Pre-Assessment: HR Compliance and Employee Relations D432

Which description is a characteristic of a corporation?

Ease of transferring ownership

Which description is characteristic of a sole proprietorship?

Ease of dissolution

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Which act prohibits unfair or deceptive acts affecting commerce?

The Federal Trade Commission Act

A public company is preparing to file its annual report containing audited financial statements. These statements will be reviewed by a certified public accountant (CPA) not affiliated with the company to provide an objective opinion. Which form should the company use for this report?

Form 10-K

A U.S. company operating in Country I has detected instances of child labor in one of their manufacturing facilities abroad. What is the reason for this occurrence?

Local governments are sometimes unwilling or unable to enforce laws and regulations.

Multiple customers are accusing a company of making false claims about their nutritional supplements. The Federal Trade Commission (FTC) investigates and concludes that no scientific evidence supports the company's claims about the product. The FTC sends the company a consent order. What is the objective of the consent order?

To get the company to comply voluntarily

How does the Bureau of Consumer Protection help protect consumers against unfair trade practices?

By enforcing consumer protection laws

A store offers its customers a "buy one, get one free" offer as part of a Black Friday promotion for a new line of cell phones. Customers were not informed that they had to buy a phone plan at a 100% inflated price to be eligible for the offer.Which unfair trade practice did the store adopt?

Misleading price information

A consumer approached a shop to purchase edible oil and enquire about its ingredients before making a final purchase. A seller did not disclose the ingredients of an edible product before accepting payment for it.Which unfair trade practice did the seller adopt?

Failing to disclose pertinent information

What is used to measure the sustainability of an organization's social responsibility efforts?

Triple Bottom Line model

A company includes green business practices in its code of conduct. What is a direct benefit that the company will have due to this practice?

Positive benevolent halo effect

An employee at a company arrives consistently late. The employee's manager checks the company policy about tardiness. The policy states that employees who arrive late may be subject to disciplinary action, up to and including termination. The manager also remembers hearing another employee being verbally warned about a similar situation.What should be the first action by the manager?

Consult with HR.

One of a company's items has been in production for six months but is still sold stating "new." Which unfair practice is the company engaged in, according to the Federal Trade Commission Act?

Misrepresenting a product

The company did not earn enough profits to provide a salary raise to its employees in the year 2014. In 2015, the CEO of the company took a pay cut to raise employee salaries. This led the employees to stay and work hard to achieve the organizational goals. What effect did the company likely experience after the change?

Revenue and profits increased.

An employee of a manufacturing company is married to a member of the military. Their spouse is seriously injured and requires round-the-clock care at home. The employee requests a leave of 20 weeks. What is a likely outcome considering the Family and Medical Leave Act (FMLA)?

The employer must accept the request since this is for a family member of a veteran.

A delivery driver runs a red light and causes an accident, injuring another driver. The injured driver sues both the delivery driver and the driver's employing restaurant chain for damages. The restaurant chain claims they are not responsible for the driver's actions as the driver is an independent contractor and not an employee. Which legal doctrine could hold the restaurant chain responsible for the driver's actions?

Vicarious liability

Women and Black, Indigenous, People of Color (BIPOC) professionals are disproportionately employed in non-management service-based roles at a company. The organization is seeking ways to increase the representation of these employees in management positions. What can the company do to address this issue?

Implement a temporary voluntary affirmative action plan.

A supervisor has concerns that a pregnant employee will fail to keep up with their workload once the baby is born. What further action is a violation of Title VII prohibitions against pregnancy discrimination in this scenario?

The supervisor expresses their concerns to other employees.

An employee at a company files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that they were wrongfully terminated due to their race. After a thorough investigation, the EEOC determines that the company did, in fact, discriminate against the employee based on their race. What type of damages should the employee be potentially awarded by the EEOC?

Compensatory damages

A journalist publishes an article about a company's chief executive officer (CEO), claiming that the CEO is involved in illegal activities. The CEO sues the journalist for defamation, for which the journalist uses the defense of absolute privilege. What protection does the defense of absolute privilege provide the journalist?

Absolute privilege protects statements made in the media, but only if they are made in good faith and without malice.

