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SPHR Flashcards

1
Q

Characterized by rapid increases in learning in the beginning that taper off as the learner becomes more familiar with the process or task

A

Negatively accelerating learning curve

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2
Q

Additional requirements of ADEA related to exit incentives or termination programs (RIFs)
What and When?

A
  • RIF or layoff affecting more than 1 employee
  • 45 days to consider
  • list of eligibility factors for those affected
  • list of job titles and ages of all individuals included and not included
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3
Q

Categories of expatriate issues in workforce planning

A
  • Cost
  • Foreign Business Practices
  • Cultural Acclimation
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4
Q

This approach seeks to place the best qualified person into each position, regardless of country of origin

A

Geocentric

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5
Q

This approach fills positions int he home country with PCNs and positions in the host country with HCNs

A

Polycentric

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6
Q

Approach in which all key management positions are filled by expatriates

A

Ethnocentric

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7
Q

PCN’s

A

Parent Country Nationals

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8
Q

Measurement useful for determining the types of HR programs needed to manage and support the workforce

A

Accesssion Rate

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9
Q

Measures the number of new employees against the total number of employees

A

Accession Rate

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10
Q

The WARN act defines mass layoffs as what?

A

500 employees or 33% of workforce and at least 50 employees

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11
Q

WARN act requires ___ notice to ___

A
  • 60 days

- individual employees or their union reps

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12
Q

WARN act applies to

A

Employers with 100 or more full time workers or 100 total working aggregate 4k hours per week

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13
Q

WARN unforeseeable business circumstances

A

Sudden and unexpected negative change - For example, cancellation of a major contract without warning

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14
Q

WARN act faltering company exception

A

Company is actively seeking funding and has reasonable expectation that it could prevent layoff and that giving notice may prevent company from obtaining funding

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15
Q

WARN exceptions

A
  • Faltering company
  • Unforeseen business circumstance
  • Natural disaster
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16
Q

The WARN act defines plant closings as

A

50+ full time workers due to permanent or temporary shut down of a single facility

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17
Q

Immigration Reform and Control Act applies to

A

businesses with four or more employees

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18
Q

___ are specifically excluded from the ADA’s medical examination requirement and may be required prior to extending an offer

A

Drug screening tests

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19
Q

The ability of the tool to measures some future outcome

A

Predictive validity

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20
Q

Determines whether the tool properly measures what it is designed to measure

A

Construct validity

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21
Q

Confirms that a selection procedure samples significant parts of the job being tested

A

Content validity

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22
Q

Measures whether test or other instrument produces consistent results so that scores won’t vary over time

A

Reliability

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23
Q

Measure candidate’s ability to analyze and solve problems and draw conclusions from a set of facts

A

Cognitive ability test

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24
Q

Measure candidate’s knowledge and ability to apply skills in various areas

A

Aptitude test

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25
Q

Test of adverse impact

A 
4/5ths or 80% rule:
Adverse impact exists if the selection rate of the protected class is less than 80% of the selection rate of the group with the highest selection rate
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26
Q

UGESP states a selection tool producing adverse impact is discriminatory unless

A
  • Job-related

- Valid predictor of success

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27
Q

Specifically exempt from UGESP

A

ADEA & Rehabilitation Act

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28
Q

What is the 2nd level of EO compliance and to whom does it apply?

A
  • Written AAP within 120 days of origin of contract

- 50+ employees and $50k+

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29
Q

What is the first level of EO compliance and to whom does it apply?

A
  • Prohibits employment discrimination and requires AA

- $10K+ in 12 months

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30
Q

VEVRAA provides ___ and applies to ___

A
  • EEO and AA protection for vietnam vets

- Federal contractors and subcontractors with contracts of $25k+

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31
Q

Rehabilitation Act applies to

A

Federal government and federal contractors with contracts of $10k or more during a 12 month period

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32
Q

of employees for ADA coverage

A

15

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33
Q

ADEA waiver of rights requirements

A
  • Valuable consideration
  • Advice to consult with an attorney
  • 21 days to review/consider
  • 7 days to revoke after signing
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34
Q

BFOQ’s of ADEA

A
  • Firefighters and police
  • Retirements 65 or older who work in executive positions at least 2 years and are eligible for retirement benefits of at least $44k/year
  • Retirements of tenured employees at institutes of higher education at age 70
  • Discharge/discipline for just cause
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35
Q

of employees for ADEA coverage

A

20

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36
Q

of employees for Title VII coverage

A

15

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37
Q

4 Balanced Scorecard areas

A
  • Financial Results
  • Customer Results
  • Key Internal Process
  • How people are hired/trained to achieve org goals
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38
Q

Prima facie retaliation includes these elements

A
  • Employee engaged in a protected activity
  • Employer knew or suspected the employee was engaged in the activity
  • Employee suffered unfavorable employment action
  • Sufficient circumstances to infer a contributing factor was the activity
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39
Q

SOX whistle blower protection is provided by

A

OSHA

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40
Q

A practice of forecasting possible risks to the organization and taking steps to mitigate their impact on organizations

A

Enterprise risk management

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41
Q

Transactions related to product sales and the costs related to creating the product

A

Cost accounting

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42
Q

BPO provider

PEO provider

A
  • Business process outsource

- Professional employer organization

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43
Q

Communicates what the company does, for whom it does it, and what long range success will look like

