PHR practice test, seven areas in one set

A benefits broker whose contract is up for renewal offers the HR manager free tickets to a playoff game. The company's gift policy caps gifts at $50. What should the HR manager do?

1. Accept, but pay half of the face value
   Paying half still leaves a gift above the cap from a vendor awaiting a decision.
2. Decline the tickets and disclose the offer
   The tickets exceed the $50 cap and come from a vendor with a pending renewal, so the manager declines and discloses the offer.
3. Accept; tickets do not change judgment
   Believing tickets won't affect judgment does not remove the conflict of interest or the policy breach.
4. Accept once the renewal decision is final
   Accepting after the renewal looks like a reward for the outcome.

Executives want HR to report measures across financial, customer, internal-process and learning-and-growth perspectives. Which tool fits this request?

1. Gap analysis of HR goals
   A gap analysis compares current and desired states; it does not track measures across these perspectives.
2. SWOT analysis
   SWOT lists strengths, weaknesses, opportunities and threats; it is not a measurement framework.
3. PESTLE analysis
   PESTLE scans external forces; it does not organize performance measures into four perspectives.
4. Balanced scorecard
   The balanced scorecard groups measures into financial, customer, internal-process and learning-and-growth perspectives.

HR has listed a dozen workforce risks, from key-person departures to I-9 errors. Which method BEST prioritizes them for action?

1. Score each by likelihood and impact
   Scoring each risk on likelihood and impact shows which ones need action first.
2. Rank them by how often managers mention each
   How often managers mention a risk reflects attention, not actual exposure.
3. Rank them by the cost to mitigate each
   Mitigation cost matters later, but ranking by cost alone can push serious risks down the list.
4. Rank them by how recently each occurred
   Recency ignores how likely or harmful a risk is.

A company lists 'customer first' as a core value but sees little of it in practice. Which HR practice would BEST build the value into daily behavior?

1. Print the value on all employee ID badges
   Printing the value on badges raises awareness but does not change behavior.
2. Hire and appraise on customer service
   Building the value into hiring criteria and performance appraisals ties it to how people are selected and judged.
3. Mention the value once at new-hire orientation
   A single mention at orientation is soon forgotten and is not reinforced.
4. Add the value to every email signature
   Email signatures repeat the slogan without linking it to how work is done or rewarded.

During an environmental scan, an HR manager notes that a federal law enacted this year will require employers to provide a new type of job-protected leave starting next year. In a PESTLE analysis, where does this factor belong?

1. Political
   Political factors are government stability, policy direction and debate; a law already enacted is a legal requirement.
2. Economic
   Economic factors cover markets, inflation and labor costs, not new legal mandates.
3. Social
   Social factors cover demographics and attitudes, not a statutory duty.
4. Legal
   An enacted statute that creates a new legal obligation is a legal factor in PESTLE.

Leaders created a clear vision for a new customer-service model, but a survey shows most employees cannot describe it. Which Kotter step needs more work?

1. Communicating the vision
   Employees cannot describe a vision that leaders have created, so it has not been communicated well enough.
2. Creating a sense of urgency
   Urgency is about why change is needed now; the gap here is understanding the vision.
3. Building a guiding coalition
   A guiding coalition is about who leads the change, not whether employees understand the vision.
4. Anchoring the change in culture
   Anchoring in culture comes last, after the change is in place.

Before a major reorganization, HR wants to know which departments are most likely to resist. Which tool is BEST?

1. A compa-ratio report by department
   Compa-ratios describe pay position, not readiness for change.
2. A change readiness assessment
   A change readiness assessment measures attitudes and capacity for change by unit before the reorganization starts.
3. An analysis of exit interview data
   Exit interviews reflect why people left, not how current departments will react to change.
4. A job evaluation of affected roles
   Job evaluation sets the relative value of jobs; it does not gauge resistance.

A company moves to a matrix structure in which engineers report both to a functional manager and to a project manager. Which issue should HR MOST expect to address?

1. Loss of technical depth within each function
   Functional managers keep their technical depth in a matrix, so loss of depth is not the typical problem.
2. Slower resource sharing across departments
   A matrix is designed to make sharing resources across departments faster, not slower.
3. Conflicting priorities from two managers
   Reporting to two managers in a matrix often creates competing demands that HR must help resolve.
4. Fewer cross-department project teams formed
   A matrix exists to support cross-department project teams, not to reduce them.

