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ASA Certification
T/F - Due to joint employer liability, clients are advised to audit staffing company's I- 9 records. - correct answer ✔✔False Y/N - Your branch administrative assistant brings her lunch to work and continues to answer the phone while at lunch. Must she be paid for this time? - correct answer ✔✔Yes T/F - According to EEOC enforcement guidance, a staffing firm, its client, or both, can be held employers and liable for unlawful discriminatory conduct. - correct answer ✔✔True T/F - A staffing firm will generally be recognized as the employer for unemployment insurance purposes. - correct answer ✔✔True To reduce harassment claims, companies should have a written policy prohibiting the harassment of any employee because of the employee's __________. - correct answer ✔✔Disability, Sex, Religion, Town of Residence Which of the following should NOT be included in an employee agreement? - correct answer ✔✔Promise of Employment T/F - The American Staffing Association code of ethics requires members to strive to maintain the highest standards of integrity in advertising. - correct answer ✔✔True T/F - In most states, employers are required to offer health insurance and retirement benefits to their employees. - correct answer ✔✔False Y/N - Lourdes regularly makes complaints at work about the people she works with. She does not like the other workers she perceived to be too slow on the production line. Recently Lourdes refused to start up the production line with the workers scheduled for her line. She stated that she did not want to work with those "lazy
people." Is Lourdes protected from disciplinary action under public policy exception rules? - correct answer ✔✔No In regards to workers' compensation insurance, employers may ___________. - correct answer ✔✔Insure with the state fund, self-insure or purchase insurance from a private carrier. T/F - Clients never have employer responsibilities for staffing firm employees. - correct answer ✔✔False T/F - Computer professionals paid in excess of $20 per hour are exempt from the overtime provisions of the Fair Labor Standards Act. - correct answer ✔✔False Y/N - Is temporary work and part-time work the same thing? - correct answer ✔✔No T/F - An applicant seeks temporary work with your company. The applicant has provided her Massachusetts state driver's license and Social Security card as proof of her identity and eligibility to work in the United States, respectively. To comply with the Immigration Reform and Control Act, you must see additional proof of the applicant's work authorization. - correct answer ✔✔False Y/N - Jerry has developed a drinking problem and is frequently absent from work as a result. In addition, he has made several mistakes that have caused his employer to lose customers. If Jerry is terminated because of his attendance and performance issues, can he prevail on a disability discrimination claim under the ADA? - correct answer ✔✔No T/F - A Social Security card is valid to verify both identity and authorization to work for I-9 Form purposes. - correct answer ✔✔False T/F - An employee released from military duty has 30 days to give written or actual notice to the employer of intent to return to employment. - correct answer ✔✔False Judy accepted an offer of employment at ABC Staffing. After accepting the offer she realized that she lost her social security card and does not have another document
T/F - The American Staffing Association code of ethics requires staffing firms to pay wages and benefits on a weekly basis. - correct answer ✔✔False FedCo has a pregnant employee. Which of the following is true? - correct answer ✔✔The employee may be entitled to reasonable accommodation under the ADA if she has a pregnancy-related impairment T/F - At the preoffer stage of the interview, it is appropriate for an applicant to be asked if he or she is a citizen of the United States, and if so, to provide documentation in the postoffer stage. - correct answer ✔✔False According to the ACA, staffing firms will be allowed to use a "look-back measurement period" to determine the full-time status of their employees for purpose of benefits eligibility. Which of the following best describes the look-back rule? - correct answer ✔✔Staffing firms can use a period of up to 12 consecutive months and then look back to determine whether an employee worked full-time (average of at least 30 hours per week) over the period selected. Which of the following are recommended topics for an employee handbook. - correct answer ✔✔Alcohol and drug free workplace policy, Sexual and other harassment policy, Equal employment opportunity policy, Employee safety, Vacation and holiday pay, and company obligations to the employee Y/N - Lori worked for ABC company for 2 years prior to being hired as a full-time employee. Shortly after being hired as a full-time employee, Lori requested time off for family medical leave. Must Lori's time working for the client as a temporary employee be counted when determining FMLA eligibility? - correct answer ✔✔No T/F - A staffing firm should send clients drug testing results when a pre-employment drug test is a requirement for the job assignment. - correct answer ✔✔False As part of their pre-screening process, ABC Staffing asks candidates about eligibility to work in the U.S. Select the statement that is true. - correct answer ✔✔ABC Staffing can ask this question to select candidates as deemed appropriate. Y/N - Elise has two young children who get out of day care at four in the afternoon. She must leave work early in order to pick them up. She has made a request to her
employer to start her day earlier and end her day earlier. Under state law, must Elise's employer consider her request and try to accommodate her need for a flexible work arrangement? - correct answer ✔✔No To be considered exempt under the executive exemption, an employee must direct the work of at least _____ employees. - correct answer ✔✔Two T/F - The FLSA requires meal periods for employees. - correct answer ✔✔False Y/N - Can a staffing firm set a policy that wage payment to its workers is contingent on the staffing firm receiving payment from the client? - correct answer ✔✔No Y/N - Under FMLA, if a contract employee only works 1 day in a given week, is the employee counted in determining FMLA eligibility for the firm? - correct answer ✔✔Yes T/F - Joe works for Talented Staffing as a staffing coordinator. He has been asked to clean out his office. In Texas, he may lawfully dispose of employment records for temporary employees who have not worked for Talented Staffing for more than four years. - correct answer ✔✔True Y/N - Lori is an IT Engineer responsible for planning, scheduling, and coordinating activities. Lori does not fall under the computer profession exemption. Might she fall under the administrative exemption? - correct answer ✔✔Yes Y/N - Lilla Manufacturing is a mid-sized manufacturer of high end clothing. They have a policy to only hire individuals that have no gaps in their employment. Does this policy violate the law? - correct answer ✔✔No Assume these facts: A male supervisor and female subordinate, both single, develop a voluntary romantic relationship and eventually move in together. After a while, the female moves out, but they remain friendly. Later, the supervisor presses her to resume their romance and makes her feel uncomfortable on the job when she refuses to do so. - correct answer ✔✔Illegal sexual harassment occurred when the supervisor made her uncomfortable on the job after the female refused to resume their romance
T/F - AIDS is not considered a disability under Texas state law or federal law. - correct answer ✔✔True Y/N - Jasmine worked for Talented Staffing on a three-month assignment. While on the assignment, she was regularly late and absent from work. After multiple warnings, Talented Staffing terminated her employment. When Jasmine applied for a position with another staffing firm, she was denied employment. When called for a reference, Talented Staffing explained to the new staffing firm that the reason for Jasmine's termination was excessive absenteeism. Jasmine was furious, called Talented Staffing, and threatened to sue. Under Texas law, provided the reference information was true, will the person who shared the reference be held liable? - correct answer ✔✔No Harold was terminated from ABC Staffing Co. for excessive absenteeism. In Texas, how many days does ABC Staffing have to pay Harold his final wages? - correct answer ✔✔6 Days T/F - An employee who is owed wages may file a wage claim with the Texas Workforce Commission no later than 90 days after the date the wages became due.
