CSP Practice Exam Flash Cards - 1

A key factor in determining exempt status is/are JOB DUTIES

True

A significant number of states require search and placement firms to be licensed.

True

ABC Staffing is a government contractor with contracts of about %50,000. Must they establish annual hiring benchmarks for protected veterans?

True

According to the Older Worker's Benefit Protection Act, releases used for employees 40 or older must contain certain provisions to effectively release claims of age discrimination.

True

State regulations specific to PEOs generally pertain to LICENSNING OR REGISTRATION, UNEMPLOYMENT COMPENSATION, AND WORKERS COMPENSATION

True

Temporary employees ARE NOT likely to be eligible for membership to a union representing the client's employees

True

The IRS currently encourages employers to use three standards as a training guideline to determine if a worker should be classified as an independent contractor or employee.

True

The courts have been able to infer implied promises of a job security in all of the following, personnel policies set forth in a supervisory manual, employee handbooks and offer letters, but NOT in FORMS I-9

True

The federal Equal Employment Opportunity Commission has issued regulations that require employers to only use criminal records to the extent that they are relevant to the job duties to be performed.

True

The federal Occupational Safety and Health Administration is responsible for safety compliance in PA

True

To reduce the risk of IRCA violations, make sure the employee has a completed Form i-9 on file, and that all necessary signatures, both employer and employee, are on the form

True

Under FLMA, the definition of a "spouse," DOES include same-sex spouse

True

Under OSHA guidelines, staffing agencies are responsible for generic hazard communication training. Host employers (clients) are responsible for site-specific training.

True

Under certain circumstances, assigned temporary employees may become eligible for client's benefits

True

Under federal law, it is lawful for an employer to refuse to hire his nephew.

True

Under the ADA, an employer may ask applicants, "Are you currently using illegal drugs?"

True

Under the FLSA the client company and staffing firm are considered joint employers

True

Under the FLSA, employers can pay a subminimum or "youth minimum" rate to individuals up to 20 years old for a period of 90 calendar days.

True

Under the workers' compensation law, an employee is required to give notice of an injury that occurs during employment within 21 days of the injury, but failure to report is excusable for up to 120 days.

True

Willful violations of the FLSA may be prosecuted criminally and the violator may be fined up to $10,000. A second conviction for such a violation may result in imprisonment.

True

With respect to staffing firms, the relevant work site for the 75 mile radius test is the staffing office that assigned the employee to a client, and not the client's work site. A temporary employee who satisfies these criteria would be eligible for FMAL Leave.

True

You have placed several temporary employees at a large financial firm. The firm gave the employees access to email that can be used outside of the office. Your temporary employee spends about 30 minutes a night answering emails from home. Must your agency pay her for this time?

True

You may refuse to hire walk-in candidates.

True

ABC Staffing Firm regulary contracts applicants' former employers as part of a routine reference check, and then provides reference information to their clients. Under these circumstances, all of the following are required to exclude the reference information from being considered a consumer report.

1. Prior consent (oral or written) from the candidate to make the reference check. 2. Written disclosure to the candidate of the nature and substance of all information in the file (sources need not be disclosed) within five dates of a requiest. 3. Written confirmation by the candidate of any oral consent within three business days. 4. Written notification to the candidate of the right to request the "nature and substance" of any information in the candidate's file at the time the information is requested. 5. Prior consent from the candidate to communicate the reference information to the prospective employer.

Which of the following forms does not provide acceptable proof of both identity and work authorization for the Form I-9 purposes?

Certification of birth abroad issued by the Department of State

PA law requires that employees be paid overtime not less than what?

1 1/2 times their regular pay rate for hours worked in excess of 40 hours per week.

An employee may qualify for subsidized health coverage from a public health insurance exchange under the following circumstances

1. The employer offers a minimum essential coverage plan but the plan does not provide "minimum value" 2. The employee's share of the premium for self-only coverage under the employer's plan exceeds a specified percentage of the employee's wages.

