SHRM CP Test

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Affirmative Action Plan

written statement of how the organization intends to actively recruit, hire, and develop members of relevant protected classes requires workforce analysis/profile which conveys talent, knowledge, skills of current workforce. Demographics first, then gap and risk analysis (determine vulnerability)- document anticipated changes to how work is performed and how advances in technology can have an effect - forecast future talent data for profile can be obtained voluntarily or through publicly reported statistics and census results profile calculates employee traits like age, experience level, average education in the field, status changes (full, part time, temp)

An employer receives medical documentation from an employee that he/she will not be able to perform the essential functions of the position due to medical reasons. What should the employer do firsT?

review the medical documentation against the essential job functions employers must make reasonable accomodations for disability, but this sounds as if the employee won't be able to complete their work. before firing the employee, they should review the docs.

utilization review

safeguard against unnecessary and inappropriate medical care. It allows health care providers to review patient care from perspectives of medical necessity, quality of care, appropriateness of decision-making, place of service, and length of hospital stay.

Sharon Taxman vs Board of Ed of Township of Piscataway

school board chose to terminate a white teacher while keeping a black one because they thought it would serve as an example for students, despite both teachers having equal seniority and performance ratings and % of black teachers was already greater than surrounding areas Third Circuit Court ruled this a violation of Title V11 due to the fact that there was no manifest imbalance caused by prior discrimination

a voluntary benefit offered to employees who lose their job

severance pay

a needs assessment is not legally required for

sexual harassment training

what form of application is best for internal recruitment?

short-form application internal recruitment will require minimal information as it pertains to current employees for which the company already has the employee's information on file and will require only a formal application rather than a detailed application as will be necessary for an external candidate

Variance

specifies whether numbers in a group are all close to the mean, or widely scattered - calculated by computing the mean, then subtracting it from each number. Differences are squared, then averaged by adding them together and dividing by n

Path-Goal Theory (Evans and House)

states that a leader is to establish goals and provide directions on reaching the goals. 4 leadership styles used to accomplish goals; Directive, Supportive, Participative, and Achievement-Oriented

SWOT analysis

strengths, weaknesses, opportunities, threats

protected strike

strike that is either economic in nature over terms or conditions of employment or caused by a ULP (unfair labor practice). economic strikers can be temporarily or permanently replaced, ULP strikers can only be temporarily replaced

what is the principal advantage of an employer maintaining a qualified pension plan as opposed to a non-qualified plan?

tax advantages for the employee and employer gives tax break, reduces taxable income

USERRA does not protect and/or provide reinstatement protection for...

temporary employees, independent contractors, or employees dishonorably discharged

Horn effect bias

tendency to allow one's judgment of another person, especially in a job interview, to be unduly influenced by an unfavourable (horn) first impression. Opposite of halo effect

in Conducting a needs assessment

the first step should be identifying organizational needs

under the PPACA, an employer may utilize the look-back measurement method to determine what?

the look-back measurement is a method of determining eligibility for coverage. the employer looks at a defined period of time that employee has worked and averages the weekly hours. if the average is 30 hours or more per week, the employee would likely be eligible for coverage

what is the style of negotiation that aims to meet the needs of both parties and leverage collaboration to come to an agreement?

the principled negotiation style is an interest-based bargaining technique that aims to identify a mutually beneficial agreement, aka a 'win-win'

markup

the process by which a U.S. congressional committee or state legislative session debates, amends, and rewrites proposed bills or legislation

vesting

the process by which an employee accrues non-forfeitable rights over employer-provided stock incentives or employer contributions made to the employee's qualified retirement plan account or pension plan.

job analysis

the process of gathering and analyzing information about the content, requirements of jobs and the context in which jobs are performed. This process is used to determine ***job descriptions***, job specifications, and placement of jobs

succession planning

the process of identifying and tracking high-potential employees who will be able to fill top management positions when they become vacant

standard deviation

the square root of the variance - associated with a probability distribution

In cases where ADA, FMLA, and worker's comp laws conflict with one another, an employee should honor

the statute most beneficial to the employee

what is the purpose of a total rewards strategy?

to use the budget for rewards in order to retain employees reviewing the budget and finding out how much of the budget is available for establishing rewards that will retain employees

intranet is a form of

top-down communication

Sexual Harassment - definition and conditions

unsolicited sexual advances, requests for sexual favors, and any other conduct of a sexual nature that meets any of the following conditions: 1. obedience to such conduct is construed as a condition of employment either explicitly or implicitly 2. obedience to or rejection of such conduct is used as the basis for employment decisions affecting an individual 3. such conduct produces an intimidating, hostile, or offensive working environment or otherwise interferes with an individual's work performance

the most effective way to prevent workplace violence is to

use background checks to determine if the potential employee has a history of violence if you don't hire violent people, your chances of having a violent workplace diminish!

non-discretionary bonuses are...

used to calculate overtime pay

multiple regression

used when there is more than one independent variable

when conducting market research for compensation studies, what is best practice?

utilize at least one market survey with aggregated salary information job titles and levels can vary across organizations. the actual duties and responsibilities should be taken into account when determining the similarity of positions

card check election

when an employer agrees to recognize a union based on signed authorization cards the employer agrees to recognize the Union as the official bargaining agent of the employees once the NLRB verifies that a majority of the entire group of employees has signed Union membership cards

Alter Ego Employer

when an employer has two businesses with substantially identical management, operations, and ownership

HR audits are actually more effective

when outsourced, as there is greater accuracy and objectivity

major issues surrounding collective bargaining

who will represent workers, which issues with be negotiated into the contract, what strategies will be used in bargaining, how bargaining impasses will be resolved, how the contract will be administered

The HR tools used to identify and assess risks are

workplace investigation and HR Audits

Remuneration surveys

Surveys that collect information on prevailing market compensation and benefits practices, including starting wage rates, base pay, pay ranges, other statutory and market cash payments, variable compensation, and time off.

Wagner Act identifies employer actions that are unlawful while...

Taft-Hartley Act idenitifies union activities that are unlawful

Fred Fielder's Contingency Theory of leadership

Uses the LPC to measure the leader's inclination toward either the people or the task

Lewin's Change Model

1. Unfreezing - occurs when current values, attitudes, and behaviors are challenged, and people understand the need for change 2. Changing- occurs during the action phase, whereby the situation is examined, and a new equilibrium is created. People develop new values, attitudes, or patterns of behavior 3. Refreezing- change is stabilized, new patterns are solidified. Requires that people experience positive consequences to strengthen their continuing commitment and continued management of the change process

Number of possible Myers-Briggs personality Types

16

Gantt Chart

A date and time-based and activity bar chart that is used for planning, managing, and controlling major programs that have a distinct beginning and end.

Developmental change

A gradual improvement in skills, methods, or processes to help an organization function more efficiently.

Hershey and Blanchard's Situational Theory

A life-cycle theory of leadership postulating that a manager should consider an employee's psychological and job maturity before deciding whether task performance or maintenance behaviors are more important. States that maturity is defined by the workers' ability to perform required activities and willingness to accomplish what is necessary 4 leadership styles: Telling, Selling, Participating and Delegating

Lean Six Sigma

A methodology that combines the organizational elements and tools of Six Sigma with Lean's focus on waste reduction

Action Research Model

A strategy of Organizational Development that typically involves the processes of problem identification, data gathering, feedback of the data to the client group, data discussion and diagnosis, action planning, action, and recycling (reevaluation). These processes are recycled as needed to increase organization effectiveness.

Sarbanes-Oxley Act

An act passed into law by Congress in 2002 to establish strict accounting and reporting rules in order to make senior managers more accountable and to improve and maintain investor confidence. Requires all publicly traded companies and auditors to prove accuracy of numbers and reporting processes to the SEC established the Public Company Accounting Oversight Board

Acid Test Ratio

Cash, current investments, and accounts receivable divided by current liabilities; measures the availability of liquid current assets to pay current liabilities

Schein's Model of Organizational Culture

Culture is rooted with the CEO and developed over time. Broken down into 3 Levels or Layers: Level 1: Artifacts and Creations Level 2: Values and Beliefs Level 3: Basic (Underlying) Assumptions

Specific vs. Diffuse

How much separation? (work/life vs. interchangeable)

equity

Residual interest in the assets of an entity that remains after deducting its liabilities. In a business enterprise, the equity is the ownership interest.

Low-contrast relationships

Short term and require more rules and structure. Ex: cafeteria line or navigating a large, international airport. More detailed communications, diverse beliefs, less-dependent bonds

Sequential Time vs. Synchronous Time

Task oriented vs. multi-tasking, punctual vs. casual

High-contrast relationships

Tend to last longer and have more defined patterns of behavior or boundaries of entry. Ex: families, religious congregations, on-campus relationships

employment at will doctrine

The doctrine that, in the absence of a specific contract, either an employer or employee could sever the employment relationship at any time.

Cultural Dimensions

The perspectives of a culture based on values and cultural norms

liability

a current obligation as a result of previous actions expected to result in an outflow of resources

KPI (Key Performance Indicator)

a measure of achievement that can be attributed to an individual, team, or department

Least Preferred Coworker (LPC)

a measure that assesses leaders' task or relationship orientation by having them rate their most difficult fellow worker

Solomon four-group design

a method of program evaluation using two treatment groups and two control groups (randomly assigned) - Two groups are pretested, then one pretest and one non-pretested group receive training before all four groups are observed and post-tested

Transactional change

a slow evolution toward new processes, products, or structure

Balance Sheet

a statement of the assets, liabilities, and capital of a business or other organization at a particular point in time, detailing the balance of income and expenditure over the preceding period. Assets - Liabilities = Equity

business analysis methodology

a vehicle for introducing change into an organization, the product of which is often a series of proposed solutions that align stakeholder needs and business capabilities

National Labor Relations Board - who/what

an independent agency of the United States government charged with mediating disputes between management and labor unions

Profitability Ratios

analyze a business's ability to generate earnings in comparison to expense costs.

asset

any resource possessed by the company as a result of previous actions and from which future gains are expected

Dalton's Theory of Lasting Change

argues that change will not occur without a feeling of loss or pain to motivate it, and that people will continue old patterns of behavior unless they feel a need for change. 4 focus areas to support change efforts: generalized goals ->specific objectives, former social ties -> new relationships, self-doubt->heightened self-esteem, external motives for change ->internal motive for change

Leverage or Capital Structure Ratios

assess how business uses debt to finance operations

balance sheet approach

calculates compensation based on home country rates, with all allowances, deductions, and reimbursements before converting into the host country's currency

functional conflict

conflict that benefits the main purposes of the organization and serves its interests - cultivates creativity

Types of waste (Lean Six Sigma)

defects, overproduction, waiting, nonutilized talent, transportation, inventory, motion, and extra processing

path-goal leadership model

details four distinctive leadership styles to be determined by the characteristics of situation and the follower - directive, supportive, achievement-oriented, and participative

Achievement vs. Ascription

do we need to prove status/title? (equality vs. awarded power)

National Labor Relations Board - does

enforces procedures whereby employees may vote to have a union and for collective bargaining

regression analysis

estimates or predicts the unknown values of one variable (dependent variable, Y) from the known or fixed value of another variable (independent, X).

Vroom and Yetton's decision-making model

identifies three decision-making leadership styles: autocratic decision making, constative decision making, and group-decision making

Targets of Organizational Change

individual personality, dyads, groups, work teams, all organizational divisions, organizational structure, and organizational strategy

discovery phase

the first step of the consultation process after winning new clients. During, the consultant should begin by getting all data and acquiring information through an audit process, learning, and reviewing the facts - will hear business and user requirements

Michael Porter's Five Forces Model (definition)

the most frequently used model for assessing the nature of industry competition - suggests that industry profit potential is a function of the interactions among the five forces

Transformational change

the most radical upheaval and paradigm change to organizational structure that works best when planned in advance and is implemented gradually and systematically

Halsey Premium Plan

production standards determined by past performance; a guaranteed hourly wage plus a percentage of the wage for any time saved

Equal Employment Opportunity Commission (EEOC)

created to enforce Title V11 and the ADA holds jurisdiction over charges under those titles and has the power to authorize or bring suit in federal court on behalf of an employee may help an aggrieved party prosecute or issue a right to sue notice, giving permission for the person to pursue the case independently primary responsibility of EEOC is to prevent discrimination based on race, color, religion, sex, origin, disability, or age employers are obligated to furnish any info the EEOC requests, including annual reporting for employers with 50 or more employees 5 steps the EEOC follows when handling discrimination cases: 1. a charge is filed - within 180 days - extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis 2. an attempt at a no-fault settlement 3. an EEOC investigation 4. an attempt to resolve through conciliation 5. a recommendation for or against litigation drastic remedies may be decreed upon an employer found guilty of discrimination, not limited to reinstatement of employee, back pay, elimination of testing, hiring quotas, and new training programs

A compensation philosophy is influenced by many factors. What factor should have the LEAST amount of impact when defining an organization's compensation philosophy?

current employee expectations should not be a driving factor when defining an organization's compensation philosophy. Although it is important to pay a fair and equitable amount for the work being performed, employee expectations are often higher than the wage commensurate with the work performed

Title VII of the Civil Rights Act

prohibits discrimination in employment based on five criteria: race, color, religion, gender, or national origin **not age**

what criteria is the least important to consider when deciding on training delivery methods and course durations for a new program?

current training delivery methods and course durations should not be an important factor in deciding how to structure the new training program. HR should factor in legal obligations and logistical requirements. in addition, some training content is best delivered in person rather than online, for instance, training that needs discussion or opportunities for learners to ask questions

An advantage of flexible benefit plans is that they

recognize individual employee needs - allows employee to choose different combinations of stable base pay and more risky variable pay

Balanced Scorecard

reflects stakeholder interests and the vision and strategy for success from the financial outlook, customer perspectives, internal business processes, learning, growth, innovation combination of performance measures directed toward the company's long and short term goals and used as the basis for awarding incentive pay **If a scorecard reports that a stakeholder is not satisfied, company must try to realign expectations and correct behaviors**

What are NLRB remedies when a *UNION* engages in ULPs?

refund excessive dues with interest to members engage in the collective bargaining process sign a written agreement with the employer A ULP does not disband a union, only a decertification does. A decertification begins when at least 30% of the workers sign cards or a petition asking the NLRB to conduct a decertification election. Unless a majority of the votes cast in the election are in favor of union representation, the union will be decertified

Federal Insurance Contribution Act (FICA) or Social Security

regulated by the IRS, cover 4 types of insurance benefits: Old age or disability benefits Benefits for dependents of retired, disabled, deceased Lump-sum death benefits Medicare - 65+

Labor-Management Reporting and Disclosure Act aka Landum-Griffin Act

regulates the internal conduct of labor unions to reduce the likelihood of fraud and improper actions - placed controls on union operations imposes controls on 5 major areas: reports to the secretary of labor, a bill of rights for union members, union memberships, union trusteeships, conduct of union elections, and financial safeguards

employee self-service model

related to HR systems, allows employees to create a login and review and edit their personal info give access to pay statements ease the burden of payroll pros

a totality of agreement

represents the full and entire agreement between both parties who waive the right to demand bargaining on any matter not dealt with in the contract, regardless of whether that matter was contemplated when the contract was negotiated or signed. Also called a zipper clause

a participative leadership type/style is ideal when

decisions do not need to be made rapidly, and in which the input of others will lead to better results

What is the most important action to take before initiating recruitment efforts to fill an open position?

define the skills needed for the position the most important first step before beginning a recruitment process is defining the needed skills and incumbent should have to be successful in the role. Once this list is established, that will help define compensation, optimal advertising sources, and qualified candidates

social cohesion

defines the sense of belonging held by members of the group

what is an important aspect of a Total Rewards Program

differentiating jobs it is imperative to differentiate jobs so as to reward people in roles that make valuable contributions

treating or hiring applicants or employees differently because of their membership in a protected class or sex is known as

disparate treatment - Title VII prohibits this

gainsharing plans

employees receive bonuses based upon increased productivity rather than profits

third-country nationals

employees working for an international firm but who are citizens of neither the home country nor host country usually technical or professional employees hired for short-term assignments and branded as international freelance employees will return to their country of origin after the assignment

Excelsior Rule

employer/company must file an election eligibility list with names and addresses of all employees/eligible voters within 7 days of the regional director's approval of a consent election

what statement is true about COBRA?

employers may charge up to 102% (100%, plus a 2% administrative fee) of the original insurance premium to COBRA participants to help cover administrative fees

The TIPS acronym states that

employers may not threaten, interrogate promise or spy on employees. TIPS are ULPs

wage garnishment order

employers must immediately begin income withholding upon receipt, funds must be sent to respective agency within 7 days - hefty fines and penalties otherwise - protections against discrimination

what class of employers are exempt from keeping OSHA records of employee occupational injury and illness?

employers with 10 or fewer employees, and low hazard industries

independent contractors do not

enjoy the same benefits as regular employees such as pension plans

Best method of Performance Appraisal

ensures that group results form a bell curve, with low performers, average performers, and high performers being evenly distributed

which are exceptions to the definition of discrimination in the workplace?

essential job functions and BFOQs, merit systems, piece-rate systems

Sherman Antitrust Act (1890)

established to oppose oppressive business practices associated with monopolies or cartels and made it illegal to form a contract or trust that interfered with free trade

an OSHA compliance safety and health officer must do which of the following when visiting a company for an inspection?

explain why the organization has been targeted for inspection OSHA officer: present credentials, explain why, what inspection will involve. employer is expected to provide a rep to participate in the inspection OSHA must issue a citation and proposed penalty (if any) within 6 months of the violation not during the inspection

an employer can contest an OSHA citation for violations by...

filing a notice of contest. Should be filed within 15 days

global firms

final stage of globalization have main strategic corporate units in multiple countries that all interact with headquarters and with each other each country could have its own complete operation, or each function of the org may be located in separate countries products and resources transferred across borders to meet org demands strive to implement HR pol and pros that meet global needs with limited adaptations for each cultural location

direct costs are those

for activities or services that benefit specific projects, e.g. salaries for project staff and materials required for a particular project **includes costs for operating departments, operating a unit, for service** - does not include costs of operating a program

EEOC Limits on the amount of compensatory and punitive damages a person can recover, depending on the size of the employer

for employers with 15-100 employees, the limit is 50K for employers with 101-200 employees, the limit is 100K for employers with 201-500 employees, the limit is 200K for employers with >500 employees, the limit is 300K

Employee requisitions

formal requests that come from line managers that are approved by authorizations to fill positions - should specify job job description and specification (skills)

