ishikawa diagram

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A

b

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81
Q

For human resources departments, what is the first step in enterprise risk management? Audit Insurance Forecasting Employee interviews Which type of

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A

a

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82
Q

For human resources departments, what is the first step in enterprise risk management? Audit Insurance Forecasting Employee interviews Which type of

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A

a

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83
Q

Which type of strike is launched despite a no-strike clause in the employee contract? Sit-down strike secondary strike hot cargo strike wildcat strike Which

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A

d

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84
Q

Which piece of legislation declared that back pay awards cannot be a part of compensatory damages? Civil Rights Act of 1964 Civil Rights Act of 1991 Equal Employment Opportunity Act of 1974 Americans with Disabilities Act of 1990

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A

b

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85
Q

The Henderson Company needs to hire a large number of unskilled employees to perform data entry. Which type of application would be most appropriate? Long-form employment application Short-form employment application Weighted employment application Job-specific employment application

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A

b

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86
Q

In which business structure do partners exist mainly as investors, without much influence on daily operations? Limited liability partnership Sole proprietorship
general partnership
joint venture

A

a

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87
Q

Yolanda is a human resources officer at an accounting firm. During tax season, Yolanda contracts with an agency that supplies temporary workers. These workers are paid by the temp agency rather that the accounting firm. What type of contract will Yolanda sign with the temp agency? Temporary contract Resolvable contract Third-party contract Indirect contract

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A

c

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88
Q

What was the primary directive of the Worker Adjustment and Retraining Notification Act? Employers must submit planned expansions to an employee vote. Displaced workers must be given assistance in relocating. The unemployed must have access to training programs Employees and unions must be notified in advance about planned plant closings. A labor

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 795-802). Unknown. Kindle Edition.

A

d

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89
Q

A labor union must deal with several different employers. The union decides to negotiate with the employers one at a time, hoping to achieve successively better deals. What strategy is this union using? Parallel bargaining Integrative bargaining Positional bargaining Multi-unit bargaining

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A

a

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90
Q

Dennis owns a small business. He is contacted by state law enforcement officials because one of his employees is delinquent in his child support payments. Which piece of legislation governs Denny’s conduct in this situation? Small Business Regulatory Enforcement Fairness Act of 1996 Small Business Job Protection Act of 1996 Privacy Act of 1974 Personal Responsibility and Work Opportunity

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A

d

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91
Q

How do corporations fund business operations? Bank loans Investments by partners Government subsidies Sale of stock

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 815-818). Unknown. Kindle Edition.

A

d

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92
Q

Which case first defined employment at-will? Payne v. The Western & Atlantic Railroad Company (1884) Burlington Industries v. Ellerth (1998) Albemarle Paper v. Moody (1975) Griggs v. Duke Power (1971)

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A

a

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93
Q

The point factor method is used to ensure compliance with OSHA regulations. Identify the most important positions in an organization. Create fair performance incentives. Incentivize waste elimination.

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A

b

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94
Q

After his wife gives birth to their first child, Brian takes four weeks of FMLA leave. These are the only days of work Brian misses during the year. At the end of the year, his boss tells him that he is not eligible for a bonus given to employees who have not missed any days of work. However, his coworker jill receives the bonus, and she had three days of paid leave after her mother died during the summer. Brian believes this is unfaire and that he should have received the bonus too. Does he have a legitimate complaint?
No, FMLA leave is counted differently than other forms of leave. No, neither Brian nor Jill should receive the bonus. Yes, FMLA leave should be treated the same as other forms of leave. Yes, Brain should receive the bonus, but Jill should not.

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A

c

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95
Q

ERISA mandates that employees who use grade vesting must be fully vested in a qualified plan immediately within four years within seven years before being laid off.

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A

c

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96
Q

Which piece of legislation established a new definition for “highly compensated individual”? Small Business Regulatory Enforcement Act Fairness Act of 1996 Sarbanes-Oxley Act of 2002 Small Business Job Protection Act of 1996 Pension Protection Act of 2006

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A

c

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97
Q

The SMART model outlines the important characteristics of forecasting studies. employee training. effective recruiting organizational goals.

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A

d

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98
Q

The salesmen at Franklin Company earn bonuses of $ 500, $ 750, $ 1000, and $ 1500, respectively. What is the median bonus? $ 500 $ 950 $ 1000 $ 4750

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A

c

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99
Q

During which phase of the strategic planning process would a SWOT analysis be most useful? Evaluation Environmental scan Construction Adjustment

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A

b

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100
Q

Which of the following organizations must complete an annual EEO survey? A bank that issues United States savings bonds A university A local government with fewer that a hundred employees A federal subcontractor with more than a hundred employees

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A

a

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101
Q

Which of the following correlation coefficients would indicate the strongest relationship between two variables? + 0.7 0 -0.1 -0.9

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A

d

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102
Q

Which of the following institutions did not receive Title VII coverage pursuant to the Equal Employment Opportunity Act of 1972? Religious institutions Universities
state gov. agencies
federal legislative bodies

A

a

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103
Q

Vince is a middle manager at Foster Company. He earns a base salary of $ 80,000, and the midpoint of the salary range for middle managers is $ 100,000. What is Vince’s compa-ratio? 80% 100% 125% 180%

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 885-889). Unknown. Kindle Edition.

