TSC, CSP American Staffing Association
Questions & Answers
If an employer meets all of the necessary per Diem requirements, the amount provided
to an employee while working out of town is tax deductible for the employer. -
ANSWERSTrue
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 45000. Under federal law, is FedCo's mandatory
retirement policy lawful? - ANSWERSFalse/no
Which of the following is NOT part of the ASA code of ethics and good practice? -
ANSWERSStaffing firms must offer benefits to all workers
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 had 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)?
- ANSWERSNo
Under the ADA, an employer may ask applicants, "Are you currently using illegal
drugs?" - ANSWERSTrue
A contract employee of ABC Staffing passed away from a heart attack while working at
a client site. Does this need to be reported to OSHA? - ANSWERSNo
A staffing company does not need to develop a substance abuse policy if it requires
drug testing. - ANSWERSFalse
Lisa was sent out of town on a temporary assignment. Would the money spent by Lisa
on dry cleaning generally meet the business connection requirement to be considered a
reimbursement made under an accountable plan? - ANSWERSTrue
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
proof of eligibility to work in the US for this 2-day position? - ANSWERSNo
Under Federal law are employers prohibited from refusing to hire candidates based on
lawful conduct such as use of alcohol, smoking or gun ownership? - ANSWERSNo
Lisa has been an employee of FedCo for two years and has worked more than 1,250
hours during the past 12 months. FedCo has exactly 75 employees. Is Lisa entitled to
take up to 12 weeks of unpaid leave for the birth of a child or serious illness of a close
relative under the FMLA? - ANSWERSYes
Can the use of E-Verify be a substitute for I-9 verification? - ANSWERSNo
According to EEOC enforcement guidance, only the staffing firm (not its client), is
considered to be the employer for purposes of federal anti-discrimination laws. -
ANSWERSFalse
The Hazard Communication Standard is a federal regulation that requires employers to
communicate to their employees information about safety citations that the company
has received in the past three years. - ANSWERSFalse
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 does Jerry have to
apply for reemployment with FedCo under the federal Uniformed Services Employment
and Re-Employment Rights Act? - ANSWERS90 Days
When should an applicant complete the Form I-9? - ANSWERSAfter the applicants
have been tested, interviewed, and accepted by the staffing firm or client.
Employees bring wrongful discharge lawsuits against their employers under a variety of
theories. Some of the most common include: - ANSWERSAll of the above:
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
The termination violates the covenant of good faith and fair dealing
May a staffing firm require the OSHA officers to have a warrant before sharing
information? - ANSWERSYes
In many states, workers' comp claims may be denied if the employees tests positive for
drug or alcohol during post-accident testing - ANSWERSTrue
In a typical staffing arrangement, when a temporary employee is injured on the job,
courts in most states will allow the employee to sue the customer and recover damages
if the employee can prove that the customer was negligent. - ANSWERSFalse
, The FLSA provides that all exempt employees must be paid at a rate not less than 1½
times their regular rate of pay for all hours worked in excess of 40 in a workweek. -
ANSWERSFalse
Which statement regarding employment at will is false. - ANSWERSAn employee may
be fired for refusing to perform a task, even if that task is illegal.
For how many days must a disability from a workplace injury last in order for the
employee to receive workers' compensation benefits for the first three calendar days of
the disability? - ANSWERSMore than 14 days
It is illegal to discriminate against an applicant based on - ANSWERSNone of the above
A. Prior experience
B. Skill
C. Testing
D. Only a and c
Jerry has developed a drinking problem and is frequently absent from work as a result.
In addition, he has made several mistakes that have caused his employer to lose
customers. If Jerry is terminated because of his attendance and performance issues,
can he prevail on a disability discrimination claim under the ADA? - ANSWERSNo
Staffing firms are strictly liable when clients' unfair labor practices violate the NLRA -
ANSWERSFalse
The burden to demonstrate the existence of a BFOQ is on the____? -
ANSWERSEmployer
Recruiters who promise ongoing assignments may create implied contracts. -
ANSWERSTrue
Professional employer organizations generally recruit workers from the labor market
and assign them to clients. - ANSWERSFalse
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? -
ANSWERSAn employee is terminated for repeated violations of the company's
punctuality policy
There are several distinct types of public policy violations. These include termination for
refusing to perform an unlawful act, termination for exercising statutory right, termination
for whistle-blowing, and termination for violation of statute. However, termination due to
an employee's failure to comply with an employer's lawful policy does not constitute a
public policy violation.