A

Vision statement

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44
Q

Describes the company, what it does, where it’s going, and how it’s different from other companies

A

Mission statement

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45
Q

A budgetary activity in which HR attempts to measure the value of the human resources

A

Human capital projecting

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46
Q

List the steps in the needs assessment process

A
  1. Describe the objective
  2. Define the current situation
  3. Conduct a gap analysis
  4. Set priorities
  5. Investigate and develop options
  6. Evaluate options and determine budget impact
  7. Recommend solutions
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47
Q

Most effective in environments of highly skilled professionals who are self-motivated and independent

A

Democratic style

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48
Q

Measures the relationship between one variable against another and allows prediction of one variable from the other

A

Simple linear regression

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49
Q

Another name for product-based structure

A

Customer-oriented structure

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50
Q

Elements of Blake-Mouton grid

A 
P
E
O
P
L
E
PRODUCTION
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51
Q

Hersey-Blanchard style where followers have experience and motivation

A

Delegating

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52
Q

Benefits of diversity

A
  • Workforce is more creative
  • Reflects the population
  • Increases the candidate pool
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53
Q

Types of reinforcement are part of which motivation concept?

A

Behavioral modification (operant conditioning)

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54
Q

Describe negative reinforcement

A

Encourages continuation of behavior by removing an unpleasant response to the behavior

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55
Q

Maslow’s hierarchy of needs

A
  1. Psychological
  2. Safety
  3. Social
  4. Esteem
  5. Self-Actualization
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56
Q

Acquired Needs theory

A
  • Achievement
  • Affiliation
  • Power
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57
Q

Describe Theory X & Y

A
  • Theory X managers believe employees are lazy and therefore use a top-down approach
  • Theory Y managers believe employees seek challenging work. Likely to invite participation in decision making
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58
Q

These leaders set the ideal for the group and act as role models, inspiring excellence in the group and stimulating new ideas

A

Transformational leaders

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59
Q

Focuses on relationships in the group, building them to achieve goals

A

Transformational leadership

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60
Q

Define and list motivators according to Herzberg

A

Leading to satisfaction:

  • Achievement
  • Recognition
  • The Work Itself
  • Responsibility
  • Advancement
  • Growth
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61
Q

Focuses on getting the job done and seeks to do this by offering a reward

A

Transactional leadership

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62
Q

PEST analysis

A

Political
Economic
Social
Technological

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63
Q

These leaders work closely with group members to develop skills

A

Coaching

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64
Q

The study of how adults learn

A

Andragogy

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65
Q

Describe contingency theory

A

Utilizes the least preferred coworker scale and 3 situational aspects:

  • Leader/Member relations
  • Task structure
  • Position power
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66
Q

A high LPC score indicates greater concern for ___

A

People

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67
Q

These leaders are effective in situations requiring immediate action or those that are life-threatening

A

Authoritarian or directive

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68
Q

Vroom’s expectancy theory

A
  • Expectancy
  • Instrumentality
  • Valence
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69
Q

Define equity theory

A

People are constantly measuring what they put into work vs. what they get out. Demotivation leads to decreased productivity and quality

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70
Q

The ability of a diverse group of people to achieve org goals and a measure of a company’s ability to work with people from multiple walks of life

A

Cultural competence

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71
Q

These leaders allow members to operate on their own without direction. Leads to lower productivity

A

Laissez-faire

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72
Q

Define and list hygiene factors according to Herzberg

A

Leading to dissatisfaction:

  • Company policy
  • Supervision
  • Relationship with boss
  • Working conditions
  • Safety
  • Relationship with peers
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73
Q

Which acquired needs motivator is the most likely to produce an effective manager?

A

Power

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74
Q

Hersey-Blanchard style where followers are immature or inexperienced

A

Telling

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75
Q

Assigns more weight to current data with the use of a predetermined number and drops old data as new is added

A

Weighted moving average

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76
Q

Hersey Blanchard style where followers have some experience and the leader directs them in a general sense

A

Selling

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77
Q

Self knowledge - how well a person knows himself

A

Intrapersonal intelligence

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78
Q

Define valence according to Vroom

A

The result of calculations as to whether the possible reward is worth the effort

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79
Q

Requires federal contractors to list all job openings with state employment agencies, except for management jobs, positions to be filled internally, and those lasting 3 days or less

A

VEVRAA

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80
Q

Emotional intelligence & social aptitude

A

Interpersonal intelligence

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81
Q

2 key differences between Maslow and Alderfer/ERG

A

1) Alderfer allows that people can work on multiple levels at once
2) Frustration-regression is possible

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82
Q

“The absence rate is higher with new employees” - If this hypothesis is true, we would have ___

A

A negative correlation coefficient

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83
Q

Hersey-Blanchard - Followers have progressed in ability but lack motivation and require support

A

Participating

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84
Q

3 Elements of ERG Theory

A

Existence, Relatedness, Growth

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85
Q

Steps are taken to avoid the risk

A

Risk Avoidance

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86
Q

Steps are taken to reduce the risk

A

Risk Mitigation

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87
Q

Four leadership styles of Path-Goal

A

Directive, Supportive, Participative, Achievement

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88
Q

Used to compensate for data that may be out of date

A

Weighted average

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89
Q

Define instrumentality according to Vroom

A

Will the effort to complete the work be the instrument for obtaining the reward

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90
Q

Define expectancy according to Vroom

A

An individual’s assessment about their capabilities to successfully complete an assignment

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91
Q

How does Hersey-Blanchard theory describe leadership?