A

a

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104
Q

In which case did the Supreme Court rule that employee selection tools that adversely impact a protected class could still be legal if the employer can prove that the tool is predictive of success? Taxman v. Board of Education of Piscataway (1993) Automobile Workers v. Johnson Controls, Inc. (1977) Harris v. Forklift Systems (1993)

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A

d

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105
Q

Which of the following was a consequence of the Workforce Investment Act? A Mass layoff was defined as either 500 employees or 33% of workforce. Workers must be given 60 days notice before plant closing. Labor unions were encouraged to cooperate with management on worker training. The creation of comprehensive training centers for workers and employers.

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A

d

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106
Q

What are Philip B. Crosby’s four absolutes of quality? Communication, recruiting, evaluation, and planning Unfreezing, moving, refreezing, and evaluating Team learning, system thinking, personal mastery, and shared vision Conformance to requirements, prevention, performance standards, and measurement

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A

d

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107
Q

In Alderfer’s theory of motivation, what do the letters ERG stand for? Energy, relatedness, and growth Existence, responsibility, and growth Energy, responsibility, and growth Existence, relatedness, and growth

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A

d

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108
Q

Which piece of federal legislation made it illegal to discharge an employee after only one garnishment order? Consumer Credit Protection Act of 1968 Fair Credit Reporting Act of 1970 Labor-Management Reporting and Disclosure Act of 1959 Equal Pay Act of 1963

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A

a

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109
Q

Name one consequences of the Clayton Act of 1914. Workers retained the right to organize. The Sherman Act was applied to unions. Employers could not always use injunctions to break strikes. Federal contractors must pay the going rate for workers.

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A

c

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110
Q

Fran is interviewing candidates or an accounting position. Glenda seems like a very qualified candidate, but Fran finds her voice very annoying. Despite Glenda’s solid record, Fran hires another candidate. Fran’s decision demonstrates the central tendency horn effect stereotyping bias cultural noise bias

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 929-932). Unknown. Kindle Edition.

A

b

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111
Q

If a federal bill is marked up but is not sent back to the full committee, it is sent back to the subcommittee is subject to hearings is put to a vote dies

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A

d

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112
Q

Which of the following would be considered nonmonetary compensation? flex time stock options medical care premiums paid leave

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A

a

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113
Q

leave Which of the following is NOT a chart commonly used in total quality management? Pareto chart Pie chart Scattergram Histogram

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A

B

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114
Q

Which of legislation forbade yellow dog contracts? Fair Labor Standards Act of 1938 Norris-LaGuardia Act of 1932 Public Contracts Act of 1936 Sherman Anti-Trust Act of 1890

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A

B

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115
Q

Programs that help union members maintain their skills and competence in their field are called adult recertification corporate universities continuing education joint training programs

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A

D

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116
Q

Which of the following statements about the Delphi technique is false? The participants remain anonymous It takes place in a single round It is a convenient form of qualitative analysis when participants are distant It allows for a broad range of perspectives

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A

B

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117
Q

A mid-range plan can be executed in six months nine months two years four years

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 966-970). Unknown. Kindle Edition.

A

C

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118
Q

At Danielson Company, the Monday after Labor Day is a paid holiday. Steve, an employee at Danielson Company, works nine-hour days on Tuesday, Wednesday, Thursday, Friday, and Saturday of that week. How many hours of overtime has Steve worked? None Five Nine Thirteen

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 971-976). Unknown. Kindle Edition.

A

B

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119
Q

Fernando shows up for work on Monday morning, but the office has been overstaffed, so his boss sends him home almost immediately. The compensation owed to Fernando is called on-call pay call-back pay reporting pay shift pay

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A

C

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120
Q

wHAT IS The primary directive of the Federal Employee Compensation Act of 1916? To allocate funds to federal workers injured while performing their jobs To provide worker’s compensation rights to employees in the private sector To guarantee a minimum wage to federal employees To outlaw the fellow servant rule

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A

a

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121
Q

A human resource officer at a rapidly growing company is interviewing candidates for a position that has just been created. Management is not yet sure what the precise duties of the new employee will be, but it is very important for the new employee to fit into the organizational culture. What type of interview should be human resources officer conduct? Directive interview Panel interview Stress interview Nondirective interview

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A

d

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122
Q

Which piece of legislation established that employees may not demand payment for their commute time? Fair Labor Standards Act Davis Bacon Act Portal to Portal Act Commute Compensation Act

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A

c

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123
Q

What are the typical hours of the swing shift? 10 pm to 6 am 12 am to 8 am 4 pm to 12 am 5 pm to 1 am

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A

c

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124
Q

What is the largest possible damage award under the Civil Rights Act of 1991? $ 50,000 $ 100,000 $ 200,000 $ 300,000

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A

d

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125
Q

Which of the following statements about performance appraisal is false? Ranking is a good method for appraising large groups of employees. Focal review programs include all of the employees in an organization. Forced ranking systems assume that most employees are neither exceptionally good nor exceptionally bad. A behaviorally anchored rating system isolates each job’s most important tasks.

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A

a

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126
Q

Which of the following is NOT part of Kirkpatrick’s training evaluation framework? Reaction Results Context Learning

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A

c

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127
Q

During the holiday season, Marsha works 30 hours of overtime. Her employer elects to give her compensatory time off instead of direct pay. How many hours of comp time has Marsha earned? 15 hours 20 hours 30 hours 45 hours

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1024-1028). Unknown. Kindle Edition.

