HRCI aPHR Exam Questions

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41.

Which of the following is NOT a term related to workforce restructuring?

  • Business Continuity

  • Divestiture

  • Acquisition

  • Merger

Correct answer: Business Continuity

Business Continuity is how a company will operate after an emergency has occurred. These are plans in place so the heavy lifting of planning has been done under normal circumstances, and people know how to behave to support the team in an altered state.

Divestiture is when a company reduces its resource allocation to an area of the business, often resulting in a reduction in force or layoffs. Acquisition is when one organization buys another. A merger is when two or more companies are combined into one.

42.

An employer is required by law to advertise open jobs at their organization to the state-run services. Which of the following laws has MOST likely created this requirement for this employer?

  • The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)

  • The Uniformed Services Employment and Reemployment Rights Act (USERRA)

  • The Work Opportunity Tax Credit (WOTC)

  • The Wagner-Peyser Act

Correct answer: The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)

The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) requires some employers to advertise their open jobs with state-run services.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment, reemployment, and retention rights of any person who serves or has served in the military's. "Retention rights" refer to the protections afforded to military service members against unfair termination or discharge from their civilian employment due to their military service. The Wagner-Peyser Act created offices to support people experiencing unemployment with job search assistance. The Work Opportunity Tax Credit (WOTC) supports people who face employment barriers by offering tax credits to organizations that employ them.

43.

A human resources manager is creating their strategic plans for this quarter. They assess payroll costs, recruiting expenses, and benefits plan costs to align with the organization's goals. Which of the following organizational needs is this HR manager MOST likely aligning their strategy to?

  • Cost containment

  • Employee and management support

  • Data management

  • Recruitment facilitation

Correct answer: Cost containment

HR departments are responsible for supporting their organization's objectives through strategic alignment. One common area is cost containment including payroll costs, benefits plan costs, and recruiting expenses.

The two other common areas of strategic alignment include employee management and support (with activities such as training, coaching, and safety programming) and data management (including activities such as HRIS management and record keeping and reporting service). Recruitment facilitation is a part of other responsibility categories but does not encompass an entire category by itself.

44.

There has been a conflict between a union and an employer. A third party is brought in to try to get to a consensus but will make a decision both parties must adhere to if an agreement cannot be reached. Which of the following is MOST likely being described?

  • Mediation arbitration

  • Collective bargaining

  • Labor negotiation

  • Contract negotiation

Correct answer: Mediation arbitration

Mediation arbitration is when a neutral third party initially attempts to facilitate a resolution through mediation, but if the parties are unable to reach an agreement, the mediator transitions into an arbitrator and makes a decision both parties must abide by.

Collective bargaining is the negotiation process mandated by the National Labor Relations Act (NLRA), where employers and labor unions negotiate terms and conditions of employment. Labor negotiation does not specifically capture the process where a third party tries to seek an agreement and then passes down a decision. Contract negotiation refers to the creation of agreements for employment including budgetary conditions.

45.

A worker from another country needs a specific type of training to perform an essential part of the next level of their job. This type of training is available in the United States, but not in their home country. Which of the following types of H Visas should this person apply for to be allowed into the US to receive their essential training?

  • H-3 Visa

  • H-2B Visa

  • H-2A Visa

  • H-1B Visa

Correct answer: H-3 Visa

The H-3 Visa is for individuals coming to the U.S. for training not available in their home country.

The H-2B Visa is for temporary non-agricultural workers. H-2A Visas are for temporary agricultural workers. H-1B Visas are for temporary workers in specialty occupations requiring specialized knowledge and a higher education degree. 

46.

Which of the following is NOT considered a base pay system?

  • Hazard pay

  • Performance-based merit pay systems

  • Productivity-based systems

  • Person-based systems

Correct answer: Hazard pay

Hazard pay is when employees who work under adverse conditions are given additional compensation as a pay differential. This is not considered a base pay system, as it changes due to circumstances.

Base pay systems are designed to attract, motivate, and retain employees, and include performance-based merit pay systems, productivity-based systems, and person-based systems.

47.

An employee is being paid $6.50 per hour. Which of the following laws is this person's employer most likely violating?

  • Fair Labor Standards Act (FLSA) 

  • The Social Security Act

  • The Patient Protection and Affordable Care Act (PPACA)

  • The Consolidated Omnibus Budget Reconciliation Act (COBRA)

Correct answer: Fair Labor Standards Act (FLSA) 

The federal minimum wage is $7.25 per hour. The FLSA established minimum wage requirements along with regulations regarding child labor, overtime pay, recordkeeping, and hours worked. 

The Social Security Act established a system of programs to support eligible Americans in retirement. The programs are financially supported by employee and employer contributions and include benefits such as retirement benefits, survivor benefits, and Medicare. A national health insurance marketplace was created by the Patient Protection and Affordable Care Act (PPACA). 

