HRM320FinalExam2017version
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1. TCO 1: The SILK factors assist in determining whether a person is:<br />
A) an employee or an employer<br />
B) taxed using the alternative minimum tax formula<br />
C) an employee or an individual contractor<br />
D) wearing proper business casual clothing.<br />
Question 2.2. TCO 1: Bob hires Johnny to sell newspapers. Bob tells Johnny to sell the<br />
newspapers for $1.00 each. Bob has given Johnny what type of authority:<br />
A) Implied Authority.<br />
B) Apparent Authority.<br />
C) Disciplinary Authority.<br />
D)Express Authority.<br />
Question 3.3. TCO 1: Andy Applicant is being considered for the position of CFO of ACME<br />
Co. The company wants to make sure that Andy will not disclose sensitive financial<br />
information without the permission of ACME's board of directors. To protect the sensitive<br />
financial information, ACME Co. should get Andy to sign a:<br />
A) Nondisclosure Agreement.
B) Restriction Agreement.<br />
C) Waiver.<br />
D) Workers compensation claim form.<br />
Question 4.4. TCO 2 & 3: How did the Older Workers Benefit Protection Act (OWBPA)<br />
amend the ADEA?<br />
A) prohibits discrimination against older workers who refuse to learn new skills.<br />
B) prohibits discrimination against older workers who have gray hair.<br />
C) prohibits discrimination against older workers because they would be a financial<br />
burden on the employer's health insurance and pension plans.<br />
D) all of the above.<br />
Question 5.5. TCOs 2 & 3: Sexual harassment is prohibited by: (<br />
A) Title VII of the Civil Rights Act.<br />
B) the Equal Pay Act.<br />
C) the Pregnancy Discrimination Act.<br />
D) the Equal Employment Opportunity Act.<br />
Question 6.6. TCOs 2 & 3: The Age Discrimination in Employment Act only applies to<br />
employers with:<br />
A) 10 or more employees.<br />
B) 15 or more employees.
C) 20 or more employees<br />
D) 25 or more employees.<br />
Question 7.7. TCO 2 & 3. Title VII prohibits discrimination based on race, sex, national<br />
origin, religion and:<br />
A) age.<br />
B) color.<br />
C) sexual orientation.<br />
D) no other basis.<br />
Question 8.8. TCO 2 & 3: Discrimination on the basis of national origin is prohibited by:<br />
A) Title VII of the Civil Rights Act.<br />
B) Immigration Control and Reform Act.<br />
C) The Unauthorized Aliens Act.<br />
D) None of the above.<br />
Question 9.9. TCOs 2 & 3: Sexual harassment encompasses which of the following types of<br />
conduct?<br />
A) Requests for sexual favors.<br />
B) Distribution of material of a sexual nature.<br />
C) Comments or jokes of a sexual nature.
D) All of the above can be considered sexual harassment.<br />
Question 10.10. TCO 2 & 3: The Americans With Disabilities Act requires employers to<br />
make:<br />
A) any accommodation the disabled employee needs.<br />
B) make only the accommodations that do not require more than a minimal cost to<br />
accommodate the disabled employee.<br />
C) a reasonable accommodation.<br />
D) a practical accommodation.<br />
Question 11.11. TCOs 2 & 3: Martin's male boss makes sexually inappropriate comments to<br />
Martin on a daily basis. Assuming that the conduct is severe or pervasive and unwelcome,<br />
can Martin successfully demonstrate that the conduct is unlawful sexual harassment?<br />
(Points : 5)<br />
No, because same sex harassment is not covered by Title VII.<br />
Yes, because Title VII prohibits all harassing conduct.<br />
No, because Title VII does not prohibit sex based harassment directed toward males.<br />
Yes, if the conduct was directed toward Martin based on his sex.<br />
Question 12.12. TCO 4: Which law requires employers to obtain permission before hiring a<br />
third party to conduct a back ground check of an applicant? (Points : 5)<br />
Fair Credit Reporting Act.<br />
Title VII.
Fair Employment Act.<br />
Equal Pay Act.<br />
Question 13.13. TCO 4: A person who reports the illegal or unlawful activity of his or her<br />
employer and is then fired or demoted may have a case for: (Points : 5)<br />
Whistle-blower.<br />
repudiation.<br />
retaliation.<br />
hostile environment harassment.<br />
quid pro quo harassment.<br />
Question 14.14. TCO 5: The Norris-LaGuardia Act provided for each of the following except:<br />
(Points : 5)<br />
dispute.<br />
injunctions could not be used to prohibit any person from participating in a labor<br />
labor unions could provide relief funds to strikers.<br />
yellow dog contracts were directly outlawed.<br />
collective bargaining was endorsed as a matter of public policy.<br />
Question 15.15. TCO 5: The Employees Association Labor Union believes that ACME Co.<br />
has engaged in unfair labor practices and should file a complaint with: (Points : 5)<br />
NLRB.