A

d

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
128
Q

Tara’s boss asks her to pick up an important client from the airport. The client’s flight is delayed, so Tara goes to a nearby restaurant and eats dinner. Should Tara be compensated for this time? Yes, because she has been engaged to wait. Yes, because she is waiting to be engaged. No, because she has been engaged to wait. No, because she is waiting to be engaged.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1031-1035). Unknown. Kindle Edition.

A

a

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
129
Q

How old must one be to take a job that has been designated hazardous by the Secretary of Labor? 16 18 21 There is no age restriction on hazardous employment.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1037-1040). Unknown. Kindle Edition.

A

b

130
Q

What is the distinguishing characteristics of a seamless organization? Low turnover Multiple chief executives Lack of hierarchy Employees report to two manager

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1042-1046). Unknown. Kindle Edition.

A

c

131
Q

Which of the following is NOT an injury or illness prevention plan required by OSHA? Emergency action plan Safety and health management plan Sanitation plan Fire prevention plan

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1047-1051). Unknown. Kindle Edition.

A

c

132
Q

The Green Company is putting together a group incentive. To begin with, management assesses the baseline productivity levels of the organization. Incentives are given when the group exceeds baseline productivity. What type of program has the Green Company established? Gainsharing Scanlon Plan Improshare Profit sharing

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1053-1058). Unknown. Kindle Edition.

A

c

133
Q

Which of the following is a common problem during the growth phase of the organizational life cycle? Outsourcing Poor communication between management and employees Excessive bureaucracy Slow response to market changes

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1059-1063). Unknown. Kindle Edition.

A

b

134
Q

According to Maslow’s hierarchy, which needs must be met first? Social needs Safety needs Self-actualization needs Physiological needs

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1065-1069). Unknown. Kindle Edition.

A

d

135
Q

Which piece of federal legislation established that the United States will give preferential treatment to prospective immigrants who have special skills? Immigration Reform and Control Act of 1986 Immigration Act of 1990 Equal Employment Opportunity Act of 1972 1965 amendments to the Immigration and Nationality Act of 1952

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1070-1075). Unknown. Kindle Edition.

A

d

136
Q

Which of the following is a strategic function of the human resources department? Creating retention plans Recruiting new employees Ensuring compliance with federal regulations
keeping employee data confidential

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1076-1080). Unknown. Kindle Edition.

A

a

137
Q

In the United States, there is an expectation that employees will meet a minimum standard of effort and competence in their work. This is known as due process a mandatory minimum the duty of intelligence the duty of loyalty

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1082-1086). Unknown. Kindle Edition.

A

c

138
Q

How is gross profit calculated? The cost of goods sold is subtracted from total sales revenue. Operating expenses are subtracted from total profit. Liabilities are subtracted from the total value of the business. Distributions to owners are subtracted from net profits.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1088-1092). Unknown. Kindle Edition.

A

a

139
Q

What piece of legislation led to the creation of generally accepted accounting principles (GAAP)? Omnibus Budget Reconciliation Act Norris-La Guardia Act Securities Exchange Act of 1934 Sarbanes-Oxley Act

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1094-1098). Unknown. Kindle Edition.

A

c

140
Q

Which of the following statements about Six Sigma is false? Master black belts usually concentrate on quality in a single department. Defects are measured on a per-million basis. Green belts work full-time on quality management. The five-step method of Six Sigma is define, measure, analyze, improve, and control.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1100-1105). Unknown. Kindle Edition.

A

c

141
Q

How is the list time rate calculated? Number of lost days per hundred employees divided by total number of employees, then multiplied by 100 Number of lost time accidents divided by 200,000 Number of OSHA recordables divided by 200,000 Number of material safety data sheets filed divided

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1106-1111). Unknown. Kindle Edition.

A

b

142
Q

The Archibald Corporation has offices in thirteen countries besides the United States. In these foreign offices, the management positions are held by Americans. What is one possible drawback of this arrangement? Organizational culture is too homogenous Resentment by the foreign community Lack of communication among the foreign offices Exaggerated hiring costs

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1112-1118). Unknown. Kindle Edition.

A

c

143
Q

The Age Discrimination in Employment Act requires that any employee records related to charges of discrimination must be retained Until the charges are resolved. For one year. For two years or until the charges are resolved, whichever comes first. For seven years.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1119-1124). Unknown. Kindle Edition.

A

a

144
Q

Byron wants to analyze the relationship between the size of the holiday advertising budget and sales. Which analytical strategy will he use? Trend analysis Ratio
simple linear regression
multiple linear regression

A

c

145
Q

What was the primary result of Faragher v. City of Boca Raton (1998)? Employers are not responsible for their employee’s begavior And adverse TEA need only be implied for harassment to be actionable Sexual harassment that creates a hostile work environment is covered by Title VII A work environment is considered hostile if it causes observable psychological injury

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1131-1137). Unknown. Kindle Edition.

A

b

146
Q

How does the Family and Medical Leave Act define a “key employee”? Any employee who has subordinates Any employee whose skills cannot be easily replaced Any manager or executive Any employee whose salary is in the top 10% at the company

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1138-1143). Unknown. Kindle Edition.

