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SHRM-CP Certification Exam Questions 2023 - Day 78
1. Which must be Β permitted when conducting an investigative interview of a union employee?
A) Union representative adding information supporting the employee's case
B) Union representative telling the employee what to say during the Β interview
C) Attorney or family member attending the interview upon request
D) Union representative bargaining with the employer for leniency in punishment
2. How does the Β Weingarten Β ruling apply to nonunion employees?
A) Weingarten Β protects nonunion employees from being harmed by unfair labor practices during an organizing campaign.
B) Weingarten Β requires that Β nonunion employees be allowed union representation during investigatory interviews.
C) Weingarten Β does not require that Β nonunion employees be allowed Β union representation during investigatory interviews.
D) Weingarten Β allows nonunion members to participate in picket lines without fear of reprisal from their employer.
3. An employer is investigating alleged misconduct by an Β employee who is a union member. What must the employer allow during any investigatory interview of the employee, if requested?
A) Opportunity to review video evidence before the interview
B) Presence of a personal Β attorney in the interview
C) Ability to respond to questions in writing instead of an interview
D) Presence of a union representative in the interview
4. Which activity is prohibited by the National Labor Relations Act (NLRA)?
A) Yellow-dog contracts
B) Collective bargaining
C) Arbitrary injunctions
D) Employer domination of unions
5. Miscellaneous U.S. Protection Laws Which statement about Equal Employment Opportunity Commission (EEOC) procedures regarding an alleged Title VII violation is correct?
A) The charging party must file the charge within three years of the alleged discriminatory conduct.
B) The charging party can file against any private employer in the United States, regardless of work.
C) The charging party is given notice of the right to sue in court if no reasonable cause is found.
D) An employer must make a determination as to whether there is reasonable cause in the charging party's claims.
6. If an organization decides to take adverse action against an applicant or an employee based on a credit report, what is the affected individual entitled to do?
A) Argue his or her case before a mediator prior to adverse action being taken.
B) Present evidence challenging the information contained in the report.
C) Receive financial compensation automatically from the organization.
D) Bar the organization from using the credit report Β to make a decision
7. Which position may require an applicant to take a polygraph test?
A) Comptroller for an accounting firm
B) Director of security for a software company
C) Delivery driver for a pharmaceutical firm
D) Blackjack dealer at a casino
8. The Immigration Reform and Control Act (IRCA) prohibits discrimination against job applicants on the basis of what?
A) Legal immigration status
B) Ethnicity or ethnic background
C) Primary language spoken
D) National origin or citizenship
9. Employee Records Management Requirements in the U. S. Which of the following is a notable provision of the Department of Labor's electronic guidelines for data storage?
A) All records must be backed up by a paper copy that is stored separately from the primary storage location.
B) Software systems must satisfy requirements as laid out by the Advanced Encryption Standards.
C) Software must feature dual factor authentication security Β for user login processes.
D) Records must be convertible into readable paper copy to satisfy obligations under Title I of ERISA.
10. Which government body requires organizations to electronically submit illness and injury data?
A) Occupational Safety and Health Administration
B) Environmental Protection Agency
C) Department of Labor
D) Department of Health
A) Union representative adding information supporting the employee's case
B) Union representative telling the employee what to say during the Β interview
C) Attorney or family member attending the interview upon request
D) Union representative bargaining with the employer for leniency in punishment
2. How does the Β Weingarten Β ruling apply to nonunion employees?
A) Weingarten Β protects nonunion employees from being harmed by unfair labor practices during an organizing campaign.
B) Weingarten Β requires that Β nonunion employees be allowed union representation during investigatory interviews.
C) Weingarten Β does not require that Β nonunion employees be allowed Β union representation during investigatory interviews.
D) Weingarten Β allows nonunion members to participate in picket lines without fear of reprisal from their employer.
3. An employer is investigating alleged misconduct by an Β employee who is a union member. What must the employer allow during any investigatory interview of the employee, if requested?
