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SHRM-CP Certification Exam Questions 2023 - Day 77
1. How does the Patient Protection and Affordable Care Act (PPACA) amend the Consolidated Omnibus Budget Reconciliation Act (COBRA)?
A) PPACA tightens up the list of who is considered a qualified beneficiary.
B) PPACA extends the eligibility time period for the COBRA premium reduction.
C) PPACA modifies qualifying events that may permit the maximum 36 months of coverage.
D) PPACA requires coverage of an employee's adult children up to age 26.
2. Which is a provision of the Family and Medical Leave Act (FMLA)?
A) Employees are entitled to 12 weeks of paid leave for the birth of a child.
B) Employees are required to give 45 days' notice before taking leave.
C) Employees can be denied a leave of absence if it would impose an undue hardship on the employer.
D) Employees are entitled to return to a similar job with the same pay and status.
3. Which act requires an organization with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a $2,000-per-employee penalty?
A) Family and Medical Leave Act
B) Age Discrimination in Employment Act
C) Employee Retirement Income Security Act
D) Patient Protection and Affordable Care Act
4. How does the Veterans Opportunity to Work (VOW) to Hire Heroes Act amend the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
A) VOW defines employers' reemployment obligations, including timing of reemployment and discharge restrictions.
B) VOW gives employees on military leave the same seniority-based benefits they would have received had they not taken leave.
C) VOW requires that military leave doesn't create a break in service for retirement plan purposes.
D) VOW recognizes claims of a hostile work environment on account of an individual's military status generally.
5. U.S. Employee Safety and Health Laws An organization is opening a new factory in the United States. Due to availability issues, the factory will be temporarily unable to comply with an OSHA standard Β regarding required Β safety equipment. What should the organization do?
A) Apply to OSHA for a permanent variance from the standard due to the unavailability of required equipment.
B) Postpone opening the factory until the required safety equipment can be purchased from another source.
C) Open the factory Β without notifying Β OSHA and Β do not report any incidents associated with the standard.
D) Apply to OSHA for a temporary variance from the Β standard due to the unavailability of required equipment.
6. Which of the following is true regarding marijuana laws?
A) The federal Controlled Substances Act allows for medicinal marijuana Β use.
B) It is illegal to fire an employee after the Β first instance of a failed drug test for marijuana.
C) Employers must allow employees to use Β medicinal marijuana while on the job.
D) Marijuana remains illegal under the federal Controlled Substances Act.
7. What is a key employer responsibility under the Occupational Safety and Health (OSH) Act?
A) Provide Β personal protective equipment, including prescription eyewear, at employer expense.
B) Provide copies of the OSH Act and relevant standards to every new employee at the time of hire.
C) Permanently display all relevant OSHA standards at all workstations in multiple languages.
D) Display the OSHA poster in a conspicuous place where it can be seen by all employees.
8. What does OSHA's General Duty Clause mandate?
A) Employees need not report for duty if their safety is at risk.
B) Employers must provide a work environment free of recognized hazards to safety.
C) Employees must report unsafe working conditions to OSHA.
D) Employers must develop standards if none exist for their industries.
9. Which is an employee right identified under the Occupational Safety and Health (OSH) Act?
A) Overriding employer safety procedures
B) Refusing to wear safety equipment
C) Requesting an OSHA inspection
D) Filing an unfair labor practice charge
10. Employee Relations How does the Β Weingarten Β case apply to an investigatory meeting to obtain information that is the basis for disciplinary action?
A) It allows a union representative to be present during the meeting.
B) It protects the investigation through attorney-client privilege.
C) It confirms that a member of management can conduct the meeting alone.
D) It encourages union representatives to tell workers to not answer questions.
A) PPACA tightens up the list of who is considered a qualified beneficiary.
B) PPACA extends the eligibility time period for the COBRA premium reduction.
C) PPACA modifies qualifying events that may permit the maximum 36 months of coverage.
D) PPACA requires coverage of an employee's adult children up to age 26.
2. Which is a provision of the Family and Medical Leave Act (FMLA)?
A) Employees are entitled to 12 weeks of paid leave for the birth of a child.
B) Employees are required to give 45 days' notice before taking leave.
C) Employees can be denied a leave of absence if it would impose an undue hardship on the employer.