A

d

147
Q

Which element of worker’s compensation common law prevent employees from being compensated when their injury was caused by a colleague? Doctrine of contributory negligence Voluntary assumption of risk Fellow servant rule Good Samaritan law

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1144-1148). Unknown. Kindle Edition.

A

c

148
Q

Barbara contracts the flu from her daughter. While she is at work, her stomach becomes upset and she vomits. She has to go home for the day. Is this a work-related illness? No, because vomiting is not considered a significant symptom. No, because the influenza exposure occurred away from work. Yes, because the symptoms were exhibited at work. Yes, because any incidents of vomiting must be reporting.

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1150-1155). Unknown. Kindle Edition.

A

b

149
Q

vomiting must be reporting. What is one common problem with cost-per-hire metrics? They make no distinctions between job groups. They are overly dependent on external economic factors. They overemphasize advertising. They omit costs that are not related to specific candidates. Fill out a questionnaire

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1155-1162). Unknown. Kindle Edition.

A

d

150
Q

Which approach to budgeting requires that every expense be justified? Historical budgeting Parallel budgeting Zero-based budgeting Bottom-up budgeting

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1164-1167). Unknown. Kindle Edition.

A

c

151
Q

Which of the following is NOT one of the stages of stress identified by Dr. Hans Selye? Resistance Withdrawal Arousal Exhaustion

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1169-1173). Unknown. Kindle Edition.

A

b

152
Q

Which of the following statements about drug testing programs is true? Scheduled drug testing programs are the most effective. Businesses must either test all or no job candidates. Business can decide to test certain job groups only.
Candidates may be drug tested before formal offer is extended

PHR Test Study Guide. PHR Exam 2016: 100 Most Common Questions on the Professional Human Resources Certification Exam (PHR Test Study Guide) (Kindle Locations 1174-1177). Unknown. Kindle Edition.

A

c

153
Q

Define zipper clause

A

Provision included in collective bargaining agreements to emphasize that the written document contains the complete agreement negotiated by the parties to it, and that nothing that is excluded is agreed to unless it is put into writing, is signed by all parties, and is attached to the main agreement.

Read more: http://www.businessdictionary.com/definition/zipper-clause.html#ixzz4EDnHOuCJ

154
Q

The following are NLRB remedies when an employer engages in ULPs except:

a. disband an employer dominated union
b. Engage in the collective bargaining process
c. Change company ownership
d. reinstate employees to positions held prior to ULP

A

c

155
Q

What is the training cost for each employee in this scenario; $5000 was spent for the training, $1000 for the training location; 30 full time employees (40 hrs/week) and 4 part time employees (20 hrs/week)

a. $200
b. $187.5
c. $155.5
d. $147.50

A

b

156
Q

The following are NLRB remedies when a union engages in ULPs except:

a. refund excessive dues with interest to members
b. engage in the collective bargaining process
c. sign a written agreement with the employer
d. disband the union

A

d

157
Q

Company TIC has embarked on a survey on customer satisfaction with their detergent range. This survey was sent to 3000 of the current estimate of 5000 customers. Company TIC is using:

a. a sample
b. a distribution
c. a prerequisite population
d. the top customers

A

a

158
Q

ULPs must be filed to the NLRB within how many months of the incident?

a. 3
b. 6
c. immediately
d. 9

A

b

159
Q

Monetary compensation includes the following except:

a. 401k matching
b. pension plans
c. employee stock ownership plans
d. intrinsic rewards

A

d

160
Q

groups of employees challenge supervisors about benefits and employement practices. What is likely happening?

a. picketing
b. union organizing
c. impending strike
d. NLRB elections

A

b

161
Q

The age discrimination in employment act of 1967 (ADEA) stipulates the following except:

a. The ADEA overrides the procedures of hiring of firefighters and police officers
b. prohibits discrimination against persons 40 years or older
c. ADEA applies to businesses with more than 20 employees
d. Waiver of rights must include a period of 21 days to review the waiver

A

a

162
Q

Which of these is not part of a union recognition process?

a. signing of authorization cards
b. demand for recognition
c. Petition to LMRA for elections
d. election

A

c

163
Q

Non-monetary compensation includes the following except:

a. telecommuting
b. flex-time
c. recognition
d. direct compensation

A

d

164
Q

The NLRB will hold an election if how many percent of the cards are signed?

A

30%

165
Q

T/F, Strategic planning is part of an HR audit

A

f

166
Q

Wayne, the HR supervisor, has agreed to a neutrality agreement with the union before realizing he is not sure what it means. Can you help wayne?

A

It means the employer has agreed not to say or do anything in opposition to the union

167
Q

Any employee payment not associated with wages and salaries is known as

A

indirect compensation

168
Q

When an employer agrees to recognize a union based on signed authorization cards, this is called

A

card-check election

169
Q

Which of the following is correct under the ADEA?

a. waivers of rights and waivers involving exits have the same considerations
b. The ADEA protects against discharge or discipline for just cause
c. Waivers on exits or termination require 45 days to consider the agreement
d. the ADEA does not provide for BFOQs to the business operations

A

c

170
Q

What does it mean when the NLRB devises a bargaining union to determine if there is a community interest in the unit?

