Published - Fri, 03 Mar 2023
SPHR Questions - Part 58
1. You are the Senior HR Professional for your organization and you're leading a workshop on HR practices for your department. Your first topic is the Davis BaconAct. What did the Davis Bacon Act accomplish?
A) It established the minimum retirement age of 65.
B) It established the minimum working age to be 15.
C) It was the first legislation to regulate minimum wages.
D) It abolished the requirements for workers to be forced to retire.
2. As an HR Professional, you must be familiar with collective bargaining agreements and the process that rights are given, contracts, and union and management cooperation. With this in mind, what is a rights arbitration?
A) It is a not a lawsuit, but a resolution of laws and their impact on existing contracts.
B) It is a lawsuit between the collective management and the collective union.
C) It is a formal hearing between the management and the union, to resolve grievances during the construction of a contract.
D) It is a formal hearing between management and union members to resolve grievances during the administration of a contract.
3. Stephanie is an HR Professional and she's writing a review of new HR software for her HR blog. Unfortunately the review is not positive and the owner of the software is threatening to sue Stephanie because she broke copyright laws when she shared the review and included screen captures. What protects Stephanie from the lawsuit?
A) Stephanie is actually protected from infringement of the copyright laws because of digital use rights.
B) Stephanie is actually guilty of the copyright infringement when she shared the screen captures.
C) Stephanie cannot share screen captures on the web as this is an infringement on digital rights.
D) Stephanie is actually protected from infringement of the copyright laws because of fair use rights.
4. Ned is an HR professional for his organization and he's analyzing how employees complete certain tasks on the assembly line. There have been some complaints and claims over the past few months of repetitive stress injuries and cumulative trauma injuries to employees on the assembly line. Ned is examining how the work is completed and looking for unnatural body movements by the workers. What is Ned actually studying?
A) Job shadowing
B) Ergonomics
C) OSHA compliance
D) Mitigation
5. An organization would like to bid on a project, but they don't have enough employees available to complete the work. The organization approaches a competitor with the opportunity to partner on the project to win the work. What type of risk response is used in this instance?
A) Enhancing
B) Mitigation
C) Transference
D) Sharing
A) It established the minimum retirement age of 65.
B) It established the minimum working age to be 15.
C) It was the first legislation to regulate minimum wages.
D) It abolished the requirements for workers to be forced to retire.
2. As an HR Professional, you must be familiar with collective bargaining agreements and the process that rights are given, contracts, and union and management cooperation. With this in mind, what is a rights arbitration?
A) It is a not a lawsuit, but a resolution of laws and their impact on existing contracts.
B) It is a lawsuit between the collective management and the collective union.
C) It is a formal hearing between the management and the union, to resolve grievances during the construction of a contract.
D) It is a formal hearing between management and union members to resolve grievances during the administration of a contract.
3. Stephanie is an HR Professional and she's writing a review of new HR software for her HR blog. Unfortunately the review is not positive and the owner of the software is threatening to sue Stephanie because she broke copyright laws when she shared the review and included screen captures. What protects Stephanie from the lawsuit?
A) Stephanie is actually protected from infringement of the copyright laws because of digital use rights.
B) Stephanie is actually guilty of the copyright infringement when she shared the screen captures.
C) Stephanie cannot share screen captures on the web as this is an infringement on digital rights.
D) Stephanie is actually protected from infringement of the copyright laws because of fair use rights.
4. Ned is an HR professional for his organization and he's analyzing how employees complete certain tasks on the assembly line. There have been some complaints and claims over the past few months of repetitive stress injuries and cumulative trauma injuries to employees on the assembly line. Ned is examining how the work is completed and looking for unnatural body movements by the workers. What is Ned actually studying?
A) Job shadowing
B) Ergonomics
C) OSHA compliance
D) Mitigation
5. An organization would like to bid on a project, but they don't have enough employees available to complete the work. The organization approaches a competitor with the opportunity to partner on the project to win the work. What type of risk response is used in this instance?