Questions & Answers
If an employer meets all of the necessary per Diem requirements, the amount provided
to an employee while working out of town is tax deductible for the employer. -
ANSWERSTrue
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 45000. Under federal law, is FedCo's mandatory
retirement policy lawful? - ANSWERSFalse/no
Which of the following is NOT part of the ASA code of ethics and good practice? -
ANSWERSStaffing firms must offer benefits to all workers
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 had 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)?
- ANSWERSNo
Under the ADA, an employer may ask applicants, "Are you currently using illegal
drugs?" - ANSWERSTrue
A contract employee of ABC Staffing passed away from a heart attack while working at
a client site. Does this need to be reported to OSHA? - ANSWERSNo
A staffing company does not need to develop a substance abuse policy if it requires
drug testing. - ANSWERSFalse
Lisa was sent out of town on a temporary assignment. Would the money spent by Lisa
on dry cleaning generally meet the business connection requirement to be considered a
reimbursement made under an accountable plan? - ANSWERSTrue
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
proof of eligibility to work in the US for this 2-day position? - ANSWERSNo
Under Federal law are employers prohibited from refusing to hire candidates based on
lawful conduct such as use of alcohol, smoking or gun ownership? - ANSWERSNo
Lisa has been an employee of FedCo for two years and has worked more than 1,250
hours during the past 12 months. FedCo has exactly 75 employees. Is Lisa entitled to
take up to 12 weeks of unpaid leave for the birth of a child or serious illness of a close
relative under the FMLA? - ANSWERSYes
Can the use of E-Verify be a substitute for I-9 verification? - ANSWERSNo
According to EEOC enforcement guidance, only the staffing firm (not its client), is
considered to be the employer for purposes of federal anti-discrimination laws. -
ANSWERSFalse
The Hazard Communication Standard is a federal regulation that requires employers to
communicate to their employees information about safety citations that the company
has received in the past three years. - ANSWERSFalse
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 does Jerry have to
apply for reemployment with FedCo under the federal Uniformed Services Employment
and Re-Employment Rights Act? - ANSWERS90 Days
When should an applicant complete the Form I-9? - ANSWERSAfter the applicants
have been tested, interviewed, and accepted by the staffing firm or client.
Employees bring wrongful discharge lawsuits against their employers under a variety of
theories. Some of the most common include: - ANSWERSAll of the above:
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
The termination violates the covenant of good faith and fair dealing
May a staffing firm require the OSHA officers to have a warrant before sharing
information? - ANSWERSYes
In many states, workers' comp claims may be denied if the employees tests positive for
drug or alcohol during post-accident testing - ANSWERSTrue
In a typical staffing arrangement, when a temporary employee is injured on the job,
courts in most states will allow the employee to sue the customer and recover damages
if the employee can prove that the customer was negligent. - ANSWERSFalse
, The FLSA provides that all exempt employees must be paid at a rate not less than 1½
times their regular rate of pay for all hours worked in excess of 40 in a workweek. -
ANSWERSFalse
Which statement regarding employment at will is false. - ANSWERSAn employee may
be fired for refusing to perform a task, even if that task is illegal.
For how many days must a disability from a workplace injury last in order for the
employee to receive workers' compensation benefits for the first three calendar days of
the disability? - ANSWERSMore than 14 days
It is illegal to discriminate against an applicant based on - ANSWERSNone of the above
A. Prior experience
B. Skill
C. Testing
D. Only a and c
Jerry has developed a drinking problem and is frequently absent from work as a result.
In addition, he has made several mistakes that have caused his employer to lose
customers. If Jerry is terminated because of his attendance and performance issues,
can he prevail on a disability discrimination claim under the ADA? - ANSWERSNo
Staffing firms are strictly liable when clients' unfair labor practices violate the NLRA -
ANSWERSFalse
The burden to demonstrate the existence of a BFOQ is on the____? -
ANSWERSEmployer
Recruiters who promise ongoing assignments may create implied contracts. -
ANSWERSTrue
Professional employer organizations generally recruit workers from the labor market
and assign them to clients. - ANSWERSFalse
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? -
ANSWERSAn employee is terminated for repeated violations of the company's
punctuality policy
There are several distinct types of public policy violations. These include termination for
refusing to perform an unlawful act, termination for exercising statutory right, termination
for whistle-blowing, and termination for violation of statute. However, termination due to
an employee's failure to comply with an employer's lawful policy does not constitute a
public policy violation.