A delivery company sets drivers' routes and hours, provides the vans and pays an hourly rate, but calls the drivers independent contractors under signed agreements. How should HR assess their status?

1. As employees, because the company controls the work
   Control over routes and hours, company vans and hourly pay all point to employee status under both the DOL and IRS tests.
2. As contractors, because they are paid on a Form 1099
   Paying on a Form 1099 does not decide status; the facts of control and dependence do.
3. As employees only when they work over 40 hours a week
   Status does not change with weekly hours; overtime rules follow from being an employee in the first place.
4. As contractors, because they signed contractor agreements
   A signed agreement is a label; agencies look at the actual working relationship.

A company gives the same skills test to a group of applicants twice, two weeks apart, and their scores barely change. Which property does this show?

1. Test-retest reliability
   Stable scores when the same people take the same test twice show test-retest reliability.
2. Content validity
   Content validity is how well the test samples the job, which repeating it does not show.
3. Predictive validity
   Predictive validity is whether scores forecast later performance, which this comparison does not test.
4. Inter-rater reliability
   Inter-rater reliability is agreement between different scorers, not stability over time.

Which selection method BEST predicts how first-line supervisor candidates will handle realistic tasks such as an in-basket exercise, a role-play and a group problem?

1. A personality inventory
   A personality inventory measures traits, not performance on supervisory simulations.
2. A review of degrees earned
   Degrees show education, not how someone handles an in-basket or a role-play.
3. An assessment center
   An assessment center rates candidates on job simulations such as in-baskets, role-plays and group exercises, so it predicts how they handle those tasks.
4. An unstructured interview
   Unstructured interviews are less reliable and do not observe the candidate doing realistic tasks.

A company's cognitive ability test is passed by 70% of white applicants and 50% of Hispanic applicants. Applying the four-fifths rule, what should HR conclude?

1. No adverse impact is indicated; the gap is only 20 points
   The rule compares the ratio of selection rates, not the percentage-point gap.
2. Adverse impact exists only if the test is proven invalid
   Impact is found from the ratio alone; validity is the employer's defense afterward, not part of finding impact.
3. No adverse impact is indicated; the ratio is about 140%
   140% divides the higher rate by the lower, which inverts the test.
4. Adverse impact is indicated; the ratio is about 71%
   The four-fifths rule divides the lower rate by the higher: 50 ÷ 70 ≈ 71%, which is below 80%, so adverse impact is indicated.

Panel ratings of the same candidates vary widely, and an applicant has alleged that interviewers asked women different questions than men. Which change would BEST improve consistency and legal defensibility?

1. Have only the hiring manager interview candidates
   A single interviewer concentrates bias rather than reducing it.
2. Add a stress interview to test composure
   A stress interview adds pressure without making ratings more consistent or defensible.
3. Ask everyone the same job-related, scored questions
   The same job-related, scored questions for every candidate make ratings consistent and remove differential treatment by sex.
4. Let each interviewer tailor the questions to each résumé
   Tailoring questions to each résumé brings back the inconsistency that caused the complaint.

An employee at a site with 80 employees has worked for the company for 14 months and worked 1,100 hours in the past 12 months. The employee asks for leave for a serious health condition. Is the employee FMLA-eligible?

1. Yes; the employee has more than 12 months of total service
   Twelve months of service alone is not enough; the 1,250-hour test must also be met.
2. Yes; every employee at a 50+ employee site qualifies
   Site size is only one test, so not every employee at a covered site qualifies.
3. No; eligibility requires 24 months of service
   The service requirement is 12 months, not 24.
4. No; the employee lacks 1,250 hours in the past 12 months
   FMLA eligibility needs 12 months of service, 1,250 hours in the past 12 months and a 50-employee site within 75 miles; 1,100 hours falls short.

A rejected applicant shows she is in a protected class, was qualified, was turned down, and the job stayed open to others. Under the McDonnell Douglas framework, what must the employer do next?

1. State a legitimate, nondiscriminatory reason
   Once the applicant makes a prima facie case, the employer must state a legitimate, nondiscriminatory reason for the decision.
2. Show the hiring rule is a business necessity
   Business necessity is a defense in disparate impact cases, not the next step in McDonnell Douglas.
3. Prove it had no intent to discriminate at all
   The employer only has to articulate a reason; it does not have to prove a total absence of intent.
4. Show the job requires a bona fide occupational qualification
   A BFOQ is a narrow defense for openly using sex, religion, national origin or age, not the general rebuttal step.

