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Ultimate Guide to the SPHR - Latest Edition Available Now
NEW QUESTION # 41
Which of the following Acts provides protection to workers in the event of mass layoffs or plant closings?
- A. WARN
- B. BLBA
- C. FECA
- D. OSHA
Answer: A
Explanation:
Explanation/Reference:
Answer option A is correct.
The WARN Act was passed by Congress to provide protection to workers in the event of mass layoffs or plant closings. According to the act, 60 days advance notice is given to either the individual worker or their union representatives. The purpose of providing time to workers is to obtain new employment or training before the loss of their jobs. This act is administered by the department of labor, and enforced through the federal court.
Answer option B is incorrect. The Black Lung Benefits Act (BLBA) is a law that provides benefits to coal miners who have been disabled by pneumoconiosis as a result of their work in the mines. Benefits are also paid to surviving dependents if the miner dies from the disease.
Answer option D is incorrect. OSHA stands for Occupational Safety and Health Administration. OSHA is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M Nixon, on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health. The agency is headed by a Deputy Assistant Secretary of Labor. OSHA issues guidelines and regulations for the safe use of a computer.
Answer option C is incorrect. Federal Employees Compensation Act (FECA) is a law that provides rules for compensation benefits to federal employees for work-related injuries or illnesses. FECA contains legal provision for giving compensation to their surviving dependents if a work-related injury or illness results in the employee's death.
Chapter: Workforce Planning and Employment
Objective: Organization Exit/Off-Boarding Processes
NEW QUESTION # 42
Which of the following Acts establishes mandatory safety and health standards for mine operators and monitors operations throughout the United States?
- A. SBREF act
- B. OSH act
- C. FLS act
- D. MSH act
Answer: D
Explanation:
Answer option D is correct.
Chapter: Risk Management
Objective: Risk Assessment
NEW QUESTION # 43
The best action for HR to take when addressing disparities found in a pay equity audit is:
- A. Establish compensation benchmarks
- B. Increase the use of diverse hiring sources
- C. Promote underrepresented employees
- D. Take immediate steps to close gaps
Answer: D
Explanation:
Comprehensive and Detailed Explanation:
Upon discovering pay disparities, SPHR-level best practice isnot to wait, but tocorrect unjustifiable gaps immediately. Delay risks liability and undermines trust.
According to SPHR Total Rewards guidance, equity audits must lead tocorrective action- "taking steps to remedy imbalances is critical to compliance and ethical compensation practices." Establishing benchmarks (B) is preventative, but (C) addresses existing risk.
NEW QUESTION # 44
Strategic recruitment activities include all of the following except which one?
- A. Labor market analysis
- B. Defining the employer brand
- C. The design of total rewards packages
- D. Employee referral programs
Answer: D
Explanation:
Answer option C is correct.Strategic staffing and recruitment involves taking a picture of the company at a 30,000-foot level, rather than from an operational perspective. Identifying recruitment sources such as employee referrals may prove to be valuable once the strategies have been defined. Conducting a labor market analysis allows HR to identify the availability of a qualified workforce for use in the achievement of strategic objectives. Total rewards packages include conducting wage surveys and utilization reviews to understand compensation and benefits trends, designed to compete with internal and external market conditions. Defining the employer brand not only creates an employer identity, but helps to differentiate a company from their competition. Chapter: Workforce Planning and Employment Objective: Review Questions
NEW QUESTION # 45
Which of the following collects data from employers throughout the United States in order to put this information on its website?
- A. Office of Federal Contract Compliance Programs (OFCCP)
- B. Equal Employment Opportunity Commission (EEOC)
- C. Bureau of Labor Statistics (BLS)
- D. National Labor Relations Act (NLRA)
Answer: C
Explanation:
Explanation/Reference:
Answer option A is correct.
Chapter: Workforce Planning and Employment
Objective: Strategic Workforce Planning
NEW QUESTION # 46
Marcy is an hourly-paid employee in the JKJ Company. Her supervisor Tom has asked Marcy to not begin working on a presentation until he leaves a meeting. The meeting happens to last six hours and Marcy doesn't have other work to do while Tom is in the meeting. Marcy decides to read a book while she waits.