A

To ensure the interests of the unit members are sufficiently similar

171
Q

T/F, differentiating jobs is an aspect of total rewards

A

t

172
Q

T/F, management personnel, independent contractors, and supervisors are eligible for inclusion in bargaining units

A

f

173
Q

The following is true about procedural justice except:

a. the perception of fairness in determining pay processes and procedures
b. perception on how pay rates are determind
c. perception on how bonuses are distributed
d. perception on how pay reflects actual performance

A

d

174
Q

Define zero-based budgeting

A

executives begin with a clear slate and must justify expenses

175
Q

Ann is a super performer and always exceeds performance expectations. Rose on the other hand has a significant lower level of productivity. Due to this, ann’s pay is higher than rose’s even thought they are on the same pay scale. Which of these applies to the case above?

a. distributive justice
b. personal bias
c. procedural justice
d. ineffective total rewards policies

A

a

176
Q

What are the protected classes under Title VII of 1964?

A
Color
gender
religion
race
national origin
177
Q

When pay systems can be justified via job related criteria and industry/external market conditions, the company is said to have:

A

pay equity

178
Q

The IT dept. in organizations are seen as strategic partners majorly due to:

A

Technology can serve as a competitive advantage for an organization

179
Q

define pay openness

A

the degree of secrecy around pay

180
Q

These are all true about FEPA except

a. FEPA means Fair employment practices agencies
b. FEPA are agencies of the states to enforce EEO legislation
c. FEPA decisions override EEOC decisions
d. Individuals may file with either FEPA or EEOC

A

c

181
Q

with regard to compensation, an entitlement philosophy is best when:

A

placing a value on employee longevity

182
Q

What is the preferred method for an HR professional to protect a company against identified risks?

A

Obtain employment practices liability insurance

183
Q

The SEC requires that annual compensation for the top five executives be reported. The information required includes the following except:

a. deferred compensation
b. executive pensions
c. cash compensation
d. market data

A

d

184
Q

define reasonable accommodation:

A

a. provide accesible facilities to persons with disabilities

b. job requirements be adjusted to accommodate qualified persons with disabilities

185
Q

The following are ways an HR professional can breach a fiduciary responsibility except:

a. acting in self interest
b. conflicting duties
c. fault finding
d. personal profiting

A

c

186
Q

define product based structure

A

ideal organizational set up when company sales rely on 4 key commodities

187
Q

Which of the following is not true concerning line of sight?

a. line of sight can help create a high performance culture
b. LOS helps achieve company goals
c. LOS is effective for all compensation philosophies
d. LOS is used in performance based cultures

A

c

188
Q

define line of site

A

employees know that their performance impacts their pay

189
Q

The Surge company has delcared that accommodation for an electronic wheelchair with laser technology for a disabled employee consitutes an “undue hardship”. What is an undue hardship?

A

an accommodation that places an excessive burden on the employer

190
Q

The FLSA established the following requirements except:

a. introduced min. wage
b. determined criteria for exempt jobs
c. ensures that children do not work
d. determined overtime payment requirements

A

c

191
Q

The industry with the most frequent OSHA violations

A

Construction

192
Q

According to the FLSA, what does exempt mean?

A

Defines the pay status of all positions to determine if certain FLSA components such as overtime apply or not

193
Q

The EEOC regulates compliance of the following areas except:

a. age
b. genetic information
c. pregnancy
d. min. wage

A

d

194
Q

Define hot cargo clause

A

A clause prohibiting an employer from conducting business with some other person with whom the union has or may have a dispute

195
Q

Police officers and firefighters employed by small depts. of fewer than five employees are exempt from

A

Overtime

196
Q

In the construction industry, a union shop clause requires that all employees join the union within a grace period of how many days?

A

7

197
Q

T/F, USERRA does protect pension rights

A

T

198
Q

deine maintenance of membership clause

A

allows employees to choose whether to join the union but once they join, they must remain members until the contract expires

199
Q

newspaper delivery jobs are exempt from which of the following?

a. min. wage
b. OT
c. Child labor
d. all

A

d

200
Q

A closed shop clause requires that all new hires be members of the union before they’re hired. Is the closed shop clause legal?

A

yes, but only in construction

201
Q

Rita participated in an employment discrimination proceeding which ended in a $10,000 fin for the company Rita works for. After two months, Rita was fired for insubordination. Under what can Rita file a charge with the EEOC?

A

Retaliation

202
Q

The ceo of an airline company is negotiating for a no strike/no lockout clause in the collective bargaining agreement because in his view “the clause is mutually beneficial”. How is this explained?

A

The clause provides economic protection from work stoppages which will affect both sides adversely.

203
Q

Employees must be paid a minimum salary of —- per week or —- per year in the salary level test of the FLSA exemption requirement:

A

$455; 23,660

204
Q

An inventory managagement system which states “purchase smaller amounts of supplies frequently” is called:

A

just in time

205
Q

What factors play into the “salary basis” test to determine exemption?

A
  1. Employees payment is predetermined and on a regular schedule
  2. Compensation cannot be reduced because of work variations
  3. Employee must be paid a full salary if any work is performed
206
Q

Staff without disability use the ADA to file claims because disabled individuals receive favorable employment actions. What type of discrimination is this?