A) Opportunity to review video evidence before the interview
B) Presence of a personal Β attorney in the interview
C) Ability to respond to questions in writing instead of an interview
D) Presence of a union representative in the interview
4. Which activity is prohibited by the National Labor Relations Act (NLRA)?
A) Yellow-dog contracts
B) Collective bargaining
C) Arbitrary injunctions
D) Employer domination of unions
5. Miscellaneous U.S. Protection Laws Which statement about Equal Employment Opportunity Commission (EEOC) procedures regarding an alleged Title VII violation is correct?
A) The charging party must file the charge within three years of the alleged discriminatory conduct.
B) The charging party can file against any private employer in the United States, regardless of work.
C) The charging party is given notice of the right to sue in court if no reasonable cause is found.
D) An employer must make a determination as to whether there is reasonable cause in the charging party's claims.
6. If an organization decides to take adverse action against an applicant or an employee based on a credit report, what is the affected individual entitled to do?
A) Argue his or her case before a mediator prior to adverse action being taken.
B) Present evidence challenging the information contained in the report.
C) Receive financial compensation automatically from the organization.
D) Bar the organization from using the credit report Β to make a decision
7. Which position may require an applicant to take a polygraph test?
A) Comptroller for an accounting firm
B) Director of security for a software company
C) Delivery driver for a pharmaceutical firm
D) Blackjack dealer at a casino
8. The Immigration Reform and Control Act (IRCA) prohibits discrimination against job applicants on the basis of what?
A) Legal immigration status
B) Ethnicity or ethnic background
C) Primary language spoken
D) National origin or citizenship
9. Employee Records Management Requirements in the U. S. Which of the following is a notable provision of the Department of Labor's electronic guidelines for data storage?
A) All records must be backed up by a paper copy that is stored separately from the primary storage location.
B) Software systems must satisfy requirements as laid out by the Advanced Encryption Standards.
C) Software must feature dual factor authentication security Β for user login processes.
D) Records must be convertible into readable paper copy to satisfy obligations under Title I of ERISA.
10. Which government body requires organizations to electronically submit illness and injury data?
A) Occupational Safety and Health Administration
B) Environmental Protection Agency
C) Department of Labor
D) Department of Health
1. Right Answer: A
Explanation: The union representative must be allowed to add information supporting the employee's case at the end of the interview. The employer is not required to bargain with the representative during an investigative interview. The union representative cannot tell the employee what to say during the interview. The employee may be prohibited from bringing an attorney or a relative to the interview.
2. Right Answer: C
Explanation: Weingarten Β does not apply to nonunion employees, so employers are not required to allow Β union representation at an investigatory interview of a nonunion member. Β Weingarten Β does not cover unfair labor practices or participation in picket lines.
3. Right Answer: D
Explanation: Under the Β Weingarten Β ruling, the employee may request the presence of a union representative in the interview. The employee does not have to be allowed his or her personal attorney or the ability to respond in writing to questions or to review video evidence prior to an interview
4. Right Answer: D
Explanation: The NLRA attempted to balance the interests of management and labor and prohibited the employer from unfair labor practices such as union domination. The NLRA did not prohibit collective bargaining; it established mandatory subjects for collective bargaining
5. Right Answer: C
Explanation: If the EEOC determines that there is no reasonable cause, the complainant is given notice of the right to sue, allowing the employee to file suit in court if he or she chooses. The EEOC has jurisdiction only over private companies with at least 15 employees. The EEOC determines if there is reasonable cause. Charges must be filed within 180 days or 300 days if there is a state agency that also investigates charges of discrimination.
6. Right Answer: B
Explanation: Under the Fair Credit Reporting Act (FCRA), individuals who are notified of adverse action being taken against them by an organization due to a credit report are entitled to present information within 'a reasonable period of time' that disputes the information contained in the report. If they are able to prove that the organization did not comply with the FRCA, they may sue for financial rewards and damages, but they are not automatically entitled to compensation. Employees or potential employees are not automatically allowed the right to argue their case before a mediator, and they cannot bar the organization from using the report, which had to be authorized by the individual before being conducted.
7. Right Answer: C
Explanation: A lie detector test can be administered to prospective employees if the employees will have direct access to the manufacture, distribution, or dispensation of certain controlled substances. Under the Worker Adjustment and Retraining Notification (WARN) Act of 1988, a plant with over 100 employees must give what minimum number of days of advance written notice of a plant closure? 10 calendar days 30 calendar days 60 calendar days 100 calendar days With very limited exceptions, WARN specifies a minimum of 60 calendar days.