Jerry was an employee of FedCo when he was called to active duty by the U.S. Army. Jerry was released from active duty three years later. How long dies Jerry have to apply for reemployment with FedCo under the federal Uniformed Services Employment and Re-Employment Rights Act?

90 Days

Anthony is the Personnel Director for FedCo. He was recently asked by his boss to clean out his messy office. However, Anthony stores all of FedCo's personnel and employment records in his office. Under the federal law, FedCo must keep employment records for how long after the date the record is made or the action is taken (whichever is later)?

One Year

In making hiring and other employment decisions ______________.

Only certain state laws protect against discrimination on the basis of sexual orientation. Sexual orientation is not protected at the federal level.

Which of the following is NOT part of the ASA code of ethics and good practices

Staffing firms must offer benefits to all workers

In a temporary staffing situation, who is considered the employer for FMLA purposes?

The temporary staffing company and the client are considered joint employers

PA has no law regulating drug testing in employment.

True

The most common exception to the employment-at-will rule is that the termination is contrary to public policy. Which of the following is NOT a type of public policy. violation

An employee is terminated for repeated violations of the company's punctuality policy.

The following describes which factor under the IRS independent contractor three factor test? 'This factor focuses on the level of control the putative employer has over the manner and means with which the worker performs the job.

Behavioral control

A temporary employee working on an assignment requests to speak with you about a harassment situation. However, the employee will only confide in you if complete confidentiality is promised. Can you make this promise?

False

ABC Staffing has a client that prefers to have a woman answer the phone. The client thinks a woman creates a warmer and more welcoming environment. For this situation, being a woman would likely be considered a bona fide occupational qualification under PA law.

False

An employee may be fired for refusing to perform a task, even if that task is illegal.

False

Anthony is a non managerial employee of FedCo who recently turned 65. FedCo has a mandatory retirement policy that requires Jerry to retire. Under the policy, Jerry will receive an annual retirement benefit of $45,000. Under federal law, is FedCo's mandatory retirement policy lawful?

False

Because of his intoxication, Henry fell while working on an assignment with Talented Staffing and injured his leg. Under PA law, does Henry need to be compensated for time out of work due to his injury?

False

FLSA regulations pre-empt state wage and hour laws, regardless of whether the state laws are the same as the federal FLSA regulations

False

For certain purposes, the federal tax law defines part-time as less than 37.5 hours per week.

False

If a staffing company's client is resistant to utilizing disabled employees and requests that only able-bodied individuals be assigned, that is not discrimination and therefore is legal.

False

In employee leasing, a service that offers human resource outsourcing, the leasing firm assumes the legal but not the administrative responsibilities of an employer for certain functions.

False

Judy accepted an offer of employment at ABC Staffing Company for a 2-day job. After accepting the offer, she realized that she lost her social security card and does not have another document to prove work authorization. She has applied for a new social security card but it has not arrived yet. Can ABC Staffing Company use the receipt as prove of eligibility to work in the US for this 2-day position?

False

PA law requires employers to pay employees' wages weekly.

False

PA's law prohibiting age discrimination protects individuals regardless of their age.

False

Part-time workers are generally hired by staffing firms, whereas temporary employees generally are hired directly by staffing clients.

False

Policies requiring pregnant employees to take leave automatically at a specified time during pregnancy are permissible

False

Sexual orientation discrimination is prohibited in the state of Pennsylvania.

False

Talented Staffing pays its employees on the 16th and the last day of each month. Is this permissible under PA Law?

False

The USCIS has advised staffing firms to always list the date of hire on the i-9 form as the first day of a temporary worker's first assignemtn

False

The use of criminal history record information is prohibited in the state of Pennsylvania, except where the occupation requires interaction with children.

False

Under FLSA rules, an employee may not work under two or more exemptions in a given work week.