A

In terms of the maturity level of the followers:

  • Psychological (motivation)
  • Job Task (experience)
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92
Q

Provides information about the financial results of operations

A

Income Statement or Profit and Loss Statement

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93
Q

A picture of the financial condition of the organization on a specific day, usually the last of the accounting period

A

Balance Sheet

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94
Q

4 Elements needed to create a High Involvement Organization

A

Power, Information, Knowledge, and Rewards

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95
Q

In these organizations, employees are involved in designing their own work processes

A

High-Involvement Organziations

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96
Q

Provides graphical representation of the 80/20 rule

A

Pareto Chart

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97
Q

5 disciplines of the learning organization

A
  • Systems thinking
  • Personal mastery
  • Mental models
  • Building a shared vision
  • Team learning
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98
Q

Three stages of change according to change process theory

A

Unfreezing, moving, refreezing

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99
Q

Organization development is a systematic way of examining an organization’s ___

A

Technology, processes, structure, human resources

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100
Q

Protect new, original, and ornamental designs of manufacturing items

A

Design patents

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101
Q

Plant patents are limited to ___

A

20 years

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102
Q

Utility patents are limited to ___

A

20 years

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103
Q

Design patents are limited to ___`

A

14 years

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104
Q

Protect the invention or discovery of asexually reproduced varieties of plants

A

Plant patents

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105
Q

Protect the invention of new and useful processes, machines, manufacture or composition of matter, and new and useful improvements of the same

A

Utility patents

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106
Q

Works for hire are protected for how long?

A

Shorter of 95 years from 1st year of publication or 120 years from the year of creation

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107
Q

Copyrights protect original works for how long?

A

Life of the author plus 70 years

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108
Q

5 Six Sigma steps

A

1) Define
2) Measure
3) Analyze
4) Improve
5) Control

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109
Q

Crosby’s 4 absolutes of quality

A
  • Conformance to requirements
  • Prevention
  • Performance standards
  • Measurement
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110
Q

Provide a graphical representation of elements that are out of the acceptable range by setting parameters above and below the range

A

Process-Control Chart

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111
Q

Aids in the development of appropriate programs to solve the individual problems that make up a whole

A

Stratification charts

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112
Q

Charts that show the individual components of a problem in addition to the total

A

Stratification chart

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113
Q

Two other names for cause and effect diagrams

A

Ishikawa / Fishbone diagrams

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114
Q

___ are representative of routing tasks, such as operating a cash register

A

Negatively accelerating learning curves

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115
Q

Characterized by a slow start in learning that increases as the learner masters different aspects of the process or task

A

Positively accelerating learning curves

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116
Q

Factors of job enrichment

A
  • Skill variety
  • Task identity
  • Autonomy
  • Task Significance
  • Feedback
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117
Q

3 types of passive training methods

A

Lecture, Presentation, Conference

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118
Q

5 elements of instructional design

A
  • Analysis
  • Design
  • Development
  • Implementation
  • Evaluation
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119
Q

Learner listens to and absorbs information

A

Passive training methods

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120
Q

Occurs when learner performs a task irregularly, not often enough to become proficient

A

Plateau learning curve

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121
Q

Begins with rapid increase in knowledge that levels off a period of time and no additional progress occurs for an extended period

A

Plateau learning curve

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122
Q

___ curve found in software conversion projects

A

S-Shaped

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123
Q

___ are representative of tasks that are complex

A

Positively accelerating learning curves

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124
Q

A slow learning process that accelerates over time and then slows again

A

S-Shaped

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125
Q 
L
E
A
R               xx
N             xx
I            xx     
N       xx
G    xx
TIME IN JOB
A

Positively accelerating

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126
Q 
L
E
A              xx
R           xx
N       xx
I      xx
N   xx
G  xx
TIME IN JOB
A

Negatively accelerating

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127
Q

If all employees are reviewed at the same time, the organization has a ___

A

Focal review period

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128
Q

A review conducted by someone other than the supervisor

A

Field review

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129
Q

Strategies of formulative evaluation

A
  • Needs assessment
  • Asking people
  • Analyzing jobs
  • Pilot tests
  • Pre tests
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130
Q

Testing or previewing the content of training prior to final delivery to ensure it will result in desired behavior

A

Formulative evaluation

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131
Q

The ultimate goal of a talent assessment process is to

A

Align the organization workforce with key business initiatives

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132
Q

Effective for disseminating facts and concepts, refreshing previously learned skills, or expanding a learner’s knowledge in a field already familiar

A

Programmed instruction

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133
Q

Evaluations designed to identify what participants want, know, and need

A

Formulative evaluation

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134
Q

4 types of summative evaluation

A
  • Reaction
  • Learning
  • Behavior
  • Results
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135
Q

In this method, the learner progresses from lesson to lesson in a predesigned course of instruction

A

Programmed instruction

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136
Q

Causes of salary compression

A
  • High-growth economy

- Organization’s compensation system is not aligned with the market

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137
Q

Compa-ration formula

A

Base / Midpoint x 100

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138
Q

What are compa-ratios used for?