According to the Fair Labor Standards Act should Marcy be paid for reading the book? Choose the best answer:
- A. Yes, this is an example of engaged to wait.
- B. No, this is an example of engaged to wait.
- C. Yes, she must be paid.
- D. No, this is an example of employment lag time.
Answer: A
Explanation:
Explanation/Reference:
Answer option C is correct.
Even though Marcy doesn't have other work to complete she is still to be paid for her time. This is an example of engaged to wait - as the company has purchased her time on an hourly basis and the current assignment is to wait for Tom.
Answer option A is incorrect. Engaged to wait means that Marcy will still be paid for her time.
Answer option D is incorrect. Lag time is the time to wait between activities in project management and isn't relative in this issue.
Answer option B is incorrect. While this answer is correct you must always pick the best answer, which is the example of engaged to wait.
Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 978-0-470-43096-5.
Chapter Six: Total Rewards. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN:
978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Compensation and Benefits
Objective: Total Rewards Defined
NEW QUESTION # 47
What is the most effective method of performance evaluation?
- A. A behaviorally anchored rating-scale process
- B. A forced-ranking process
- C. A field-review process
- D. A continuous-feedback process
Answer: D
Explanation:
Answer option B is correct.A continuous-feedback review process is most effective because it provides immediate feedback to employees, enabling them to correct performance issues before they become major problems. In a field review (A), reviews are conducted by someone other than the direct supervisor. Forced ranking (C) is an evaluation method in which all employees are listed in order of their value to the work group. The BARS process (D) identifies the most important job requirements and creates statements that describe varying levels of performance. See Chapter 5 for more information. Chapter: Human Resource Development Objective: Performance Appraisal
NEW QUESTION # 48
There is a document the federal government has created that you would like to use in your training class. You'll be teaching how the form is designed, its purpose, and what all parts of the form provide. The form will be included in your overhead presentation, in the course manual, and as a handout in the classroom. Is this legal?
- A. No, the form can be shown in the overhead presentation, but not distributed or photocopied.
- B. Yes, the form can be distributed with a fee to the federal government for access to the form.
- C. No, the form is protected from copyright infringement.
- D. Yes, work created by the federal government is in the public domain.
Answer: D
Explanation:
Section: Volume A
Explanation/Reference:
Answer option D is correct.
Work created by the federal government is in the public domain and not protected by copyright laws.
Answer option A is incorrect. The form is copyright-free.
Answer option B is incorrect. The form can be distributed in the seminar as it is copyright-free in the public domain.
Answer option C is incorrect. The form can be distributed by overhead presentations and in the course handouts.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter
5: Human Resource Development. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN:
978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Workforce Planning and Employment
Objective: Staffing Programs
NEW QUESTION # 49
Shelly is a graphic designer in your company and she has been called to military duty. While she is on duty you learn that Shelly has been moonlighting graphic design for other companies. Because she has been moonlighting while on military leave from your employment, are you required to reinstate her upon her pending return from military duty?
- A. Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 allows military personnel to moonlight during off-duty hours.
- B. No, moonlighting constitutes other employment so the original employer is not obligated to reinstate her.
- C. No, moonlighting is a breach of the Uniformed Services Employment and Reemployment Rights Act of
1994, as military personnel are to be on employment leave and not generate an income other than what their military duty provides. The employer is therefore exempt from the reinstatement obligations. - D. Yes, moonlighting is another form of employment, but you are required to reinstate her if her income from moonlighting is less than what she would have earned without the military duty.
Answer: A
Explanation:
Section: Volume C
Explanation/Reference:
Answer option A is correct.
The Uniformed Services Employment and Reemployment Rights Act of 1994 does allow military personnel to moonlight during off-duty hours without affecting their reinstatement rights.
Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of reservists called to active duty in the armed forces. The Act provides reemployment and benefits rights and is administered through the Veterans Employment and Training Service (VETS) of the Department of Labor.
USERRA applies to all public and private employers in the United States, including the federal government.
Answer options B, C, and D are incorrect. These are not valid statements about the Uniformed Services Employment and Reemployment Rights Act of 1994.
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5.
Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
NEW QUESTION # 50
For employers with 15 or more employees, records of all job announcements, applications, and resumes must be kept for one year under which of the following acts?
- A. Title VII of the Civil Rights Act
- B. Americans with Disabilities Act
- C. Temporary Employee Records
- D. Executive Order 11246
Answer: B
Explanation:
Section: Volume E
Explanation/Reference:
Answer option B is correct.
The Americans with Disabilities Act applies to employers with 15 or more employees, and regulates employment practices-including record-keeping and -retention-related to qualified individuals with a disability. EO 11246 (A) and Title VII of the Civil Rights Act (C) established standards for non-discriminatory employment practices. See Chapter 2 for more information.
Chapter: Core Knowledge Requirements for HR Professionals
Objective: Employee Records Management
NEW QUESTION # 51
Gathering information about employee attitudes and opinions through surveys and focus groups provides
_______ employee levels of engagement.
- A. Individual measurement of
- B. Instruction for
- C. Insight into
- D. Intuition about
Answer: C
Explanation:
Explanation/Reference:
Answer option A is correct.
The use of a variety of tools to gather employee feedback enables employers to measure employee levels of engagement. The use of anonymous surveys, topical focus groups, and employee interviews all provide insight into both individual and organizational needs. Intuition is rarely a legally defensible methodology for use in HR, and focus groups are not the best choice for measuring individual needs.
Chapter: Core Knowledge Requirements for HR Professionals
Objective: Review Questions
NEW QUESTION # 52
As a Senior HR Professional, you should be familiar with copyright laws when it comes to organizational development and the usage of materials. There are six categories of protected rights for creators protected by the copyright law. Which of the following is not one of the six categories?
- A. Right to create derivative works
- B. Right to sell copies of the work
- C. Right to renew the copyright of the work
- D. Right to duplicate the work
Answer: C
Explanation:
Answer option B is correct.The six categories of protection of the work do not include the right to renew the copyright of the work. Copyrights last for the lifetime of the author plus 70 years. The six areas protected by copyright law are as follows:
Right to duplicate the work
Right to create derivative works
Right to sell copies of the work
Right to perform the work publicly
Right to display the work publicly
Right to digital performance in sound recordings Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0470-43096-5. Chapter 5: Human Resource Development. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Human Resource Development
------
Objective: Federal Employment Legislation
NEW QUESTION # 53
There are many different types of organizations that people create to accomplish business goals. Which business organization has just one person who is responsible for all decisions in the business, retains all profits, and has unlimited personal liability for all business decisions?
- A. Sole proprietorship
- B. Corporation
- C. Partnerships
- D. Limited liability company
Answer: A
Explanation:
Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 9780-470-43096-5. Chapter Four: Workforce Planning and Employment. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Business Management and Strategy
Objective: Organizations
NEW QUESTION # 54
Which of the following provides additional pay for work that is considered beyond the minimum requirements of the job?
- A. Base pay
- B. Performance-based pay
- C. Pay differential
- D. Seniority-based compensation
Answer: C
Explanation:
Explanation/Reference:
Answer option A is correct.
Chapter: Compensation and Benefits
Objective: Compensation
NEW QUESTION # 55
An organization requires that all new managers must complete the first six months of their assignment traveling to different geographical locales. Female employees feel that this requirement restricts them from management positions because they have family obligations that would prevent them from traveling. The requirement to travel for six months is likely an example of what type of discrimination in this instance?
- A. Disparate impact
- B. Sexual harassment
- C. Disparate treatment
- D. Political requirement
Answer: A
Explanation:
Section: Volume D
Explanation/Reference:
Answer option A is correct.
The requirement to travel could be an example of disparate impact, as the requirements could screen out or prevent females with family obligations from traveling.
Answer option D is incorrect. Disparate treatment occurs when a member of a protected class is intentionally treated differently than other employees.
Answer option C is incorrect. This isn't an example of sexual harassment, as there is not a sexual advance being discussed in the question.
Answer option B is incorrect. This is a distracter for the question, and it is not a valid answer or term for the SHRP.
Reference: Professional in Human Resources Certification Study Guide, Sybex, ISBN: 978-0-470-43096-5.