As part of workforce planning, HR has forecast the skills the business will need in three years. What should HR do NEXT to identify skill gaps?

1. Begin external recruiting to bring in the forecast skills now
   Recruiting before the gaps are known risks bringing in skills the company already has.
2. Estimate the budget needed to close the gaps
   Budgeting to close the gaps requires knowing what they are first.
3. Design training programs for the forecast skills
   Designing training comes after the gaps are identified.
4. Inventory current skills and compare them to the forecast
   To find gaps, compare an inventory of current skills with the forecast of future needs.

At the end of a one-year pilot, leadership must decide whether to keep funding a mentoring program. Which type of evaluation does this decision need?

1. Formative evaluation
   Formative evaluation improves a program while it is being built, not at a funding decision point.
2. A second pilot test
   Another pilot delays the decision rather than evaluating the one that just ran.
3. Training needs assessment
   A needs assessment decides whether training is needed at all; the pilot already exists.
4. Summative evaluation
   A decision on whether to keep funding a finished pilot calls for a summative evaluation of its results.

A manager asks HR for a document that shows, for each key position, the named backup and how soon that person will be ready to step in. What should HR provide?

1. A replacement chart
   A replacement chart names the backup for each key position and shows each backup's readiness.
2. An organization chart
   An organization chart shows reporting lines, not backups or readiness.
3. A talent pool list
   A talent pool groups promising people for broad roles rather than naming one backup per position.
4. A skills inventory
   A skills inventory lists employees' skills, not named successors with readiness dates.

HR is selecting employees for a leadership development program. Which data is MOST useful for choosing participants?

1. Attendance records
   Attendance shows reliability, not leadership potential.
2. Performance ratings combined with potential
   Combining current performance with assessed potential picks those most likely to succeed in larger roles.
3. Length of service
   Length of service measures tenure, not readiness for leadership.
4. Self-nominations from interested employees alone
   Self-nomination alone shows interest, not capability.

Learners say a required course feels unrelated to their daily work and they cannot see why they should care. Under Keller's ARCS model of motivation, which component should the designer strengthen FIRST?

1. Attention
   Attention is about capturing interest, but the learners' complaint is that the content doesn't connect to their jobs.
2. Relevance
   Learners who cannot see how a course connects to their work have a relevance problem, so relevance comes first.
3. Satisfaction
   Satisfaction concerns feeling rewarded by the outcome, which comes after learners see why the content matters.
4. Confidence
   Confidence concerns expecting to succeed, which the learners do not mention.

An employee in a support role wants to prepare for a data analyst position that may open within two years. Which tool BEST structures this development?

1. A succession replacement chart
   A replacement chart is an organizational succession tool, not a personal development plan.
2. An individual development plan
   An individual development plan sets the target role, the skills to build and the activities and timeline to get there.
3. The job description for the current role
   The current job description describes today's role, not the analyst skills to be built.
4. A performance improvement plan
   A PIP addresses unmet standards in the current job, not preparation for a future role.

A forklift training program must certify that every trainee can perform a defined set of safety tasks to a fixed standard before operating equipment. Which measurement approach is MOST appropriate?

1. A reaction survey completed at the end of the course
   A reaction survey measures satisfaction, not whether a trainee can perform the tasks.
2. Criterion-referenced testing to the standard
   Criterion-referenced testing checks each trainee against a fixed standard, which is what safety certification requires.
3. Ranking trainees from the strongest to the weakest
   Ranking orders trainees but does not show whether each one meets the safety standard.
4. Norm-referenced grading of trainees on a bell curve
   Norm-referenced grading compares trainees with one another, so someone could pass without meeting the standard.

A nonexempt employee earns $16 per hour plus a $2 per hour night-shift differential and works 44 night hours in one workweek. What overtime rate is owed for hours over 40?

1. $36 per hour
   $36 is double the regular rate; the FLSA requires time and a half.
2. $24 per hour
   $24 is 1.5 × $16, which leaves the differential out of the regular rate.
3. $26 per hour
   $26 adds the $2 differential to 1.5 × $16 instead of including it before multiplying.
4. $27 per hour
   The shift differential is part of the regular rate ($18), so overtime is 1.5 × $18 = $27 per hour.