EEOC.<br />
DOL.<br />
OSHA.<br />
Question 16.16. TCO 6: If an employer has commited an OSHA violation, an OSHA director<br />
will issue a citation. The employer, upon receipt, has _______- to contest the violation or it<br />
will become a final order not subject to judicial review. (Points : 5)<br />
7 business days<br />
15 business days<br />
7 days<br />
15 days<br />
Question 17.17. TCO 6: The research arm of OSHA is known as: (Points : 5)<br />
ROSH.<br />
FEDOSH.<br />
NIOSH.<br />
FBI.<br />
Question 18.18. TCO 6: If OSHA decides to impose fines or penalties against an employer,<br />
that employer may appeal to: (Points : 5)<br />
the president.<br />
Congress.
the courts.<br />
NIOSH.<br />
Question 19.19. TCO 7: Which of the following workers would be entitled to overtime pay?<br />
(Points : 5)<br />
Elementary school teachers.<br />
A baby sitter.<br />
A manual laborer for a landscape company.<br />
A commissioned car salesperson.<br />
Question 20.20. TCO 7: Child labor is restricted by the: (Points : 5)<br />
FLSA.<br />
FMLA.<br />
EEOC.<br />
NLRB.<br />
Question 21.21. TCO 8: Each week I contribute a portion of my salary to my employer's 401k<br />
plan and that contribution is matched by my employer. This type of retirement plan is<br />
referred to as a: (Points : 5)<br />
defined benefit plan.<br />
defined pension plan.<br />
defined enrollment plan.
defined contribution plan.<br />
Question 22.22. TCO 9: The law that requires employers to provide departing employees<br />
with certification of health insurance coverage is: (Points : 5)<br />
HIPAA.<br />
FMLA.<br />
ADA.<br />
Title VII.<br />
Question 23.23. TCO 9: COBRA requires employers to provide departing employees with<br />
health insurance continuation for at least: (Points : 5)<br />
3 months.<br />
12 months.<br />
18 months.<br />
24 months.<br />
Question 24.24. TCO 9: The Immigration Reform and Control Act of 1986 prohibits<br />
discrimination against: (Points : 5)<br />
Illegal aliens.<br />
US Citizens.<br />
Legal Reformers.<br />
Legal aliens.
Question 25. 25. TCO 4: What does it mean when an employee acts within the "scope of<br />
employment"? Give an example of an employee that is acting within the scope of<br />
employment. (Points : 10)<br />
Question 26. 26. TCO 5: What is a ULP? Provide three examples committed by unions.<br />
(Points : 10)<br />
Question 27. 27. TCOs 7 and 8: Under FMLA, when can an employer request three medical<br />
certifications of a serious health condition, and at whose expense will they be done? (Points<br />
: 10)<br />
Question 28. 28. TCOs 2 & 3: Janet Deepahli applied for a position as a marketing director.<br />
During the last interview the Executive Vice President of Marketing asked Janet how to<br />
pronounce her name at which Janet revealed her husband was from Iraq. Although she was<br />
considered the top candidate after two interviews, she was not given the job. The position<br />
was later given to another candidate of American heritage. May Janet bring a claim for<br />
national origin discrimination based on her spouse's national origin, and if so, what must she<br />
prove? If not, why not? (Points : 15)<br />
Question 29. 29. TCOs 2 and 3: Meredith Jones, age 42, was fired from her position as an<br />
administrative assistant. She was replaced a week later by a 25-year old. Meredith did<br />
nothing about her firing for 2 ½ years and then decided to sue for age discrimination. Will<br />
she be successful? Why or why not? (Points : 15)<br />
Question 30. 30. TCO 4: Carleen is a waitress at the Midway Diner. She notices that<br />
members of the kitchen staff do not cover their hair while preparing food, and do not<br />
frequently wash their hands. Carleen is concerned about this practice and reports it to her<br />
manager, who does not take any action. Carleen then reports her concerns to OSHA. Can<br />
Midway fire Carleen for reporting this action? (Points : 15)
Question 31. 31. TCO 7: Cecilia is a 14-year old freshman at United High School. She works<br />
from 2pm to 10pm three days a week. In order to get to work on time she leaves school early<br />
missing her last class. Her last class rotates each day so no one really notices. Is this<br />
permissible? Explain what law either allow or prohibits this behavior, and why. (Points : 15)<br />
Question 32. 32. TCO 8: Who is a qualifying beneficiary under COBRA? (Points : 15)<br />
Question 33. 33. TCO 9: National origin discrimination is prohibited against a job applicant or<br />
employee. Besides discriminating against the job applicant or employee directly, how else<br />
might national origin discrimination occur so that the job applicant or employee would have a<br />
claim? (Points : 15)