Affirmative Action Plans

require employers to implement timelines that correlate with measurable goals to prevent discrimination and enforce Executive Order 11246, commonly known as Order Number 4 Order Number 4: prohibits employment discrimination by federal contractors and subcontractors whose contracts exceed $10,000 per year or first-tier subcontractors whose contracts exceed 50,000 and have 50 or more employees - also established the Office of Federal Contract Compliance Programs (OFCCP) to monitor AAPs OFCCP uses tools and analysis to investigate possible discrimination - coverage extended in 2013 to cover individuals with disabilities - statue of limitations to file a complaint is 180 days Executive Order 11478 extended the same anti-discrimination provisions to employees of the federal gov

Davis Bacon Act

requires contractors and subcontractors working on federal government *construction* projects to pay "prevailing wages (minimum wage in the geographic area) " to their employees

bottom-up budgeting

requires department supervisors to forecast departmental expenses and payroll costs for the coming period

Preventing and Addressing Illegal Behaviors

fraud involves at least 1 of 3 main forces: situational pressure, opportunity to commit fraud, personal integrity when employee accused of stealing, companies must decide to investigate or prosecute - most cases are investigated, some result in termination, some in prosecution anti-fraud programs - increase early detection and decrease opportunities - contain elements: reporting, oversight, prudence, communication, compliance, enforcement, prevention, advocating personal integrity companies prone to theft and dishonest behavior like retail have loss prevention departments dedicated to protecting assets and cash while minimizing and detecting inventory shrinkage

organizations can set up departments based on:

functional, product-based, geographic, divisional, and matrix structures. structural departments are not a thing

Labor-Management Reporting and Disclosure Act

gave employees the right to sue the union

what guidance would you give to supervisors/managers for managing teams from different backgrounds?

get to know each team member and their background to build trust and establish the relationship first direct confrontations and group meetings where people are expected to share updates can be uncomfortable for some cultures. supervisors and managers should focus their time and energy establishing trust with each individual on their team

Uniformed Services Employment and Reemployment Rights Act (USERRA)

gives employees actively enrolled in the military certain benefits and time away rights forbids employers from denying employment, re-employment, retention, promotion or benefits due to service in the uniformed services **employees absent in services for less than 31 days must report to the employer within 8 hours after arriving safely home** **those who are absent between 31 and 180 days must submit an application for re-employment within 14 days** **those who are absent 181 days or more have 90 days to submit an application for re-employment** employees are entitled to the positions that they would have held if they had remained continuously employed. if they are no longer qualified or able to perform the job requirements because of a service-related disability, they are to be provided with a position of equal seniority, status, and pay escalator principle: further entitles returning employees to all the seniority- based benefits they had when their service began, plus any additional benefits they would have accrued with reasonable certainty if they had remained continuously employed likewise, employees cannot be required to use accrued vacation or paid time off during absences USERRA requires all health-care plans to provide COBRA coverage for up to 18 months of absence and entitles employees to restoration of coverage upon return pension plans must remain undisturbed by absences as well **Those separated from the service for less than honorable circumstances are not protected by USERRA**

Combining Functional and Product Departmentalization

good for organizations facing uncertain environments, constantly changing products, strong focus on customer experience Dual, 2-dimensional org structure divides focus to gain simultaneous advantages Employees/depts report to both functional and product managers - One manager might be more administrative/core function, other more product/service Matrix organizational structure support functional and divisional partnership, focus on work and minimizing costs Technical expertise paired with marketplace responsiveness Reporting relationships may cause confusion , resulting in stress and lower performance levels **Both types of leaders must cooperate to determine priorities and standards**

Landum-Griffin Act Key Provisions

granting equal rights to every union member with regard to nominations, attending meetings, and voting requiring unions to submit and make available to the public a copy of its constitution, bylaws, and annual financial reports requiring unions to hold regular elections every five years for national and every 3 years for local monitoring the management and investment of union funds, making embezzlement a federal crime

OSHA definition of stress that affects employees in the workplace

harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities, resources, or needs of the worker

Small Business Job Protect Act

helped simply ADP (actual deferred percentage) tests for 401K plans and redefined highly compensated employees for small enterprises

as an HR leader in an organization reporting to the CEO (who leads fear-based with minimal contributions from employees), how would you propose fixing this leadership challenge?

hire a third-party consultant to conduct a leadership assessment with the entire executive team, including the CEO it's best to hire a neutral third-party expert to come in and make an unbiased assessment. The CEO is more likely to be receptive to feedback from a professional who has made a thorough analysis of the organization's leadership

4 Methods for calculating global compensation adjustments for international assignments

home-country-based approach: based on the employee's standard of living in his/her home country host-country-based approach: based upon local national rates headquarters-based approach: based upon the home country of the organization balance sheet approach: calculates comp based on home country rates, with all allowances, deductions and reimbursements before converting into the host country's currency

Single most expensive item in expatriate remuneration packages

housing allowances - due to exchange rate fluctuations, inflation - must be reviewed frequently

the expectancy theory of motivation explains that an individual's choice is driven by:

how desirable the outcome is the expectancy theory of motivation hypothesizes that individuals make the choices that they do based on the likelihood and importance of the outcome

a union insists on a hot cargo clause to the employer during the collective bargaining session. This is an example of

illegal bargaining. this is a clause prohibiting an employer from conducting business with some other person with whom the union has or may have a dispute. illegal under NLRA Section 8e, also the Landum Griffith Act banned almost all hot cargo agreements

Three Primary Groups of Bargaining Issues

illegal items, mandatory items, voluntary items

profit sharing plan

incentive plan for distributing bonuses to employees when company profits rise above a certain level via cash, or tax-advantageous deferred plans, where funds are invested

repatriate

individuals returning to their home country from an assignment in another country may avoid losing employees if repatriation plans are discussed prior to the assignment beginning, and open interchangeable communication is maintained throughout assignment

Human Capital Management (HCM) systems

integrate features that might include document management, ways to provide policies or benefits summaries access, budgeting and forecasting, applicant tracking, succession planning, engagement, and retention tools

Credible coverage (under HIPAA)

involves being covered under typical group health plans, and this coverage must be renewable to most groups and individuals as long as premiums are paid

Employee Stock Purchase Plans are not..

legally required (statutory) deductions

Turnover Formula (DOL)

(Number of employees who left during a given time period x 100) / Average number of employees during the given time period

Number of businesses with smoking policies

**Previously less than 10%, now about 90%** Most common reasons for policies: complaints from non-smokers, laws, health of employees **No federal law that protects smokers, but policies must be equal**

The Clayton Act

limited the use of injunctions to break strikes and exempted unions from the Sherman Antitrust Act

a performance program that clearly indicates to employees that performance impacts rewards is called a

line of sight compensation plan - employees can clearly see that their performance impacts their pay

replacement chart

lists the critical job roles in a company, the employees currently positioned in these roles, their competencies, the current vacancies and potential replacement for the vacancies. Employees are categorized into 'Ready for promotion, develop for future promotion, satisfactory in current position, or replace'

what is not an example of alternative dispute resolution?

litigation what are? arbitration, mediation, constructive confrontation

Training vs Education

-Training-organized method of ensuring that people have knowledge and skills for a specific purpose and that they have acquired the necessary knowledge to perform the duties of the job - narrow acquisition, particular skill -May require increased motor and cognitive skills. -Education-More formal and broader in scope than training, general knowledge can be applied to variety of settings -Develops individuals in a broader sense -Managers/leaders may be asked to teach classes -Managers are not solely responsible for the employee's formal education

Levels of Labor Unions

local unions national or international unions federation of unions

6 Methods to reduce inequality

1. Altering inputs, such as time effort, hard work, loyalty, commitment, and trust 2. Altering outcomes, such as salary, benefits, recognition, and achievement 3. Cognitively manipulating inputs or outcomes by rationalizing or self-justification 4. Distorting the inputs or outcomes of others 5. Changing objects of comparison 6. Leaving the field

Performance Criteria for Appraisals

1. Attract and retain people in the organization for ideal efficiency 2. Dependable task execution, often involving quotas or quality requirements 3. Organizational behaviors, such as cooperation, protection, innovation, motivation, and attitude

How to Join Two Companies

1. Develop a workforce integration project plan 2. Conduct an HR due diligence review 3. Compare benefits programs 4. Compare the compensation structures 5. Develop a compensation and benefits strategy for integrating the workforce. Any reduction in pay or benefits must be explained and justified relative to the strategy or economic conditions. Best to minimize changes and act quickly 6. Determine leadership assignments 7. Eliminate redundant functions. Best people should be retained, remainder should be laid off, obvi following all acts and laws (WARN, etc)

5 Unfair Labor Practices Identified by Section 8 of the NLRA

1. Employers shall not interfere or coerce employees from the right outlined in Section 7 2. Employers shall not dominate or disrupt the formation of a labor union 3. Employers shall not allow union membership or activity to influence hiring, firing, promotion, or other related employment decisions 4. Employers shall not discriminate against or discharge an employee who has given testimony of field a charge with the NLRA 5. Employers cannot refuse bargaining in good faith with employee representatives

Performance Evaluations (5 Organizational Functions)

1. Guide human resource decisions - performance data are required for supporting and justifying promotion or termination decisions 2. Reward and motivate employees- pay rate, status, and recognition on performance data, intrinsically benefiting top performers 3. Promote personal development - feedback to individuals to help them identify strengths and improve weaknesses 4. Identify training needs - well-designed appraisals that assist with setting minimum performance levels, establishing necessary skills and abilities, and identify individuals, areas, or departments that could benefit from additional training 5.Integrate human resource functions - evaluations that provide the foundation for integrating activities and aligning with the organization

Behaviorally Based Appraisal Methods

1. Management by objectives 2. Behavioral anchored rating scale 3. Behavioral observation scale

Employers can legally require applicants to pass a drug test or adopt programs that test active employees as long as they're not discriminatory. Programs must follow elements established by Wilkinson vs Times Mirror Corp:

1. Samples are collected at a medical facility by persons unrelated to the employer 2. Applicants are unobserved by others when they furnish samples 3. Results are kept confidential 4. Employers are notified only if the applicant was passed or failed by a medical lab 5. Applicants are notified of the person they failed by the medical lab-some instances will provide applicants an opportunity to present medical documentation prior the employer receiving results 6. There is a defined method for applicants to question or challenge test results 7. Applicants must be eligible to reapply after a reasonable time

Average fee charged by employment agencies

10-25% of the employee's annual salary

U.S. Employment Law and Regulations (Notes)

13th and 14th Amendments address equal protection in employment rights by state and local govs for all citizens Civil Rights Acts of 1866 and 1870 also outline major prohibitions against racial discrimination in hiring, placement, and continuation of employment contracts by private employers, unions, and employment agencies National Labor Relations Act of 1935 indirectly prohibits racial discrimination in labor unions by requiring fair representation for all. **New York was the first state to pass additional regulations to eliminate discrimination in state employment due to race, creed, color, religion, sex, or national origin with Fair Employment Practice Act of 1945, which came well before Title V11 of the Civil Rights Act of 1964 prohibited the same types of discrimination to all employers with 15 or more employees** Title V11 was amended by the Equal Employment Opportunity Act of 1972 which strengthened the enforcement and expanded coverage so one person could file suit on behalf of many affected individuals for equal damages. Act was last revised in 1991 to more clearly define which actions are discriminatory and outline prosecution procedures for jury trials and monetary damages

Under COBRA, participants may be required to pay 100% of monthly premiums as well as an administration fee not to exceed....

2%.

The FLSA defines a maximum workweek for nonexempt employees as..

40 hours per week. Overtime payment begins for hours that exceed 40 hours **not for work done on holidays**

defined contribution benefit plan

401K, 403b, SEP, SIMPLE,IRAs - requires separate accounts for each employee participant, most often contributed by employee and employer

OSHA forms 300, 300A, and 301 must be retained for...

5 years following the end of the calendar year they cover

Focus Group - Details

5-12 voluntary participants with 3-10 groups in total - informed of subject, who will benefit, **info will be kept confidential** - power differentials should be avoided, but various levels of the staff should be included - fully represent the population - Neutral facilitator to lead - ask open-ended, guided questions

Child support (and alimony) garnishments can be up to__% of disposable earnings if the employee is supporting a spouse or a child

50% of disposable earnings if the employee is supporting a spouse or a child. If the employee is not supporting a spouse or child, up to 60% can be garnished. an additional 5% may be garnished for support payments more than 12 weeks in arrears. Disposable earnings are earnings after legally mandated deductions have been made (Social and Medicare). other debts can be garnished up to 25% of disposable earnings.

Under FUTA, the maximum FUTA tax rate is ____

6.0% of each worker's first 7000 earned in a year even though in practice the FUTA tax rate is usually 0.6% when companies pay the State Unemployment Insurance in full and on time

How long is the COBRA election period?

60 days employees or former employees who are eligible for COBRA must be offered 60 days to elect COBRA continuation coverage

The LMRA grants the President the right to obtain an injunction to end a strike for a ___ day cooling off period?

80. The LMRA allows for an 80 day suspension of a strike which, after investigation, the Prez has found to be creating a national emergency. The injunction does not last for more than 80 days, during which it is expected that the parties will negotiate a settlement of the strike. The strike may legally resume after this 80 day cooling period

Foreign Corrupt Practices Act

makes it illegal for US firms and their representatives to engage in corrupt practices overseas prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business

With relation to severance, a revocation period is:

A Revocation Period means that, no matter what, for ___ days after the employee signs the agreement, he/she has the right to revoke his/her signature.

Annualized Loss Expectancy (ALE)

A calculation that is used to identify risks and calculate the expected loss each year. multiple the single loss occurence by the annualized rate of occurence potential loss amounts are used to consider if implementing a security measure is necessary when a loss is identified, companies can: accept the risk, diminish the risk, transfer the risk

conspiracy doctrine

A claim by employers that employees are conspiring against them in restraint of trade (for instance by striking for higher wages) court findings rule that labor unions may be found guilty if objectives or methods are illegal, but collective strikes or bargaining to raise wages is not illegal

Coordination of Benefits (COB)

A clause in an insurance policy that explains how the policy will pay if more than one insurance policy applies to the claim. eliminates the duplication of payments when health care coverage is under 2 or more plans - avoids overpayment by either plan

Golden Life Jacket (Stay Bonus)

A compensation package paid to executives to retain them in their current role when the company has been acquired by another company. Can be large bonuses or stock options.

disaster recovery plan

A detailed process for recovering information or an IT system in the event of a catastrophic disaster such as a fire or flood

golden handcuffs

A form of executive compensation where compensation is deferred (either a restricted stock plan or bonus income deferred in a series of annual installments) to hold employees and increase retention

Union Deauthorization

A formal process to remove a unions security clause. The NLRB specifies rules for Deauthorization and decertification (which means to end union representation) elections. One rule is the Deauthorization petition must be signed by 30% of the members of the bargaining unit. Anything less and the NLRB must deny the petition

Rucker Plan

A gain-sharing plan similar to the Scanlon plan but that expresses labour costs as a percentage of value added. Sales value of output minus cost of materials -*Employee gains based on production*

Physician-Hospital Organization (PHO)

A health care plan in which physicians join with hospitals to provide a medical care delivery system and then contract for insurance with a commercial carrier or an HMO a legal entity generally formed by physicians with the intention of negotiating contracts with employer organizations to provide services makes contract arrangement directly with an employer

salting

A labor union tactic where someone gets a job at a specific workplace with the intent of organizing a union. It is a legal strategy used by unions.

Theory X and Theory Y

A motivation theory that suggests that management attitudes toward workers fall into two opposing categories based on management assumptions about worker capabilities and values. Theory X: managers believe that workers are naturally unmotivated and dislike working Theory Y: assume that workers are happy to work, self-motivated, creative

The "Ban the Box" Movement

A movement to remove the box from employment applications that says, "check this box if you've ever been charged with a crime." Ban the box legislation still allows employers to ask applicants this question or do a background check on applicants before hiring them, but by removing the box, employers have to meet face-to-face with applicants before disqualifying them. As of 2016, 24 states have enacted "ban the box" legislation. In most states exceptions to this law have been made to allow employers hiring for sensitive positions, such as working with children, to ask about an applicant's criminal history on the employment application.

Straight Ranking

A performance-evaluation method in which a superior lists the subordinates (or all employees) in order, from best to worst, usually on the basis of overall performance. 1 is best, 2 is second best, etc

Nonqualified Plan

A plan that does not meet the requirements of IRC 401(a) and ERISA and do not qualify for favorable tax treatment. examples: rabbi trusts, excess deferral plans, split dollar-life insurance **target benefit plans are qualified**

Constructive Discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave. ex demotion, reassignment to menial/degrading work, etc

scatter diagram (scatterplot)

A visual method used to display a relationship between two interval-ratio variables. (between two variables) - lets you see the patterns in data and confirm or negate assumptions

grievance

A work-related complaint or formal dispute that is brought to the attention of management. - in non-union, it can encompass any discontent or sense of injustice

assessment center

management candidates participate in activities for a few days while being assessed by evaluators a wide variety of specific selection programs that use multiple selection methods to rate applicants or job incumbents on their management potential a method for assessing aptitude and performance which is applied to a group of participants by trained assessors using various aptitude diagnostic processes in order to obtain information about applicants' abilities or development potential assesses a candidate's suitability for a job through various tasks and activities that allow an employer to test skills that aren't necessarily accessible in a traditional interview

The FLSA states that willful violations

may be prosecuted criminally and the violator fined up to $10,000. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to 1100 for each violation

Tactical Accountability Metric

measure HR effectiveness and how well programs for workforce management issues, productivity and other HR activities are working Training cost per employee, Grievance Rates, Cost per hire ROI is a business impact measure which measures how HR programs add value to the bottom-line

Single Loss Expectancy (SLE)

measured when a value is placed on each asset and the percentage of loss is determined for each acknowledged threat

the process by which a neutral third party assists negotiations (in a non-binding process) in their discussions and also suggests settlement proposals

mediation - no power to impose a resolution arbitration - similar to the court process as parties provide testimonies, give evidence similar to a trial

Hot cargo clauses

Agreement that union members are not required to handle goods made by nonunion labor or a struck plant; generally illegal. - made illegal by Taft-Hartley

AFL-CIO

American Federation of Labor and Congress of Industrial Organizations - joined to form the AFL-CIO, large and powerful, represents millions of workers

Prior Petition Bar

An NLRB election is barred because a prior election petition was withdrawn by the requesting party within the past six months.

consent decree

An agreement or settlement to resolve a dispute between two parties without admission of guilt or liability.

Portal-to-Portal Act of 1947

An amendment to FLSA that defines compensable work time (used to calculate overtime.)

consent election

An election where the employer and the union agree to waive the pre-election hearing. They are generally held when there is no dispute between the employer and the unions involved in a union representation case.

Which is an expense that an FSA may NOT be used to pay for?