A company hires a third-party administrator (TPA) to run its 401(k) plan. Which responsibility remains with the company as plan sponsor?

1. Processing every participant loan itself
   Processing loans is administrative work the TPA can take over.
2. Calculating each account's daily balance
   Daily account calculations are typically done by the TPA or recordkeeper.
3. Prudently selecting and monitoring the TPA
   Hiring a service provider is a fiduciary act, so the sponsor must choose the TPA prudently and keep monitoring it.
4. None; fiduciary duty shifts to the TPA
   Delegating administration does not end the sponsor's fiduciary duty to select and oversee the provider.

An organization is building a new compensation structure and wants jobs of equal value to be paid alike across departments. Which factor is MOST critical for this internal equity?

1. Budget constraints
   The budget limits how fast pay can move but does not define which jobs are of equal value.
2. Job evaluation
   Job evaluation ranks jobs by their content and value inside the organization, which is the basis of internal equity.
3. Employee tenure
   Tenure varies by person and says nothing about a job's value.
4. Market rates
   Market rates drive external competitiveness, not equal pay for jobs of equal internal value.

A 401(k) plan committee keeps several high-fee funds in the lineup mainly because the CEO's friend manages them. Which ERISA fiduciary duty is MOST clearly violated?

1. The duty of loyalty
   Keeping high-fee funds to benefit the CEO's friend instead of participants breaches the duty of loyalty (exclusive benefit).
2. The duty to diversify plan assets
   Diversification concerns spreading investments to reduce risk, not conflicts of interest.
3. The duty to provide an SPD on time
   Providing an SPD on time is a disclosure duty and is not at issue here.
4. The duty to follow vesting rules
   Vesting rules govern when benefits become nonforfeitable, not how funds are chosen.

An employee earns $58,500. The salary range for the job is $50,000 to $80,000. What is the employee's compa-ratio?

1. 0.28
   0.28 is range penetration (($58,500 − $50,000) ÷ $30,000), not the compa-ratio.
2. 0.73
   0.73 divides the salary by the range maximum instead of the midpoint.
3. 0.90
   The range midpoint is $65,000, so the compa-ratio is $58,500 ÷ $65,000 = 0.90.
4. 1.17
   1.17 divides the salary by the range minimum instead of the midpoint.

A new business owner asks HR which benefit federal law requires every private employer to provide. Which benefit should HR name?

1. Employer Social Security and Medicare (FICA) taxes
   Every private employer must pay the employer share of Social Security and Medicare (FICA), which funds a legally required benefit.
2. Paid vacation for employees who work full time
   Federal law does not require paid vacation for anyone.
3. Group health insurance once there are 20 employees
   No federal law requires small employers to offer group health insurance; 20 employees is the COBRA threshold, not a mandate to offer a plan.
4. Paid family leave for employees eligible for FMLA
   FMLA leave is unpaid; federal law does not require paid family leave (some states do).

An employee wants to make HSA contributions for 2026. Which condition must the employee meet?

1. Be covered by a qualified HDHP
   To contribute to an HSA, the employee must be covered by an HSA-qualified high-deductible health plan and have no disqualifying other coverage.
2. Have the employer contribute to the account
   Employer contributions are optional; the employee can fund the HSA alone.
3. Also be enrolled in a general-purpose health FSA
   A general-purpose health FSA is disqualifying coverage that blocks HSA contributions.
4. Be enrolled in any PPO plan the employer offers
   A PPO counts only if it meets the HDHP deductible and out-of-pocket rules, so 'any PPO' does not qualify.

A company's defined benefit pension plan uses graded vesting. What is the latest point by which ERISA requires participants to be fully vested?

1. After 6 years of service
   6 years is the graded limit for defined contribution plans, not defined benefit plans.
2. After 3 years of service
   3 years is the cliff limit for defined contribution plans.
3. After 7 years of service
   A defined benefit plan's graded schedule must reach 100% vesting by 7 years of service (3-to-7-year graded).
4. After 5 years of service
   5 years is the defined benefit cliff limit, which does not apply to a graded schedule.

An employee enrolled in employee-only health coverage through a Section 125 cafeteria plan has a baby in June. What can the employee do?