- correct answer ✔✔False Y/N - Your contract employee has recently been diagnosed with an infectious disease and is still contagious. Can your staffing firm refuse to allow the employee to work on the assignment while still contagious? - correct answer ✔✔Yes T/F - Staffing firms are never liable for sexual harassment of a temporary employee by an employee of the client while on assignment at the customer work site. - correct answer ✔✔False T/F - Both the staffing firm and the client may be legally liable if a customer's manager sexually harasses a temporary employee assigned to his department. - correct answer ✔✔True T/F - For the completion of I-9 forms with temporary employees, the acceptance of an offer and entry into the assignment pool can be considered equivalent to an offer and acceptance of employment, after which Form I-9 may be completed. - correct answer ✔✔True
T/F - Any staffing firm that employs fewer minorities than whites in specific job groups is required to have an affirmative action plan. - correct answer ✔✔False Photo matching within E-Verify is automatically activated if an employee has presented __________________ for the Form I-9 requirements. - correct answer ✔✔Permanent Resident Card (I-551), US Passport, and Employment Authorization Document (Form I-766) T/F - Staffing firms may terminate employees due to their union activities. - correct answer ✔✔False Employers may require medical exams _________________. - correct answer ✔✔Post- offer T/F - Employers subject to the federal Fair Labor Standards Act must make and keep wage and hour records for each employee for three years. - correct answer ✔✔True A staffing firm could be liable for employing workers it _______________. - correct answer ✔✔Both: Should have known are not lawful to work in the US and Knows are not lawful to work in the US T/F - ABC Staffing Co. has a client that prefers to have a woman answer the phone. The client believes a woman creates a warmer and more welcoming environment. For this situation, being a woman would likely be considered a bona fide occupational qualification under Texas law. - correct answer ✔✔False I-9s should be completed ________________. - correct answer ✔✔At the time of hire Y/N - Indicate yes or no whether the following question generally is appropriate to ask an applicant before a job offer (an offer for a particular assignment) is made. Have you ever been discharged or terminated from a job? - correct answer ✔✔Yes Y/N - Lisa and Lori are recognized as being married under state law. Lori has taken ill with cancer. Lisa needs to take time off of work to care for Lori. Does Lori qualify as a family member under FMLA law? - correct answer ✔✔Yes
Y/N - Indicate yes or no whether the following question generally is appropriate to ask an applicant before a job offer (an offer for a particular assignment) is made. Are you pregnant? - correct answer ✔✔No Y/N - Lisa has been an employee of FedCo for two years and she has worked more than 1,250 hours during the past 12 months. FedCo has exactly 25 employees. Is Lisa entitled to take up to 12 weeks of unpaid leave for the birth of a child or serious illness of a close relative under the federal Family and Medical Leave Act? - correct answer ✔✔No T/F - An application form may state that intentionally false answers may be grounds for discharge. - correct answer ✔✔True T/F - Employers have the right to require employees to speak only English at all times. - correct answer ✔✔False T/F - An employer may refuse to hire an individual because of his or her association with members of a national-origin group. - correct answer ✔✔False Y/N - Lisa is a temporary employee with FedCo Staffing. Last week she worked for several of FedCo's clients for a total of 44 hours. However, she did not work for any single client of FedCo for more than 40 hours. Is FedCo solely responsible for paying Lisa overtime wages due? - correct answer ✔✔Yes Y/N - FedCo likes to get a consumer report regarding every job applicant to find out about who they are hiring. Does FedCo have to get each applicant's written permission before obtaining a consumer report under the federal Fair Credit Reporting Act? - correct answer ✔✔Yes Y/N - Lisa was recently on a job interview with FedCo. During the interview, the interviewer asked Lisa if she has any disabilities that limit her in performing any major life activities. Was this a lawful question? - correct answer ✔✔No T/F - A staffing firm may not discipline an employee who filed a charge of discrimination, even if the employee violates a workplace policy after the discrimination charge is filed. - correct answer ✔✔False
Courts have held that an employer's failure to post the ____________ notice may extend an employee's time for filing a discrimination charge against that employer. - correct answer ✔✔EEOC