An electric toothbrush. You may pay for: Acupuncture child care costs COBRA insurance premiums

Cliff vesting

An employee becomes fully vested in a retirement plan after a specified period of time rather than becoming partially vested in increasing amounts over an extended period (graded vesting)

seamless organization

An organization in which the traditional hierarchy doesn't exist, it's a horizontal organization connected by networks instead of separated by the boundaries that characterize other organization structures. This enhances communication and creativity.

Professional Employer Organization (PEO)

An organization that processes payroll and also provides human resource management services such as employee benefit design and administration.

According to Drug Free Workplace Act of 1988

Any federal contractor with contracts of $100,000 or more must adhere to a set of mandates to show they maintain a drug-free work environment inc. written policy, tsandards of enforcement, drug awareness trainings **applies specifically to federal contractors** Drug testing is not required, but intended that employers have screening in place

Amount of expats that leave employers upon return

Approx. 30%, citing external competitiveness or saying an appropriate job is not available for them

A.D.D.I.E. Model of Training

Assessment - Gather data and identify discrepancies, problems, needs betw. current capacities and desired performance. Design - Determine learning goals & objectives, decide course content/exercises, plan delivery methods Development - Create/purchase training materials, modify them to meet objectives. Implementation - Deliver training to target audience, observe changes Evaluation - Compare training program results of knowledge and behavior to course objectives.

local unions

members of a union in a particular factory, company, or geographic area have lots of direct contact with members, members rely heavily on union for economic support, social interaction, political power *business representative and union steward are the most important positions* business rep - performs a critical role in contract negotiations, grievance proceedings, managing union headquarters union steward - represents member interests and relations with a company

descriptive statistics

most common numerical descriptive statistic is the mean or average

Employment Retirement Income Security Act (ERISA) cont.

most employees who have at least 1000 hours of work in 12 months for two consecutive years are eligible to participate in private pension plans employees have the right to receive some portion of employer contributions when their employment ends employees must be allowed to transfer their pension funds from one retirement account to another - sufficient funds must be available from the employer to cover future payments employers must appoint an individual to be responsible for seeking ideal portfolio options and administering pension funds - must notify employees of any changes, follow reporting requirements, provide summary plan docs, etc employers are required to complete annual minimum coverage, actual defferal percentage, actual contribution percentage, and top-heavy testing to prevent discrimination in favor of highly compensated employees

The NLRA applies to

most private sector employers, including manufacturers, retailers, and private universities does not apply to federal, local or state gov, employers who employ only agricultural workers, and employers subject to Railway Labor Act (interstate railroads and airlines)

Group interview

multiple candidates

Panel and/or board interviews

multiple interviewers

efficency and effectiveness

must be efficient to be effective efficiency -inputs and outputsd or how well a company creates products or services from materials and energy resources effectiveness - entire cycle of acquiring inputs, transforming them into useful products/services, selling said products/services to market, gaining more inputs *includes efficiency of internal processes and how well the company interacts with its environment to win public acceptance*

National Labor Relations Act aka Wagner Act

named after NY senator Robert Wagner, intended to be an economic stabilizer and establish collective bargaining in industrial relations Section 7 provides employees with the right to form, join or assist labor organizations, as well as the right to engage in concerted activities such as collective bargaining through representatives or other mutual aid

The performance review methods are:

narrative, rating, comparison, and behavioral

**Canadian citizens, unlike Mexican citizens do not**

need a TN visa to work in the US. They only need present proof of Canadian citizenship, a written job offer from the prospective employer, and proof of qualification for the position at the US border. They are generally then admitted as a TN non-immigrant

selection criteria for layoffs/reduction

need to be kept to measurable data such as seniority, merit or skill set, full/part time status, location, job categories, prior disciplinary actions

negative/positive reinforcement, punishment, extinction

neg : encourages an acceptable behavior by taking away something unpleasant pos: encourages the behavior by rewarding it punishment is designed to weaken or eliminate a response rather than increase it

an employer can use what to counter a charge of sex discrimination?

BFOQ and business necessity defenses (hiring a female clerk at Victoria's Secret)

team building efforts/exercises

not likely to be perceived by employees as unnecessary when management is involved and actively encourages such activities HR needs to solicit management's support for the team building program

When an EAP may be categorized as a welfare plan

obligated to file reports with DOL *and* IRS if it provides counseling for subtstance abuse, stress, anxiety, depression, similar mental and physical health problems. **May also be required to comply with and disclose to ERISA**

in addressing a performance problem with an employee, it is desirable, but not essential to:

obtain the employee's signature on the file documents - good to have a receipt of the communication

lockout

occurs when a company refuses to allow employees to work often used as management's counter weapon against a union's strike because replacement workers can still be used not a legal economic weapon if its use is intended to discourage union membership may be used for one of two reasons: 1. to prevent economic hardship created by slowdowns, destructiveness, or uncertainty about a work stoppage 2. when employers in a multi-bargaining unit see a union trying to use successive strikes strategy against members of a multi-employer bargaining unit, often starting with the most profitable

Wage compression

occurs when new employees require higher starting pay than the historical norm, causing narrowing of the pay gap between experienced and new employees

Discipline procedure

often consist of several consequences, including training, correction, evaluation, punishment, and termination objective of disciplinary action is to remedy a problem, with the goal of helping employees achieve success strong disciplinary systems protect the rights of employees and preserve the interests of the organization. important that employees are provided enough time and opportunities to correct their behavior if they desire, but also rigorous enough to discharge previously warned yet unresponsive and problematic employees

what is one challenge you might anticipate older workers encountering when working closely with younger workers on a high-profile project?

older workers expect direct, face to face communication, whereas younger workers are content with communication via email, text, or IM older workers tend to value direct communication and lengthier, personal-type conversations. This can present challenges with a younger generation, who tend to prefer quick, work-related conversations to accomplish the objective. they also tend to be more familiar with modern communication technology like texting or IM

Under the ADEA, waivers

on exits or termination require 45 days to consider the agreement waivers of ADEA rights and claims require that the individual be given a period of at least 21 days within which to consider the agreement BUT if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement

Sympathy strike

one in which the strikers have no direct grievance against their own employer but attempt to support or aid another group of workers on strike

a polygraph can be administered

only if the employee is suspected of significant corporate fraud/damage to employer; i.e. direct embezzlement, industrial espionage, etc

Who do FLSA exemptions apply to?

only to white-collar employees who fall under the salary and duties test that include executive, administrative, professional (learned and creative), computer, outside sales, and highly compensated employees **there is no specified advanced engineer exemption**

bargaining process 4 key stages

opening presentation of demands analyzing demands compromises informal settlement or ratification

what is one major difference between a cost-benefit analysis and a return on investment calculation?

CBA is displayed as a dollar value, whereas ROI is displayed as a % or ratio CBA is calculated by subtracting costs from benefits, and the result is potential profit as a $ value. ROI is costs subtracted from benefits divided by costs, resulting in a ratio or percentage CBA analysis compares the costs of a proposed project to benefits that will be realized

Ishikawa Diagram is aka...

Cause and Effect Diagram, or fishbone. helps identify many possible causes for an effect/problem

Positively Accelerating Learning Curve

Characterized by a slow start in learning that increases 'clicks' as the learner masters different aspects of the process or task. - most common when material is highly complex, indiv. doesn't have the standard background, motivation or confidence is low at first

Negatively Accelerating Learning Curve

Characterized by rapid increases in learning at the beginning that taper off as the learner becomes more familiar with the process or task - **Most common type of learning curve** Example: using a cash register, **Production line** walking, talking, bike

what law allowed for jury trials where the plaintiff seeks compensatory or punitive damages?

Civil Rights Act of 1991- provides that any party in a civil suit in which punitive or compensatory damages are sought may demand a jury trial expanded coverage to include international employees of American businesses unless compliance will violate the laws of the host country.

S-shaped learning curve

Combination of positive and negative learning curves. initial gradual success, rapid comprehension, slowdown to polish the new skill - occurs most frequently when an indiv. is learning a new problem-solving task

An organization's brand and value proposition should:

Communicate the culture, values, and objectives while improving public image Provide an honest picture of the company's environment and include strategies for overcoming uninviting situations Align the employment brand to coincide with the product brand

Labor agreements commonly cover:

Comp and benefits working conditions seniority and job security individual rights and discipline procedures union security contract duration management freedoms

Compa-ratio

Compares employees pay with the midpoint of the salary range. It is used to measure an employees pay relative to the market average pay for her position for salary equity analyses. Salary range midpoint is usually 100%. base salary x 100 / midpoint of salary range

Americans with Disabilities Act (ADA)

Comprehensive legislation that is designed to protect individuals with disabilities against discrimination. - imposes leave shelters for employees who are unable to perform essential job functions or those who need to care for children with disabilities. Some states have implemented their own regulations concerning leaves, such as pregnancy leaves, leaves for victims of domestic violence

neutrality agreement

Contract between a union and an employer under which the employer agrees not to oppose a union's attempt to organize its workforce - agrees not to say or do anything in opposition to the union

United Steelworkers v. Weber (1979)

Court ruling dealing with reverse discrimination charges; upheld that Title VII allows for voluntary, private, race-conscious programs aimed at eliminating racial imbalance in traditionally segregated categories. Supreme Court ruled against a while male trying to gain admittance to a training program designed for affirmative action goals by reserving 50% of the spots for minorities -- issued a broad ruling in support of special programs for achieving affirmative action goals because they are aligned with Congress trying to create civil rights regulations

Employees vs. Independent Contractors

Courts are more likely to favor employee classifications to ensure that employers are not inappropriately avoiding income taxes, social security matches, unemployment/workers' comp, and health-care costs. **Major differentiating factor = IC's work is typically for a defined assignment or project, not ongoing, also the degree of control an employer has over an individual's work processes** Difference between is determined by the entire working relationship.

shared values

organizational culture based on these the principles, traditions, attitudes and beliefs that influence the members of an organization - should be clearly communicated to applicants, employees and shareholders so all parties are in alignment for sustainability and success ideally they support the vision and mission of the org highly competititve industries like sports leagues might value assertiveness and emphasizing outcomes inclusive ones like human services might value fairness, tolerance, respect, team orientation startups and lean environments - innovation, precision, successful experimentation, strong task analysis

which part of training program design is most often overlooked by trainers during the program planning process?

organizations rush into designing, developing, and implementing training for employees without taking time to plan for the evaluation phase of training. If evaluation is not considered at the planning stage, it may be difficult to ascertain achievement of the desired objective

In a midsized technology company with a diverse employee group (India, Russia, Amerca, employees tend to stay within their own cultural groups for socializing and project collab. has created a siloed work environment with minimal communication and inefficent work process. What is a creative way to improve communication?

organize on-site social activities to take place during work hours. encouraging social connections will help with work interactions as well. if they're during work, employees are more likely to attend

Civil Rights Act does not protect sexual preference but

other legal actions at the federal level have come to protect those attracted to or married to the same sex **EEOC ruled that gender identity discrimination can be asserted as claims of sex discrimination** Customer preference is not a defense against appearance discrimination (hijab, dreads, etc)

Privacy Protection Study Commission

outlines three main policy goals: 1. minimize intrusiveness 2. maximize fairness 3. create legitimate expectations of confidentiality advocates 5 basic employee rights regarding procedures: 1. notice 2. authorization 3. access 4. correction 5. confidentiality

due to a layoff, a CEO has instructed HR to provide **services** to help smooth the transition for exiting employees. These are best described as...

outplacement services outplacement programs: programs developed to assist displaced employees in finding jobs and adjusting to change

Most FLSA exemptions have the salary requirement of $455 per week or $23,660 annually, which exemption does not?

outside sales **effective December 1 2016, salary requirements for an exempt employee: $913 per week, $47,476 annually. Highly Compensated Employees (HCE) total annual compensation requitement now $134,004 annually

as an HR professional, what is the first step in a change initiative?

overcoming resistance - by helping employees understand the need for change, the rationale behind the decisions for change and creating an urgency for change

Exempt employees

paid an annual wage - exempt from overtime - includes administrative or outside sales workers, IT specialists, professionals, executives **NOT an exemption - Engineers**

Immigration Reform and Control Act of 1986 (IRCA)

passed by Congress to reduce the volume of illegal immigrants coming into the US for employment opportunities prohibits any employer from hiring illegal immigrants also prohibits employers with 4 or more employees from discriminating against applicants based upon citizenship or natural origin

Health Insurance Portability and Accountability Act (HIPAA)

passed in 1996 to provide greater protections and portability in health-care coverage passed as some employees felt locked into current employer plans and feared inability to obtain new coverage based on pre-existing conditions protects health insurance coverage for employees when they change/lose jobs and sets standards to protect patient privacy Key HIPAA provisions: pre-existing conditions, exclusions, pregnancy, newborn and adopted children, credible coverage, renewal of coverage, medical savings accounts, tax benefits, and privacy provisions employees who have had another policy for the preceding 12 months cannot be excluded from coverage due to a pre-existing condition or pregnancy or applied to newborn or adopted children who are covered by credible coverage within 30 days of the event introduced a series of several regulations that impose civil and criminal penalties on employers who disclose personal health information without consent

Dodd-Frank Wall Street Reform and Consumer Protection Act

passed in response to the financial crisis of 2008. Established the Consumer Financial Protection Bureau (CFPB) to examine and enforce regulations for banks and credit unions with assets of over 10B and all mortgage-related businesses; it establishes the Financial Stability Oversight Council to identify and take steps to address systematic risks to the nation's financial system; it strengthened the whistleblower program by establishing a mandatory bounty program under which whistleblowers can receive from 10 to 30% of the proceeds from a litigation settlement.

Privacy Protection Act of 1974

passed to protect the privacy of individuals employed by government agencies or by government contractors, and established the Privacy Protection Study Commission - prohibits gov agencies from disclosing individual personnel records but... Freedom of Information Act requires agencies release certain information like what the organization does or how it is organized requests for information that could constitute a disclosure of personal privacy are exempt and remain protected

what is the typical method of measuring employee adherence to performance standards?

performance appraisal performance appraisal is the systematic evaluation of the performance of employees to understand the abilities of a person for further growth and development

what is the best method for ensuring the effectiveness of a training program prior to delivery?

pilot program - the best way to measure the effectiveness of a training program is through the four stages of evaluation: reaction, learning, behavior, and results. The only way to do this is to put a pilot group through training

what training strategy is most likely to improve sales employees' effectiveness?

playing the part of the salesperson who must close the deal in a role-play episode one way to learn how to make sales is to observe someone else going through the process of working with a customer to close a deal.

group formation theories

pluralist theory- formed through division/disturbance in political interests. cover all interests in society and represented in public sphere propinquity or proximity theory (based on geography) exchange or benefit theory (based on rewards) balance theory (based on similar attitudes or interests) activity theory (based on occupational task) transactions theory- not rational to form interest groups, benefits are small, groups only represent elite concerns neopluralism- population ecology theory, new groups based on need in policy area

mental models

Deep-seated beliefs that color perceptions and can affect how individuals see the world around them and react to it

Learning Evaluation

Determines the increase in employee knowledge as a result of the training.

Organizational Structure - addresses two main concerns

Differentiation : how work is divided into specialized jobs Integration - how to coordinate the work that has been divided can be influenced by 5 designs: departmentalization, delegation of authority, span of control, division of labor, coordinating mechanisms

Human process interventions

Directed at developing competencies at the individual level in the organization. Conflict resolution, team building, communication, and leadership. includes emotional intelligence DOES NOT INCLUDE job redesign

Disparate Treatment vs Disparate Impact

Disparate treatment: intentional discrimination, intent is based off of a motive to discriminate, treating someone differently based on race, religion, sex, etc A claim of disparate treatment requires proof of discriminatory motive, such as blatant statements that pose direct evidence of discrimination. may also be exposed through factual differences in treatment, proven by a cohort analysis of the treatment in similar individuals Disparate impact: unintentional discrimination, occurs when a group of people are adversely affected by an employers policies/practices, even if they don't appear to be discriminatory - ie. dress code, physical tests, etc. - does not require proof of motive, remedies do not include punitive damages a seemingly neutral employment practice that does not appear to be discriminatory on face value but discriminatory in its application/effort

Contract Bar Doctrine

Doctrine under which the NLRB will not permit an election in the bargaining unit covered by a contract until the contract expires, up to a maximum of three years.

who introduced the Total Quality Management Theory?

Edwards Deming - TQM states that quality is defined by the customer and production is to be aligned to meet customer needs

_____ can be subject to implied contracts if not properly documented?

Employee handbooks - explains company policies and benefits, disciplinary procedures and if not properly written, may leave room for implied meanings

sit-down strike

Employees report to work but do not work or accomplish anything. - illegal

___ deals directly with discrimination in compensation?

Equal Pay Act amended the FLSA to abolish wage discrimination based on sex

The exemption classifications under the FLSA are:

Executive, Administrative, Professional (Learned & Creative), Computer, and Outside Sales exemptions

Standard bonus levels

Executives/CEOS: sometimes greater than 100% base pay Upper level managers: >50% Lower-level supervisors: 10-35%

Explicit vs Tacit Knowledge

Explicit - formalized, communicated, found in job specifications/manuals Tacit - personal, based upon past experience more difficult to explain

4 Stages of Trade or Working Careers

Exploration - individuals just starting their careers, often between 15-24, still working on programs/courses, may be prone to frequently changing positions while trying to explore interests and abilities against job demands Establishment - indiv. between 25-44 striving to create a more stable position with their chosen occ. to establish work + create a reputation Maintenance - 45-64 concerned with job security and survival Decline - >65 approaching the ends of their careers and entering retirement

Federal Labor Relations Council and the NLRB

FLRC conducts some of the same functions as NLRB but for federal employees council establishes the composition of bargaining units, orders and supervises elections, disqualifies elections due to undemocratic or corrupt actions, and decides charges for ULPs Many guidelines created by the NLRB have been adopted by the FLRC. if a group of federal employees wanted to unionize, they would need a majority to vote in favor of union representation through confidential ballot elections. the union must represent all employees in the bargaining unit but membership cannot be required as a condition of employment.

FMLA Leave to care for a family member/spouse who is a service member with a serious injury sustained while on active duty

FMLA allows for *26* weeks of unpaid leave to care for said family member.

which scenario would not result in a COBRA-qualifying event for an employee?

FMLA protected leave

3 Main Styles of Mediation

Facilitative: focuses on helping parties find a solution through a series of inquiries Evaluative: formal procedure in which mediators are often legal professionals and focused on protecting rights more than the interests of parties Transformative: attempts to resolve conflicts by validating worth and feelings

What group has authority over ULPs for federal employees?