A company issued a job opening for the position of driver, imposing an age limit stating that persons over 45 are not eligible based on the idea that the job involves public safety. Which defense is applicable against disparate impact claims?

The occupational qualification defense

A travel company conducts a cost-cutting study and analyzes individual employee performance data. According to the study, two employees in their 40s consistently handle the fewest clients, and their processing time is longer than average. Management makes the decision to fire the two employees. Employees who were fired filed a complaint with the Equal Employment Opportunity Commission (EEOC). What is the employer's defense against disparate impact claims?

The company followed reasonable factors other than age.

A well-known men's clothing brand advertises a need for models for a new advertising campaign. A female model expresses interest in working as a model for the line, but the application is denied due to the model's gender. The model files a lawsuit against the company for gender discrimination. What defense protects the company from the lawsuit?

Bona fide occupational qualification (BFOQ) stating the nature of the job requires a male candidate

A hotel has declared bankruptcy. The former employees sued it for unpaid wages under the Fair Labor Standards Act (FLSA). The defendants in the suit are the chairman, who owns a 30% stake in the business, and the Chief Executive Officer (CEO), who owns a 70% stake in the business. The defendants claim that the liquidation of the business relieved them of their duty to pay the employee wages. What will the court decide regarding the defendant's claim?

The court will not agree to the defendants' claim and state that the defendants are independently liable under the FLSA.

A federal warehouse pays their employees $7.25 per hour for a 45-hour work week. The state mandates a minimum wage rate of $8 per hour. What valid reason is there for the hourly wage rate to be below state mandates?

The employer is required to follow the federal minimum wage rate and not the state minimum wage rate.

The human resource manager at a private company seeks to offer various benefits to its employees. However, an employee is terminated and faces problem in continuing its health insurance. Under which act the employee can safeguard its health insurance even after termination?

Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)

A bank files charges against one of the cashiers for using a clients' money for personal purposes. However, the employee maintains that they did not commit this act and demands proof. Which fundamental right is the employee exercising in this case?

Due process clause

A medical clinic is staffed by senior medical providers and support nurses. During a consultation with a patient, one of the providers wants to consult with a colleague about the patient's symptoms. What information can the provider share with their colleague according to the minimum necessary standard?

Lab results for the current consultation along with the patients' medical history

An employee reports concerns about potential violations of privacy rights in the workplace. What action should the organization take to ensure compliance with employment laws and regulations?

Investigate the reported concerns, addressing any potential violations of privacy rights.

An employer wishes to hire a job applicant. The employer wants to conduct a background check on the applicant through a credit reporting agency (CRA). To avoid a violation of the Fair Credit Reporting Act (FCRA), the employer must complete the pre-commencement requirements. What measures does the employer need to take before commencing the background check?

The employer must obtain written permission from the job applicant.

A foreign company operates as a host company's subsidiary. The host firm monitors the foreign company's operations and ensures that it follows the Equal Employment Opportunity Commission's (EEOC) rules. What aspect should the hosting company consider while evaluating the management of the foreign company?

Centralization of labor relations control

When checked by government officials, an employer is found to be violating the Immigration Reform and Control Act (IRCA). The employer is penalized for this violation. Which unlawful activity by the employer would be considered a violation of the Immigration Reform and Control Act?

The employer hires an undocumented alien in exchange for a new contract from a relative of the alien.

Two countries sign a Friendship, Commerce, and Navigation (FCN) Treaty to enhance trade and shipping. However, it was found that one of the companies working for the country had violated some of the terms outlined in the agreement, and as a result, responsibility is placed on the country. What company behavior could feasibly have broken the agreement?

Restricted exchange of capital and technology

An employee posted some comments on social media about the employer and were considered objectionable by the HR department. The employee got terminated for this act. The employee approaches the National Labor Relations Board (NLRB) for grievance redress. What is the immediate action by the NLRB based on the event of a complaint by an employee about their termination?

Put together a team to investigate the employee's grievance.

An inspection is carried out by agents from the Bureau of Immigration and Customs Enforcement (ICE) at a workplace. The employer files a complaint against the bureau, claiming that their actions violated the employer's rights. What would be valid grounds for the employer's complaint?

The agency entered the workplace without a search warrant or employer permission.

Which information about their employees do employers use form I-9 to attest?