A
  • Comparison against a group of employees

- Providing pay / promo recommendations

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139
Q

A merit matrix combines a ___ with the employee’s ___ to recommend the amount of increase

A
  • performance rating

- position in salary range

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140
Q

Generally speaking, an increase of ___ is provided for promotions

A

10%

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141
Q

What type of compensation program focuses on employee KSAs?

A

Competency-based

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142
Q

Competency-based compensation is used most effectively with ___

A

Broadband salary ranges

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143
Q

Effects of broadbanding

A
  • Flatter organizations
  • Facilitates lateral movement
  • Greater collaboration
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144
Q

Legally mandated benefits

A
  • SS
  • Medicare
  • Unemployment insurance
  • FMLA
  • Worker’s comp
  • COBRA
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145
Q

Work hours can children work?

A
  • School year: 7a-7p

- Summer: 7a-9p

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146
Q

Work rules for 14 & 15 year olds

A
  • Non-hazardous, non-farm, non-mining
  • Up to 3 hrs/day or 18/wk
  • Up to 8 hours on non-school day or 40/wk
147
Q

How old must a child be to work in a non-farm job?

A hazardous non-farm job?

148
Q

Define highly compensated employees

A

Make $100k if at least $455/wk is paid as a salary or fee

149
Q

Elements of DOL safe harbor

A
  • Policy against improper deductions and complaint mechanism
  • Reimbursement
  • Commitment to comply in the future
150
Q

Factors in determining FLSA “actual practice”

A
  • # of improper vs. proper deductions
  • time period
  • # of employees affected
  • Geographic locations and managers responsible
151
Q

If the employer has an actual practice of improper deductions, who is impacted? For how long?

A

All employees in that classification lose exempt status for the time the deductions were made

152
Q

Permissible salary deductions

A
  • Absence for personal reasons
  • Illness if part of a plan
  • Offset jury, witness, military pay
  • Penalties for safety rule violation
  • Disciplinary suspensions
  • Initial or terminal weeks when less than 1 week worked
153
Q

What “travel away from home” time is compensable?

A

Travel for overnight stay, during work hours, even on non-work days. Excludes passenger time (except car)

154
Q

Situations requiring pay for travel

A
  • Emergency travel from home to work
  • One day offsite assignments
  • Travel between job sites
  • Travel away from home
155
Q

Non-exempt employees are not required to be paid to attend training events if

A
  • Event is outside normal work hours
  • Voluntary
  • May not be job-related
  • No other work performed during the event
156
Q

Breaks shorter than ___ minutes are compensable time

157
Q

Is on-call time compensable? One exception.

A

No

- Employees required to remain on site

158
Q

Is time spent waiting to engage compensable?

159
Q

Is time spent engaged to wait compensable?

160
Q

Do holidays count as time worked toward overtime qualification?

161
Q

How may public employers compensate for overtime?

A
  • OT payments

- Comp time of 1.5 times number of OT hours worked

162
Q

Federal minimum wage

163
Q

Federal tax legislation is imposed by

164
Q

Rulings from IRS that apply only to the specific taxpayer and circumstances included in the request - used to find out tax implications of transactions

A

Private letter ruling

165
Q

First federal legislation to regulate minimum wages

A

Davis Bacon Act

166
Q

The computer employee FLSA exemption does not apply to

A

Employees who manufacture or repair computers

167
Q

FLSA exemption compensation requirement for computer professionals

A

$455/wk or $27.63/hr

168
Q

Which FLSA requirement for exemption does not apply to outside sales employees?

169
Q

Describe the FLSA salary basis test

A
  • Predetermined pay on regular schedule
  • Pay not reduced for variations in quality/quantity
  • Paid full salary for weeks in which any work is performed
170
Q

Salary level test formula

A

(employee’s annual rate x FTE ) / 52 weeks

171
Q

Expands the requirements of Davis Bacon and Walsh-Healy to contractors providing services to the federal government

A

Service Contract Act (SCA)

172
Q

Employees must be paid a minimum salary of ___ to be exempt.

Exceptions?

A

$455/wk or $23.60/year

  • Outside sales, teachers, attorneys, MDs
173
Q

Individual coverage (FLSA) applies to whom?

A

Orgs whose daily work involves interstate commerce

174
Q

Enterprise coverage (FLSA) applies to whom?

A 
- Businesses employing 2+ employees with at least $500k annual sales
AND
- hospitals
- schools
- government agencies
175
Q

5 major FLSA requirements

A
  • Minimum wage
  • OT requirements and rate
  • Exemption criteria
  • Limitations on child workers
  • Retention of payroll info
176
Q

Which employees are not covered by the FLSA?