Chapter Four: Workforce Planning. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Workforce Planning and Employment
Objective: Federal Employment Legislation
NEW QUESTION # 56
Jennifer is the HR Professional for her organization. Her supervisor, Dan, has asked Jennifer to find the Compa-ratio for Sam. Sam earns $40,000 as a mechanic, but the midpoint for a mechanic is actually $50,000. What is the Compa-ratio for Sam?
- A. 80 percent
- B. 125 percent
- C. $10,000
- D. -$10,000
Answer: A
Explanation:
Reference: PHR Exam Prep, Pearson Education, ISBN: 978-0-7897-3677-2. Chapter Six: Total Rewards. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.
Chapter: Compensation and Benefits
Objective: Compensation
NEW QUESTION # 57
Which of the following is an example of direct compensation?
- A. Variable compensation
- B. Employer Social Security contributions
- C. 401(k) matches
- D. Vacation pay
Answer: A
Explanation:
Answer option D is correct.Direct compensation is composed of base pay (hourly wage or salary), variable compensation, and pay for performance. Vacation pay (C), 401(k) matches (B), and employer Social Security contributions (A) are examples of indirect compensation. See Chapter 6 for more information. Chapter: Compensation and Benefits Objective: Total Rewards Defined
NEW QUESTION # 58
An employee earning $22,500 per year supervises three employees and spends 35 hours per week on essential job duties that require discretion and independent judgment. Which of the following describes this employee?
- A. Nonexempt
- B. Nonexempt, based on the salary basis requirement
- C. Exempt, based on the executive exemption test
- D. Exempt, based on the administrative exemption test
Answer: B
Explanation:
Explanation/Reference:
Answer option C is correct.
Effective in 2004, employees must be paid a minimum of $455 per week to be exempt from FLSA requirements. This employee earns only $432.69 per week. ($22,500/52 weeks = $432.69.) Although D is also correct, the best answer is the one that explains why. See Chapter 6 for more information.
Chapter: Compensation and Benefits
Objective: Compensation
NEW QUESTION # 59
Which of the following are non-monetary rewards that a company can provide to its employees?
Each correct answer represents a complete solution. Choose all that apply.
- A. Opportunity to learn
- B. Flexible hours
- C. Cash compensation
- D. Recognition
Answer: A,B,D
Explanation:
Explanation/Reference:
Answer options D, C, and A are correct.
The following are the non-monetary rewards that a company can provide to its employees:
Opportunity to learn
Flexible hours
Recognition
Employees need to learn and develop new skills in order to advance. Hence, opportunity to learn is a non- monetary reward.
Employees need time for their family, friends, and other activities. A felxible schedule or the occasional off can help employees to meet some of these obligations. Permiting some felxibility in an employee schedule increases their motivation.
Answer option B is incorrect. Cash compensation is a monetary reward for employment.
Reference: "http://www.catalogs.com/info/b2b/non-monetary-rewards-in-the-workplace.html" Chapter: Compensation and Benefits
Objective: Total Rewards Defined
NEW QUESTION # 60
When the NLRA imposes a voluntary-recognition bar, this means what?
- A. The NLRB has certified a bargaining representative.
- B. A representation election took place in the previous 12 months.
- C. No election will take place for a reasonable period of time.
- D. The union withdrew its petition for an election.
Answer: C
Explanation:
Explanation/Reference:
Answer option C is correct.
The NLRB imposes a voluntary-recognition bar while negotiations take place between the union and an employer that voluntarily recognized the union. See Chapter 7 for more information.
Chapter: Employee and Labor Relations
Objective: Labor Relations
NEW QUESTION # 61
Mary is in an interview with the BAH Company and she asks the company about the stability of the company and its future plans. Tom, the interviewer, assures Mary that the company is solid and has long-term plans for growth and opportunity. Tom, however, knows that the plant and position that Mary is interviewing for will be closed in six months. Tom offers Mary the position of plant manager because he needs someone to manage the facility until they close the plant, but he doesn't tell Mary of his plans. This is an example of which of the following?
- A. Constructive discharge
- B. Fraudulent misrepresentation
- C. Respondeat superior
- D. Defamation
Answer: B
Explanation:
Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
NEW QUESTION # 62
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