False

Under Federal Law are employers prohibited from refusing to hire candidates based on lawful conduct such as use of alcohol, smoking or gun ownership?

False

Under OSHA guidance, the client company has full responsibility for ensuring temporary workers have adequate training for the potential chemical hazards in their work environment. The staffing agency is not required to validate that training takes place.

False

With the exception of the hourly-paid creative professional exemption, an exempt, white-collar employee must be paid on a salary basis

False

Zenna Designs is a small training company in PA employing only 3 people. Is Zenna Designs covered under the PA Human Relations Act?

False

Staffing firms may terminate employees due to their union activities

False - According to the NLRA and applicable case law, terminating an employee for engaging in union activities constitutes an unfair labor practice.

Professional employer organizations (PEO) generally recruit workers from the labor market and assign them to clients.

False - PEOs generally are not involved with the recruitment process

Clients using temporary employees are obligated to verify that the workers may legally work within the U.S.

False - Staffing firms, and not their clients are obligated to establish temporary employees' work authorization through completion of the Form I-9

Clients are generally co-employers of temporary employees because they recruit them, hire them, give them raises and bonuses.

False - clients control and direct the day-to-day activities of the employees.

NQR Staffing would like to pay non-exempt employees comp time rather than overtime. Is this allowable under the FLSA rules?

False.

Which states require staffing firms to provide written notice regarding job assignments?

Massachusetts California New York

Your agency only performs search and placement services. Does your agency still have co-employment liability?

No.

Can the use of E-Verify be a substitute for the i-9 verification?

No

Does the FMLA required paid leave?

No

For workers' compensation purposes _________ states have taken the view that a client's control of an employee's activities at the worksite is grounds for holing the client directly liable for paying workers' compensation claims.

Some

In a PEO relationship, who has operational responsibility and day to day control over the workers.

The client

Harold was terminated from ABC Staffing for excessive absenteeism. How many days does ABC Staffing have to pay Harold his final wages?

The employee must be paid the day following the discharge.

Generally, for which of the following reasons may recruiters lawfully refuse to hire applicants?

They have poor hygiene

For how long must an employer keep payroll records

Three Years

Staffing firms that classify contract workers as "independent contractors" expose THEMSELVES AND POSSIBLY THEIR CLIENTS to liability for unpaid employment taxes

True

After working on assignment at GRS's client ABC Co. for six months, Charlie has an unfortunate accident. Barbells weighing 200 pounds fall off a shelf and onto his head. He is knocked unconscious and is taken to the hospital. He wakes up in the hospital with a bad headache, a serious concussion, and a medical treatment plan that calls for two weeks of bed rest. Two weeks later, Charlie reports back to ABC Co., but he is not himself. He begins to behave erratically, yelling and cursing at co-workers, throwing heavy equipment around, and making faces at supervisors. ABC Co. thinks it's the aftereffects of the concussion and tells John, GRS's staffing coordinator, to "take care of this problem." John then speaks to Charlie. Charlie tells him that he wants to keep his job. The knock on the head has brought about the re-emergence of a mental disorder caused by his prior drug use that was in remission before the accident. He tells John that he has medication at home for it, but it will take at least two weeks for it to start working. John is unsure what to do. Could Charlie be lawfully discharged for his workplace misconduct?

True

An application form may state that intentionally false answers may be grounds for discharge

True

Any person who wants to file a charge of discrimination with the PA Human Relations Commission must do so within 180 days of the alleged discriminatory occurrence.

True

Before offering a candidate a particular assignment, it is advisable to ask about the candidate's prior employment history and references

True

Behavioral control, financial control, and the relationship of parties are the three standards provided by the IRS to determine employee vs. independent contractor status.

True

Clients may insulate themselves from liability for benefits to staffing firm employees by using benefit plan exclusions and employee waivers.