A

Those covered by another law

177
Q

SCA applies to federal service contractors with contracts over ___

178
Q

Payments to employees associated with wages and salaries

A

Direct compensation

179
Q

A qualified deferred compensation plan is one that

A
  • Meets ERISA requirements

- Protects employees from loss of benefits to employer mismanagement of funds

180
Q

Two factors in defined benefit formula

A

Salary and Length of service

181
Q

Elements of ERISA

A
  • Increased reporting requirements
  • Funds separated from operating funds
  • Vesting schedules
  • SPD given to employees
  • fund management standards
182
Q

Cash balance plans are subject to ___ regulations

A

Defined benefit

183
Q

___ retirement plans are controversial because some courts have held they ___

A

Cash balance plans, discriminate against older workers

184
Q

This plan’s benefits are determined using a hypothetical personal pension account

A

Cash balance plans

185
Q

Fringe benefits such as vacation, sick and holiday pay, 401k, pension plans, SS, FLMA

A

Indirect compensation

186
Q

Agencies that establish rules for financial reporting that affect total rewards decisions

187
Q

Refers to the degree of secrecy around pay issues

A

Pay openness

188
Q

Relates to how closely pay reflects actual performance

A

Distributive justice

189
Q

Requires government contractors with contracts over $10k to pay prevailing wages

A

Walsh-Healy Public Contracts Act

190
Q

Determining the job responsibilities of a position for purposes of defining exemption status

A

Duties test

191
Q

How fair the internal process and procedures in determining pay scales are perceived to be

A

Procedural justice

192
Q

The midpoint progression is generally ___ for lower grades

193
Q

When employees record the actual hours they’re at work along with vacation, sick, or other time off

A

Positive time reporting

194
Q

FLSA methods for recovering back wages

A
  • Wage and hour division of DOL can supervise payments
  • DOL files lawsuit
  • Private suit
  • DOL injunction
195
Q

Statute of limitations for back pay recovery

A
  • 2 years

- 3 years if willful violation

196
Q

Major provisions of Portal to Portal Act

A
  • Commute time is non-compensable

- Employees paid for work during lunch and before/after normal hours

197
Q

What does the FLSA require regarding hazard pay?

A

Not required but, if paid, must be factored into OT

198
Q

Incentive plans should target at least a ___ bonus to motivate employees

199
Q

Elements of an Improshare incentive plan

A

Baseline for productivity and baseline for productivity costs. Difference in new output determines performance.

200
Q

Elements of Scanlon Plan

A

Employees receive portion of cost savings won through increased productivity and cost savings

201
Q

Which incentive plans are typically covered by ERISA?

A

Profit-sharing

202
Q

Which type of incentive plan requires disclosure of financial information and productivity metrics to employees?

203
Q

Most profit sharing plans qualify as ___ plans

A

Defined contribution

204
Q

Profit sharing plans distribute ___ tax dollars

205
Q

An ESPO is a defined ___ plan

A

contribution

206
Q

An ESOP trust and the contributions the company makes to it are tax ___

A

deductible

207
Q

When are ESOPs taxed?

A

When funds are distributed

208
Q

ESOPs allow employees to use ___ tax payroll deductions to purchase discounted stock

209
Q

ESOP stock is usually discounted up to __%

210
Q

Characteristics that define and distinguish jobs from one another

A

Compensable factors

211
Q

Which job evaluation method involves key benchmark positions?

A

Classification method

212
Q

5 categories used in the point factor classification method

A

Education, Skill, Effort, Responsibility, Working Conditions

213
Q

Factors of the HAY classification method

A

Knowledge, problem solving, accountability

214
Q

Describe internal equity with regard to job classification

A

Value of jobs to each other relative to their value in the organization

215
Q

Ways to establish internal equity in job classifications

A
  • Broadbanding
  • Point Factor
  • HAY
216
Q

Generally, what % of jobs should be included in a salary survey?

217
Q

The difference between the midpoints of the salary grades

A

Midpoint progression

218
Q

The SSA introduced ___ that is to be paid to qualified workers upon retirement or disability

A

Old Age, Survivors, and Disability Insurance

219
Q

The ___ established unemployment insurance

220
Q

The Medicare and OASDI tax was originally contained in ___ but later moved to ___

A

SSA; FICA (Federal Insurance Contributions Act)

221
Q

Per FICA, responsibility for collecting medicare and OASDI tax lies with ___

222
Q

The current SSA retirement age

223
Q

___ moved unemployment tax to the IRS

A

FUTA (Federal Unemployment Tax Act)

224
Q

All employers who make their unemployment tax payments in full and on time receive ___

A

a 5.4 credit, making their tax rate .6%

225
Q

Unemployment tax is calculated as ___

A

6% of the first 7k of each employee’s salary

226
Q

Unemployment is typically paid for how long?

227
Q

Unemployment payments are currently extended to ___

228
Q

Provisions of FMLA

A

1) 12 weeks unpaid leave in a 23 month period (or 26 weeks military caregiver leave)
2) Continuation of health benefits
3) Reinstatement to the same or equivalent position

229
Q

FMLA job restoration rights continue for how long?

A

Until the employee is released to full duty or until the end of the 12 month FMLA year

230
Q

FMLA leave records must be retained for how long

231
Q

FMLA applies to whom?

A

All public agencies and schools, and to private employers with 50+ employees working in a 75 mile radius

50 employees must be employed for each working day of 20 or more work weeks in the current or preceding year

232
Q

Employers retain FMLA subjection until

A

Payroll is less than 50 employees for each of 20 weeks in the current and preceding calendar year

233
Q

Once an employee requests FMLA leave, how quickly must the employer respond?

A

5 business days

234
Q

What happens if an employer fails to notify an employee that he is ineligible for FMLA leave prior to the leave’s start?

A

The employee is automatically eligible for the leave.