48.

A state-run facility has hired a new person. They must input this new hire into their database, and collect child support funds from their paycheck. Which of the following laws is most likely related to this situation?

  • The Personal Responsibility and Work Opportunity Reconciliation Act

  • The Occupational Safety and Health Act (OSHA)

  • The Social Security Act (SSA)

  • The Service Contract Act (SCA)

Correct answer: The Personal Responsibility and Work Opportunity Reconciliation Act

The Personal Responsibility and Work Opportunity Reconciliation Act is a welfare law that enforces child support payments and requires states to have new hire reporting systems.

The Occupational Safety and Health Act (OSHA) requires employers to provide a safe and healthy workplace for employees. The Service Contract Act (SCA) applies to non-construction federal contractors that require employees to be paid minimum wage and benefits. The Social Security Act (SSA) established a system of benefits for social welfare and social insurance funded by payroll taxes.

49.

Which of the following types of cyber crimes involves an external party breaching a company's security to steal data?

  • Hacker theft

  • Inventory and supply security

  • Employee cyber-theft

  • Customer theft

Correct answer: Hacker theft

Hacker theft is when an external party, often referred to as a hacker, illegally accesses a company's digital systems to steal sensitive data or financial assets.

Employee cyber-theft is committed by someone within the organization. Customer theft involves theft by customers and more often happens in person rather than digitally. Inventory and supply security pertains to physical or logistical aspects of managing assets to sell or use for business purposes.

50.

Which of the following is NOT a narrative method of performance evaluation?

  • Comparative evaluative rating

  • Essay format

  • Critical incident

  • Behaviorally anchored rating methods

Correct answer: Comparative evaluative rating

Comparative evaluative ratings involve comparing employees against each other and placing them in stack rank order from lowest to highest performing. This method often results in a distribution resembling a bell curve, where a few employees are rated as high performers, most are rated as average, and a few are rated as low performers.

In critical incident evaluations, the reviewer keeps detailed records of positive and negative behavior and reviews each instance with the subject. The essay format requires the appraiser to write out a narrative that describes the person's performance throughout the review period. Behaviorally Anchored Rating Scales (BARS) are a performance evaluation method that link specific behaviors with specific performance levels.

51.

An employee has discovered they are receiving less compensation than their colleagues in the same position. They have the same experience level and performance reviews but they are the only person in a protected class within their team. The person has been with the company for twenty years, and their manager explains that they are not likely to be successful in litigating against the company because the original discrimination happened so long ago. Which of the following laws addresses the statute of limitations in discrepancy litigation?

  • The Lilly Ledbetter Fair Pay Act

  • The Sarbanes-Oxley Act (SOX)

  • The Americans with Disabilities Act (ADA)

  • The Civil Rights Act of 1964

Correct answer: The Lilly Ledbetter Fair Pay Act

The Lilly Ledbetter Act resets the statute of limitations for filing an equal-pay lawsuit regarding pay discrimination each time an individual receives a paycheck that is deemed discriminatory, thereby making it easier for employees to litigate against employers with unfair pay practices.

The Sarbanes-Oxley Act (SOX) is a federal law enacted in 2002 that requires financial transparency in publicly traded companies to protect investors and consumers and prevent corporate and accounting fraud. This law applies to publicly traded companies with one or more employees. The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all places that are open to the general public.

52.

One person in a company is entitled to earn overtime pay. Their colleague is not. Which of the following laws regulates which employees are eligible to earn overtime pay?

  • The Fair Labor Standards Act (FLSA)

  • Affirmative Action

  • The Americans with Disabilities Act

  • The Affordable Care Act

Correct answer: The Fair Labor Standards Act (FLSA)

The FLSA established pay requirements such as minimum wage and overtime pay. It sets regulations for which employees are entitled to overtime pay (non-exempt) and which are not entitled to overtime pay (exempt).

Affirmative Action regulates how federal contractors hire concerning fairness, accommodations, diversity, and recordkeeping. The Americans with Disabilities Act prohibits the discrimination of applicants based on their disabled status and requires businesses to make reasonable accommodations so they will not be excluded from employment. Creating job descriptions with the requirements of each role is key to understanding what jobholders will need to be capable of. The Affordable Care Act created health insurance marketplaces where individuals and small businesses can purchase health insurance plans.

53.

An employee has a complaint about harassment in their workplace. Which of the following accurately represents the steps that an investigator should follow to look into their grievance?

  • Written complaint, interviews, determination, feedback

  • Interview the harasser, interview witnesses, interview the victim, and publish the results

  • Verbal complaints, written complaints, feedback, documentation, follow-up

  • 360 conversations, anonymous safety survey, jury of their peers, determination

Correct answer: Written complaint, interviews, determination, feedback

It is important for HR leaders to have a codified system in place to investigate harassment claims so that each case is dealt with in a consistent way. The normal steps to investigation are written complaints, interviews, determination, and feedback.