D) Employees are entitled to return to a similar job with the same pay and status.
3. Which act requires an organization with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a $2,000-per-employee penalty?
A) Family and Medical Leave Act
B) Age Discrimination in Employment Act
C) Employee Retirement Income Security Act
D) Patient Protection and Affordable Care Act
4. How does the Veterans Opportunity to Work (VOW) to Hire Heroes Act amend the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
A) VOW defines employers' reemployment obligations, including timing of reemployment and discharge restrictions.
B) VOW gives employees on military leave the same seniority-based benefits they would have received had they not taken leave.
C) VOW requires that military leave doesn't create a break in service for retirement plan purposes.
D) VOW recognizes claims of a hostile work environment on account of an individual's military status generally.
5. U.S. Employee Safety and Health Laws An organization is opening a new factory in the United States. Due to availability issues, the factory will be temporarily unable to comply with an OSHA standard Β regarding required Β safety equipment. What should the organization do?
A) Apply to OSHA for a permanent variance from the standard due to the unavailability of required equipment.
B) Postpone opening the factory until the required safety equipment can be purchased from another source.
C) Open the factory Β without notifying Β OSHA and Β do not report any incidents associated with the standard.
D) Apply to OSHA for a temporary variance from the Β standard due to the unavailability of required equipment.
6. Which of the following is true regarding marijuana laws?
A) The federal Controlled Substances Act allows for medicinal marijuana Β use.
B) It is illegal to fire an employee after the Β first instance of a failed drug test for marijuana.
C) Employers must allow employees to use Β medicinal marijuana while on the job.
D) Marijuana remains illegal under the federal Controlled Substances Act.
7. What is a key employer responsibility under the Occupational Safety and Health (OSH) Act?
A) Provide Β personal protective equipment, including prescription eyewear, at employer expense.
B) Provide copies of the OSH Act and relevant standards to every new employee at the time of hire.
C) Permanently display all relevant OSHA standards at all workstations in multiple languages.
D) Display the OSHA poster in a conspicuous place where it can be seen by all employees.
8. What does OSHA's General Duty Clause mandate?
A) Employees need not report for duty if their safety is at risk.
B) Employers must provide a work environment free of recognized hazards to safety.
C) Employees must report unsafe working conditions to OSHA.
D) Employers must develop standards if none exist for their industries.
9. Which is an employee right identified under the Occupational Safety and Health (OSH) Act?
A) Overriding employer safety procedures
B) Refusing to wear safety equipment
C) Requesting an OSHA inspection
D) Filing an unfair labor practice charge
10. Employee Relations How does the Β Weingarten Β case apply to an investigatory meeting to obtain information that is the basis for disciplinary action?
A) It allows a union representative to be present during the meeting.
B) It protects the investigation through attorney-client privilege.
C) It confirms that a member of management can conduct the meeting alone.
D) It encourages union representatives to tell workers to not answer questions.
1. Right Answer: D
Explanation: Under PPACA, employers are required to notify COBRA participants, in addition to their general employee populations, that adult children may be eligible for health plan coverage up to age 26.
2. Right Answer: D
Explanation: The FMLA entitles a covered employee to take up to 12 weeks of unpaid leave in a 12-month period for the birth or adoption of a child or the serious health condition of the employee or the employee's child, spouse, or parent. In most cases, employees must be returned to the same job or one with equivalent status, pay, and benefits.
3. Right Answer: D
Explanation: This is one of the key provisions of the Patient Protection and Affordable Care Act.
4. Right Answer: D
Explanation: VOW amends USERRA to recognize Β claims of a hostile work environment on account of an individual's military status generally. All other options are part of the initial USERRA regulatory provisions
5. Right Answer: D
Explanation: Employers may apply for a temporary variance from a standard due to the unavailability of materials, equipment, or personnel needed to make necessary changes. This would potentially allow the organization to avoid postponing the opening of the new factory, and it does not carry the risk of penalties due to noncompliance with OSHA standards. Permanent variances are allowable where an employer can furnish proof that the facilities or the method of operation provides employee protection at least as effective as that required by the standard.