8. Right Answer: D
Explanation: The IRCA prohibits discrimination based on national origin or citizenship. Organizations are barred from hiring undocumented workers with certain exceptions, so they must be able to use legal immigration status when verifying employment. Discrimination based on ethnicity or primary language skills may be illegal, but preventing such discrimination was not the identified purpose of IRCA.
9. Right Answer: D
Explanation: Under the DOL guidelines, records must be readily convertible into legible and readable paper copy to satisfy obligations that may arise under Title I of ERISA. It is crucial to use adequate safety practices, Β though, as technology changes, best practices will evolve as well. Paper copies of records that are not Β transferrable to electronic storage systems may be required, but retaining paper copies of every record is not required.
10. Right Answer: A
Explanation: The Occupational Safety and Health Administration has revised its requirements to require certain employers to electronically submit injury and illness data for posting on the agency's website.
Explanation: The union representative must be allowed to add information supporting the employee's case at the end of the interview. The employer is not required to bargain with the representative during an investigative interview. The union representative cannot tell the employee what to say during the interview. The employee may be prohibited from bringing an attorney or a relative to the interview.
2. Right Answer: C
Explanation: Weingarten Β does not apply to nonunion employees, so employers are not required to allow Β union representation at an investigatory interview of a nonunion member. Β Weingarten Β does not cover unfair labor practices or participation in picket lines.
3. Right Answer: D
Explanation: Under the Β Weingarten Β ruling, the employee may request the presence of a union representative in the interview. The employee does not have to be allowed his or her personal attorney or the ability to respond in writing to questions or to review video evidence prior to an interview
4. Right Answer: D
Explanation: The NLRA attempted to balance the interests of management and labor and prohibited the employer from unfair labor practices such as union domination. The NLRA did not prohibit collective bargaining; it established mandatory subjects for collective bargaining
5. Right Answer: C
Explanation: If the EEOC determines that there is no reasonable cause, the complainant is given notice of the right to sue, allowing the employee to file suit in court if he or she chooses. The EEOC has jurisdiction only over private companies with at least 15 employees. The EEOC determines if there is reasonable cause. Charges must be filed within 180 days or 300 days if there is a state agency that also investigates charges of discrimination.
6. Right Answer: B
Explanation: Under the Fair Credit Reporting Act (FCRA), individuals who are notified of adverse action being taken against them by an organization due to a credit report are entitled to present information within 'a reasonable period of time' that disputes the information contained in the report. If they are able to prove that the organization did not comply with the FRCA, they may sue for financial rewards and damages, but they are not automatically entitled to compensation. Employees or potential employees are not automatically allowed the right to argue their case before a mediator, and they cannot bar the organization from using the report, which had to be authorized by the individual before being conducted.
7. Right Answer: C
Explanation: A lie detector test can be administered to prospective employees if the employees will have direct access to the manufacture, distribution, or dispensation of certain controlled substances. Under the Worker Adjustment and Retraining Notification (WARN) Act of 1988, a plant with over 100 employees must give what minimum number of days of advance written notice of a plant closure? 10 calendar days 30 calendar days 60 calendar days 100 calendar days With very limited exceptions, WARN specifies a minimum of 60 calendar days.
8. Right Answer: D
Explanation: The IRCA prohibits discrimination based on national origin or citizenship. Organizations are barred from hiring undocumented workers with certain exceptions, so they must be able to use legal immigration status when verifying employment. Discrimination based on ethnicity or primary language skills may be illegal, but preventing such discrimination was not the identified purpose of IRCA.
9. Right Answer: D
Explanation: Under the DOL guidelines, records must be readily convertible into legible and readable paper copy to satisfy obligations that may arise under Title I of ERISA. It is crucial to use adequate safety practices, Β though, as technology changes, best practices will evolve as well. Paper copies of records that are not Β transferrable to electronic storage systems may be required, but retaining paper copies of every record is not required.
10. Right Answer: A
Explanation: The Occupational Safety and Health Administration has revised its requirements to require certain employers to electronically submit injury and illness data for posting on the agency's website.
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