Published - Fri, 03 Mar 2023

SPHR Questions - Part 55

1. According to the Copyright Act of 1976, which of the following is most likely to be considered a fair use of copyrighted material?

A) Copying a book for 10 staff members of a nonprofit organization
B) Distributing 30 copies of a paragraph in a book to a study group
C) None of the above
D) Distributing 30 copies of a chapter in a book to a study group

2. Which of the following scenarios best represents respondeat superior?

A) An employee gives a hefty discount to a friend.
B) A terminated employee creates web posts about your company that aren't true.
C) A manager promises an employee a job for life if she continues her good performance.
D) An employee hits another vehicle with a company's car and your company is sued.

3. What is an employer's responsibility when workplace conditions pose a threat to an unborn child?

A) Do nothing. It is up to employees to protect their unborn children.
B) Allow only sterile employees to work in jobs that pose a threat to unborn children.
C) Advise the employee of the potential threat, and allow the employee to make the decision.
D) Move the employee into a different job that does not pose a threat to the unborn child.

4. Deal and Kennedy defined the four dimensions of organizational culture that you should be familiar with, as an HR Professional. What dimension of organizational culture is best defined by the hidden hierarchy of power?

A) Heroes
B) Culture network
C) Values
D) Joy

5. There are several union actions that are considered unfair labor practices. One such practice is that unions may require employers to pay for services that are not rendered. For example, a union cannot require an organization to continue to pay employees to do jobs that have been rendered obsolete by changes in the technology. Which of the following terms defines this unfair labor practice?

A) Collusion
B) Coercion
C) Hot cargo agreement
D) Featherbedding

1. Right Answer: B
Explanation: Answer option B is correct.Four factors are considered in determining whether the use of published material is a fair use: the purpose of the use, the nature of the work being copied, how much of the work is copied, and what economic effect copying the material will have on the market value of the work. See Chapter 5 for more information.Chapter: Human Resource DevelopmentObjective: Federal Employment Legislation

2. Right Answer: D
Explanation: Answer option D is correct.Respondeat superior is a Latin phrase that means 'let the master answer', which basically means a company can be found liable for the actions of their employees. When an employee hits another vehicle with the company's car the company could be found liable for the damages caused.Answer option A is incorrect. The hefty discount could be a form of 'sweethearting' or it may be allowed. There's not enough information to know for certain, but this isn't an example of respondeat superior.Answer option C is incorrect. A promise of continued employment for good performance could be an example of an express contract.Answer option B is incorrect. When a terminated employee writes negative things about the company it's likely a case of defamation.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Federal Employment Legislation

3. Right Answer: C
Explanation: Answer option C is correct.. that it is the responsibility of prospective parents to protect their unborn children.Although employers must provide information about potential hazards, the employer may not decide for the employee whether to work in a job that poses a risk to an unborn child. See Chapter 8 for more information.Chapter: Risk Management -Objective: Risk Identification

4. Right Answer: B
Explanation: Answer option B is correct.The culture network is the information system of communication - also called the hidden hierarchy of power - within an organization.Answer option D is incorrect. Joy is not one of the four dimensions, as defined by Deal and Kennedy.Answer option C is incorrect. Values describe the beliefs that lie at the heart of the corporate culture.Answer option A is incorrect. Heroes describes individuals who embody the organizational values.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Employee Relations

5. Right Answer: D
Explanation: Answer option D is correct.This is an example of featherbedding. Featherbedding happens when unions require employers to pay for services that are not rendered.Answer option B is incorrect. Coercion is not the correct term for this scenario.Answer option A is incorrect. Collusion is not the correct term for this scenario.Answer option C is incorrect. A hot cargo agreement happens when a union demands that an employer stops doing business with another employer.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 7: Employee and Labor Relations. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Labor Relations

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