1. Add the child only after a 90-day waiting period ends
   A newborn added through special enrollment is covered from the date of birth, with no 90-day wait.
2. Change any benefit election at any time during the year
   Section 125 elections are irrevocable during the year except for qualifying events, so changes are not allowed at any time.
3. Add the child mid-year within the plan's window
   A birth is a HIPAA special enrollment event and a permitted Section 125 change, so the child can be added mid-year if the employee requests it in time (at least 30 days).
4. Wait until the next open enrollment period to add the child
   Waiting for open enrollment is not required, because a birth permits a mid-year change.

A new manager takes over a team that was very loyal to its previous leader. Team members are guarded, and pulse scores have dipped. What should HR recommend?

1. Letting the team adjust on its own over time
   Letting the team adjust on its own leaves the mistrust in place while pulse scores keep falling.
2. Asking the former leader to keep advising
   Keeping the former leader as an advisor undercuts the new manager's authority and prolongs the old loyalty.
3. A facilitated new-leader assimilation
   A facilitated new-leader assimilation lets the team voice expectations and concerns and lets the manager explain how they work, which builds trust quickly.
4. Quick process changes to set a new tone
   Quick process changes signal disregard for the team's history and deepen the guardedness.

After an across-the-board 6% raise, a follow-up survey shows pay complaints dropped, but discretionary effort and motivation did not change. Which theory BEST explains this result?

1. Maslow's hierarchy of needs
   Maslow describes a hierarchy of needs but does not predict that pay removes complaints without adding motivation.
2. Vroom's expectancy theory
   Expectancy theory links effort to rewards that depend on performance; it does not explain why complaints fell while motivation stayed flat.
3. Adams' equity theory
   Equity theory concerns fairness relative to others, and an across-the-board raise leaves everyone's relative standing unchanged.
4. Herzberg's two-factor model
   Herzberg treats pay as a hygiene factor: raising it ends complaints but does not motivate, as these results show.

A team meets to generate solutions to its low engagement, but a few strong personalities dominate every discussion. Which technique BEST ensures that every member's ideas are heard?

1. Manager-led focus group
   A manager-led focus group can make members less candid and does not stop dominant voices.
2. Nominal group technique
   The nominal group technique has members write ideas silently and share them in turn, so dominant voices cannot crowd others out.
3. Delphi technique
   The Delphi technique collects anonymous expert input over remote rounds; it is slow and does not fit a live team meeting.
4. Open brainstorming session
   Open brainstorming is the format in which strong personalities take over.

A wellness program has 60% participation, but survey scores on burnout have not improved in a year. What should HR examine FIRST?

1. Whether incentives are high enough to raise participation
   Higher participation in the same program will not help if the program does not reach the causes.
2. Whether the vendor's fees are below market rates
   Vendor fees concern cost, not why burnout scores have not moved.
3. Whether more wellness activities could be added
   More activities add more of what is not working without looking at the root cause.
4. Whether workload causes of burnout are being addressed
   Burnout usually comes from workload and job demands, so HR should check whether those causes are being addressed.

HR tracks absenteeism as an engagement indicator. A unit of 50 employees had 75 days of unplanned absence in a month with 20 workdays. What is the absenteeism rate?

1. 7.5%
   Scheduled days are 50 × 20 = 1,000, and 75 ÷ 1,000 = 7.5%.
2. 1.5%
   1.5% treats 1.5 days of absence per employee as a percentage.
3. 3.8%
   3.8% divides by 2,000 days, double the 1,000 actually scheduled.
4. 15.0%
   15.0% divides by 500 days, half the 1,000 actually scheduled.

HR has revised its onboarding program. Which measures BEST show whether the program works?

1. Cost of onboarding materials per new hire
   Material cost per hire measures spending, not effectiveness.
2. Early retention and time to productivity
   Early retention and time to productivity show whether new hires stay and get up to speed, which is the program's purpose.
3. Orientation sessions held during the year
   Counting sessions measures activity, not results.
4. Share of new-hire forms done by day one
   Forms done by day one measure paperwork, not whether onboarding works.

A quality team's only goal is to 'improve quality.' Engagement is low, and members say they cannot tell whether they are making progress. What should HR recommend?

1. Set a zero-defect goal with penalties for misses
   A zero-defect goal with penalties adds pressure and fear without useful feedback.
2. Keep the broad goal to allow flexibility
   Keeping a vague goal leaves the team unable to tell whether it is making progress.
3. Remove goals to reduce pressure on the team
   Without goals the team has nothing to measure progress against.
4. Set measurable goals with regular feedback
   Specific, measurable goals with regular feedback let the team see its progress, which supports engagement.