True

Co-Employment is likely to exist in most staffing arrangements. Both the client and the staffing company must understand their obligations

True

Courts have held that an employer's failure to post the EEOC notice may extend an employee's time for filing a discrimination charge against the employer

True

During a routine quality check, your contract employee shares with you that the company he is placed at is so busy he does not have time for a lunch break. Could this situation pose liability for your staffing firm?

True

Employees bring wrongful discharge lawsuits against their employers under a variety of theories. Some of the most common include that the termination is contrary to public policy, the employer agreed, implicitly or expressly, to terminate the employee only for unsatisfactory job performance or other good cause, or if the termination violates the covenant of good faith and fair dealing.

True

Employment tax liability is one area in which firms generally have been viewed as the sole employer.

True

Exemption status under FLSA rules are determined on a WORK WEEK basis

True

For an employer's health plan to satisfy "minimum value" under the ACA, the actuarial value of the plan's share of the cost of benefits must be at least 60% and must cover in-patient hospital and physician services.

True

For employees unwilling to consent to drug testing, you generally may refuse to employ them or declare them ineligible to receive assignments with clients that insist upon drug testing.

True

For the purposes of the I-9 form, a staffing agency may rehire an employee within THREE year(s) of their last day worked

True

Generally, if two equally qualified persons apply for a position, the staffing firm lawfully may choose the applicant who is a relative or friend

True

Guru Executive Placements, a small permanent placement company, employs only four people. Would Guru be covered under the Pennsylvania Human Relations Act?

True

If there is an FLSA investigation and an investigator shows up at your staffing company office to inspect your books, it may be prudent to consult an attorney who is experienced in wage and hour matters before allowing the investigator access to the company's records and attempt to learn why the investigation is being conducted.

True

In a failure-to-hire lawsuit, an employer should expect a thorough examination of its QUESTIONS, ADVERTISEMENTS, APPLICATION FORMS, AND TESTS.

True

In many states, workers' compensation claims may be denied if the employee tests positive for drug or alcohol during post-accident testing.

True

Indicate yes or no whether it is appropriate for an employer to ask questions about the following topic after a particular assignment is offered: worker's compensation history.

True

Individuals filing a complaint with the OFCCP for discrimination violation based on a veteran status have 300 days from the alleged violation to file a claim.

True

It is UNLAWFUL for an employer to make the assumption that women cannot lift boxes over 35 pounds and, therefore, cannot be placed on certain job assignments that require heavy lifting.

True

NQR Staffing Firm uses the fillable PDF version of the 1-9 form. Are they still required to print and sign the form

True

Rose is John's next interview. John quickly realizes that Rose's English is marginal. He has to ask her to repeat herself several times to be understood. When John asks Rose where she was born and how long she has been in the U.S., Rose refuses to answer. Rose then does well on a typing test, but poorly on a general honesty test. After John tells her that he will call her if anything opens up, she leaves. They never discuss anything else. John writes on her application form, "Do not use. Heavy Spanish accent, low honesty score." was it appropriate for John to write, "Do not use. Heavy Spanish accent" on her application form (and thus prevent her from receiving any assignments)?

True

Some of FedCo's client work sites are more than 75 miles away from FedCo's office. Will the temporary employee at those sites be counted in determining eligibility for employees to take the leave under the federal Family and Medical Leave Act?

True - To be eligible for FMLA leave, an employee must have worked for his or her employer for at least 12 months, for at least 1250 hours during the 12 month period preceding the start of the leave, and be employed at a work site where the employer employs at least 50 employees within a 75 mile radius.

Work that is occasional or irregular, where the individuals seeking work report voluntarily to a central location, and we are assigned to client job sites as work becomes available is generally called, 'Day Labor."

True - Under the ASA Code of ethics and good practices."

Jennifer believes she was discriminated against by her former employer, so she filed a charge with the Human Relations Commission. However, the commission dismissed the charge. Jennifer may file a lawsuit within two years from the notification of the dismissal.

True.