Federal Labor Relations Authority - an independent agency of the US gov that governs labor practices between the federal government and its employees

Pension Protection Act of 2006

Federal law that imposes additional funding and disclosure requirements on employers who have employee pension plans. **provides employees with a 90-day window to opt out of (automatic) plans and recover any funds contributed on their behalf**

reaction-evaluation method

First level of Donald Kirkpatrick's training evaluation model that measures the initial reaction of the participants. It is the least meaningful method of evaluation. helps to understand how well the training was received by your audience. solicits opinions

indirect compensation

Form of compensation commonly referred to as benefits includes legally required benefits such as medicare, Social security, and FMLA

Mental health and the Workplace

Four main challenges: burnout, anxiety, depression, boredom Individuals respond to environmental stressors with three phases: alarm reaction (adrenaline rush in which endocrine system triggers body into fight or flight) ; resistance stage (body tried to regain balance) ; exhaustion phase (body has endured severe weakening and can no longer adapt) coping strategies: eliminate the stressor, often through the avoidance of exposure or additional responsibilities relaxation techniques such as massage, yoga, or breathing exercises, biofeedback: social support, frequently through a network of family, friends, or community membership physical exercise programs that remove tension cause by stress

what practice is most commonly followed in dealing with red-circle situations?

Freeze the employee rate until the salary structure is sufficiently revised

Other types of Visas (besides H1-B)

H-1C: for nurses H-2A: for temporary agricultural workers H-2B: for non-agricultural temporary workers J-1: for exchange visitor such as student, researcher or professor J-2: for the spouse of an exchange visitor F-1: for students allowed to work on campus L-1A: for intra-company managerial transferees L-1B: for intra-company non-managerial transferees O-1: for individuals with extraordinary abilities in science, education, business, athletics or art O-2: for individuals accompanying an O-1 alien to assist in athletic or artistic performance or event P-1: for individual or team athletes TN: for Canadian and Mexican citizens engaging in professional business under the North American Free Trade Agreement (NAFTA)

attribution theory

Identifies ability, effort, task difficulty and luck as the most important factors for achieving success

Common situs picketing

Illegal picketing by union workers due to a grievance against a single employer at a work site shared by other employers. targeted employer's work site is also that of a neutral employer

economic growth and tax relief reconciliation act

Increase contribution limits and allows for catch up contributions for employees 50 years or older.

which of the following will be a motivating factor for an employee at the safety needs level of Abraham Maslow's Hierarchy of Needs?

Job Security

difference between job enrichment and job enlargement

Job enlargement means taking charge of more duties and responsibilities which are not mentioned in the job description. ... Job enrichment gives more control and managerial access to perform tasks and responsibilities. Job enlargement is horizontal, whereas job enrichment is vertical expansion.

Forms required by employer for H1-B Visa

Labor Condition Application: shows that local workers will not be displaced by the employment of a foreign national Petition for a Non-Immigrant Worker: must be filed by the employer and costs non-refundable $1000 plus $110 filing fee

Federal Unemployment Tax Act (FUTA)

Law that requires employers to pay unemployment taxes to the federal government. Employers pay FUTA as payroll tax at 6.2% - majority held at the state level, federal gov also administers programs **applies to all employers who either employ 1 or more employees or pay wages >$1500 in any quarter

HR risks can be classified in the following areas:

Legal and Compliance, Safety and Health, Security, Business continuity, and workplace privacy

which law states that the statute of limitations (period within which legal action can be brought) for pay discrimination lawsuits resets every time an allegedly discriminatory paycheck is issued?

Lilly Ledbetter Fair Pay Act- states than an employee has 180 days to sue from the last discriminatory paycheck received - resets with each new discriminatory paycheck. Prior to the Act, the statute of limitations of 180 days began to run from when the act occurred and expired when 180 days were up. employee can also collect back-pay for the last 2 years

Genetic Information Nondiscrimination Act (GINA)

Makes it illegal to discriminate against employees or applicants on genetic information. also illegal to use said info to deny enrollment in an insured or self-insured health care plan or to change the individual's premiums or contribution rates Prohibits the use of genetic information in making employment decisions It will usually be unlawful for an employer to acquire genetic information unless the information is to be used in certain wellness programs, inadvertently obtained, needed to comply with certification requirements or regulations or when observing biological effects of toxins in the workplace

Occupational Safety and Health Act of 1970

Mandates the provision of safe working conditions free from known/recognized hazards causing harm or death to employees requires employers and employees comply with safety and health standards and regulations workers not protected: self-employed family farms where only family members work, and workplaces covered by other federal statutes or state and local gov **Mental health is not covered by OSHA, but employees could receive worker's comp for physical or mental breakdowns caused by cumulative trauma of a highly stressful occupation**

Voluntary Resolution Practices by EEOC are:

Mediation and Settlement. EEOC notifies the employer of the charge within 10 days of the complaint being filed. They will notify both parties if they are eligible for mediation and settlement.

Shared services HR model

Merging and streamlining of business ops/functions (IT, Finance, HR) used by multiple units of the same org. Helps business units retain more control, identifies ways to work more efficiently, improving service quality and credibility. HR structural alternative in which centers with specific areas of expertise develop HR policies in those areas; each unit can then select what it needs from a menu of these services.

3 Types of Learning + Suitable Training Methods

Motor responses - physical acts that involve muscle groups - training that involves exploration, demonstration, activity practice, and corrective guidance works best Rote learning - memorization - training that involves familiarity, patterns, or associations, repetition, timely feedback Idea learning - operant conditioning/learning complex ideas, training that involves sequential concepts with practice/exhibition, progressive mastery, reinforcement at each step

coordinated bargaining

Multiple unions negotiating with one employer

The ADA states that individuals covered by the act

Must be able to perform the essential job functions

is a Compliance Safety and Health Officer (CSHO) required to give notice before an OSHA Inspection?

NO

What is not protected by copyright?

Names Slogans Short phrases Ideas Government works (federal / state) Facts what is? works by children under 18, pantomimes, musical works

highly centralized organization

Narrow, decision-making and decisions involving the utilization of all resources are made at top exec levels

which organization should employers contact for information about substances used in work processes to determine whether or not they are toxic?

National Institute for Occupational Health and Safety

6 Most Recognized US Holidays

New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day

Top hat plan

Non-qualified deferred compensation plan that provides retirement benefits to select group of management or highly compensated employees.

4 Key Elements (Levels) of Culture

Norms, artifacts, values, and core assumptions

Which organization enforces the SOX provision of protection for employees who report illegal activities for their employers (whistle-blowers)?

OSHA

under OSHA standards, the following procedure is required of each employee in a lockout/tagout program

OSHA requires lockout/tagout procedures that are designed to make sure that equipment is turned off and safe to be around while performing repairs and maintenance. Licensing is not required but formal training is. Inspections are also required, need to be conducted at least annually

Straight Line Operations

Occurs when two businesses perform complementary operations

3 types of training needs analyses

Organizational, task, and individual. NOT Operations

Management by Objectives

proactive rather than reactive - focuses on predicting and shaping the future of the company, accomplishing results rather than simply following directions, improving competence and effectiveness, increases participation and engagement

Differential pay

Pay that is based on when the employee works (e.g., overtime pay, shift-pay differential) or where the employee works. also weekends, holidays, unpleasant tasks, emergency services, night shift, etc

blended learning

Planned approach to learning that includes a combination of instructor-led training, self-directed study, and/or on-the-job training. classroom with online learning, in which students can in par, control the time, pace, and place of their learning,

The classification method of job evaluation has two methods:

Point Factor and Hay System The Hay System evaluates jobs based on the job content, it has three main factors: Know-How, Problem-Solving, and Accountability

knowledge of predictor

Positive expectation and subsequent differentiatial treatment by managers and coworkers based on knowledge of valid performance indicators. based on prior knowledge or on awareness of performance indicators such as an assessment test

360-degree appraisal

Process of using multiple sources of appraisal to gain a comprehensive perspective on one's performance - broad perspective

The 6 Core Principles of the SHRM Code of Ethical and Professional Standards in HRM are

Professional Responsibility Professional Development Ethical Leadership Fairness and Justice Conflicts of Interest Use of Information

Employee Assistance Program (EAP)

Program to help employees and their families personal problems, i.e. substance abuse, marriage counseling, etc

Vocational (Rehabilitation Act of 1973)

Prohibits discrimination on the basis of physical or metal disabilities and requires that employees be informed about affirmative action plans. requires federal information technology to be accessible to people with disabilities applies to*** federal*** gov contractors and subcontractor holding contracts or subcontracts of $10,000 or more contractors and subcon with greater than $50,000 in contracts and more than 50 employees must develop written AAPs that address hiring and promoting persons with disabilities

Norris-LaGuardia Act

Protects the right of workers to join a union, strike, picket or boycott; prohibits yellow-dog contracts which is any agreement instigated by the employer which prevents the employee from joining a union

Quality Assurance / Total Quality Management Programs

QA can be tracked and measured utilizing total quality management to reduce errors and improve service TQMP Steps: 1. performance planning - identify goals and desired behaviors 2. customer-centric products and services - settling and communicating performance standard 3. statistical control methods for measuring results and providing feedback 4. implementing performance improvement strategies 5. evaluating results and benchmarking

behavioral interview questions

Questions about a candidate's past experiences to understand how they have previously behaved and how they might act in the future based on this situational - similar, but hypothetical rather than past

which protected class can never by a BFOQ?

Race/Color

an organization with fewer than 25 employees who each perform unique functions would most likely develop a job evaluation system using which method?

Ranking Ranking is the best option for a small organization because it is easy; jobs are simply placed in order based on their value to the organization

4 Phases of Training Evaluation

Reaction, Learning, Behavior and Results

an employee with a disability is fired for violating the company's attendance policy to attend physical therapy. If discrimination is found by the courts, what employer action would most likely minimize liability for compensatory and punitive damages?

Rehire the employee and modify the work hours around the regular scheduled therapy sessions

Walsh-Healey Public Contracts Act

Requires government contractors with contracts exceeding $10,000 (for other than construction work) to pay their employees the prevailing wage for the local area

which employee evaluation method is typically thought of as the most valuable for a company?

Results - provides most valuable feedback - seeks to determine the impact of training on business results and the bottomline

Non-Qualified Plans

Retirement plans that do not meet the requirements of ERISA are known as non-qualified plans These plans often discriminate in favor of the highly paid employees and often have no vesting prior to retirement age The contributions paid in by employers are not tax deductible until the employee actually receives the funds involve funds that are withheld and may be invested to be paid out at a later time for tax advantages and potential capital gains payments for deferred compensation plans must be scheduled for a specific future date, funds may not be withheld in advance Carry concerns about company sustainability or what happens in the event of mergers and acquisitions or bankruptcy

Absolute measure of training technique effectiveness

Return on investment

lobbying

Seeking to influence a politician or public official on an issue. Public officials cannot lobby themselves, an external influence lobbies the public official

IRS 20-Factor Test

Set of 20 Factors that the IRS uses to determine whether workers are employees or independent contractors.

Pension Benefit Guaranty Corporation (PBGC)

Set up by ERISA to insure payment of benefits in the event that a private-sector defined benefit pension plan terminates with insufficient funds to pay the benefits. provides a safety net for participants in private-sector defined-benefit plans (not for defined contribution plans) by insuring the participants' benefits under the plan. gives participants in plans covered by the PBGC guaranteed basic benefits in the event that their employer-sponsored defined benefit plans become insolvent

Human Resource Planning Forecasting Periods

Short-range Planning: <1 year, involves projecting workforce staffing requirements Middle range: (2-5 years) involves mix of short and long term forecasting Long range (5-10 years): requires more strategic analysis and environmental scanning **Supreme test of a planning system - whether it provides the right number of qualified employees at the right time**

Employees working under an F-1 student visa are exempt from

Social Security/Medicare Taxes. must pay federal/state tax, and apply to ERISA

Applicant Tracking System (ATS)

Software application that automates organizations' management of the recruiting process (such as accepting application materials, screening applicants, etc.). positive first impression for applicants as it makes the process easier and saves time can also: brand company with career page modify or set up templates save forms for compliance/reporting push employee information to payroll/HRS collect data and metrics for reporting and strategic review

Termination payouts

Some states do not require employers to payout accrued sick time, many consider PTO pools equivalent to vacation during terminations, so employers must pay out any accrued balances

Principles of Learning - critical to training programs

Stimulus - should be easily perceived and meaningfully organized in a local/systematic approach Response - providing students with opportunities for practice and repetition Motivation - reinforcements to facilitate extrinsic rewards, intrinsic satisfaction, active participation Feedback - performance feedback is necessary for learning, change, knowledge of results Transfer - occurs when students can apply the knowledge and skills learned to their jobs

Markov Analysis

probabilistic forecasting - a method of forecasting internal labour supply that involves tracking the pattern of employee movements through various jobs and developing a transitional probability matrix tracks the movement of employees among different job classifications to forecast the movement among departments, operating units, salary levels, or from one category to another

4 steps in workforce planning

Supply model analysis - reviews an organization's current labor supply demand model analysis - estimates future business plans and objectives gap analysis - compares the variances in the supply and demand models to identify skill surpluses and deficiencies solution analysis - focuses on how to tackle gaps in current and future staffing needs through recruiting, training and development, contingent staffing, or outsourcing

criterion-related validity

Test validity that is estimated by correlating subjects' scores on a test with their scores on an independent criterion (another measure) of the trait assessed by the test. assesses whether a test reflects a certain set of abilities, therefore criterion validity is established when the test predicts or correlates the behavior measured by comparing the scores on a selection test to a particular aspect of job performance often divided into concurrent and predictive validity

The federal program that provides aid to workers who lose their jobs or whose hours are reduced as a result of increased imports is called

The Trade Adjustment Assistance Program

Business Continuity

The ability of an organization to maintain its operations and services in the face of a disruptive event. risks: organized disruptions, hacking of business information systems, natural/environmental disasters, etc

Employee Retirement Income Security Act (ERISA)

The act that stipulates federal standards for private pension plans. - 401K 403B 503C IRA and SIMPLE plans must adhere to these stipulations plus IRS limits passed to protect employees covered under private pensions and employee welfare benefit plans reporting requirements: summary plan description, annual reports, and participant benefit rights report ensures that employees receive promised benefits and protected against early termination, mismanaged funds, or fraudulent activities

Expatriate Allowances

The additional income and benefits provided for employees who are transferred to a foreign country. may be as much as 3 or 4 times the executives' base salary.

what seating style is best for a training that will involve a wide range of activities such as lectures, filming, group work and individual presentations?

The chevron-style seating (V shaped) is best for training activities that involve several activities as it is versatile and can accommodate varieties of group activities

Cultural Values

The collective beliefs, ideals, and feelings of the members of the organization

Career Pathing

The development of a sequential and natural progression of career activities that an individual might work toward to attain higher levels in management - some only do this for high-performing employees

The FLSA requires that non-discretionary bonuses *must be included in the regular rate of pay to compute overtime pay* for **referral bonuses however...**

The following conditions need to be made: participation is strictly voluntary recruitment efforts do not involve significant time the activity is limited to after-hours solicitation as part of the employees' social affairs

Financial Accounting Standards Board (FASB)

The primary accounting standard-setting body in the United States. - issues statements about how compensation and benefits should be represented on company financials, must reflect Deferred future payments - Must include future absences (vacay earned but not taken) **but not sick days or company holidays**

Cultural Norms

The range of behaviours that members of a particular social group or society can be expected to show - not always defined or obvious but often inferred by specific situations - Ex: punctuality and professionalism as reflected by group practice

behavior evaluation method

Third level of a training-evaluation model developed by Donald Kirkpatrick that uses a test to measure how well participants learned the information presented in a training. anlayses how training has changed trainees' behavior.

Behavioral and personality assessments

Thousands available- Vendors need to provide documentation that reflects reliability, what the test is designed to measure, what behaviors it intends to predict, where supporting data can be found - for employee development or motivation, can be used to diagnose traits/behaviors, may be easy or diff to change

can an employee be terminated for a child support wage garnishment order?

Title III of the Consumer Credit Protection Act (CCPA) prohibits employers from terminating employees whose wages are garnished for one debt CCPA details wage garnishment provisions to also limit the amount of an employee's earnings that may be garnished in any one week

Cultural noise

Type of measurement bias in which analyst fails to recognize that individual is responding with answers the analyst wants to hear and that analyst's culture/values are determining what he or she hears.

Family and Medical Leave Act (FMLA)

U.S act that mandates that certain employers provide eligible employees with up to 12 weeks of job-protected unpaid leave each year to care for family members or because of a serious health condition of the employee. - has been extended, now covers military caregivers

Fair Credit Reporting Act (FCRA)

U.S act that protects privacy of background information and ensures that information supplied is accurate. - requires that employers notify applicants that they administer background checks, and applicants must also sign a release consenting that the employer may receive their personal information

**HR Professionals cannot conduct salary surveys on their own per ___**

US Department of Justice - Doing so violates the Antitrust Safety Zone guidelines

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

Union organizing

Which is the provision that does NOT typically describe an HSA?

Use it or lose it, funds expire at the end of the plan year HSA funds never expire, and employees who leave the organization do not lose access to the funds

double-breasting

When a common owner operates both union and nonunion businesses.