A

reverse discrimination

207
Q

For —– to qualify for exemption, they will be paid $455 per week or 27.63/hr

A

computer professionals

208
Q

Determining the job requirements of a position for the purpose of defining exemption status is known as:

A

duties test

209
Q

The lowest remuneration that employers may legally pay to workers or the price below which workers may not sell their labor is called:

A

min wage

210
Q

Engaging and interaction with disabled individuals on requests of reasonable accommodation is part of what

A

ADA compliance

211
Q

T/F Where the state min wage is higher than the federal government, the state requirement supersedes the federal min wage

A

T

212
Q

T/F Non-exempt employees are not required to be paid at least min wage for all compensable time

A

F

213
Q

Some employees have been acting disgruntled and having private conversation in the break room. What is likely happening?

A

union organizing

214
Q

Ana resumes as a HR trainee in the Lift Inc. You have been asked to train her on OT. Which of the following is incorrect OT info to teach Ana?

  1. OT pay is calculated for nonexempt employees as one and a half the regular wage rate
  2. OT is twice the regular pay
  3. Compensatory time off can be used instead of OT payment by public employers only
A

2

215
Q

When some employees on the 3rd shift are paid $.50 more than employees on other shifts. This is known as

A

pay differential

216
Q

Tim is given a 15 min break at work with the understanding that this break shall not be paid for, is this correct according to the FLSA?

A

no, the FLSA states that breaks less than 20 min are compensable

217
Q

In which of the following is travel time compensable?

  1. emergency travel from home to work
  2. one-day off-site assignments outside of regular worksite
  3. work travel away from home that spans overnight
  4. all
A

4

218
Q

T/F, the Mcnamara-O’Hara Service Contract (1965) requires that all federal service contractors pay the prevailing wage

A

T

219
Q

T/F Davis-Bacon Act (1931) - pay prevailing wage for local area; applies to federal construction contracts of $2000 or more

A

T

220
Q

T/F Walsh-Healy Public contracts act (1936) pay prevailing wage for local area; applies to contracts exceeding $2000

A

F, $10,000

221
Q

Dan has travelled overnight on behalf of his company as a passenger on an airplane. Dan has requested for compensation for the time he spent on the flight, is this correct?

A

No, the DOL excludes time spent as a passenger on an airplane from compensable time

222
Q

Griggs v Duke power established that

A
  1. job requirement must be shown to be job related in order to be lawful
  2. Discrimination doesnt need to be intentional to exist
  3. The white employees who didnt have high school diplomas performed well on the job
223
Q

The following are some of the factors used to determine whether employers have an actual practice of wrong deductions from exempt pay except;

  1. the number of improper deduction compared to the number of employee infractions
  2. the number of employees affected
  3. the time period of the deduction
  4. the managerial injunctions against the FLSA
A

4

224
Q

Which of these is not true about the FLSA of 1938?

  1. it covers virtually all employers in the US
  2. It includes enterprise and individual coverage
  3. it regulates ot and child labor
  4. it does not regulate min wage
A

4

225
Q

What does it mean to apply safe harbor provision with regard to payroll mistakes discovered?

A
  1. that there is a clearly communicated policy prohibiting improper deductions
  2. the organization will reimburse employees for improper deductions
226
Q

All of the following are workplace hazards except

a. pesticious hazards
b. workplace hazards
c. electrical explosions
d. gas breakages

A

b

227
Q

Which of the following is not a type of exemption classification?

  1. executive exemption
  2. Administrative exemption
  3. professional exemption
  4. required exemption
A

4

228
Q

All these are true about employment test validity except:

  1. tests that have an adverse impact on a protected class are lawful if they are valid predictors of success on the job
  2. Tests must be job related and valid predictors of job performance
  3. Subjective supervisor rankings are not sufficient for criterion validation
  4. tests that have race implications have been expunged by law
A

4

229
Q

the outside sales exemption is different from other white collar exemptions because

A

there is no salary requirement

230
Q

Wages are to base pay as incentives are to —–

A

variable pay

231
Q

Children of —- and —-age can work in non farming and non hazardous outside school hours on a restricted basis

A

14 and 15

232
Q

T/F, mass layoffs are enforced by the EEOC

A

F

233
Q

T/F, civil rights are enforced by the EEOc

A

T

234
Q

T/F Polygraphs are enforced by the department of justice

A

F, DOL

235
Q

T/F, Privacy is regulated by the Department of justice

A

T

236
Q

Which time reporting is best suited for nonexempt employees?

A

positive time reporting

237
Q

There is a mildly injured employee that seems qualified to complete some job functions, what should be recommended?

A

an independent medical exam

238
Q

The FLSA requires that certain records be kept accuratel by all employers. What is required by the FLSA?

A
  1. Total OT pay for the workweek
  2. Deductions and addition to wages
  3. total hours worked and each work week
239
Q

the EEOC is to Equal employment as the FLSA is to

A

OT

240
Q

When an employer makes an error on the payroll, misclassifies employees as exempt to avoid OT costs, what things are likely to happen?

A
  1. Be required to pay retroactive OT pay
  2. Be required to pay penalties to the affected employees
  3. a government audit of general pay practices
241
Q

Non-exempt employees may not be paid to attend training in unless

A

it is involuntary

242
Q

T/F, The DOJ cannot file a lawsuit for the amount of back wages and liquidated damages

A

F

243
Q

T/F, the DOL can supervise the payment of back wages

A

T

244
Q

T/F, the DOL can file an injunction preventing the employer from unlawfully withholding min wage and OT payments

A

T

245
Q

Define asynchronous training

A

self paced training requiring computer control timing protocol

246
Q

What is the statute of limitation for back pay recovery under the FLSA?

