EXAMINATION DOCUMENT 2026/2027
D352 Employment and Labor Law Exam 5
2026/2027 - Employee Benefits Privacy
Termination Law - 210 Q&A - A+ Graded
Latest Update This Year - Just Released
Verified Solutions - Pass Guaranteed
A+ VERIFIED
WGU D352 - Employee Benefits Privacy Termination Law
ocus: ERISA COBRA HIPAA benefits, employee privacy monitoring, defamation, wrongful termination, WARN Act, non-compete agreemen
,Table of Contents
Section 1: ERISA Fundamentals & Fiduciary Governance - Retirement Plan Integrity 4
Section 2: ERISA Reporting Disclosure & Claims Administration - Participant Rights Assurance
18
Section 3: COBRA Continuation Coverage Triggers - Qualifying Event Framework 35
Section 4: COBRA Notice Election Premium Rules - Compliance Timeline Structure 52
Section 5: HIPAA Portability & Creditable Coverage - Preexisting Condition Limits 68
Section 6: HIPAA Privacy Security Safeguards - PHI Protection Model 82
Section 7: Workplace Privacy & Electronic Monitoring Limits - ECPA & Common Law Balance 95
Section 8: Video Surveillance & Search Privacy Boundaries - Intrusion Analysis 112
Section 9: Employment Defamation & Qualified Reference Privilege - Risk Mitigation Protocol128
Section 10: Wrongful Termination Exceptions - Public Policy & Implied Contract Doctrine 140
Section 11: WARN Act Mass Layoff Notifications - Plant Closing Compliance Formula 160
Section 12: Non-Compete Reasonableness & Trade Secret Defense - Enforceability Matrix 176
Answer Key & Rationales - Comprehensive Solution Guide with Legal Citations 188
This exam contains 210 verified Q&A covering ERISA, COBRA, HIPAA, Privacy Monitoring, Defamation,
Wrongful Termination, WARN Act, and Non-Compete Agreements. Each question includes detailed rationale
highlighted in yellow.
, D352 Exam 5 - Benefits Termination - 2026/2027 Page 4
Question 1: Q1: Under ERISA Section 404, scenario involving fiduciary duty of loyalty and
prudence: Company with defined benefit plan has fiduciary who fiduciaries must act solely in
interest of participants and diversify investments to minimize risk of large losses in a situation
where employee Smith with 5 years service asks about benefit statement. Which rule applies to
this ERISA compliance issue #1?
A. Option A for ERISA - incorrect interpretation suggesting fiduciary duty of loyalty and prudence does not
apply because employer is exempt regardless of size. (Scenario 1 distractor)
B. Option B for ERISA - partially correct but misstates ERISA Section 404 duration or notice period as 30 days
instead of required period. (Scenario 1 distractor)
C. Correct principle: Under ERISA Section 404, fiduciaries must act solely in interest of participants and
diversify investments to minimize risk of large losses requiring employer compliance with fiduciary duty of
loyalty and prudence protections for employees under federal benefits and termination law.
D. Option D for ERISA - incorrect because it confuses ERISA with Title VII or FLSA standards not relevant
here. (Scenario 1 distractor)
Correct Answer: C
Rationale: Correct Answer: C. Under ERISA Section 404, fiduciary duty of loyalty and prudence is a core compliance
obligation. Fiduciaries must act solely in interest of participants and diversify investments to minimize risk of large losses is
required for lawful administration. In this scenario, the employer must follow ERISA Section 404 because ERISA imposes
fiduciary, notice, or reasonableness duties that protect employees. Option C reflects that federal standard accurately.
Other options fail because they misstate applicable thresholds, confuse different statutes, or ignore required notice and
anti-retaliation protections. WGU D352 objective assessment tests this exact distinction to evaluate HR competency in
benefits, privacy, and termination law.
Question 2: Q2: Under ERISA, scenario involving vesting requirements: Company with defined
benefit plan has fiduciary who employees must become entitled to employer contributions after
specified period to protect retirement security in a situation where employee Smith with 5 years
service asks about benefit statement. Which rule applies to this ERISA compliance issue #2?
A. Option A for ERISA - incorrect interpretation suggesting vesting requirements does not apply because
employer is exempt regardless of size. (Scenario 2 distractor)
B. Option B for ERISA - partially correct but misstates ERISA duration or notice period as 30 days instead of
required period. (Scenario 2 distractor)
C. Correct principle: Under ERISA, employees must become entitled to employer contributions after specified
period to protect retirement security requiring employer compliance with vesting requirements protections for
employees under federal benefits and termination law.
D. Option D for ERISA - incorrect because it confuses ERISA with Title VII or FLSA standards not relevant
here. (Scenario 2 distractor)
Correct Answer: C
Rationale: Correct Answer: C. Under ERISA, vesting requirements is a core compliance obligation. Employees must
become entitled to employer contributions after specified period to protect retirement security is required for lawful
administration. In this scenario, the employer must follow ERISA because ERISA imposes fiduciary, notice, or
reasonableness duties that protect employees. Option C reflects that federal standard accurately. Other options fail
because they misstate applicable thresholds, confuse different statutes, or ignore required notice and anti-retaliation
protections. WGU D352 objective assessment tests this exact distinction to evaluate HR competency in benefits, privacy,
and termination law.