6. Right Answer: D
Explanation: Marijuana is legal in multiple states for medical or recreational use, but it remains illegal under the federal Controlled Substances Act. This act does not feature an exemption for medicinal use. Both firing employees following a failed drug test and accommodating employees' use of medicinal marijuana may depend on current state regulations.
7. Right Answer: D
Explanation: The OSHA poster must be displayed in a conspicuous place where it can be seen and read by all employees. A copy of the OSH Act must be made available to employees upon request, but the act does not specify that it must always be provided Β at the time of hire. Employers must provide personal protective equipment at the organization's expense, except for prescription eyewear and footwear that can be used off the job. OSHA citations must be posted at the worksite where an alleged violation has occurred, but permanent display of OSHA standards at all workstations is not required.
8. Right Answer: B
Explanation: The General Duty Clause of the Occupational Safety and Health Act requires that employers provide a work environment free of recognized hazards that could cause employee death or serious physical harm to employees, even if there are no standards governing the work area or industry.
9. Right Answer: C
Explanation: If employees believe an unsafe situation exists, they have the right to request an OSHA inspection. However, they are obligated to follow the employer's safety procedures, wear the proper protective equipment, and go through the proper channels in raising safety issues. The OSH Act does not deal with unfair labor practices.
10. Right Answer: A
Explanation: The Β Weingarten Β case gave union workers the right to request the presence of a union representative at an investigatory meeting (a meeting whose purpose is to gather facts). Friends, relatives, or an attorney may not be present. These rights apply only to an investigatory interview, not to meetings that impose disciplinary action.
Explanation: Under PPACA, employers are required to notify COBRA participants, in addition to their general employee populations, that adult children may be eligible for health plan coverage up to age 26.
2. Right Answer: D
Explanation: The FMLA entitles a covered employee to take up to 12 weeks of unpaid leave in a 12-month period for the birth or adoption of a child or the serious health condition of the employee or the employee's child, spouse, or parent. In most cases, employees must be returned to the same job or one with equivalent status, pay, and benefits.
3. Right Answer: D
Explanation: This is one of the key provisions of the Patient Protection and Affordable Care Act.
4. Right Answer: D
Explanation: VOW amends USERRA to recognize Β claims of a hostile work environment on account of an individual's military status generally. All other options are part of the initial USERRA regulatory provisions
5. Right Answer: D
Explanation: Employers may apply for a temporary variance from a standard due to the unavailability of materials, equipment, or personnel needed to make necessary changes. This would potentially allow the organization to avoid postponing the opening of the new factory, and it does not carry the risk of penalties due to noncompliance with OSHA standards. Permanent variances are allowable where an employer can furnish proof that the facilities or the method of operation provides employee protection at least as effective as that required by the standard.
6. Right Answer: D
Explanation: Marijuana is legal in multiple states for medical or recreational use, but it remains illegal under the federal Controlled Substances Act. This act does not feature an exemption for medicinal use. Both firing employees following a failed drug test and accommodating employees' use of medicinal marijuana may depend on current state regulations.
7. Right Answer: D
Explanation: The OSHA poster must be displayed in a conspicuous place where it can be seen and read by all employees. A copy of the OSH Act must be made available to employees upon request, but the act does not specify that it must always be provided Β at the time of hire. Employers must provide personal protective equipment at the organization's expense, except for prescription eyewear and footwear that can be used off the job. OSHA citations must be posted at the worksite where an alleged violation has occurred, but permanent display of OSHA standards at all workstations is not required.
8. Right Answer: B
Explanation: The General Duty Clause of the Occupational Safety and Health Act requires that employers provide a work environment free of recognized hazards that could cause employee death or serious physical harm to employees, even if there are no standards governing the work area or industry.
9. Right Answer: C
Explanation: If employees believe an unsafe situation exists, they have the right to request an OSHA inspection. However, they are obligated to follow the employer's safety procedures, wear the proper protective equipment, and go through the proper channels in raising safety issues. The OSH Act does not deal with unfair labor practices.
10. Right Answer: A
Explanation: The Β Weingarten Β case gave union workers the right to request the presence of a union representative at an investigatory meeting (a meeting whose purpose is to gather facts). Friends, relatives, or an attorney may not be present. These rights apply only to an investigatory interview, not to meetings that impose disciplinary action.
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