Two members of a cross-functional project clash over priorities. Both of their goals matter to the project's success. Which conflict-handling approach is BEST?

1. Collaborating on a solution meeting both goals
   Collaborating looks for a solution that meets both goals, which fits when both priorities matter to the project.
2. Accommodating, with one side simply giving in
   Accommodating gives up one goal that the project actually needs.
3. Avoiding the issue until it fades on its own
   Avoiding leaves the clash unresolved while the project suffers.
4. Competing so the more senior member decides
   Competing lets rank decide and sacrifices one goal that matters.

HR launched stay interviews in one region six months ago. Leaders want to know whether the program is working. Which evaluation is BEST?

1. Wait for next year's annual survey results
   Waiting a year delays the evaluation, and a general survey cannot isolate this program's effect.
2. Regretted turnover versus baseline regions
   Comparing regretted turnover with baseline regions tests whether the stay interviews changed the outcome they target.
3. Ask managers whether they found it useful
   Managers' opinions of usefulness are reaction data, not evidence of results.
4. Count how many stay interviews were held
   Counting interviews measures activity, not impact.

Leaders of a company-sponsored women's employee resource group want to limit membership to women. A male employee has asked to join. What should HR advise?

1. Allow the limit; ERGs serve one group
   An ERG can focus on one group's interests but cannot exclude coworkers on the basis of a protected trait.
2. Let each ERG set its own membership rules
   Letting each ERG set its own rules allows unlawful exclusions to happen anyway.
3. Keep ERG membership open to all employees
   A company-sponsored group that excludes people by sex risks Title VII liability, so membership should be open to all employees.
4. Require proof of group identity to join
   Requiring proof of identity screens on a protected trait and makes the exclusion worse.

A supervisor orders an employee to clean a tank with a broken ventilation fan. The employee refuses, saying the fumes could kill someone, and the supervisor wants to write the employee up for insubordination. What should HR advise?

1. Treat the refusal as a voluntary resignation from the position
   Treating the refusal as a resignation is an adverse action that invites a retaliation claim.
2. Discipline only if the employee refused the order more than once
   Counting refusals does not matter; a protected refusal is protected the first time.
3. Discipline; refusing a direct order is always insubordination
   Refusing an order is not always insubordination; refusing imminently dangerous work can be protected.
4. Hold discipline; the refusal may be OSHA-protected
   OSHA protects a good-faith refusal when there is a reasonable belief of imminent danger of death or serious injury, so hold discipline and check the hazard.

In a performance review, a manager writes that a 61-year-old employee "lacks energy and should think about slowing down." What should HR do FIRST?

1. Keep it, but add the employee's written response
   An employee rebuttal does not remove the age-based comment from the record.
2. Have the comment removed and coach the manager
   The comment is age-based stereotyping that could be evidence in an ADEA claim, so remove it and coach the manager to document performance facts.
3. Keep it, if the performance problems are real
   Real performance problems should be described with facts, not age-based remarks.
4. Keep it; the ADEA covers only hiring and firing
   The ADEA covers all terms and conditions of employment, including reviews and promotions, not just hiring and firing.

An employee who uses a wheelchair asks for a $3,000 ramp at the entrance. The company has $50 million in revenue. Can it refuse the request as an undue hardship, and why?

1. Yes, any cost over $1,000 is an undue hardship
   The ADA sets no fixed dollar limit for undue hardship.
2. No, undue hardship can never excuse a ramp
   The undue-hardship defense does exist for any accommodation, a ramp included; it fails here only because $3,000 is small next to the company's resources.
3. No, the cost is small next to its resources
   Undue hardship is judged against the employer's resources, and $3,000 is small for a company with $50 million in revenue.
4. Yes, if she could work at another location
   Moving her elsewhere instead of making a reasonable change at her site is not a valid hardship defense when the ramp is feasible.

An offer letter states the role is 'a two-year appointment' and that the employee 'may be dismissed only for cause.' Six months later, the manager wants to end the job for budget reasons. How should HR advise?

1. Termination is allowed with 60 days' notice under WARN
   WARN covers mass layoffs and plant closings, not one individual's termination.
2. At-will status applies, as no union contract covers the role
   At-will status can be changed by an individual contract, not only by a union agreement.
3. At-will status applies, as offer letters are never contracts
   Offer letters can be contracts when they promise a fixed term or limit the reasons for dismissal.
4. The letter likely created a contract limiting termination
   A fixed two-year term and 'only for cause' language likely create an express contract that overrides at-will employment.

