CSP Practice Exam Flash Cards

CSP Practice Exam Flash Cards - 1 Which of the following is NOT part of the ASA code of ethics and good practices - Staffing firms must offer benefits to all workers 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 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. NQR Staffing Firm uses the fillable PDF version of the 1-9 form. Are they still required to print and sign the form - 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. Employment tax liability is one area in which firms generally have been viewed as the sole employer. - True 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. 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. 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 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 Does the FMLA required paid leave? - No An employee may be fired for refusing to perform a task, even if that task is illegal. - False 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." 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 Under OSHA guidelines, staffing agencies are responsible for generic hazard communication training. Host employers (clients) are responsible for site-specific training. - True 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 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 For certain purposes, the federal tax law defines part-time as less than 37.5 hours per week. - False Which states require staffing firms to provide written notice regarding job assignments? - Massachusetts California New York In a temporary staffing situation, who is considered the employer for FMLA purposes? - The temporary staffing company and the client are considered joint employers Under FLMA, the definition of a "spouse," DOES include same-sex spouse - True Co-Employment is likely to exist in most staffing arrangements. Both the client and the staffing company must understand their obligations - True 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 Temporary employees ARE NOT likely to be eligible for membership to a union representing the client's employees - 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 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 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.