235
Q

When are employees eligible for FMLA?

A

Employed for 12 months; Worked 1250 hours in the past 12 months

236
Q

Define a “key employee” under FMLA

A

A salaried employee among the highest paid 10% (as calculated by salary/hours)

237
Q

When the need for leave is foreseeable, the FMLA requires the employer be notified ___

A

30 days prior to the beginning of the leave

238
Q

If proper notice isn’t received, how may the employer alter the FMLA leave?

A

Delayed by as many days as the notification was delinquent

239
Q

If a child is adopted or born to a couple working for the same employer, how much FMLA is due?

A

12 weeks between the couple

240
Q

FMLA certification must be requested within ___ days and provided within ___

A

5; 15 unless the employer allows more time

241
Q

Ways of calculating the FMLA year

A

1) The calendar year
2) Any fixed 12 month period
3) The 12 month period beginning at the start of the FMLA leave
4) A rolling 12 month period counting back from the leave

242
Q

Companies who are self insured for worker’s comp are termed

A

Nonsubscriber plans

243
Q

A pension claim that exists because of a participant’s service

A

Nonforfeitable claims

244
Q

These pension claims are legally enforceably

A

Nonforfeitable claims

245
Q

3 reports ERISA requires

A

SPD, Annual report, notice of participant rights

246
Q

ERISA participation requirements

A

1 year of service and age 21, unless the plan provides 100% vesting after 2 years in which case 2 years is allowable

Must become participants within 6 months of qualification or the start of the first plan year after qualification, whichever is first

247
Q

Vesting schedule in which participants become 100% vested after a specified period of time

A

Cliff Vesting

248
Q

Establishes a vesting schedule that provides for partial vesting each year for a specified number of years

A

Graded vesting or graduated vesting

249
Q

A person, corporation, or another legal entity that holds property or assets on behalf of, or in trust for, the pension fund

250
Q

Criminal penalties for willful violations of ERISA include…

A

5k-100k and imprisonment for up to 1 year

251
Q

Lowered age limits for participation and vesting in pension plans

A

Retirement Equity Act

252
Q

Required written approval from a spouse if the participant didn’t want to provide survivor benefits

A

Retirement Equity Act

253
Q

___ amends ADEA to include a prohibition on discrimination against older workers in all employee benefit plans unless age-based reductions are justified by significant cost considerations

A

Older Worker Benefit Protection Act

254
Q

Reduced rules for rolling over lump sum distributions of qualified retirement plans to other plans and subjected some distributions to 20% income tax withholding

A

Unemployment Compensation Amendments

255
Q

Cap on executive pay, requirement to honor court-issued qualified medical child support orders

256
Q

Simplified actual deferral percentage tests for 401k plans and redefined highly compensated employees

A

Small Business Job Protection Act

257
Q

Established contribution limits, increasing many and allowing for catch-up contributions

A

Economic Growth and Tax Relief Reconciliation Act

258
Q

Required employers to fully fund pension plans. Provides a penalty in the form of a 10% excise tax

A

Pension Protection Act

259
Q

Allowed employees to automatically enroll in a 401k plan. Employees must now opt out.

A

Pension Protection Act

260
Q

Requires defined contribution plans that include employer stock to provide at least 3 other investment options and allow employees to divest stock

A

Pension Protection Act

261
Q

COBRA applies to

A

Businesses with 20 or more employees

262
Q

Employers may charge COBRA participants a maximum of ___

A

102% of the group premium

263
Q

HIPAA is an amendment to ___

264
Q

HIPAA permits exclusion of preexisting conditions for

265
Q

HIPAA defines a preexisting condition as one that

A

was treated within 6 months prior to enrollment

266
Q

Flexible spending accounts are exempt from ___ requirements but subject to ___

A

ERISA, HIPAA

267
Q

Several types of defined contribution plans

A
  • Profit Sharing Plans
  • Money-Purchase Plans
  • Target-Benefit Plan
  • 401k Plans
268
Q

Based on a percentage of company earnings each year

A

Profit-Sharing Plans

269
Q

Profit Sharing Plans allow a max contribution per employee of ___

270
Q

When calculating profit sharing contributions, employers may only use the first $___ of pay

271
Q

____ work well for companies with erratic profit levels

A

Profit sharing plans

272
Q

Uses a fixed percentage of employee earnings to defer compensation.

A

Money-Purchase Plans

273
Q

This type of plan works well for organizations with relatively stable earnings from year to year

A

Money-Purchase Plans

274
Q

A hybrid plan with similarities to a defined-benefit and money purchase plan

A

Target-Benefit plan

275
Q

Plan uses actuarial formulas to calculate the contribution needed to reach a predetermined benefit

A

Target-Benefit plan

276
Q

These plans may not provide greater benefits to highly compensated employees

277
Q

Define a highly compensated employee

A

$115k/year, owns 5% or more of the company, in the top 20% of highest paid employees

278
Q

___ aren’t protected by ERISA and are generally available to only executives

A

Nonqualified deferred-compensation plans; top hat plans

279
Q

Types of nonqualified deferred-compensation plans

A

Rabbi or Grantor Trusts and Excess Deferral Plans

280
Q

Plan in which funds are unsecured and subject to claims made by the organization’s creditors.

