SHRM-CP Exam 31 Questions with Verified Answers 2023,100% CORRECT

SHRM-CP Exam 31 Questions with Verified Answers 2023 ADDIE model - CORRECT ANSWER 1. Analyze - Assess to determine the need or goals of the training program before launching any actions. 2. Design - where you plan the actions and lay out the ideas for how the program is going to work. 3. Develop - where you create, gather and organize the training materials. 4. Implement - the execution phase. You deliver the training program in this step. 5. Evaluate - Last step in cycle. Review and evaluate the outcomes. National Labor Relations Act (NLRA) (Wagner Act) (1935) - CORRECT ANSWER A 1935 law, also known as the Wagner Act, that guarantees workers the right of collective bargaining. Sets down rules to protect unions and organizers, and created the National Labor Relations Board to regulate labor-managment relations. Federal Insurance Contributions Act (FICA) (1935) - CORRECT ANSWER Federal payroll tax paid by both employees and employers to fund Social Security and Medicare, which provides benefits to retirees, disabled and children of deceased workers. Fair Labor Standards Act (1938) - CORRECT ANSWER Regulates the classification of employees (exempt vs. non-exempt) versus independent contractors. Provides for a minim wage and overtime unless the employee meets an exempt classification. Administrator/Enforcer: DOL's Wage & Hour Division. Does not require employers to provide vacation, sick leave, holiday or severance pay. Labor Management Relations Act (Taft Hartley) (1947) - CORRECT ANSWER 1. Prohibits certain unfair labor practices by unions, protecting management rights 2. Allows states to declare themselves right-to-work 3. Authorized union decertification Equal Pay Act (EPA) (1963) - CORRECT ANSWER Prohibits wage discrimination; requires equal pay for equal work of the same skills, effort, and responsibilities. Consumer Credit Protection Act (CCPA) (1968) - CORRECT ANSWER Sets the national maximum limit on the amount of wages that can be withheld from an employee's wages to satisfy court ordered wage garnishments, such as tax garnishments, domestic relations, court orders such as child support and alimony. Occupational Safety & Health Act (OSHA) (1970) - CORRECT ANSWER • Mandates compliance with Federal health & safety standards • Employers with fewer than 10 employees are exempt from certain reporting requirements Fair Credit Reporting Act (FCRA) (1970) - CORRECT ANSWER • Defines employees' and potential employees' rights regarding employers use of information obtained by reports compiled by third party credit reporting agencies as the basis for employment decisions. • Allows employers to review candidates' or employees' consumer report under certain conditions. You must give disclosure and acquire written authorization prior to acquiring and using consumer reports. • Amended by Fair and Accurate Credit Transactions Act (FACTA) (2003) which added that employers must take reasonable measures to reduce the risk of identity theft and other harm to their EEs, resulting from employer's failure to properly dispose of confidential records. Employee Retirement Income Security Act (ERISA) (1974) - CORRECT ANSWER 1. Ensures employee benefit and welfare plans offered by private industry employers meet certain standards. 2. Under ERISA, Pension Benefit Guarantee Corporation (PBGC), protects retirees' retirement funds; ensures money set aside in trust funds and covers underfunded pension plans. 3. Specifies a plan cannot require more than 1,000 hrs/yr (covering some PT EEs) to be eligible to participate in employer offered plans. Foreign Corrupts Practices Act (FCPA) (1977) - CORRECT ANSWER 1. Prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business. 2. Amended (1988) to permit some "grease" or "facilitating" payments to expedite or secure performance or routine government action. Uniform Guidelines on Employee Selection Procedures (UGESP) (1978) - CORRECT ANSWER Prohibits selection policies and practiced from having an adverse impact on he employment opportunities for any race, sex or ethnic group unless it is a business necessity (BFOQ). Requires employers use only job-related criteria in employment decisions. Immigration Reform & Control Act (IRCA) (1986) - CORRECT ANSWER Ensures employers do not employ or continue to employ aliens unauthorized to work in the U.S. and that employers do not discriminate on basis of citizenship status or national origin. Employee Polygraph Protection Act (EPPA) (1988) - CORRECT ANSWER 1. Prohibits private sector employers from requiring pre-employment polygraph examinations unless employer is in these industries: pharmaceutical, national defense, law enforcement/security (gun carry industry). 