Employee Stock Ownership Trust (ESOT)

Where stock from ESOP is held, business can make regular contributions, typically up to 25% of annual payroll

Request for Proposal (RFP)

Written request asking vendors to propose solutions and prices that fit a customer's requirements. a solicitation made through a bidding process by a company interested in procurement of a commodity, service or valuable asset, to potential suppliers to submit business proposals

Mentoring

a career development method in which a new or less experienced employee is paired with an experienced leader for guidance **Like coaching, takes place over a specific period of time and needs a customized approach to fit the receiver** programs need to be measurable and integrated into the culture without being seen as a forced, rigid system mentoring carries a history of recognition for having considerable impact with the power to positively transform career trajectory

Scanlon Plan

a gainsharing program popular among unios in which employees receive a bonus if the ratio of labor costs to the sales value of production is below a set standard

what is the most significant morale destroyer that middle managers often face as a function of their role?

a lack of authority from upper management in application of policies according to research, middle managers are among the most unhappy in the workplace, and a primary reason is the lack of authority from upper and having to enforce policies that they may not agree with

golden parachute

a large payment or other financial compensation guaranteed to a company executive should the executive be dismissed as a result of a merger or takeover.

boycott

a practice utilized in labor disputes whereby an organized group of employees refrain from dealing with the employer

prima facie (relating to EEOC)

a prima facie (based on the first impression) violation of the Equal Pay Act occurs when it can be shown that a male and female employee receive unequal compensation for substantially equal jobs within the same establishment

what is organizational due process

a procedure for handling employee complaints under due process, employers are encourage to build basic principles of fairness into their disciplinary procedures, such as an investigation and an opportunity for the employee to provide their side of the story

correlation coefficient

a statistical measure of the extent to which two factors vary together, and thus of how well either factor predicts the other measures the degree to which changes to the value of one variable predict change to the value of another variable

Equity Theory

a theory that states that people will be motivated when they perceive that they are being treated fairly. states that individuals tend to feel satisfied and report fair conditions when they perceive a state of equity

cafeteria plan

an employee benefit program that allocates a certain amount of pre-tax money to each employee that can be spent on **benefits of any kind: dental, medical, dependent, STD, LTD, group term/Acc/ADD** not included as wages for tax purposes - exempt from FICA and FUTA

harassment

any demeaning or degrading comments, jokes, name-calling, actions, graffiti or other belitting conduct that may be found offensive any form of derogatory speech can be considered harassment, including neutral words perceived in a vulgar or intimidating way Civil Rights Act of 1964 protects individausl from harassment on the basis of race, color, religion, sex, or national origin. Damages awarded unter Title V11 can total anywhere from 50-300K, depending upon the size of the employer

a no-solicitation policy to restrict union organizing activities may be used provided that the policy

applies to other outside non-employee organizations as long as other non-employees and outside groups are similarly prevented from solicitation including selling candy bars to raise funds

which guideline is most important in creating recruitment advertisements?

avoid exclusionary requirements that are not job related

multigenerational workplace blurbs

baby boomers began their careers thinking they might only work for a few employers over their work career Gen X - more likely to change employers frequently to gain experience and better salaries Millenial and Gen Z- least amount of loyalty to employers, want to define their own careers and work their own way - Mill - more entrepreneurial, Gen Z anticipated to flood the freelance markets work/life balance and opportunity to make a difference are valued more in younger workforce

The business management tool that focuses on 4 key areas: financial results, customer results, internal business processes and learning & innovation is called

balanced scorecard - ties the outcomes of each department into one measurement system. Tracks information in 4 key ares

ERISA requires that a Summary Plan Document that has had changes..

be distributed and prepared every 5 years. whether changes have occurred or not, a new SPD must be administered every 10 years

what would be the first step for HR helping to open an office in a foreign/new country?

before traveling to the country or collecting sample documents, a PEST analysis should be conducted from an HR standpoint. PEST factors will influence most decisions that need to be made, so thorough research and analysis is critical

Jobs used as reference points when setting up a job classification system and when designing or modifying a pay structure

benchmark job - those with a clear and consistent definition in the relevant labor market for which reliable market data can be collected

Demographic Factors that have influenced the labor market

birthrates staying low post baby boomers baby boomers retiring educational disparity increasing in spite of high school students going to college drop out rates increasing people pursuing education are pursuing more advanced professional training + degrees immigrants providing large pool of skilled and unskilled labor participation rates (in the workforce) drastically changing : male part has declined in every age group, female has increased in every age group

piece rates

calculate amount of comp. an employee receives for conducting a specified piece of work - (Reg or OT) Rate x Total Hours Worked, divided by sum of total hours

selection rate (hiring)

calculated by dividing the number of hires y the number of applicants for each group.

Organizational culture

can be maintained through employee selection and disciplinary procedures, rewards systems, recognition ceremonies, stories and symbols, plus leadership reactions to achievements and problems

Behavioral and Personality Assessment Concerns

candidates might choose only the responses they believe an employer wants DiSC is subjectives, Meyers-Briggs warns not to use for employment decisions Predictive Index offers a personality assessment that complies with the EEOC Any assessment that could indicate a mental disability probably violates the ADA

For training that requires practical understanding of a realistic business situation,, which instructional method is best?

case study case studies are descriptions of real life experience used to conduct trainings and enhance the participants' understanding and learning experience

a company evaluates jobs by identifying and benchmarking job positions, with an emphasis on internal equity. this method of job evaluation is called

classification method - internal equity means the value of a job relative to other jobs in the company **jobs can be evaluated by two methods, classification and ranking**

a group of people with common work interests who interact to enhance the group's skills, productivtity and expertise is most likely called

community of practice

Medical Savings Account (MSA)

created by Congress for those who are self-employed or otherwise not eligible for credible coverage individuals who are self-employed are allowed to take 80% of health-related expenses as a deduction

Older Workers Benefit Protection Act (OWBPA)

**provides workers over 40yo a consideration period of at least 21 days if only one older worker is being separated, 45 days when more older workers are being separated, and older workers must receive a revocation period of at least 7 days.** U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee's waiver of the right to sue for age discrimination must meet in order to be upheld by a court.

Advantages / Disadvantages of Joining a Union

+ better economic and working conditions hope for advantages like higher wages, protection against inflation/unfair treatment, etc - disagree with union activities and goals and would prefer to shift priorities to sustainability as opposed to revenue individuals who work closely with management may find unions to be unproductive adversaries nurses and engineers - may rely more on professional associations

Advantages and Disadvantages of Cohesion

+ better quality and quantity of work, increased effectiveness, increased engagement - greater likelihood of groupthink, ignoring ideas that deviate from group norms, change of counterproductive ideas spreading

Retirement Equity Act (REA)

- deferred compensation law - set standards for pensions and lowered the age limit for retirement also requites qualified pension plans to provide automatic survivor benefits and allow for waiver of survivor benefits only with the consent of the participant and the spouse

Department of Labor (DOL) regulations for identifying temporary workers

- individual assignment must be either seasonal or intermittent and must not exceed one year of employment -not eligible for transfer or promotion -if hired through a staffing agency, they are eligible for unemployment and worker's comp

McKinsey 7S Model

- skills - competencies and capabilities - strategy - plan for competitive advantage and growth regarding business, products, and markets - structure- structure of reporting hierarchy, that is, virtual vs. brick and mortar organization - shared values (centre)- core concepts and work ethic, organizational mission, and goals - systems-everyday procedures and approaches - style-leadership approach and operational culture - staff - employee development and empowerment

evidence-based decision-making (steps)

1. *review* information, programs, practices 2. *consult* relevant research, etc 3. *improve* existing systems by taking advantage of available procedures and programs 4. ensure *sustainability* through skills, structure, leadership, commitment

Plans for Emergencies/Natural Disasters

1. Clarify the chain of command, and inform staff who to contact and who has authority 2. Someone should be responsible for accounting for all employees when an emergency strikes 3. A command center should be set up to coordinate communications 4. Employees should be trained annually on what to do if emergency strikes 5. Businesses should have first-aid kits and basic medical supplies available. This includes water fountains and eye wash stations in areas where spills may occur 6. An emergency team of employees should be named and trained for the following: a. Organizing evacuation procedures b. inititiating shutdown procedures c. using fire extinguishers d. using oxygen and respirators e. searching for disabled or missing employees f. assessing when it is safe to re-enter the building

Modifying Organizational Culture - 6 Core Steps

1. Conduct a culture audit by performing interviews to identify current values and beliefs 2. Assess the need for change by evaluating whether or not current values and behaviors are adaptable and appropriate to company size and solve or create problems 3. Unfreeze the current culture. Happens during extreme events, i.e. loss of a partner, mergers, announcement of drastic operational or technological changes. Changes in which the need is well-communicated or perceived are most successful 4. Encourage support from the leadership team; they establish the code of conduct and are the 'cultural elite' of an organization 5. Implement an intervention strategy that might include frequent communications, revised training policies, revised rewards programs, restructuring or defining new roles, team-building and involvement activities, or even announcing a new slogan or mission statement 6. Monitor and evaluate transitional change process over an extended period of time

John Kotter's 8-Step Change Model

1. Create a sense of urgency - examine the competitive market, identify threats or opportunities, articulate importance of speed 2. Build a guiding coalition - establish support from executives, and design a group with credibility and power to lead change efforts 3. Developing a shared vision and strategy - create a plan to direct change effort and develop success metrics 4. Communicating the change vision - readily and persistently communicate new vision and strategy. 5. Empowering action - eliminate obstacles, systems, or structures that undermine new ideas 6. Generating short-term wins - recognize and reward visible improvements in performance. 7. Consolidating gains and driving change - hire, promote, and develop people capable of implementing change vision 8. Integrate new approaches in the culture - continue to encourage new behaviors and leadership development

Lean Six Sigma (Phases)

1. Define the problem and the solution to eliminate what is not necessary 2. Map and measure current steps in the process to gather data and put everything in place 3. Analyze and identify where problems are occurring and clean up 4. Improve and standardize processes to solve the problem 5. Implement controls to maintain procedures and results

Consulting Steps

1. Discovery Process 2. New Client analysis and solution development - past and current threats and opportunities should be identified. Make diagnosis, create solutions 3. Delivery methods for client recommendation - recommended actions and goals should be detailed in a strategic project plan. - Clearly document how the solution will develop from the current state to the desired state, and how the new solution will be managed 4. Implementation of new clients - clear processes and procedures should be established, training opportunities made available - retain/manage brand image, integrity and client relationship.

How to Organize a Union

1. Involves filing and obtaining at least 30% of the workers in a company to sign authorization cards requesting union representation 2. Once 30% have expressed interest, they can petition NLRB for a representation election 3. the NLRB investigates on 4 main conditions 1) whether the company exceeds a certain revenue and falls under jurisdiction 2) who should represent the workers 3) whether there is a minimum of 30% support of a union by workers 4) if there are any elections bars, such as another petition filed within the past year

Top 12 Human Resource Metrics

1. Revenue factor (measures effectiveness): Revenue / Total Number of Full Time Employees 2. Revenue per labor costs (measures efficiency by reducing costs): Revenue / Total Labor Costs 3 Human capital return on investment (prime measure for analyzing human resource practices): (Revenue - [Operating Expense - (Compensation Cost + Benefit Costs)]) / (Compensation cost + Benefit cost) 4. Human capital value added (amount of value added to the company): (Revenue - [Operating Expense - (Compensation Cost + Benefit Costs)]) / Total Number of Full-Time Employees 5. Human Resource Expense Factor (measures human resources per cost per employee): Human Resource Expense / Total Employees 6. Turnover rate (benchmarked against Bureau of Labor Statistics): [# Separations in a Month) / (Average # of Employees During the Month) x (# of Workdays)] x 100 7. Time to fill: Total Days Elapsed Since Requisition / # Hires 8. Cost per hire: (External Costs + Internal Costs) / # Hires 9. Turnover costs per employee: (Separation Costs + Replacement Costs + Training Costs + Lost Performance) / # Replacements 10. Health-care cost per employee: Total Cost of Health Care / Total Employees 11. Employee benefits as a percent of payroll: Total Employer Benefits Payments / Total Gross Payroll 12. Human resources-to-employee ratio: (Total # of Human Resource Full-Time Employees / Total # Full-Time Employees) x 100

SWOT analysis process (Steps)

1. ascertain the organization's mission and objectives 2. analyze the external environment for prospective opportunities or threats 3. analyze the organization's resources for internal strengths or weaknesses. Core competencies - unique skills that set the firm apart and support a competitive edge 4. combine both external and internal analysis and formulate a stable strategy 5. establish trust in leadership and encourage involvement from all levels to implement the new strategy 6. evaluate and monitor organizational results to preserve competitive advantage

PMP Certification Performance Domains

1. initiating 2. planning 3. executing 4. monitoring and controlling 5. closing

Recruitment analysis steps (process)

1. recruitment strategy 2. attracting and sourcing applicants 3. screening out unqualified candidates or those who may not be a good fit 4. engaging and maintaining an applicant pool

Examples of sex being upheld as BFOQ's by courts:

1. when social modesty morals and privacy conflicts are the main concern for clients 2. when a position requires a defined aesthetic authenticity or when one sex is biologically unable to perform job duties

Employee life cycle (ELC)

1.Attracting/Recruitment/Selection/Hire/Orientation a. Introductory step that encompasses the entire process of finding and acquiring new talent, from creating job descriptions to onboarding 2. Human Resource Compliance and Reporting a. Includes state and federal tax reporting, employee handbook and policy acknowledgments, maintaining employee files, and labor law postings 3. Payroll Administration a. Involves salary planning and negotiations to payroll and withholding entries 4. Benefits Administration a. Entails providing notices, plan summary documents, and enrollment materials 5. Performance Management and Development a. May contain evaluations, training programs, behavioral assessments, and staff surveys 6. Retention a. Preserving loyalty and dedication through rewards, recognition, and employee engagement programs 7. Risk Management a. May involve safety training, workers' comp, and OSHA reporting 8. Separation a. Encompasses exit interview, COBRA administration, and unemployment claims management

Pregnancy Discrimination Act of 1978

2 clauses: 1st: applies directly to Title V11's prohibition against sex discrimination, which also directly applies to prejudice on the basis of childbirth, pregnancy, or related medical conditions 2nd: requires that employers treat women affected by pregnancy the same as others for all employment-related reasons and similarly in their ability or inability to work ****Pregnancy is considered a temporary disability in the eyes of the law, meaning the treatment of pregnant employees falls under the same jurisdiction as disabled employees***** makes it illegal to fire or refuse to hire/promote a woman because she is pregnant, force a pregnancy leave on women who are willing and able to perform a job, and stop accruing seniority for a woman because she is out of work to give birth

Patient Protection and Affordable Care Act (PPACA)

2010 federal legislation designed for comprehensive health reform, with an intent to expand coverage, control health care costs, and improve the health care delivery system establishes regulations on medical services, insurance coverage, preventative services, whistle-blowing, etc

Kirkpatrick's 4-Level Evaluation Model

4 Levels for planning, evaluating and preserving: Reaction: measures how people react to the training, often a survey upon completion that asks for feedback or satisfaction levels on the subject, the material, instructor, etc Learning: provides a quantifiable measure of what has been learned during the program Behavior: measures how far the performance or behavior of people that received the training has changed and observes how they apply what has been learned to their environment Results: analyze noticeable effects of training such as changes in production, efficiency, and quality

Executives typically receive

A wider variety of compensation programs than do other employees Top executives are often paid salary plus short-term performance incentives and bonuses. Executive pay arrangements typically consist of six distinct compensation components: salary, annual incentives, long-term incentives, benefits, perquisites, and severance/change-in-control agreement

EEO-1 Report

An employer information report that must be filed annually by employers of 100 or more employees (except state and local government employers) and government contractors and subcontractors to determine an employer's workforce composition a compliance survey mandated by federal statute. survey requires company employment data to be categorized by race/ethnicity, gender and hob category. Employers who are private employers subject to Title VII with 100 or more employees and federal contractors with 50 or more employees who have contracts of 50.000 or more must complete the EEO-1

Alternate Ranking

An evaluation procedure in which employers are ranked by identifying the best and worst employees on a list. These names are then removed from the list, and the best and worst of the remaining names are identified. The procedure continues until everyone on the list has been ranked.

ally doctrine

An exception to the secondary boycott rule. When an employer whose workers are on strike contacts a neutral employer to perform the work that was performed by the striking employee, it becomes an "ally" and may be subject to lawful picketing.

HRIS (Human Resource Information System)

An integrated system of employee information - including profiles, workforce features, and reporting tools

Schein's Model of Organizational Culture - Levels Defined

Artifacts: Most visible; includes the vision and mission, office dress codes, and general behaviors. Values: Thought patterns, organizational goals Underlying assumptions: ideologies, and perceptions of the organization. - Cannot be measured but can *greatly* affect the organizational culture

Locus of causality

Attribution of behavior to either an aspect of the actor (internal) ability and effort or to some aspect of the situation (external) difficulty and luck

why are HR reps generally excluded from bargaining unit representation?

HR is usually in the role of preparing for, and participating in, collective bargaining. This falls under the 'confidential employee' exemption with the NLRA

Locus of stability

Identifies outcomes based upon fixed, stable factors such as ability and task difficulty as well as variable factors such as effort and luck

Intergroup Interventions (Types)

Increase cooperation among organization subsystems - Finding a Common Enemy; Joint Activities; Rotating Membership; Conflict Resolution Meetings

Data discussions and diagnosis

Involves a roundtable and analysis by the target group to diagnose a root cause and the exploration of alternatives or viable solutions

Return on Investment Formula

Net return from an investment/Costs of investment

strategic alignment - steps

Outline departmental objectives that support business success Establish departmental goals such as reducing costs or increasing engagement and retention Develop an action plan for meeting goals Collaborate with others, and set the plan into motion Report and monitor results

Hofstede's Cultural Dimensions (Model of Cross-Cultural Differences)

Power Distance Uncertainty Avoidance Individualism vs. Collectivism Masculinity vs. Femininity

Gantt Charts (Cont.)

Reflects all start and finish dates, measures timeframes and relationships of tasks - Dates listed on the top, tasks on the left side - anticipated time for completing tasks is reflected by a bar, shading conveys progress. End result = staircase, milestones = diamonds, small arrows = dependencies

Dave Ulrich's HR Model

Role 1: operational focus, organizational process - managing infrastructure (administrative expert) - responsible for advising or counseling to resolve HR problems, servicing all areas of an organization from recruiting to record keeping and establishing policies and procedures to monitor compliance controls Role 2: operational focus, people - management of employee contributions (people champion). Represents and defends employees while responding to their needs for greater commitment and competence Role 3: strategic focus, organizational process - management of strategic HR (HRBP) requires HR managers to cohesively with other leaders to align HR functions with business strategies Role 4: strategic focus, people - management of transformational change (change agent). Referred to as internal change agents who guide or supervise an organizational change development interventions

Michael Porter's Five Forces Model (Forces)

Suppliers - organizations depend on the availability of suppliers to provide materials Buyers - to maximize revenue, buyers often seek competitive products at the lowest price Rival firms - competition is stimulated when one or more companies identify and opportunity to improve market position or a need to differentiate against mutually competitive pressure Substitute products - organizations compete against other businesses that sell similar, substitute products or services, which places a limit on the prices organizations can charge Potential entrants - new entrants can threaten existing companies by providing additional production capacity and shifting the market supply, resulting in less demand and price cuts (threat of new entrants, threat of substitute products and services, bargaining power of buyers, bargaining power of suppliers, and threat of established rivals)

Albemarle Paper Company v. Moody

Supreme Court case in which it was ruled that the validity of job tests must be documented and that employee performance standards must be unambiguous items used to validate employment requirements must be job-related

McDonnell Douglas Corp. v. Green

Supreme Court case that led to a four-part test used to determine if discrimination has occurred established that the complainant in an employment discrimination lawsuit carries the initial burden to present a prima facie case for racial discrimination a charging party can prove unlawful discrimination indirectly by showing: the charging party is a member of a protected group. he/she applied for and was qualified for the position; the job was not offered to him/her, the employer continued to seek applicants with similar qualifications

Cultural Artifacts

Tangible aspects/traits of culture—the behaviors, language, and physical symbols—that we can perceive with our senses and that reflect the rules and core beliefs of the organization's culture

Socratic Seminar

Teacher-led formal discussion strategy in which the teacher engages students in dialogues by responding to questions with questions (open-ended), instead of just providing answers. Students listen and think critically for themselves. Although it engages higher-order thinking, it can be a time consuming technique.

actual deferral percentage (ADP) test

Test required by the Employee Retirement Income Security Act (ERISA) to ensure that highly compensated employees (HCEs) do not receive greater benefits from a 401(k) plan than those received by other employees. and that no discrimination is occurring to pass, ADP of the HCE may not exceed the ADP of the NHCE by a factor of 1.25 or 2 percentage points

uncertainty avoidance

The acceptability of ambiguity and the unknown. The degree to which societies are willing to tolerate uncertainty and risk. Strong - avoid risk, impose structure. Low - view risk as unavoidable, tolerant of ambiguity.