A

2 years, 3 if there is a violation

247
Q

T/F, the EEOA did not create affirmative action plan for Equal Employment Opportunities

A

F

248
Q

T/F, an FLSA violation can lead to imprisonment

A

T

249
Q

T/F, Employers may terminate employees who file FLSA complaints

A

F

250
Q

T/F, FLSA fines may be up to $15,000

A

F, $10,000

251
Q

T/F, Under FLSA, employers may be subject to civil money penalty of up to $10,000 for each employee on child labor violations

A

F, $11,000

252
Q

The SEC requires public companies to disclose the compensation of how many execs?

A

5

253
Q

The equal pay act of 1963 mainly focuses on what

A

prohibits discrimination on the basis of sex

equal pay for equal work with similar conditions, skill and responsibilities

254
Q

T/F, retirement benefits are required by federal law

A

F

255
Q

The Portal to Portal act of 1947 is about what?

A
  1. Clarified what was considered compensable time
  2. Established that employers are not required to pay for employee commute time
  3. Requires employers to pay nonexempt employees who perform regular work duties before or after regular work hours during lunch breaks
256
Q

The Equal Pay act applies to whom and is covered by what?

A

Employers, employees and covered by the FLSA

257
Q

Which agency administers and enforces the equal pay act?

A

EEOC

258
Q

T/F The genetic information act of 2008 stipulates that employers will be penalized for inadvertently obtaining genetic information

A

F

259
Q

The following are part of which act? Prohibits genetic information discrimination in employment and strictly limits the disclosure of genetic information

A

Genetic Nondiscrimination Act of 2008 (GINA)

260
Q

T/F, Genetic information may not be disclosed to employers if it doesn’t identify specific employees

A

F

261
Q

T/F, Companies with union representation usually have seniority based compensation

A

T

262
Q

What type of compensation do the following describe?

1. represents an entitlement compensation philosophy

A

Seniority based compensation

263
Q

Which court case established that union members have a right to representation at meetings where discipline may occur?

A

NLRB v. J. Weingarten, Inc.

264
Q

Define differential pay

A

additional pay for work that is considered beyond the min. requirements of the job

265
Q

T/F, Hazard pay is not differential pay

A

F

266
Q

T/F, incentive pay is an example of differential pay

A

F

267
Q

T/F, geographic pay is considered differential pay

A

T

268
Q

T/F, OT is not considered differential pay

A

F

269
Q

Define Vietnam Era Veterans’ Readjustment Assistance Act of 1974

A

The law requires that employers with federal contracts or subcontracts of $25,000 or more provide equal opportunity and affirmative action for Vietnam-era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

270
Q

Anna works in a hazardous chemical environment. She works 40 hours in a week. In the preceding week, Anna worked for 32 hours (Tuesday-Friday) because Monday was a public holiday. Anna worked for 8 hours on Saturday as well. Is Anna entitled to OT for her work on Saturday?

A

No, the FLSA requires payment only for OT exceeding 40 hours in a week. Anna worked for 40 hours in the week.

271
Q

Define decertification

A

When employees call for an election so the union no longer represents them

272
Q

Define variable compensation

A

Compensation based on employee performance and/or organizational results

273
Q

Define executive orders

A

Presidential proclamations published in the Federal Register which becomes law after 30 days

274
Q

How many critical phases do individual incentive plans have?

A

3

275
Q

What are the steps in an individual incentive plan?

A
  1. Plan Design
  2. Review Process
  3. Communication and Implementation
276
Q

“increase production by 20%, receive a bonus of 10%.” is an example of what phase of the individual incentive plan?

A

Plan design

277
Q

Review bonus payment and company’s ability to pay is part of what phase of the individual incentive plan?

A

Review process

278
Q

What is the purpose of a legislative committee?

A

To study and determine if a bill will get a pass vote by congress

279
Q

T/F, a bonus is not considered part of a group incentive plan

A

T

280
Q

Profit sharing is part of what type of compensation plan?

A

group incentive

281
Q

Improshare and employee stock purchase plan are part of what type of compensation plan/

A

group incentive

282
Q

Executive orders relating to equal employment issues are enforced by who

A

OFCCP

283
Q

T/F, According to a Scanlon Plan, Employees share in pre-established cost savings, based upon employee effort

A

T

284
Q

T/F, ACcording to an improshare plan, standard hours are calculated for the cost reduction of each unit produced

A

F, it is not a cost reduction. pay is based on number of units produced

285
Q

T/F, Employee Stock Ownership Plans and EMployee stock purchase plans are vested after 3 years

A

F

286
Q

TQM interventions focus on what

A

customer needs

287
Q

Define Executive order 11246

A

PRohibits employment discrimination on the basis of race, creed, color or national origin

288
Q

Define Executive 11375

A

Expanded coverage for protected classes to include discrimination based on sex

289
Q

Define executive order 13087

A

expanded discrimination coverage to include sexual orientation

290
Q

Executive order 12138

A

Creating a National Women’s Business Enterprise Policy and prescribing arrangements for developing, coordinating and implementing a national program for women’s business enterprise

291
Q

T/F Job evaluations are the first step to defining ERISA compliance

A

F

292
Q

T/F, Job evaluation seeks to determine the value of jobs relative to each other

A

T

293
Q

T/F, job evaluations are conducted after a job is developed or duties change

A

F, it happens during the job development phase not after

294
Q

T/F, identifying and defining compensable factors for a job are part of job evaluations

A

T

295
Q

Define vesting

A

the employee has earned the right to benefits without the risk of forefeiting them

296
Q

define cliff vesting

A

employees are 100% vested after specified years of service

297
Q

define gradual vesting

A

employees become 20% vested after 3 years until they are 100% vested after 7 years of service

298
Q

What type of patent protects new designs for 14 years?