An employee returns from 10 weeks of FMLA leave and learns that the temporary replacement, who performed better, has been kept in the job. What must the employer do?

1. Restore the employee to the same or an equivalent job
   The FMLA requires restoring a returning employee to the same or an equivalent job, whatever the replacement's performance.
2. Offer severance; the position has been filled
   Severance does not satisfy the FMLA's reinstatement right.
3. Restore the employee only if the replacement later leaves
   Reinstatement cannot depend on the replacement leaving.
4. Keep the replacement and place the employee in any open job
   Any open job is not enough; the role must be equivalent in pay, benefits and terms.

A union wants the NLRB to hold a representation election for a unit of 200 warehouse employees. What minimum showing of employee support must accompany its petition?

1. 10% of the unit
   10% is too low; the NLRB requires 30% (10% matters only for an intervening union).
2. 30% of the unit
   An NLRB election petition must be backed by a showing of interest from at least 30% of the unit.
3. Two-thirds of the unit
   Two-thirds is not an NLRB requirement for anything in this process.
4. 50% of the unit plus one
   A majority is what voluntary recognition needs, not a petition.

A receptionist job description lists 'occasionally lifts boxes up to 50 pounds,' though receptionists have not lifted boxes in years. An applicant with a lifting restriction applies. How should HR treat the lifting duty under the ADA?

1. As essential, if the employer says it is essential
   The employer's view counts, but it cannot turn a duty nobody performs into an essential function.
2. As essential; it appears in the job description
   A job description is evidence but not proof; actual practice decides whether a duty is essential.
3. As likely marginal, so it cannot exclude the applicant
   A duty that is listed but has not actually been done in years is likely marginal, so it cannot be used to exclude the applicant.
4. As irrelevant until after the applicant is hired
   The ADA applies to applicants, so the duty's status matters before hire.

A nonunion employer's policy bans distributing any literature on company property. An employee hands out union flyers in the break room during breaks. May the employer discipline her?

1. No, and she may hand them out in work areas too
   The employer can keep distribution out of working areas, so she has no right to hand flyers out there.
2. Yes, if the flyers criticize the company's managers
   Criticism of managers does not strip the activity of NLRA protection.
3. No; nonwork areas during nonwork time are protected
   Employees may distribute literature in nonwork areas during nonwork time, so a total ban is overbroad and discipline is unlawful.
4. Yes, as distribution can be banned anywhere
   Distribution can be banned in working areas, not everywhere on the property.

After a harassment investigation, the evidence is mixed: there are no witnesses, but the complainant's account is detailed and consistent while the accused's is vague. Which standard should HR apply to reach a conclusion?

1. Whether a witness corroborates the complaint
   Corroboration helps, but a credible, consistent account can carry a finding without a witness.
2. Whether the accused admits the conduct
   Requiring an admission would let most harassment go unaddressed.
3. Whether it is proven beyond a reasonable doubt
   Beyond a reasonable doubt is the criminal standard and is far too high for an internal investigation.
4. Whether it more likely than not occurred
   Workplace investigations use a preponderance standard: whether the conduct more likely than not occurred.

During contract negotiations, the employer presents a 'final offer' on the first day, refuses to discuss any union proposals, and announces the terms directly to employees. What is the MOST likely legal issue?

1. Failure to bargain in good faith
   A take-it-or-leave-it offer on day one, refusal to discuss proposals and going directly to employees all point to bad-faith bargaining.
2. An unlawful secondary boycott
   A secondary boycott is union pressure on a neutral employer, which is not the case here.
3. A lawful last, best and final offer
   A last, best and final offer is lawful only after real bargaining, not on the first day.
4. A breach of the duty of fair representation
   The duty of fair representation is the union's duty to unit members, not the employer's.

A union represents employees at a plant in a right-to-work state. Which obligation does the union still have toward unit employees who pay no dues?

1. Fair representation in bargaining but not grievances
   The duty of fair representation covers contract administration and grievances too, not just bargaining.
2. Fair representation in bargaining and grievances
   As exclusive representative, the union owes fair representation in both bargaining and grievances to every unit employee, member or not.
3. None; nonmembers are outside the unit
   Nonmembers are still in the bargaining unit, so the union still owes them representation.
4. Representation only after they pay a fee
   In a right-to-work state the union cannot condition representation on paying a fee.