Offshoring

The practice of exporting U.S. jobs to lower paid employees in other nations.

Individualism vs. Collectivism

The relationship and ideals between society as a whole and the individual. Individualistic societies - Power is more evenly distributed, economic mobility is attainable.

Masculinity vs. Femininity

The societal role perception of men and women in association to accepted role activities. Low masc - minimize distinction, accept assimilation. High masc- accept clearly defined gender roles, masculine traits are valued or feminine

Weingarten rights

Union employees' right to have a union representative or coworker present during an investigatory interview. management does not need to inform employees of these rights: when requested, management can: a) stop questioning until a rep arrives b)terminate the interview c)ask the employee to voluntarily relinquish his or her rights to representation company does not need to inform rep of the interview subject, and the rep does not have the right to counsel the employee in private or advise him/her what to say

Trompenaar's Model of Organizational Culture (Cultural Dimensions) - List

Universalism vs. Particularism Individualism vs. Communitarianism Neutral vs. Affective (Emotional) Specific vs. Diffuse Achievement vs. Ascription Sequential Time vs. Synchronous Time Internal Direction vs. Outer Direction

Job-absence rate formula

Used by the Bureau of National Affairs - the number of worker days lost through absence during a specific month times 100 divided by the average number of employees times the number of workdays in the specified month

Neutral vs. Affective (Emotional)

What's appropriate? (impassive vs. emotionally expressive)

Universalism vs. Particularism

What's more important? (Legal vs. relationships)

Individualism vs. Communitarianism

Who comes first? (me vs. community)

Pretests and Posttests

______ are measurements of participants' existing behaviors/skills that are taken before starting an experimental treatment. _____ are measures of behaviors established after completing a treatment program. - Pretests may cause sensitizing effects that results in fear or doubt

Stender v Lucky Stores

a class action brought on behalf of women employees of Lucky Stores Inc a lawsuit on gender discrimination was filed following information from a diversity training The district court issued a lengthy opinion finding that Lucky's employment practices violate the federal and state fair employment laws

The DOL defines genetic information as any of the following:

a disease or disorder in an individual's family medical history the results of an individual's or family member's genetic tests the fact than an individual or family member has sought or received genetic services genetic information of a fetus held by an individual or an individual's family member an embryo lawfully carried by an individual or family member that receives assistive reproductive services

a job

a group of homogenous tasks related by similarity of functions; this consists of duties, responsibilities, and tasks

Improshare plan

a group-based incentive plan based on the number of hours a firm expects to take to reach a certain level of output - improved productivity through sharing - bonuses based on amount of time saved

fee-for-service plan

a health-care plan that pays for covered medical services after treatment is provided - allows employees to decide what services they need from any provider; fees are paid by the employee *and* employee's benefits plan through deductibles and co-insurance

job reinforcement is critical to

effective transfer of training consistent reinforcement of competencies and skills learnt on the job is critical to an effective transfer of training

what best describes active listening?

a listener is able to eliminate distractions and fully comprehend the information being delivered by the speaker active listening is a concept that suggests that a listener suspends judgment, eliminates distractions and fully focuses on the details and concepts being covered by the speaker. This often results in verbal/non-verbal cues of comprehension, but these alone do not constitute active listening

construct vailidity

a means of testing an instrument's validity; involves examining the extent to which an instrument measures a theoretical construct. determines whether a test measures characteristics that are important for being able to perform a job.

Coaching

a method of training in which an experienced person provides an employee with advice to encourage their best possible performance/career personal, one-on-one relationship that takes place over a specific period

what is a top heavy 401K plan?

a plan with greater than 60% of its total value in the accounts of 'key' employees a key employee is defined as an employee with major ownership of the company and/or in a decision-making role

Benchmarking

a process by which a company compares its performance, practices, pay rates, etc with that of high-performing organizations (competition) so any gaps may be addressed - both internal and external feedback Must consider organizational structure, size, location, industry

punishment

a process by which a consequence immediately follows a behavior with decreases the likelihood of repetition

how is position control defined?

a process by which positions are created, maintained, and tracked according to budgetary constraints position control is often a feature of HRIS/financial tool where employees are tracked separately from positions. Positions are often approved according to available budget and then maintained and tracking in the position control system

Management by Objectives (MBO)

a process of setting mutually agreed upon goals and using those goals to evaluate employee performance

EEOC defines adverse impact by the 4-5ths rule as follows

a selection rate for any race, sex or ethnic group which is less than 4/5 or 80% of the rate for the group with the highest rate will generally be regarded by the federal enforcement agencies as evidence of adverse impact used to determine whether exams are racist if found to be true, burden of proof falls upon company or administrator of exam to convince courts that the exam was a)job related for the specified positions, or b)consistent with business necessity

Mission Statement

a statement of the organization's purpose and direction - what is being accomplished - should be inspirational, aspiring, and able to withstand changes. organizational philosophy derived from it, describes the set of values, beliefs, norms of doing business org philosophy - key element of culture and creates the foundational culture, values, beliefs and guidelines for doing business. cultivates relationships among the organization, employees, customers, and shareholders employers and managers need to clearly understand org philosophies, cultures, policies and procedures so everyone acts in alignment with goals and strategies

commissioned survey

a survey that requires information on specific skillsets or competitors that may not be readily available in generic surveys

talent management

a systematic, planned effort to attract, retain, develop, and motivate highly skilled employees and managers

What is a Union ULP and not an Employer ULP

a threat of bodily injury to a non-striking employee., employers would not threaten an employee who refuses to go on strike

What ruling has been made by the NLRB regarding pension plan development?

a unionized employer cannot install or terminate a pension plan covering union employees without agreement with the union

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

A clause which prevents the reopening of collective bargaining negotiations during the term of the contract is called

a zipper clause - means that both parties waive the right to bargain during the term of the contract. Should be clear and unmistakable

alternatives to a reduction in force

eliminating overtime, freezing or reducing compensation, introducing reduced work hours, cutting perks, increasing employees' share of benefits costs, imposing hiring freeze

once a supervisor learns to delegate and feels more comfortable assigning projects to direct reports, what supervisory skill should he/she work on next, which often goes hand-in-hand with delegation?

accountability. after a leader delegates high-priority tasks and projects to his/her direct reports, it's important for the leader to remain accountable for the successes or failures of the outcome. For this reason, the leader should hold regular check-ins with individuals to understand challenges they're facing, milestones completed, and anticipated completion dates

Greatest Liability and subject of FASB attention

accrual accounting method for reporting, defined benefit pension plans, stock option plans

A major deficiency of most performance appraisal systems in developing employees is the lack of...

action planning and follow-up based on performance ratings performance appraisals are used primarily as a means of documenting employee performance and allocating bonuses. Although many appraisal methods include developmental goals for the following year, these goals are only for record-keeping rather than as a tool to guide future planning and feedback discussions

Workers Compensation

administered by the state ** most often!! where you live, not where you work(ed)** per state and federal laws must be doing a covered job as an employee of a covered company/employer funds available through insurance program, premiums paid by company while administered by state per local law or federal gov for federal workers usually a waiting period before wage replacement payments are available, and usually amount to 50 to 70% worker's average weekly wages three types of benefits: medical expenses, income continuation, death benefits

The Office of Labor-Management Standards of the US DOL

administers and enforces more provisions of the Labor Management Reporting and Disclosure Act. promotes union democracy, transparency, and financial integrity in private sector labor unions through standards for union officer elections, trusteeships, and safeguards for union assets

Zero-based budgeting

advantages: flexible budgets, lower costs, more disciplined execution disadvantages: resource intensiveness and bias towards short-term planning

leapfrogging

aka parallel, pattern bargaining, or whipsawing is a bargaining strategy where the union negotiates with one employer at a time and uses the gains made as a base for negotiating with the next emploer

H-1B Visa Program/Classification

allows employers to choose the best candidate with specialized skills from a global labor market Occupations that qualify include: scientists, computer programmers, architects, engineers, college professors, foreign medical graduates requiring residency, or those with specialized degrees fairly common but not easy to obtain, takes an average of 45-120 days employers required to submit at least two forms in addition to providing several docs about the company's needs and financial conditions **worker may simultaneously hold H-1B visas with multiple companies**

Employee Wellness Programs EWP - what the Patient Protection and Affordable Care Act allows:

allows employers to reward employees for participating, such as covering higher % of premiums for employees who comply with EWP requirements like having annual physical examinations and attending trainings **Rewards should be based on participation, not achieving goals**

Preferred Provider Organization (PPO)

allows insurers to contract with providers of the employees choosing with lower fees and better coverage for providers within the organization; fees are paid by deductibles, co-insurance, co-pay

Quantitative Risk Assessment

allows the business to assign actual dollar amounts to each risk based on value, exposure, single loss expectancy, annualized rate of occurrence, and annualized loss expectancy

Weighted Employment Application

an application form designed to assign numeric values to responses provided by applicants in a bid to give higher scores to areas that have a strong relationship to job performance gives aspects of the job that are more important for success a higher wight than other areas

Skip-level interviews

an employee engagement approach in which employees are interviewed by their manager's manager to provide accurate insight on job satisfaction or lack thereof

In the context of FLSA, which statement is true regarding the concept of workers being 'engaged to wait' vs. waiting to be engaged?

an employee who is 'engaged to wait' is effectively on duty and must be paid for that time an employee who is 'engaged to wait' is one who must stay at the workplace until his/her work assignment is given, therefore must be paid for that time as he/she is effectively on duty an employee who is 'waiting to be engaged' is relieved of his/her work duties, and can use his/her time freely, but must return to the workplace if a work assignment requires his/her presence

what is an expatriate?

an employee who takes on an assignment in a country outside of his/her home country - usually for 3 to 5 years

Job Enrichment

involves redesigning roles so that have more meaning, are less monotonous, and more challenging - additional planning, decision-making, controlling responsibilities **should create a greater sense of belonging to organization**

Behaviorally Anchored Rating Scale (BARS) approach to performance appraisal requires...

an in-depth understand of each position's key tasks, along with an understanding of the full range of behaviors displayed in individuals in carrying out such tasks. The **scales are tailored to the required behaviors, not the nature of the work**

variable pay

an incentive or bonus employers pay to employees whose performance meets or exceeds company expectations, provided the company meets its own goals for productivity and profitability. It is subject to change and aka performance pay

a fiduciary is

an individual in whom another has placed the utmost trust and confidence to manage and protect property or money prudently fiduciaries are not to analyze conflict of interest situations, but avoid such situations completely

facilitation

an instructional method that enables employees to work together on problem-solving techniques while under the guidance of a facilitator, or third-party expert in helping different groups interact effectively

learning organization

an organization that has developed the capacity to continuously learn, adapt, change, create acquire and transfer knowledge while adjusting to reflect new insights and ideas

leading indicators

anticipate, precede, and predict future performance

Worker Adjustment and Retraining Notification Act (WARN)

applies to employers with more 100 full-time workers or more than 100 full and part time workers totaling at least 4000 hours per week requires that employers provide a minimum of 60 days' notice to local government and affected workers in the event of a plant closing that will result in job loss for 50 or more employees during a 30-day period, and mass layoffs that will result in job loss for >33% of workers or more than 500 employees during a 30-day period **situational exceptions to law - very few, but include natural disasters and unforeseeable business circumstances**

The ADEA protects only employees and job applicants who

are 40 years of age or older. Does not not permit reverse age discrimination claims

In an MBO (Management by Ojectives) goal

are generally set by the central management and then diffused to divisional and departmental objectives goals are not bottom-up, but top-down

Self-appraisals

are most beneficial when used for personal development and identifying training needs, but less beneficial when used as a basis for the evaluation process

Works for hire doctrine

are protected by the copyright act for the shorter of 95 years from the first year of publication or 120 years from the year of creation, whichever expires first

if an employee requests an accommodation (not ADA related) (such as a stand-up desk), HR may

ask for a doctor's note. the employee's medical professional should make the determination of the need for said request. HR should not try to determine the legitimacy or severity or a disability, rather, focus on the reasonableness of the accommodation request.

what is the most valid concern critics have expressed regarding using personality assessments as part of the hiring process?

assessments can pigeonhole applicants based solely on their personality traits no matter how buttoned up the assessment tool is, great applicants might be eliminated from the process based solely on their personality type

Recycling

involves reviewing and repeating the processes (from the Action Research Model) to ensure problems do not arise or reoccur

Behaviorally Anchored Rating Scale (BARS)

assigns numerical values to perforamcne based upon a given range, for example five-star systems or scales from 1-10. Key benefits - create agreement by being less subjective and more based upon observations, while characteristics are more carefully considered

mediation

bringing in a neutral third party to hear both sides, assess, clarify, suggest compromises, identify similarities for further negotiations receives less criticism and is more successful when requested by both parties

What is not a phase of a project

budgeting, as it is a management phase, not a project phase

ergonomic injuries

caused by awkward poses, forceful strain, exposure to vibration, heat or cold *not teratogens which are harmful chemicals that can affect a fetus/embryo*

Filing a charge with the NLRB

charges of ULPs must be filed within 6 months or alleged practice, can be submitted in person or via mail. preliminary NLRB investigation by regional offices will be assigned to a field examiner or attorney, and either a formal complain may be issued to the general counsel, or the case may be disposed of through withdrawal, settlement or dismissal GC may dismiss the case or move forward to formal hearing After NLRB issues a decision, dissatisfied parties may appeal, but this can be lengthy and take years

Ways Unions Establish Sustainability

closed shop - requires all applicants already belong to the union and only union members be hired **outlawed by the Taft-Hartley Act except for hiring halls in construction industry** union shop - requires that everyone hired join the union within a set period of time, usually 30 days from hire - temp or part time may be exempt **may be illegal in right-to-work states** agency shop - acknowledges the union as a bargaining agent for union and nonunion employees and requires everyone to pay union dues or agency fees in the form of payroll deductions whether they are members or not *may be illegal in right-to-work states* maintenance of membership - requires that employees that join a union voluntarily must continue paying membership dues until the present contract expires dues check-off provision - allows union dues to be paid directly to the union by the company's accounting or payroll dept if the union member has signed an affidavit agreeing to such deductions **Taft-Hartley forces companies to obtain this written permission every year for their dues to continue being automatically withheld.**

broadbanding

collapses many traditional salary grades into a few wide range of salary bands

environmental scanning

collection and interpretation of information about forces, events, and relationships in the external environment that may affect the future of the organization or the implementation of the marketing plan the framework for collecting information to create a successful strategic plan. This is the stage when SWOT analysis takes place not an environmental scanning tool: employee surveys

National and International Unions

collections of local unions, frequently in the same industry and having their own constitution and establishing rules

Formal groups (3 main forms)

command groups (departments on a org chart) task groups (working collaboratively towards a common task) functional groups (created to accomplish specific goals and objectives for an unspecified period of time) **Once a group has been formed; storming, norming, performing, adjourning**

with regards to affirmative action, comparison of incumbency to availability means...

compares protected classes employed in each job group with availability in the labor force within a reasonable recruiting area

Deferred Compensation

compensation paid out at a specified future date or during retirement. May be qualifying or non-qualifying pensions, stock option plans, retirement, etc

in labor relations, the peer-review panel procedure is a function of

conflict resolution can be an internal procedure, aka peer review panel. A peer-review panel is a problem solving process where an employee takes a dispute to a group or panel of fellow employees and managers for a decision. The decision is not binding on the employee and he/she would be able to seek relief in traditional forums for dispute resolution if dissatisfied with the decision

Dysfunctional conflict

conflict that hinders the organization's performance or threatens its interests - mediation techniques of communicating and channeling energies, expertise, or resources of the conflicting groups may help negotiate solutions and the attainment of organizational goals

which is a step *not* a part of the evidence-based decision-making (EBDM) process?

consider the opinions of applicable subject matter experts (SMEs) the EBDM process is a concept based solely on research and facts, so thoughts and feelings, even from an SME are not generally factored in when making a management decision

Direct Compensation

consists of 4 different groups of payment from the employer to the employee. salary, hourly pay, commissions, and bonus types of wages

Delphi Technique

consists of having experts provide their best estimates of future needs based on interviews and questionnaires - an intermediary collects results and provides a summary a qualitative analysis tool for gathering data from experts. designed as a group communication process which aims to achieve a convergence of opinion on a specific issue a decision-making method in which members of a panel of experts respond to questions and to each other until reaching agreement on an issue

what can help you determine if a measurement actually measures something that cannot be directly observed?

construct validity - refers to the degree to which a test or other measure assesses the theoretical construct it is supposed to measure content validity- measures the significant parts or contents of the job (a practical driving test for a truck driver role) content validity - a measure of a job knowledge or skill which involves having someone perform actual work tasks or taking a test of job knowledge (driving Test)

when an employee is injured on the job, what is the first thing supervisors and managers should be instructed to do after stabilizing the employee?

contact HR once the injured employee is helped and stabilized, the first call should be to HR before taking any witness statements or writing up a summary of events. it could be dangerous to fix the cause of the injury, so it's best to call HR before the supervisors do anything themselves

if an employee asks for union representation to be present at an employer-organized investigation, the employer MAY NOT

continue the investigation if evidence against employee is job-related

what is the most effective method of evaluating employee performance?

continuous feedback - by consistently addressing performance on an ongoing basis, employees are given the consistent support and feedback they need to achieve success

Corporate Philanthropy and Charitable Giving

corporate social responsibility - some companies emphasize philanthropy, donating a % of profits to charity, or volunteering actitivities orgs find philanthropy and charity work financially rewarding esp. when synchronizing business strategies to cause agendas corp. phil. can increase revenues and has been known to boost morale and employee engagement. **culture surrounding phil. and charity should be covered during new hire orientations** HR can support corp. phil. to demonstrate food values, build image, and foster a sense of efficiency volunteers serve a philanthropic reps of the company in the community and can have a strong impact on the public

Michael Porter's 3 Grand Strategies to Maintain a Competitive Edge

cost leadership (being the low-cost manufacturer or servicer) differentiation (having a unique service or product in a large market *APPLE*) - must convey exclusivity to validate premium pricing focus (having a unique service or product in a niche market)

the relationship between results and the resources required to produce them is the basis for

cost-benefit analysis

McNamara-O'Hara Service Contract Act

covers federal service contracts

HR Specialist/administrator/coordinator

early stages of their career who specialize in a particular human resource function, such as talent acquisition, comp, benefits, employee relations, HR systems

to gain buy-in for a large change management initiative, the first step is to:

create a sense of urgency with your audience so they understand the importance of the project