The incorrect answers are fabricated lists.

54.

Which of the following best describes the purpose of the Employee Retirement Income Security Act (ERISA)?

  • To establish guidelines for employee retirement plans

  • It requires employers to provide retirement plans

  • To provide healthcare benefits for retired employees

  • To prevent discrimination against employees of retirement age

Correct answer: To establish guidelines for employee retirement plans

The main focus of the Employee Retirement Income Security Act (ERISA) is to establish regulations and guidelines for employee retirement plans. 

This law does not require employers to provide plans, but it regulates the plans that employers choose to provide. The law's main focus is retirement benefits, not healthcare benefits or age discrimination.

55.

An employee has arrived at their hourly position expecting to work 8 hours. The employer has over-scheduled personnel for this day, and tells the employee they are not needed. The employee was counting on these hours and the money they would earn. Which of the following types of compensation would guarantee at least partial compensation for this employee?

  • Reporting time pay

  • Callback pay

  • Geographic differentials

  • Group incentives

Correct answer: Reporting time pay

Reporting time pay is compensation paid to employees when they are required to report to work but are not actually assigned any tasks or work duties. 

Callback pay may apply when an employer asks an employee to come back to work after their regularly scheduled shift has ended. Geographic differentials are offered when the cost of living is different for employees distributed in different regions of the country or the world. Group incentives are designed to reward team achievements as motivations to work collectively.

56.

An HR representative goes to a conference where employers can present job opportunities to job seekers. Which source of candidates is this HR representative MOSt likely using?

  • Job fairs

  • Walk-ins

  • Labor unions

  • Vendors

Correct answer: Job fairs 

Job fairs are large gatherings of employers who attract groups of job seekers to find interested candidates and have initial interactions.

Walk-ins are when someone physically enters a business to inquire about employment and hand in their resume. This practice used to be more common but is now mostly seen in small shops and places where customers physically visit. Vendors, or suppliers, may be a good source of candidates who know the industry and work within a talent network. Companies should be careful not to poach employees away from their suppliers, as this could lead to difficult relationships. Labor unions may be a great source of candidates, especially for companies that work in a specific industry or need to hire within a trade that has union representation.

57.

Which of the following laws established requirements for employees working over 40 hours per week to be paid at a higher than regular rate?

  • The Fair Labor Standards Act (FLSA)

  • The Health Insurance Portability and Accountability Act (HIPAA)

  • The Immigration Reform and Control Act (IRCA)

  • The Sarbanes-Oxley Act (SOX)

Correct answer: The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) sets standards for minimum wage and overtime pay and addresses the treatment of employees and minors.

The Health Insurance Portability and Accountability Act (HIPAA) requires the security of medical records and ensures people access to coverage even if there is a preexisting health condition. The Immigration Reform and Control Act (IRCA) established work eligibility standards for immigrants and created the I-9 Form. The Sarbanes-Oxley Act (SOX) requires financial reporting and recordkeeping, as well as systems of checks and monitoring for financial structures.

58.

According to federal law, how long must affirmative action data about hiring practices be maintained?

  • Two years

  • One year

  • Four years

  • Seven years

Correct answer: Two years

According to Executive Order 11246, affirmative action data must be maintained for two years.

The incorrect answers are fabricated years.

59.

Which of the following US laws defines five protected classes of people related to employment discrimination?

  • Title VII of the Civil Rights Act of 1964

  • The Age Discrimination in Employment Act of 1967

  • The Uniform Guidelines on Employee Selection Procedures of 1978

  • The Americans with Disabilities Act of 1990

Correct answer: Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. 

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age against individuals aged 40 or older. The Americans with Disabilities Act of 1990 protects the rights of people with disabilities in the areas of employment, public accommodations and services, and telecommunications. The Uniform Guidelines on Employee Selection Procedures of 1978 prevent discriminatory practices in the recruiting process. 

60.

During an interview, a candidate is asked, "Could you please tell me about your experience with customer service?" Then the interviewer allows the candidate to talk through the points of their career and run the conversation. Which of the following interview styles is this interviewer MOST likely using?

  • Non-directive

  • Directive

  • Situational

  • Behavioral

Correct answer: Non-directive

In a non-directive interview, the candidate is given open-ended questions and is allowed to guide the conversation.

During directive interviews, the interviewer has a list of questions they will ask every single candidate, and they maintain a high level of control over the conversation. During situational interviews, the candidate is given questions about hypothetical situations and asked how they would act in each case. Behavioral interviews focus on how the candidate has handled real-life situations in the past.