Employment eligibility

A manager at an organization is considering including drug testing in the organization's recruiting procedure. What advice may human resources (HR) give on the legitimacy of pre-employment drug testing?

It is legal as long as the manager obtains written consent from the applicants and complies with applicable laws and regulations.

A manager at a company is hiring for an open position. The hiring manager looks over resumes and notices that many of them have inconsistent work histories, including frequent job hopping and employment gaps. Concerned about how to handle these inconsistencies, the manager consults Human Resources (HR) to ask for advice. What action should the manager take considering the inconsistent work histories found in the resumes?

Request additional information from the candidates to explain the inconsistencies in their work histories.

A hiring manager at a technology company is designing a job description for a software developer position. The manager wants to include the phrase "recent college graduate" as a requirement. How should this language be revised to ensure compliance with employment laws?

Remove the word "recent" as it could be considered an age requirement in violation of the Age Discrimination Employment Act (ADEA) of 1967.

A hiring manager at a software company is considering asking candidates to write a piece of code during their job interviews in order to provide valuable insights into a candidate's job performance. What should HR recommend to ensure the legality of requiring candidates to write a piece of code during the job interview?

This can be allowed as a criterion-based study.

A senior manager at a company is looking at promotion recommendations. One of the managers under them is recommending the promotion of a male employee with one year of experience and average reviews over a female employee with three years of experience and excellent reviews. The senior manager asks Human Resources for input on the situation. What Title VII provision does the scenario seem to violate?

Disparate treatment

A manager in a manufacturing company is writing a job description for a position that requires carrying 50-pound packages regularly. The manager is concerned that adding the requirement to be able to lift 50 pounds to the job description can be a legal violation. They consult with their HR department. When is including language for lifting requirements acceptable?

When the job cannot be completed without the ability to lift the designated weight.

Multinational companies X and Y work together on a project. The working styles and cultures of the two companies are different. To ensure effective communication, Company X creates a checklist of items to ensure that the meeting is relevant to the assignment. Which item will Company X eliminate when preparing for the presentation?

Presenting detailed information

Two new remote workers are hired by a software development company. The business plans to conduct the onboarding and training sessions for new hires online. How should the business go about onboarding and training new employees?

Webinars

A cosmetics firm manufactures a beauty cream using natural ingredients and ensures that there is negligible impact on the environment during the manufacturing process. However, the firm promotes the product as providing a white complexion, which raises concerns about color discrimination. Which ethical principle is the company breaking?

Matching ethical actions with marketing practices

An organization has offices around the globe. An office in Country A has employees who check their emails once a day, while the office in Country S has employees who check their emails frequently. This leads to communication gaps and social distance in the organization. What is the root cause of this social distance?

Process

An international company wants to share documents with multiple users across their global workforce to promote and foster collaboration and teamwork. What form of communication will achieve this goal?

The cloud

An organization has become increasingly diverse over the years, which has necessitated a diversity management strategy. The objective of the strategy is to promote recognition and respect for individual differences.

They help maintain bonds, equality, and diversity across different business functions.

An information technology company discovers that fostering a culture of trust can support the company in achieving successful outcomes. The company prepares a list of the business outcomes that can be gained from high trust culture to be reduced to the key outcomes. Which business outcome will the organization eliminate from its list?

High turnover rates

A company intends to grow worldwide and develop a strategy that encourages workers to become capable leaders. It considers the workers' awareness and acceptance of diversity to be a crucial component of this. Employees should also have a wide, global view on business. What traits should the company encourage in employees?

Mindfulness and a global mindset

A big manufacturing company's human resource (HR) management wants to enhance employee relations and thinks that a strategy based on behaviors and attitudes would be most successful. The HR manager puts into effect a number of initiatives, including frequent employee surveys, open-door policies, and employee appreciation. Which actions and attitudes strategy is the HR manager doing to foster good employee relations?

Putting emphasis on fostering a positive workplace culture through better management practices.

A manager notices a decline in employee morale and productivity in the department. The manager wants to improve employee relations and build a positive work environment. Which practice should the manager use to build positive employee relations in this situation?

Organize team-building activities and social events to foster a sense of camaraderie among employees.