Employee Stock Ownership Plan (ESOP)

created by establishing a trust into which the business makes contributions of cash or stock that are tax-deductible. Employees are then granted the ability to purchase stock or allocate funds into individual employee accounts *popular because it is believed that employees that have ownership interest in the business will work more diligently and vested interest in efficiency and profitability*

community engagement programs

designed to help the populations they serve, and can also teach staff sensisitivy, greater understanding, leadership skills advocates find these programs achieve triple returns: providing benefits to the charity or nonprofit organization in the form of free services, to the employees in the form of useful experience, and to the employer in the form of a more cognizant workforce can also provide advantages in recruitment, teamwork, morale, retention, corporate brand, reputation, and sales

Millennial Workers

desire constant feedback; annual reviews not enough. weekly/daily one on one help motivate and provide favored inspiration and direction want learning opportunities and career growth. coaching, mentoring, on the job training all attractive flexible work schedules and performance-based incentives will attract them flourish when they have freedom for creative expression and clear areas of responsibility

you have a high-visibility performance review overhaul project that you need your team to deliver. how would you go about dividing the work between the quiet and gregarious one?

determine the overall project plan, strategy and tasks together. then let them divvy up the work directly with each other, keeping you apprised of any important decisions as the manager of the group you should be involved in the strategic discussions and overall project plan. from there, if quiet and other are able to decide collaboratively which tasks they feel most comfortable with, they will have more buy-in for the project itself

Long Term Disability

disability insurance designed to replace lost income for a period of five years or greater up to 65 years old - typically runs concurrent with STD for equal or less wage replacement coverage. Typically runs for 24-36 months

What are NLRB remedies when an employer engages in ULPs?

disband an employer-dominated union engage in the collective bargaining process reinstate employees to positions held prior to the ULP The NLRB may seek make-whole remedies such as reinstatement and backpay for discharged workers, and informational remedies, such as the posting of a notice by the employer promising to not violate the law but the agency cannot change company ownership or assess penalties

after a lengthy investigation concludes, a sexual harassment complaint is determined to be unfounded. what is the most appropriate course of action?

disciplinary action should only be taken if the reason was malicious a harassment claim found to be malicious should result in discipline for the complainant

HR business partner/director

divisional managers who take on a strategic partnership with leadership and corporate officers to align HR functions with company goals

Career Advancement techniques for technical specialists who don't wish to pursue management

dual career ladders that increase and broaden 'full-stack' skills that may be developed - also more licenses and certifications

import-export firms

embody first stage of globalization products are moved across national boundaries majority of employees located in home country, exception of contract negotiators who study abroad to secure buying and selling agreements HR policies and procedures follow traditional practices

Health Maintenance Organization (HMO)

emphasize preventative care through fixed costs regardless of number of visits, but Primary care physicians (PCP) must refer others, and no other providers are covered; fees are paid by deductibles, co-insurance, co-pay

The OWBPA (Older Workers Benefits Protection Act) requires that

employees are advised in writing to consult with an attorney prior to signing the ADEA waiver (a release) establishes conditions under which an employer can offer employees incentives to retire early while asking them to waive their right to sue the company for additional benefits.

multi-national enterprises (MNEs)

employees are located in the home country and a number of expatriate managers may be sent to oversee foreign operations products may be manufactured in one country then shipped to another for assembly and exporting requires HR policies and procedures be revised for each country

Non-exempt employees

employees covered by the FLSA requirements for overtime pay and federal minimum wage - paid an hourly wage - includes blue collar workers, maintenance workers, technicians, laborers, novice workers

when a company uses a matrix organizational structure, what does it mean?

employees generally report to more than one supervisor or manager a matrix organizational structure is one in which employees may report to multiple supervisors or managers; often one is a functional relationship and the other may be project based - multiple reporting lines

local nationals (first/host-country nationals)

employees hired for a job in their own country whereby the company is based in another - short or long term assignments

Preventing retaliation claims

employees must believe that: complaints can be easily presented without a lot of hassle, embarassment, paperwork complaints will be assessed by a fair and impartial third party they will not be mistreated or terminated for submitting complaints or pressing for resolution

ADA further info and qualifications

established in 1990 to protect individuals with a mental impairment that substantially limits their performance of a major life activity from job discrimination **also prohibits discrimination against people because they have a known association or relationship with a disabled individual*** requires that employers with 15 or more employees make reasonable accommodations to employ disabled people **may be occasions where people are not covered because their disability could pose a threat to themselves/others and accommodations wouldn't eliminate said threat** impairments that qualify as disability: deafness, blindes,, intellectual disabilities, partial/completely missing limbs, mobility impairments that require wheelchair, cerebral palsy, diabetes, autism, epilepsy, HIV/AIDS, cancer, MS, muscular dystrophy, major depression, bipolar, PTSD, OCD, schizophrenia

The SOX Act does..

established the PCAOB requires all financial reports to include and internal controls report established standards of gov. responsibility for corporate accounting failures DOES NOT require corporate investors to register with the SEC

the Personal Responsibility & Work Opportunity Reconciliation Act

establishes and updates rules for retaining and reporting employee identification records

paired comparison

evaluating only two employees at a time, deciding which is better, and continuing until each employee has been paired against every other employee compares each employee with every other employee in a group. Consultants are not included in appraisal. 10 employees means each one will be compared with 9 (other employees, not including self)

how would you describe the most effective approach to diversity recruitment?

expand advertising sources to include diversity-focused professional organizations and websites organizations should never base any hiring decision on race, gender, age or any other protected visual attributes, even if the intent is to 'hire for more diversity'. the most effective strategy is to expand the reach of recruitment efforts toward underrepresented groups

Vision Statement

expresses what the organization should become, where it wants to go strategically - good example would address what organization would look like 10 or 20 years from now if it were to accomplish all of its strategic goals

Family and Medical Leave Act (FMLA)

federal regulation that provides employees **of a company with greater than 50 employees*** the right to a maximum limit of 12 weeks of unpaid leave each year for the specified care of medical conditions that affect them or family members to be eligible, an employee must have worked for a covered employer (50 or more employees) for the preceding 12 months and for a min. of 1250 hours during that time. ******DOES NOT MATTER IF THE EMPLOYEE IS TEMPORARY OR OTHERWISE****** all private employers, public or gov agencies, and local schools with 50 or more employees within a 75-mile radius must adhere to the regulations of FMLA an employee can be denied reinstatement after leave if he/she is considered a *key employee (CFO)*

National Labor Relations Board (NLRB)

founded to Congress as part of the Wagner Act to defend and protect the rights of employees, employers, unions, and general public 2 major functions: resolving unfair labor practices and conducting representation elections One division consists of 5-member board appointed by the Prez to five-year terms; hears and decides cases that involve unfair labor practices and disputed elections - they review many cases each year, only few incite notion of severe error or involve precedent-making concerns The other division - general counsel also appointed by Prez and approved by Congress that oversees a large staff of employees over many regional offices Each regional office has a director that supervises labor attorneys and field examiners Field examiners - investigate unfair labor practices or conduct elections Attorney - same as field examiners, appear in court actions

Job Description Components

identification: job number, title, exempt/non-exempt,pay, dept, location, etc job summary, essential job functions and duties,: clear and concise statements of essential functions - might include % of time focused on each thing job specifications - knowledge, skills, education, experience - 3 Categories of job specs: general qualification requirements - experience or training educational or professional requirements - degrees and professional certifications knowledge, skills, abilities **Be careful to only include minimum qualifications clearly essential to sufficient perf. Excessive or overstated requirements can result in discrimination to minorities or violate EEOCs, esp. true of educational requirements**

Sarbanes-Oxley Act + Whistleblower Protection Act

include safeguards for employees who have witnessed or stumbled upon illegal or immoral actions and make the information known to the public

Imputed Income

income from an economic benefit the taxpayer receives indirectly rather than directly. The amount of the income is based on comparable alternatives. Reimbursements or expenses paid by an employer that are treated as taxable income to the employee, such as excessive moving expenses.

formal grievance procedures

increase upward communication in organizations and make top management decisions more sensitive to employee emotions 1. complaint submitted to the supervisor or written and submitted to union steward 2. no resolution there, complaint may be heard by superintendent or plant manager and industrial relations manger 3. arbitration if company is small, large companies may have grievance committees, corporate offices, international union reps to meet and hear grievances 4. Final step : binding arbitration by an outside 3rd party - both parties come to an acceptable agreement

flexible schedule (pros and cons)

increases recruitment of top talent by boosting morale, dedication and engagement tardiness, absenteeism, and turnover are reduced lower stress/burnout rates flex-time: alternative work schedule where employees can work flexible hours to allow them to tend to personal business challenges: difficulty communicating when work schedules are different client-facing roles may require a certain amount of availability during core business hours, managers can have trouble adjusting to a remote staff team

job enlargement

increasing the number of different tasks in a given job by changing the division of labor

off-the job training techniques

independent study - people self-motivated to take individual responsibility toward learning and attempting to train themselves with books, courses, seminars Corporate universities - employees attend classes taught by corporate trainers, execs, consultants Vestibule Training - similar to on-the-job, but occurs in a separate training area identical to the actual production area Lecture- efficient, large audience, large info

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

indirect compensation - an optional, non-wage compensation provided to employees in addition to their normal wages or salaries. include group insurance (health, dental, vision) disability income protection, retirement benefits, vacation, etc

PPACA Provisions

individual responsibility - requires all individuals maintain health insurance or pay a penalty state healthcare exchanges - provides individuals and families a portal in which they can shop through a variety of plans and purchase health-care coverage employer shared responsibility - requires that employers with more than 50 employees provide affordable coverage to all employees that work 30 or more hours per week or pay a penalty affordable coverage - does not allow employers to shift the burden of health-care costs to employees and imposes a penalty for employees who obtain government subsidies for coverage FSAs - imposes a cap on pre-tax contributions to FSAs, health reimbursement arrangements (HRAs) and HSAs wellness incentives - allows employers to provide premium discounts for employees who meet wellness requirements Excise tax on 'Cadillac' plans - imposes excise tax on employers that provide expensive coverage W-2 reporting requirements - requires employers to report the cost of coverage under employer-sponsored group health plans on each employee's W-2 form summary of benefits coverage - requires insurance companies and employers to provide individuals with a summary of benefits coverage (SBC) using a standard form whistle-blower protections - amends the FLSA to prohibit employers from retaliating against an employee who applies for health benefit subsidies or tax credits

Expatriate

individuals sent on assignments outside of their home country with the expectation that they will return to their home country upon completion of said assignment

Difference between worker's comp and LTD/STD

injury of illness does not need to be work-related to qualify for LTD/STD

programmed inspections

inspections aimed at specific high hazard industries. Industries are selected for inspection on the basis of injury incidence rates, previous citation history, employee exposure to toxic substances, or random selection

culturegram (aka culture assimilator)

instructs managers of best practices and helps them acquire and practice new cultural practices inc social intros, time orientations, standard dress, diet and dining, etc

Project Management Professional (PMP) Certification

internationally recognized designation awarded to individuals with prerequisite experience and who have passed a standardized examination - demonstrates understanding of project life cycle phases and can plan or propose benefits to projects

4 Stages of Professional Careers

internship - individuals who are continuing learning under the supervision of experienced professionals independent contributor - autonomous workers whose success is based upon how well they take initiative, meet objects, exceed expectations mentor - have displayed their ability to perform, supervise, and coach sponsor - make strategic decisions while providing organizational guidance, influence, and accountability

top-down budgeting

involves estimating expenses and payroll costs for an entire organization and then allocating a set amount to each department manager.

data integrity

involves maintaining and protecting data content to ensure that it is complete, accurate and reliable

Limited Liability Company (LLC)

is a business structure that combines pass-through taxation, limited liability and legal protection for personal assets. it is a hybrid of a partnership and a corporation

Under the ADA, alcoholism:

is a protected disability. Does not protect employees who report to work under the influence, or protect from the consequences of their actions or blatant misconduct Current drug use - not protected

dependent enrollment with COBRA continuation coverage...

is allowed even if the primary beneficiary (employee or former employee) is not enrolled

The job characteristics model designed by Hackman and Oldman

is based on the idea that a challenging job enhances motivation, there are five core job characteristics (skill variety, task identity, task significance, autonomy, and feedback

Most frequent cause of failure in most mergers and acquisitions

issues with people and culture *which is why HR's involvement should start at the beginning, and carry through the integration**

an advantage of cross-training

it encourages teamwork as workers get to know the details of co-workers' positions/jobs cross-training - the act of teaching employees the skills and responsibilities of other positions. it can result in employers having more staffing flexibility and teamwork among employees

two employees cannot work full-time anymore and have decided the share duties between themselves. this is an example of:

job sharing

on-the-job training techniques

job-instruction training - most popular - involves introductory explanation and demonstration or shadowing *before* the opport. to try alone apprenticeships - process of working alongside and under the direction of a skilled pro - i,e, trade electricians, plumbers, carpenters internships, cooperative education, assistantships - similar to apprentice but often paired with colleges/universities job rotation and cross-training - involve rotating series of job assignments in dept. for specified periods of time to expose indiv. to a number of skills and challenges Coaching and counseling - act as identifiable and virtuous model, setting goals, providing timely feedback, reinforcement and encoruagement

Bloom's Taxonomy of Learning

knowledge - base of pyramid - 'learners' can recall previously learned facts comprehension- able to grasp meaning of material application - apply info to solve problems in new situations analysis - capable of understanding context and structure of material synthesis - capable of drawing from existing knowledge/sources and processing to form conclusions evaluation - capable of judging value of material

KSAOs

knowledge, skills, abilities, and other characteristics

a strike to obtain better pay and working conditions is

lawful and economic economic strike are embarked upon to obtain some economic gain such as higher wages, shorter hours or improved working conditions. Economic strikers retain their statuses as employees because the employer cannot discharge them but can replace them

HR generalists/managers

leaders (in the HR dept) who are experienced, knowledgeable, required to understand all major HR functions

Transformational Leadership

leadership that, enabled by a leader's vision and inspiration, exerts significant influence leader is known to stimulate and inspire employees to both achieve extraordinary outcomes and develop their own leadership capacity

currently, 28 states in the US are considered 'Right to Work'. What are 'right to work' laws?

legislation that provides a choice to employees with respect to union membership employees are allowed to decline union membership if they choose

Cultural Assumptions

lie below the awareness level and reflect beliefs about human nature and reality. Can be reflected by the measure of controls management imposes upon line staff

Liquidity Ratios

measure the business's available cash or ability to pay off short-term debts

lagging indicators

measure the result of a process or change- analyze revenues that executives use to measure success

Client Services

motivated by tasks or the functional business reason services are being provided. tasks often strive for greater productivity or quality with less effort, lower exposure, lower costs, or larger profits

Obtrusive data-collection examples

observations interviews questionnaires

Arbitration

process of resolving a labor dispute with the assistance of an impartial third party that examines information from both sides and renders a judgments parties agree beforehand to accept the decision of the judge (arbitrator) as a binding decision decisions of arbitrators - generally more informed and unbiased than those of jury of peers procedures, issues requiring arbitration, how to pick an arbitrator, authority restrictions of arbitrator - often described within labor agreement usually more for settling grievances than settling labor disputes because most employers/union leaders won't let an arbitrator bind them to a contract Process: select an arbitrator, arb hearing, submission agreement statement prepared to outline issues, grants final authority to arbtrr. Testimonies/written docs prepared prior to hearing, hearings rarely last more than a single day. may be informal or formal, burden of proof falls to complainant. arbititrators provide written review and final award to both parties within 30 days

trade secrets

protected by courts if they are not generally known in the trade, they are developed at the employer's expense, they give the employer a competitive advantage, and the employer maintains confidentiality customer lists - more likely to be protected by courts if a signed agreement has been documented and the lists contain detailed or historic info such as key contacts or years of clients' sales revenue inventions and patents - traditionally belong to employer when an employee is hired specifically to create ideas or invent them - created not using employer resources or outside of work, would not be the case

Plant and Utility Patents

protected for 20 years design patents - protected for 14 - a form of legal protection to protect the way an item looks (ornamental)

Age Discrimination in Employment Act of 1967 (ADEA)

protects job applicants and employees between 40 and 60yo. applies to all private employers with 20 or more employees, gov agencies, labor unions with 25 or more members prohibits these parties from discriminating against older workers in benefit plan designs

A company is being investigated for discriminatory promotion practices. The company HRIS will be helpful to

provide data related to the corporation's affirmative action processes and performance evaluations

Pay levels (or pay bands)

provide minimum to maximum pay for a group or subset of jobs in the organization (25K to 50K) - titles grouped into families - jobs may be evaluated and ranked based upon overall responsibilities and worth to organization pay bands - broken out based on job duty and skill level Size of pay bands grow as you move up the managerial ladder, executive have the largest pay levels

Behaviorally experienced training

provide practical training, behavior-modeling and allow the trainee to behave like he/she will in a real fashion. Apprenticeships are *on the job training* where more experienced and skilled employees train less skilled employees to acquire technical knowledge and skills

EAP (Employee Assistance Program) counselors

provide support and guidance to employees as needed or upon request. Confidentiality is a core element of these programs. They can and should urge an employee to report claims of any harassment to HR and the employee should be protected based on anti-retaliation and confidentiality

Consumer-Directed Health Plan (CDHP)

provide tax-favored accounts to pay for medical expenses and may allow employees to any provider; carry high deductibles, low to no co-insurance after deductible reached

what test is best suited for testing a candidate's coordination and ability to manually manipulate the body to perform a physical movement?

psychomotor assessment test

Two types of sexual harassment

quid pro quo (this for that) hostile environment victims do not need to suffer loss, but harassment needs to be pervasive or sever employees who voice discomfort may quest that the environment be changed. if an employer fails to correct the offensive environment, employees may press charges without needing to demonstrate physical or psychological damage

Willful OSHA violation

range from 5K to 70K per violation

forced-distribution rating system

rating system that requires evaluators to place employees into performance categories based on a predetermined percentage of employees in different categories (low, moderate, high, poor, below average, above average, etc)

COBRA (Consolidated Omnibus Budget Reconciliation Act) Cont..

requires that all employers with 20 or more employees continue the availability of health-care benefits coverage and protects employees from the potential economic hardship of losing these benefits when they are terminated, working reduced hours, or quit also provides coverage to the employee's spouse and dependents as qualified beneficiaries typically the employee and qualified beneficiaries are entitled to 18 months of continued coverage. - some instances will extend coverage for up to an additional 18 months - **coverage will be lost if the employer terminates group coverage, premium payments are not received, or new coverage becomes available**