A) Enhancing
B) Mitigation
C) Transference
D) Sharing
1. Right Answer: C
Explanation: Answer option C is correct.The Davis Bacon Act in 1931 was the first piece of legislation to establish the minimum wage.Answer options A and D are incorrect. The Davis Bacon Act did not address the retirement age.Answer option B is incorrect. The Davis Bacon Act did not establish the minimum age to allow people to begin employment.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Compensation and BenefitsObjective: Total Rewards Defined
2. Right Answer: D
Explanation: Answer option D is correct.Rights arbitration is like a hearing, but it doesn't take place in the court of law. Rights arbitration aims to resolve grievances between union members and management, that have happened during the administration of a contract.Answer option C is incorrect. Note that this answer is close, but it defines rights arbitration as something that occurs during the construction of the contract, not during the actual administration of the contract.Answer option B is incorrect. Rights arbitration is not a lawsuit.Answer option A is incorrect. Rights arbitration is not an interpretation of laws and their affect on existing contracts.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Dispute Resolution
3. Right Answer: D
Explanation: Answer option D is correct.Fair use protects people from copyright infringement because it is an example of reviews, criticism, news reporting, and research.Answer option B is incorrect. Stephanie is not guilty of infringement because of fair use rights.Answer option C is incorrect. Stephanie did not distribute the work digitally, but did provide a criticism of the software, which is covered by fair use.Answer option A is incorrect. There is no digital use rights; it's fair use rights for criticism, reviews, news reporting, research, and even teaching.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 5: Human Resource Development. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Human Resource DevelopmentObjective: Federal Employment Legislation
4. Right Answer: B
Explanation: Answer option B is correct.Ned is studying the ergonomics of the assembly line to gain insight into the injuries, work, and possible mitigation of the unnatural movements.Answer option C is incorrect. While Ned does want to comply with OSHA, the best answer is ergonomics.Answer option A is incorrect. This may seem like job shadowing, but Ned isn't looking to learn the process of how to do the work, as is the case in job shadowing, but he's learning about the process of the work as it may relate to repetitive stress injuries and cumulative trauma injuries.Answer option D is incorrect. Mitigation is the risk response to reduce or lower the probability of the risk event. Ned haven't made any recommendations yet for the risk events.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 5: Human Resource Development. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Risk Management -Objective: Risk Assessment
5. Right Answer: D
Explanation: Answer option D is correct.This is an example of sharing as the organization is sharing the opportunity with another firm. Without the other firm's cooperation the company wouldn't be able to win the contract. Both parties share the risk and the reward for the work.Answer option A is incorrect. Enhancing is a positive risk event that aims to enhance the conditions that would make a positive risk event likely to occur. For example, a company could add more workers to a project to beat a deadline and win a bonus from the customer.Answer option C is incorrect. Transference is a negative risk response that transfers the risk to a third party, usually for a fee.Answer option B is incorrect. Mitigation is a risk response to reduce the probability and/or impact of a negative risk event.Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Risk Management -Objective: Risk Management
Explanation: Answer option C is correct.The Davis Bacon Act in 1931 was the first piece of legislation to establish the minimum wage.Answer options A and D are incorrect. The Davis Bacon Act did not address the retirement age.Answer option B is incorrect. The Davis Bacon Act did not establish the minimum age to allow people to begin employment.Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Compensation and BenefitsObjective: Total Rewards Defined
2. Right Answer: D
Explanation: Answer option D is correct.Rights arbitration is like a hearing, but it doesn't take place in the court of law. Rights arbitration aims to resolve grievances between union members and management, that have happened during the administration of a contract.Answer option C is incorrect. Note that this answer is close, but it defines rights arbitration as something that occurs during the construction of the contract, not during the actual administration of the contract.Answer option B is incorrect. Rights arbitration is not a lawsuit.Answer option A is incorrect. Rights arbitration is not an interpretation of laws and their affect on existing contracts.Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Employee and Labor RelationsObjective: Dispute Resolution
3. Right Answer: D
Explanation: Answer option D is correct.Fair use protects people from copyright infringement because it is an example of reviews, criticism, news reporting, and research.Answer option B is incorrect. Stephanie is not guilty of infringement because of fair use rights.Answer option C is incorrect. Stephanie did not distribute the work digitally, but did provide a criticism of the software, which is covered by fair use.Answer option A is incorrect. There is no digital use rights; it's fair use rights for criticism, reviews, news reporting, research, and even teaching.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 5: Human Resource Development. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Human Resource DevelopmentObjective: Federal Employment Legislation
4. Right Answer: B
Explanation: Answer option B is correct.Ned is studying the ergonomics of the assembly line to gain insight into the injuries, work, and possible mitigation of the unnatural movements.Answer option C is incorrect. While Ned does want to comply with OSHA, the best answer is ergonomics.Answer option A is incorrect. This may seem like job shadowing, but Ned isn't looking to learn the process of how to do the work, as is the case in job shadowing, but he's learning about the process of the work as it may relate to repetitive stress injuries and cumulative trauma injuries.Answer option D is incorrect. Mitigation is the risk response to reduce or lower the probability of the risk event. Ned haven't made any recommendations yet for the risk events.Reference: Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-5. Chapter 5: Human Resource Development. Official PHR andSPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.Chapter: Risk Management -Objective: Risk Assessment
5. Right Answer: D
Explanation: Answer option D is correct.This is an example of sharing as the organization is sharing the opportunity with another firm. Without the other firm's cooperation the company wouldn't be able to win the contract. Both parties share the risk and the reward for the work.Answer option A is incorrect. Enhancing is a positive risk event that aims to enhance the conditions that would make a positive risk event likely to occur. For example, a company could add more workers to a project to beat a deadline and win a bonus from the customer.Answer option C is incorrect. Transference is a negative risk response that transfers the risk to a third party, usually for a fee.Answer option B is incorrect. Mitigation is a risk response to reduce the probability and/or impact of a negative risk event.Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US HR Body of Knowledge.Chapter: Risk Management -Objective: Risk Management
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