A

design patent

299
Q

The RATA company uses a job evaluation method where the value of jobs are compared to one another. Managers conduct the job evaluations which makes the process cost effective. However, it has been difficult to compare unrelated jobs and there have been murmurings of subjectivity in the process. RATA is using which job evaluation method?

A

Ranking method

300
Q

What are the two levels of compliance required by Executive Orders

A

a. this level prohibits employment discrimination and requires contractors to take affirmative action in employment actions, in contracts totaling $10,000 or more in a 12 month period
b. This level is for contractors with 50 or more employees who have contracts of $50,000 or more are required to have a written Affirmative Action Plan and be developed within 120 days of the contract with the OFCCP

301
Q

Define OFCCP

A

The Office of Federal Contract Compliance Programs (OFCCP) agency of the US Department of Labor’s Employment Standards Division.

302
Q

T/F, Providing leave beyond company policy is not required by companies when accomadating under ADA

A

F, you have to provide more leave, or unpaid unless you can prove that it is an undue hardship

303
Q

An employer provides four days of paid sick leave each year to all employees and does not set any conditions for its use. An employee who has not used any sick leave this year requests to use three days of paid sick leave because of symptoms she is experiencing due to major depression[4] which, she says, has flared up due to several particularly stressful months at work. The employee’s supervisor says that she must provide a note from a psychiatrist if she wants the leave because “otherwise everybody who’s having a little stress at work is going to tell me they are depressed and want time off.” The employer’s sick leave policy does not require any documentation, and requests for sick leave are routinely granted based on an employee’s statement that he or she needs leave.
In what way does this employer violate the ADA?

A

employee is being subjected to different conditions for use of sick leave than employees without her disability.

304
Q

An employer permits employees to use paid annual leave for any purpose and does not require that they explain how they intend to use it. An employee with a disability requests one day of annual leave and mentions to her supervisor that she is using it to have repairs made to her wheelchair. Even though he has never denied other employees annual leave based on their reason for using it, the supervisor responds, “That’s what sick leave is for,” and requires her to designate the time off as sick leave. How did this employer violate the ADA?

A

he employer has denied the employee’s use of annual leave due to her disability.

305
Q

the employer does not offer leave as an employee benefit;
the employee is not eligible for leave under the employer’s policy; or
the employee has exhausted the leave the employer provides as a benefit (including leave exhausted under a workers’ compensation program, or the FMLA or similar state or local laws).

these are all situations that would still require the employer to provide what type of leave?

A

unpaid

306
Q

Liability may extend from an employee on this basis if the employee is acting within the scope of their employment at the time the liability arose.

A

Vicarious Liability

307
Q

Common Law Agency Test

A

Test used to determine employee status; it considers several factors, the most critical being whether the employer has the right or ability to control the work

308
Q

Economic Realities Test

A

determines whether a worker qualifies as an employee. Is the worker economically dependent on the business or are they are they in business for themselves?

309
Q

What are the factors applied in the economic realities test?

A

Control exerted by the employer over the worker
Worker’s opportunity for profit or loss
Worker’s investment in the business
Permanence of non-working relationship
Degree of skill required by the worker
The extent the work being performed is an essential part of the employer’s business

310
Q

Is the work performed by independent contractors vital to the business?

A

IC services are typically limited to non-essential business activities

311
Q

Define contingent worker

A

one whose job with an employer is temporary, sporadic or differs in any way from the norm of full-time employment.

312
Q

Are contingent workers entitled to protection under employment laws?

A

Yes

313
Q

Define joint and several liability

A

An employee of a staffing agency working for a client may be entitled to compensatory damages under one or both entities if a wrong is proven

314
Q

Define applicant

A

The employer has acted to fill a particular position
The individual has followed the employer’s standard procedures for submitting applications
The individual has indicated interest in the position

315
Q

Should training be offered to independent contractors?

A

no!

316
Q

Can supervisors be held personally liable for his or her actions?

A

No, the business is held responsible for the behavior of the supervisor

317
Q

Are religious organizations covered under the ADA?

A

Yes, but they may give preference to people of their own religion

318
Q

Title VII of the Civil Rights Act of 1964

A

Prohibits discrimination in employment based on specified protected classes

319
Q

Are notes regarding customers or customer behavior the property of the business or the employee?

A

business

320
Q

Who are excluded from at-will employment?

A

government employees, unionized employees, or employees with individual contracts with employer

321
Q

For what can an employer terminate an employee under at-will employment?

A

anything that does not violate discrimination laws, public policy or breach of good faith or fair dealing, or promissory estoppel where the employee reasonably relied on an employer’s promise to the employee’s detriment.