2. Permits polygraph testing of certain employees of private sector who are reasonably suspected of involvement in a workplace incident that resulted in specific economic loss or injury to the employer. Uniformed Services Employment & Re-employment Rights Act (USERRA) (1994) - CORRECT ANSWER 1. Prohibits discrimination in employment against past, current or future military service embers. Protects military service workers' employment rights and benefits of employment. 2. If an employee is called up for an active duty (National Guard, Reservist) and they return within 5 years, they must get their job back. 3. They have a maximum of 2 weeks to return to the job after the active duty period ends or job is forfeited. 4. If their job was eliminated (due to mass layoff) during their active duty period, employer doesn't have to reinstate them. 5. Provides military men/women/dependents 24 months of continued health care coverage while on military leave. Health Insurance Portability and Accountability Act (HIPAA) (1996) - CORRECT ANSWER 1. Provides protection for participants and beneficiaries in group health plans, including limiting exclusions for pre-existing conditions and general health conditions. 2. Provides privacy protections for employees against unauthorized disclosure of health-related information. 3. Prohibits employers from using personal health information as a basis for making employment decisions. Sarbanes Oxley Act (SOX) (2002) - CORRECT ANSWER 1. EEs working for publicly traded companies or companies that are require to file certain reports with the SEC are protected from retaliation for reporting alleged violations for mail, wire, bank, or securities fraud; violations of rules or regulations of the SEC; or federal laws relating to fraud against shareholders. 2. Section 306(b) of SOX provides investor protections and requires that participants in "individual account plans" be notified in advance when they will be subject to a "blackout period". 30 days' notice must be provided, but no more than 60 days' notice prior to start of blackout period. Lilly Ledbetter Act (2009) - CORRECT ANSWER 1. Revised the statute of limitations for filing a pay discrimination claim to receive restitution. For each paycheck, or distribution of benefits or other form of compensation marred by discrimination, the statute of limitations renews, creating a rolling open time frame (180 days or 300 days, depending on state of employment). 2. Amended Title VII, ADA, Rehabilitation Act, and ADEA to specify that unlawful discrimination occurs when: 1) "a discriminatory compensation decision is adopted", 2)"when an individual becomes subject to a discriminatory compensation decision or other practice", 3)"when and individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, other compensation is paid, resulting in whole or part from such a decision or other practice." 3. Arose from Ledbetter v. Goodyear Tire & Rubber Co. Supreme Court Case Portal to Portal Act - CORRECT ANSWER • Amendment to FLSA, which further defined what time is considered compensable work time. For exam purposes, as long as an employee is engaged in activities that benefit the employer, regardless of when they are performed, the employer is obligated to pay the employee for his/her time. • Specified travel time to and from work was a normal incident of employment and should not be considered paid working time. Title VII, Civil Rights Act (1964) (1991) - CORRECT ANSWER Prohibits discrimination in all terms and conditions of employment (including pay and benefits) on the basis of race, color, religion, sex, or national origin. (Title VII becomes applicable to employment agencies and labor organizations at 1+ employees). 6/15/20, U.S. Supreme Court (Bostock v. Clayton County GA) extended Title VII discrimination to include sexual orientation and gender identity. Pregnancy Discrimination Act (PDA) (1978) - CORRECT ANSWER • Employers are prohibited from treating pregnant EEs differently than any other employee with a temporary medical issue • Prohibits employers from forcing pregnant EEs into resigning or taking leaves of absence Title I, Americans with Disabilities Act (ADA) (1990) and Amendments Act (ADAA) (2008) - CORRECT ANSWER Protects qualified individuals with disabilities from unlawful discrimination in employment decisions. Discrimination is prohibited if an individual can perform the essential job functions. Employers are required to make reasonable accommodations for such individuals unless doing so would cause the employer undue hardship. ADAAA, the Amendments Act of 2008 (ADAA), removed the mitigation limitation, making it easier for an employee seeing protection under the Act to establish that he/she has a disability. Genetic Information Nondiscrimination Act (GINA) (2008) - CORRECT ANSWER 1. Prohibits health insurers from discriminating based upon genetic information. 