A

Rabbi or Grantor Trusts

281
Q

When and how are Rabbi Trusts taxed?

A

At the time they are paid; as ordinary income

282
Q

Allows the organization to make contributions to a nonqualified plan to reduce the impact of discrimination testing on HCEs

A

Excess Deferral Plans

283
Q

Consists of a network and includes a hospital. Physicians may only see plan participants

A

Exclusive Provider Organizations

284
Q

Physicians join with a hospital and together rely on the plan structure to market their services. Unique in that they contract directly with the employer.

A

Physician Hospital Organization

285
Q

Places no restrictions on the providers participants can see.

A

Fee for Service Plans (FFS)

286
Q

These plans require participants to pay out of pocket and be reimbursed

A

Fee for Service

287
Q

Process by which providers set treatment rates based on the costs incurred by the group during the current coverage period

A

Experience rating

288
Q

IRS views group life insurance in excess of ___ as imputed income

289
Q

Indirect compensation paid on behalf of employees

A

Imputed income

290
Q

ASO Plans are ___

A

Administrative Services Only - May also be used for self-funded plans

291
Q

An association of employers who negotiate and contracts for the plan on behalf of all members of the group

A

Health Purchasing Alliance

292
Q

Health plans popular among smaller employers

A

Health purchasing alliances

293
Q

If an employer uses a PTO plan, what is payable to the employee upon separation?

A

All remaining time (sick and vacation) in the plan

294
Q

FSAs were authorized by what law?

A

The Revenue Tax Act

295
Q

FSAs are also known as

A

Section 125 plans

296
Q

For employers, a downside of FSAs is that…

A

employees may be reimbursed for expenses before the funds have been deducted from their pay.

297
Q

If an employee leaves the company after FSA expenses have been paid but before the cost was withheld from their paycheck, can the funds be recovered?

298
Q

Maximum amount employees can set aside for dependent care costs

299
Q

One key difference between an FSA and a dependent caregiver account is that…

A

In a dependent caregiver account, employees can not be reimbursed in excess of the money already withheld from their paycheck

300
Q

2 IRS-required annual plan discrimination tests

A

key-employee-concentration and dependent-care

301
Q

Statutory deduction

A
  • SS
  • Medicare
  • Federal Income Tax
  • State Income Tax
  • UI (in some states)
  • Disability Insurance (in some states)
  • Other state and local taxes
302
Q

Federal Wage Garnishment Law is part of

A

Title III of Consumer Credit Protection Act

303
Q

Title III of the Consumer Credit Protection Act protects employees by ___

A
  • Prohibiting termination of employees whose wages are garnished for any one debt
  • Sets limits on the amount that can be garnished per week
  • Defines how disposable income is calculated for garnishment withholdings
304
Q

Define disposable income

A

Income left over after all mandatory deductions have been made

305
Q

Debt Garnishment Calculation

A

The lesser of 25% of disposable income or disposable income in excess of 30 times the minimum wage

306
Q

Child Support Garnishment Calculation

A

Up to 50% of disposable income if the employee is currently supporting another child or spouse, and 60% if not.

An additional 5% is permitted for garnishments 12 weeks in errears

307
Q

This legislation requires employers to report all new hires within 20 days of their hire date to the State Department of New Hires

A

Personal Responsibility and Work Opportunity Reconciliation Act

308
Q

The Federal Wage Garnishment Law applies to

A

All employers and employees

309
Q

A typical compensation package for executives can include ___

A
  • Base salary
  • Bonuses and ST incentives
  • LT incentives
  • Benefits
  • Perks
310
Q

OBRA limited tax deductions for executive pay to ___

311
Q

Provides significant benefits to an executive whose employment is terminated

A

Golden Parachute

312
Q

Most often used when a CEO takes a position that entails a high risk of termination due to restructuring or sometimes as an incentive to retire early

A

Golden Handshake

313
Q

Sometimes offered to executives of a company being acquired, to ensure they remain with the reorganized company

A

Golden Lifejacket

314
Q

Incentive Stock Options can only be offered to

315
Q

An Incentive Stock Option is favorable to employees because

A

it does not face taxes at the time the stock option is exercised, only when sold at a later date

316
Q

An Incentive Stock Option is not favorable to employers because

A

They only receive a tax deduction if certain conditions are met

317
Q

Incentive Stock Options are also called

A

Qualified Stock Options

318
Q

Nonqualified stock options can be provided to

A

consultants and members of the BOD as well as employees

319
Q

Describe the tax treatment of a nonqualified stock option

A
  • Employer receives tax deduction when options are exercised

- Recipients pay tax on any gain they realize from the sale. Income from the stock is treated as compensation

320
Q

Common stock offered to employees

A

Restricted stock

321
Q

Used in privately held companies to provide the benefits of ownership without granting stock

A

Phantom stock

322
Q

The most common recipients of phantom stock are

A

The BOD and executives

323
Q

With phantom stock, what determines its value?

A

A valuation formula.

324
Q

When can an employer receive a tax deduction related to phantom stock?

A

When the stock yields a payout

325
Q

When do accounting rules require that stock options be reflected in financial reports?