OSHA occupational injuries and reporting

requires that any occupational injury or illness be recorded if it results in medical treatment that goes beyond first aid, restricted work activity or job transfer, time away from work, loss of consciousness or death incident that results in an inpatient hospitalization must be reported within 24 hours, and any incident resulting in an employee's death must be reported to the nearest OSHA office within 8 hours for each recordable illness or injury, OSHA Form 301 Injury and Illness Incident Report must be completed within 7 calendar days Employers are obligated to keep a log of all incidents on OSHA Form 300 Log of Work-Related Injuries and Illnesses, and a concise report of annual incidents should be reported on OSHA Form 300A Summary of Work-Related Injuries and Illnesses at the end of each year Forms 300 and 300A should be posted no later than Feb 1 and through Apr 30, and all documentation should be kept for 5 years so it is available on request for examination Any procedure or doctor's visit that can be labeled as first aid does not need to be recorded, but any needle-stick injury, cut from a sharp object contaminated with another person's blood, or incision that requires stitches should be reported

Taft-Hartley Act

requires that union and management negotiate on wages, hours, and other terms or conditions of employment passed by Congress because employers felt the NLRA gave too much power to unions Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Labor-Management Relations Act (LMRA) - requires negotiaion between both parties addresses 4 basic issues: ULPs by unions, the rights of employees, the rights of employers, and national emergency strikes

OBRA (Omnibus Budget Reconciliation Act)

requires: group health plans honor qualified medical child support orders tax deductions for execs be capped at 1mil per year group health coverage be offered for children placed for adoption before the adoption is final

Permanent Arbitrator

resolves conflicts for the life of the contract

what HR function is most unlikely to be outsourced

resource planning HR planning is a process that identifies current and future HR needs for an organization to achieve its goals. HR planning should serve as a link between HR management and the overall strategic plan of an organization. an outside perspective may be helpful, but only the internal team can determine current and future HR needs

Taft-Hartley Act prohibits unions from..

restraining or coercing employees from their right to not engage in union activities forcing an employer to discriminate in any way against an employee to encourage or discourage union membership forcing an employer to pay for work or services that are not needed or performed conducting certain types of strikes or boycotts charging excessive initiation fees or membership dues when employees are required to join a union shop

Featherbedding

restrictive work rules that require more employees than are necessary to perform a job an illegal activity in which unions force employers to hire more employees that necessary. - ex: union attempts to protect jobs that have become unnecessary due to industry evolution or innovation - NLRB ruled that featherbedding doesn't prevent unions from seeking employment for members even when employers claim they're not needed Supreme Court upheld that it's only illegal when it results in payment for services not performed and that job necessity should be decided during collective bargaining negotiations

Federal Wage Garnishment Law

restricts the amount of the paycheck (disposable earnings) that can be withheld from an employee's income in a pay period to satisfy a wage garnishment order for failure to pay a debt **Amount is restricted to 25% of weekly earnings, or 30 times the FLSA minimum wage, whichever is less**

you hear that some HR staff are unhappy being left out of important decisions. The project requires many meetings over several months, and it's difficult to accommodate all 6 HR staff schedules. As it stands now, waiting to schedule meetings when all can attend is delaying the entire project. How would you approach this discontent with the HR staff?

select a small HR project team - two other employees besides yourself - to attend all meetings. Explain that this small team will have the authority to make decisions on HR's behalf because the project schedule is at risk, a small HR project team should be organized to participate in all meetings for the sake of efficiency. the other HR staff should have trust in the project participants to make configuration decision that are best for their group. project team should provide regular updates to the others but waiting to make decisions after an internal discussion will only delay the project further

when an organization assumes direct payment for its employee's medical claims rather than partnering with an insurance provider for coverage, what is it called?

self-funded insurance plan when an organization is self-funded, or self-insured, it typically purchases stop-loss coverage for larger claims over a predefined amount, but pay for all other claims directly

what is a funding feature of a health plan

self-insurance. health insurance are funded in two pays: Fully insure (there is an insurance carrier to whom the employer pays a premium vs Self-Insured (Self-funded, employer operates their own pension plan) Health Plans

One of your direct reports is quiet, conscious, and detail-oriented. Doesn't speak often in team meetings, but logical and fact based Jason never stops talking, likes to exaggerate, creative, easy-going, excellent at problem-solving Given the quiet one's personality, how would you go about delivering a work assignment to him?

send an email with the work assignment details, with the explanation that you will discuss it at your next regularly scheduled one-on-one meeting individuals who are thoughtful and fact based typically prefer to 'digest' information before asking questions or responding. sending an email ahead of the meeting would allow him time to consider all his questions or concerns before having a direct conversation. Also not feasible to give out work based on employee preference

The Equal pay act allows differences in pay based on..

seniority systems, merit or performance, quantity or quality of production, but not for differences in pay based on age

on which main concept is the interest-based relational approach to conflict resolution based?

separate people from problems the interest-based relational approach emphasizes a fact-based approach to conversations about conflict. The two parties should practice active listening, remain calm, and focus on the facts of the conflict at hand rather than letting emotions influence the decision

Hall Model of Organizational Culture

separates cultural relationships into two classes: high and low contrast

Fair Labor Standards Act (FLSA)

sets minimum wages, maximum hours, child labor standards, and overtime pay provisions for most employees administered by the Wage and Hour Division of the DOL purpose of minimum wage standards to ensure a living wage and for low-income families, minority workers, and women to reduce poverty child labor provisions protect minors from positions that can be harmful or detrimental to their health or well-being and regulates hours minors can legally work also outlines requirements for employers to keep records of hours, wages, and related payroll items

Safety Data Sheet (SDS)

sheet that provides information on the safe use of and hazards of chemicals, as well as emergency steps to take in the event chemicals are splashed, sprayed, or ingested required to comply with OSHA

Social Media Policies

should identify corporate leaders who are responsible for social media communications and explain how improper posts will be handled

the union recognition process includes

signing of authorization cards demand for recognition election petitions are made to the NLRB for elections

Behavior Observation Scale (BOS)

similar to BARS, but with greater focus on frequency of behavior than on quality of performance, ex: sliding scale of always, sometimes, never

Point of Service Plan (POS)

similar to PPOs with *Primary Care Physician referrals* of HMO plans; fees are paid by deductibles, co-insurance, co-pay employee must submit reimbursement clains

Volunteer Programs (details and exclusions)

some provide employees with supplemental time off during work hours some employers will impose exclusions where only employees with satisfactory performance are eligible, or requiring manager approval to ensure time off won't conflict with scheduling/productivity intended to help communities and also help employees develop soft skills desirable workplace traits cultivated by volunteering: understanding, sensitivity, empathy, collaboration, communication, leadership when you can connect the volunteering program with diversity, they can build an inclusive workplace, cultural competence, ability to get along with others from diverse backgrounds

Civil Rights Act Section 703(e)

states that it is *legal to discriminate on the basis of sex, religion, or national origin in special occasions where the specified characteristic is a "bona fide occupational qualification" (BFOQ) and reasonable necessary to normal operations and the survival of that particular business or enterprise"

psychologist bruce tuckman developed the 'Forming, Storming, Norming, and Performing' concept to describe the team formation process. Oftentimes, teams may move back and forth between which two stages when faced with a new task?

storming and norming teams often will relapse from the norming stage back into storming when faced with new challenges

What determines if the NLRB will consider an acquiring owner to be a successful employer?

substantial continuity of operations *and* similarity of operations and products when a company with Collective Bargaining Agreements (CBA) is acquired, the new company may be required to maintain the CBAs. The NLRB will consider the new company as a successor employer when there is a significant continuity and similarity of operations; the number of employees absorbed into the new company and the agreement with the previous employer

to calculate the amount an employee will receive after co-insurance/premiums

subtract the deductible from the total amount owed, then multiple by the rate percentage that insurance covers. i.e. 50,200 with 80% co-insurance and a $200 deductible... 50,200 - 200 = 50,000(.80) = 40.000 given by insurance

A nine-box grid is an effective tool that compares an employee's performance with his/her potential for advancement. What is it most commonly used for?

succession planning. a nine-box grid is a matrix with three degrees of performance on one axis and 3 levels of potential on the other. Names are generally plotted in the different grid squares to identify individuals who have potential to move into leadership roles for the company

Which type of employee must be excluded from bargaining units as per the NLRA

supervisors are to be excluded from bargaining units under the NLRA if they have independent judgment to make personnel decisions such as hiring, terminating, or promoting

the technique of behavior modeling (copying) has been most effectively used in

supervisory skills training programs it is a useful way to help people learn and apply good relationship-building and communication skills. it is used most effectively for training new supervisors and managers

defined by the UN Brundtland commission as 'development that meets the needs of the present without compromising the ability of future generations to meet their own needs'

sustainability

5 Key characteristics of a learning organization

systematic problem-solving - for identifying and solving problems help organizations implement solutions experimentation - with improvement methods to increase production and efficiencies learning from past experiences, customers, competitors, help organizations examine reasons for failures to avoid future mistakes learning from others transferring knowledge - new information, using many means to communicate i.e reporting tools and presentations

what would be the most effective practice to improve communications between two offices in different countries/areas?

the most effective approach to improve daily communication is a short status call that occurs every day. The attendees can discuss pressing topics for the day or just catch up, and this allows attendees to build relationships and feel connected

The ADEA includes an eXception

that allows state and local governments to set mandatory retirement ages (usually over 55 years) for firefighters and law enforcement officers

attrition (restrictive hiring) hiring freeze

the act of reducing the workplace by not replacing individuals who leave - only absolutely essential roles critical to strategic business success are filled. typically used to avoid layoffs in times of financial burden hiring freeze: least painful way to reduce labor costs -'hard freeze' - all open positions remain open indefinitely, 'soft freeze' only nonessential roles will remain open

Andragogy

the art and science of teaching adult learners - made popular by Malcolm Knowles - assumes adult learners are independent with internal motivation + readiness to learn, plus a problem-centered orientation to learning

Performance Improvement Plans (PIP) are best used when..

the behavior that needs correcting is quantifiable. If there's an isolated incident of inappropriate comments that many employees reported for one person, it's best to enroll only that person in diversity/inclusion/coaching program

Qualifying Events under FMLA include..

the birth or adoption of a new child the employee's own serious health condition that involves a period of incapacity an ill spouse, child, or parent who requires the employee's care the spouse, child, or parent of a person on or about to be on active military duty that qualifies

glass ceiling

the condition in which many women experience subtle forms of discrimination that limit their career advancement indentifies 3 barriers to woman and minorities from getting into senior management positions: governmental, societal, and internal structural

Task cohesion

the degree to which (how well) group members work together to achieve common goals and objectives.

what is an important criteria in defining an employee's behavior as insubordination?

the employer making a clear directive to the employee defining an employee's behavior as insubordination must meet 3 criteria: the employer gives a clear directive to the employee, and the employee acknowledges the directive in some manner and then refuses to follow directions

Best practice for initial completion of the US Citizen and Immigration Services (USCIS) Form I-9 does NOT include that:

the employer may specify that the employee should supply a passport to verify identity. the employer should provide a comprehensive list of acceptable documentation to an employee and allow him/her to choose the documentation that meets the criteria. Requiring a passport would discriminate against those who are not US citizens

to be eligible for unemployment benefits

the employer must classify the individual as an employee, and not an independent contractor because independent contractors are regarded as self-employed and are not eligible for state unemployment benefits

Federal Insurance Contributions Act (FICA) is

the federal law that requires employers to withhold three separate taxes from an employee's wage. 6.2% Social Security 1.45% Medicare 0.9% Medicare surtax when the employee earns over 200K. Law also requires employer to pay Social and Medicare at the same rates, but not the surtax

what is the first step in the strategic planning process?

the first step is always to collect and anaylze the applicable data prior to setting goals, etc

when an idea for a bill originates from an individual or business outside of Congress...

the idea must first be submitted to a Member of Congress (MOC). This MOC may be either a senator or a representative. The MOC will then sponsor the bill by submitting it to the part of Congress where he/she works, and the bill will begin its journey through legislation

procedural justice

the perception of how fair the process of arriving at pay ranges are perceived to be. distributive justice indicates how closely pay reflects performance. pay equity is the means of eliminating race and sex discrimination from pay or wages equity pay is a form of non-cash compensation that offers a form of ownership interest in a company

Strategic Alignment

the process of modifying organizational systems and structures to support the competitive strategy and meet goals

power distance

the social acceptability of power distinctions, i.e. rich vs. poor. In lower-power distance societies, high-power distance is regarded as undesirable, and inequalities are kept to a minimum. In high-power distance societies, power differences or castes are generally accepted.

Under the PPACA, what is the period of time during which an employer must offer coverage to those employees who are considered full time called?

the stability period is the duration of time that coverage must be offered to all full-time employees. This period of time must be at least 6 months, and not less than the defined measurement period

job rotation, job enlargement, job enrichment

the systematic movement of employees from one job to another within the organization as a way to acheive different HR objectives such as orienting new employees, training them, enriching career development, etc. **it is not a recruitment strategy**

For temps working with chemicals, (OSHA)

the temp agency employer would provide generic hazard training and info concerning the chemicals the employees might encounter, while the host employer is responsible for providing site-specific hazard training

engagement

the total of employee attitudes and behaviors in the organization, which may be characterized by belief in the organization, respect and support for others, drive to work and make improvements, and desire to learn. True engagement is an emotional commitment in which employees believe in, value, and receive fulfillment in the work

bargaining unit is determined when

the unit shares a community of interests in wages, hours, and other conditions of employment. In the Sturgis case, the NLRB used 'a community of interest test' to ascertain that temporary employees have enough mutual interest with regular employees in wages, scheduling and working conditions to form a collective bargaining unit

when employer-provided group term life insurance exceeds $50,000 for an employee...

the value of the excess coverage (imputed income) must be reported as income and is subject to Social and Medicare Taxes (tax deductions)

with someone not delegating their work, what could be the most damaging repercussion to the organization?

their direct reports would likely feel idle and underutilized, thus reducing engagement. the most damaging is the impact on ___'s direct reports. If they feel idle and underutilized, this could prompt poor morale and increased turnover across the team

unobtrusive data collection

those techniques of acquiring information from participants that do not require direct contact with the participants - nature and the way it is obtained do not influence how employees behave

HR's primary role in a customer-focused organization

to align employee behavior - training communications and performance management

When FMLA leave is foreseeable, an employee is to give the employer 30 days notice, and the employer is required...

to give the employee 15 days to submit medical certification to support this request

what is the most important reason why performance evaluations should be documented?

to help defend employment actions, positive or negative perf evals have a significant impact on salary administration, performance feedback, promotions and training. These significant employment actions require documentation above all else, to identify the basis upon which they were taken

the most important thing to communicate to obtain employee buy-in is

to provide employees with a side-by-side comparison of the old plan and new plan to help them understand and more readily accept the changes (detail how it will affect them)

Strike

to refuse to work in order to force an employer to exert influence or meet certain demands **Strikes and lockouts only permissible after a deadlock has been reached on mandatory bargaining items**

OSHA general duty clause does not include a requirement

to take workplace violence prevention training

Homeland Security Act of 2002

transferred control of immigration from DOJ to the Department of Homeland Security's 2 bureaus: the Immigration and Customs Enforcement (ICE) and the US Customs and Immigration Services (USCIS) USCIS - designed the I-9. New employees of all US employers are required to complete and sign the I-9 I-9: requires 2 types of verification: 1. proof of identity 2. evidence of employment authorization I-9 must be completely executed by both the employer and employee within 3 days of hire employers must retain these forms for 3 years or one year past termination, whichever is longer

Short Term Disability

typically runs for 90 to 180 days, providing employees with 60 to 75 percent wage replacement following a short waiting period

Long-term forecasting (for planning employment needs)

unit demand, probabilistic models and simulations, trend projections and regression analysis.

salary surveys

used to determine current market trends in setting pay levels conducted with numerous employers to determine pay levels for specific job categories and are generally conducted by region, sector, or job classification

linear regression

used when there is only one independent variable

an employee who holds a non-exempt position under the FLSA

uses a percentage of his/her time performing routine, manual, or clerical work

what are the sequence of steps for a progressive disciplinary process?

verbal warning, written warning, final warning, suspension, termination

Qualifying events for COBRA include..

voluntary or involuntary termination for any reason other than gross misconduct reduction in hours that would otherwise result in loss of coverage divorce or legal separation from the employee death of the employee the employee becoming disabled and entitled to Medicare the dependent no longer being a dependent child under plan rules (older than 26)

wildcat strike

when a group of workers walks off the job in violation of valid labor agreements and usually against orders from the union unannounced industrial action in violation of a contract clause prohibiting strikes

secondary boycott

when a union encourages third parties such as customers and suppliers to stop doing business with a company. Taft-Hartley Act makes these illegal.

in-basket excercise

when an individual is given a stack of business papers and has to prioritize the items and make decisions about them. used at assessments centers, along with role plays, mock interviews, and presentations to evaluate individual's suitability for management positions

picketing is unlawful...

when another union has been lawfully recognized as the bargaining representative when a representation election was held within the previous 12 months when a representation election is not filed within 30 days of the start of the picketing

Strategic Planning Process (4 Qs)

where are we now? where do we want to be? how will we get there? how will we know when we arrive? is an organization's process of defining its direction, and making decisions on allocating its resources to pursue same. It is a top-level process done by senior executives, *NOT BY HR and IS NOT SUBJECT TO AN HR AUDIT** **irrelevant to analyze the past**

Internal Direction vs. Outer Direction

who is in control? (autonomy vs. strict)

decentralized organization

wide, provide more autonomy and responsibility to middle and lower level staff, allow for more active involvement from more employees

Kirkpatrick's Results Level evaluation

will determine tangible business results of the training process in terms of reduced cost, improved quality, increased production, and effects on the bottom line an increase in knowledge and skills will be analyzed at the LEarning level evaluation

OSHA violations are categorized as

willful, serious, other than serious, de minimis, failure to abate, and repeated.

COBRA allows for an employee who is disabled...

within 60 days of a reduction in hours to be eligible for the general 18 months plus an additional 11 - totaling 29 months

Public Domain Works

works that can be freely used by the public because their creators no longer have an exclusive right to restrict or receive a royalty for their reproduction or use works published in the US prior to 1923 and past the life of the author plus 70 years

OSHA requires what for compliance with its blood-borne pathogens standard?

written exposure control plan that details preventative steps against the spread of blood-borne pathogens

yellow dog contract

written statements/contracts some employers forced workers to sign that made the workers promise not to join/encourage a union, that they aren't in a union, and they accept the company as non-union court injunction used to enforce these contracts (cease particular action or be found in contempt and pay fines/prison)


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