A manufacturing company was found to have several safety violations during an Occupational Safety and Health Administration inspection. The company was issued citations and fines for non-compliance with the Occupational Safety and Health Act (OSHA.) Why was the company penalized for this violation?

To encourage the manufacturing company to comply with OSHA.

A company has noticed a decrease in morale among employees, resulting in decreased productivity and increased absenteeism. In response, the human resources (HR) department is exploring ways to improve morale and build positive employee relations. Which action will improve morale in this scenario and build positive employee relations?

Offering additional training and development opportunities

The human resources (HR) manager of a manufacturing company has recently implemented the OSHA Be Safe & Sound at Work Program to promote a safe and healthy work environment. The manager wants to ensure positive employee relations while also effectively encouraging employees to be safe. Which strategy will be effective in achieving this goal?

Implementing regular safety training programs and encouraging employee participation.

A retail store chain with locations across the country has recently experienced an increase in workplace incidents, including verbal and physical altercations between employees and customers. As a result, a human resources (HR) manager has been entrusted with establishing a formal workplace violence prevention program to safeguard workers and customers. What should the HR manager do to ensure the program is effective?

Hold a meeting to discuss the program with employees and encourage feedback.

An employee at a company reports to the human resources (HR) department that another employee used company funds to buy a vehicle for personal use. What should the HR department do to resolve the issue?

Address the issue privately with the offending employee.

A company is planning to hire new employees for its customer service department. The human resources (HR) team wants to ensure that the recruitment process is fair and does not discriminate against any group of candidates. What step should the HR team take to ensure they avoid discrimination in hiring?

Use objective criteria such as education, skills, competency, and work experience to evaluate candidates.

A company has decided to downsize its workforce to mitigate the impact of rising operational costs. As a result, the management team terminates 90% of its manufacturing division which happens to be mostly people of color. Which is true regarding the actions of the company?

The company has the legal right to terminate these employees.

An employee at a religiously affiliated school makes social media posts favoring a specific religious practice. The employee's manager asks them to remove these posts, and the employee is later terminated for refusing to do so. What action was the manager justified in taking regarding the post?

Ask the employee to remove the social media posts.

An employee survey reveals that conflict is a major issue throughout the organization. In response, the chief executive officer (CEO) sends a memo to all managers, requesting that they address conflict and communication issues within their teams. Which statement is true regarding conflict in this organization?

It is inevitable in the workplace and can be mitigated, but not eliminated.

A corporate manager is very knowledgeable and has a great relationship with all levels of staff throughout the organization. Although the manager is very direct when communicating, they are also compassionate and able to effectively lead in stressful situations. What level of emotional intelligence is the manager displaying?

The manager has a high level of emotional intelligence.

An investigator must conduct a credibility analysis of a witness's statements before making any judgement about an event. Which factor is the investigator less inclined to consider when determining credibility in this scenario?

How was the individual's demeanor during the interview?

An investigator receives a complaint of workplace fraud. To begin the investigation process, the investigator first creates an investigation plan. What is the second step the investigator should take?

Create a witness list

An investigator interviewing a witness finds that the witness is unable to recall the events in question. What can an investigator do to help the witness recall the events?

Use different support tools

A plant manager is informed of a worker who received an electric shock while operating a machine. An investigation takes place and reveals that the same incident has occurred several times with multiple workers operating the same machine. What should the plant manager do first to avoid the situation in future?

Identify the cause of the incident.

An employee accuses their supervisor of using inappropriate language on the production floor. The human resources department investigates the claim and finds that the complainant was actually the one using inappropriate language. What does this situation demonstrate?

False claim

Two employees have a dispute over who should claim commission on an order from a client. Which method or technique of dispute resolution will allow the employees to have control over the decision made?

Mediation

A harassment complaint is filed against an employee. During the investigation, it is identified that the employee has sent lewd photos and messages to the complainant. An investigator ensures that factual determinations are derived at the end of the investigation. What would be considered as discovered for the report?

The record of photos and messages shared by the employee

A steel manufacturing company lacks a proper tracking system that can monitor failures and advocate for solutions to control or eliminate workplace incidents related to fraud and safety. Which effect can the company expect due to these weaknesses within the organization?

Increased liability and legal risks