A safety review finds that workers are exposed to a toxic solvent while cleaning parts. Following the hierarchy of controls, which solution should be considered FIRST?

1. Issue respirators to all workers
   Respirators are PPE, the last line of defense, used only when higher controls are not feasible.
2. Limit each worker's time near the solvent
   Limiting exposure time is an administrative control, which ranks below substitution.
3. Replace it with a non-toxic solvent
   Substituting a non-toxic solvent removes the hazard at its source, the highest control among these options.
4. Post warning signs near the cleaning area
   Warning signs are an administrative control that leaves the toxic exposure in place.

A worker loses two fingertips in a press accident and is treated at a clinic without being hospitalized. How soon must the employer report the injury to OSHA?

1. Within 72 hours
   72 hours is not an OSHA reporting deadline.
2. Within 8 hours
   The 8-hour deadline applies only to work-related fatalities.
3. Within 7 days
   7 days is the deadline for recording a case on the 300 log, not for reporting it to OSHA.
4. Within 24 hours
   OSHA requires reporting an amputation, including loss of a fingertip, within 24 hours, even without hospitalization.

The same job is titled 'Sr. Accountant,' 'Senior Acct,' and 'Accountant II' at different sites, which distorts headcount and pay reports. What is the BEST fix?

1. A standard job catalog that sites pick from
   A standard job catalog gives every site the same title and code for the same job, so headcount and pay reports line up.
2. Have each site's HR approve new titles
   Site-level approval still leaves each site with its own titles and no shared codes, so reports across sites still won't line up.
3. Using pay grade alone in place of job titles
   Many different jobs share a grade, so dropping titles loses job-level reporting.
4. Free-text titles cleaned up once a year
   A yearly cleanup leaves the reports wrong for most of the year and lets new variants creep back.

An HRIS review finds that many records are missing emergency contacts and job codes. Which data quality measure captures this problem?

1. Consistency of values across systems
   Consistency compares values across systems; the problem here is missing values.
2. Accuracy rate in sampled audits
   Accuracy is whether recorded values are correct, not whether fields are blank.
3. Completeness of required fields
   Missing emergency contacts and job codes are gaps in required fields, which is completeness.
4. Timeliness of entry after hire
   Timeliness is how fast data is entered, not whether it is entered at all.

How long must an employer keep its OSHA 300 injury and illness logs?

1. Thirty years after the calendar year
   Thirty years applies to employee exposure and medical records under a different standard, not to 300 logs.
2. One year after the calendar year
   One year is far below the five-year requirement.
3. Three years after the calendar year
   Three years is too short for OSHA injury records.
4. Five years after the calendar year
   OSHA requires keeping 300 logs, 300A summaries and 301 forms for five years after the end of the calendar year they cover.

A benefits vendor needs a sample file to set up a new interface with the HRIS. What should HR send?

1. A full production file, sent just once
   Sending a full production file even once exposes real data before the interface is secure.
2. Screenshots of real employee records
   Screenshots of real records expose personal data and are no use for building an interface.
3. Masked or fictitious test records
   Testing needs the right file format, not real people, so masked or fictitious records protect employees while the interface is built.
4. A production file with names removed
   Removing names leaves SSNs, birth dates and addresses that can still identify people.

An HRIS audit trail shows that an HR user changed their own pay rate. Which control would have prevented this?

1. Blocking self-edits of records
   Blocking users from editing their own records enforces segregation of duties and prevents self-dealing.
2. Encrypting the pay rate field
   Encryption protects data from being read; an authorized user can still change it.
3. Monthly review of the audit trail
   Monthly review detects the change after it has happened; it does not prevent it.
4. Annual confidentiality training
   Training raises awareness but does not technically stop the edit.

A monthly report containing salary data is emailed to a list that still includes managers who have left or changed roles. What is the BEST fix?

1. Password-protect the emailed file each month
   A password on an emailed file still sends salary data to people who should no longer get it.
2. Post it in the HRIS with role-based access
   Posting the report inside the HRIS with role-based access keeps access in step with each person's current role.
3. Review the distribution list once a year
   A yearly review leaves months of exposure between updates.
4. Remove the salary columns for all recipients
   Removing the salary columns defeats the report's purpose for the managers who need it.