A

When the options are granted

326
Q

This metric provides information about the cost of human capital relative to other operating expenses

A

Compensation as a percentage of operating expenses

327
Q

Formula for compensation as a percentage of operating expenses

A

Base, variable, & deferred comp / Operating Expenses

328
Q

This clause allows the parties to agree on which laws - home or host country - will apply

A

Choice of law clause

329
Q

A civil action based on a duty or obligation that has been breached by one party, causing an injury of some kind to another

330
Q

Occurs when an employer entices an employee (or prospective employee) to take an action by promising a reward. The employee takes the action but the reward is not granted.

A

Promissory Estoppel

331
Q

This means an employer can be held liable for actions of its employees that occur within the scope and course of the job, regardless of whether the act is negligent or reckless

A

Respondeat Superior

332
Q

Occurs when an employer makes the workplace so hostile and inhospitable that an employee resigns

A

Hostile Work Environment

333
Q

Employers are generally protected from defamation charges by ___ if the information is truthful and job-related.

A

Qualified privilege

334
Q

A hostile work environment is created when individuals are subjected to unwanted verbal or physical conduct…

A

when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, work performance, or creates an intimidating, hostile, or offensive work environment.

335
Q

Case that established that “hostile environment” sex discrimination is actionable under Title VII and that to be protected, employers should have a policy encouraging victims to come forward.

A

Meritor Savings Bank v. Vinson

336
Q

Established that the test for harassment is conduct which falls between that which is merely offensive and that which results in tangible psychological injury.

A

Harris v. Forklift Systems

337
Q

Case in which the court determined that subordinates know that the possibility of adverse supervisory actions exist whenever requests are made, even if the adverse actions aren’t stated.

A

Faragher v. City of Boca Raton

338
Q

Case in which it was determined that in part “an employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate or higher authority over the employee.”

A

Burlington Industries v. Ellerth

339
Q

Case dealing with same-sex harassment

A

Oncale v. Sundowner Offshore Services, Inc.

340
Q

Case that determined that because a male employee was subjected to offensive sexual conduct, the conduct was sexual in nature and discriminatory, and he was treated differently based on his sex. (sexual orientation)

A

Medina Rene v. MGM Grand Hotel

341
Q

Barriers for the advancement of women, per the Glass Ceiling Act

A
  • Societal barriers
  • Internal structural barriers
  • Governmental barriers
342
Q

___ conducts glass ceiling audits

343
Q

Protects the rights of reservists called to active duty in the armed forces.

A

Uniformed Services Employment and Reemployment Rights Acts

344
Q

Who is subject to USERRA?

A

All employers

345
Q

USERRA grants a leave up to ___.

Exceptions?

A

5 years

Boot camp, waiting for orders, annual training are all excluded - no limits

346
Q

2 employee rights under USERRA

A
  • Moonlighting during off-duty hours
  • Reinstatement rights maintained if the employee leaves the job to prepare for mobilization and then mobilization is cancelled
347
Q

Compensation during USERRA leave

A
  • Employers not required to pay unless they have a policy of doing so
  • Employees may apply their accrued vacation but cannot be required to do so
348
Q

Benefits on USERRA leave

A
  • Same benefits as other employees on leave
  • Continue to accrue seniority and other benefits
  • For leaves more than 30 days but less than 240, COBRA-like continuation
  • 31 days or less and at employee’s request, continuation of health coverage at regular cost
349
Q

Pensions under USERRA leave

A
  • Vesting and accrual treated as if there were no break in service
  • Employer contributions continue as if employee were working
  • For defined-contribution plans, employee must be given 3 times the duration of the leave (max 5 years) to make up payments missed. Any employer matches must also be made up.
350
Q

Reinstatement under USERRA

A

Must be reinstated to the position the employee would have earned if they had remained on the job.

351
Q

USERRA forfeiture of reinstatement rights

A
  • Temporary or seasonal employees
  • Dishonorably or any way other than honorably discharged
  • AWOL for 90 days
352
Q

Continued employment under USERRA

A
  • Leaves between 30 and 181 days - no discharge without cause for 6 months
  • 181 days or more - no discharge without cause for 1 year
353
Q

Requires an employee to act with reasonable care and skill in the course of performing work for the employer

A

Duty of Diligence

354
Q

Requires employees to act within the authority granted by the employer and to follow the employer’s reasonable and legal policies, rules, procedures

A

Duty of Obedience

355
Q

Requires that employees act in the best interest of the employer and not solicit work away from the employer to benefit themselves

A

Duty of Loyalty

356
Q

Describes how people feel about an organization based on a number of factors, including observable practices and employee perceptions.

A

Org climate

357
Q

Org ___ is strongly influenced by the structure as reflected in the org chart

358
Q

Based on the values and beliefs shared at all levels and reflected by interactions between employees and customers and vendors

A

Org culture

359
Q

List some employee involvement strategies

A
  • Suggestion boxes
  • Delegating authority
  • Task Forces
  • Committees
  • Work Teams
  • Virtual Work Teams
  • Employee-Management Committees
360
Q

Employers should use care when creating committees to address issues related to any terms and conditions of employment such as wages, safety, training, scheduling, to avoid the appearance of having created a

A

employer-dominated union, prohibited by the NLRA

361
Q

Broad guidelines developed by the employer to guide organizational decisions

362
Q

Provide details on how policies are to be applied

A

Procedures

363
Q

State what employees may or may not do to comply with the policy

A

Work Rules

SPHR (3 decks)

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