2. Prohibits employers from requesting or requiring employers or family members to provide genetic information. Age Discrimination in Employment Act (ADEA) (1967) - CORRECT ANSWER 1. Prohibits discrimination in employment decisions and health benefits for persons age 40 and over. 2. Prohibits mandatory retirement ages. 3. Executives over the age 65 and highly compensated executives may be forced to retire while others cannot Consolidated Omnibus Budget Reconciliation Act (COBRA) (1985) - CORRECT ANSWER Requires employers to permit employees to extend their health insurance coverage at group rates for up to 36 months following a qualifying event (18 month normally, 29 months for disabled workers, and 36 months for dependents of workers). Family Medical Leave Act (FMLA) (1993) - CORRECT ANSWER 1. Mandates employees who have worked at least 12 months and at lease 1,250 hours in the previous 12 months are eligible to take up to 12 weeks leave during any 12-monht period for the purposes of: birth, adoption, or foster care of a child; caring for a spouse, child, or parent who has a serious health condition; or serious health condition of the employee. 2. National Defense Authorization Act of 2008 amended FMLA to allow a spouse, parent, son, daughter or next of kin up to 26 weeks to care for a member of the armed services suffering injuries or illness sustained while on active duty. Allows 12 weeks unpaid leave for a "qualifying exigency" for a son, daughter, parent or spouse on active duty. 3. Employer with 50 or more employees within 75-mile radius must provide FML. The Patient Protection and Affordable Care Act (2010) - CORRECT ANSWER 1. Purpose - ensure all Americans have access to quality, affordable health care. 2. Eliminates lifetime annual limits on benefits and prohibits cancellations (rescissions) of health insurance polices due to health problems. 3. Requires preventative services and immunizations coverage and extends dependent coverage up to age 26. 4. Provides assistance to those uninsured due to pre-existing conditions. 5. Caps insurance company's non-medical, administrative expenditures. 6. Ensures consumers have access to an effect appeals process and provides a source for assistance in navigating the appeals process and accessing their coverage. 7. Facilitates simplification of health insurance administration to lower health system costs and established portal to assist Americans with identifying coverage options and uniform coverage documents to ease in comparing coverage when shopping for health insurance. 8. Created temporary re-insurance program to support coverage for early retirees. Worker Adjustment & Retraining Notification Act (WARN) (1989) - CORRECT ANSWER Requires employers to give 60-day advance notice of plant closings or layoffs. Mass layoff is when 50 or more employees are to lose their jobs and these 50 represent 33%+ of the workers at their location or anytime there is a layoff of 500+ workers. Exceptions (when employer is NOT required to give 60-days' WARN notice): Acts of God, unforeseen business circumstances, publicizing state-of-affairs may jeopardize business continuity; or employer opts to provide 60 days' pay in lieu of providing notice. EEO-1 Report filed annually with EEOC if not a federal contractor - CORRECT ANSWER Requires employers with 100 or more employees to submit a list of the number of employees by race and sec for each EEO job category. Test Strategies Part 1 - CORRECT ANSWER 1. You can strike out the option where HR has an outside entity/legal or someone else that does the work or provides a solution. 2. Strike out anything that puts HR in an administrative role rather than strategic such as HR documenting a conversation or writing a summary for future reference. 3. Strike out answers where HR would just send an email. This would only be correct if it relates to a compliance issue or a strategic announcement from leadership. An HRBP would typically NOT send a mass email to resolve an issue at the company. Test Strategies Part 2 - CORRECT ANSWER 1. Read the question 2. Re-read the question. Don't look at the answer options until you have fully understood the question. What is the test writing asking you? Then, ask yourself what is the problem being ask in the last sentence of the question. This is the problem in which you need to find the correct answer option. 3. Read the four answer options 4. Cross out any answer option that is not strategic (meaning you write a report or document an incident as these tasks are transactional back office type of work and not strategic HR Business Partner work.) 5. Cross out any answer option that pushes the work off to someone else like a supervisor or the legal department. This is an HR exam and we are looking for you to take the action and resolve the problem. 6. You should now have two plausible answer option to choose from. Go back to the the question and read the last sentence again. Look at the two remaining answer options and ask yourself: A. "Does this answer option resolve the problem provided" and B "Is this answer option the most proactive and action orientated option that involves the most stakeholders?" 7. Select the answer option that most closely aligns to A & B above and this will lead you to the correct answer.