HRCI PHR Exam Dumps & Practice Test Questions
Question 1:
Which of the following is not one of the four key areas regulated by the Fair Labor Standards Act (FLSA)?
A. Bonuses, commissions, and gratuities
B. Overtime regulations
C. Employer-required record maintenance
D. Base minimum wage requirements
Answer: A
Explanation:
The Fair Labor Standards Act (FLSA), enacted in 1938, is a cornerstone piece of legislation that governs various aspects of employment in the United States, primarily focused on wages, hours, and working conditions. The FLSA sets out certain standards and regulations that employers must follow to ensure fair labor practices, including provisions on minimum wage, overtime pay, record-keeping, and youth employment.
Why Option A is Correct:
Bonuses, commissions, and gratuities are not specifically regulated by the FLSA as part of its core requirements. While these forms of compensation may be important elements of an employee's total pay structure, they are not explicitly defined or governed by the FLSA in the same way that base minimum wage, overtime regulations, and record-keeping are.
Bonuses and commissions are often determined by the employer's policies or contract agreements, but they are not mandatory requirements under the FLSA. However, there are specific circumstances where these forms of compensation may affect overtime calculations (e.g., bonuses could be considered when calculating an employee’s regular rate of pay for overtime purposes).
Gratuities (tips) also have specific regulations under the FLSA, but they are treated separately from other types of compensation and involve specific rules regarding tip credits and the minimum wage for tipped employees. Therefore, the general regulation of bonuses, commissions, and gratuities is not a primary focus of the FLSA itself.
Why Other Options Are Less Suitable:
Option B - Overtime regulations:
The FLSA clearly outlines overtime regulations for non-exempt employees, requiring that employees be paid at least one and a half times their regular rate of pay for hours worked over 40 hours in a workweek. This is one of the key provisions regulated by the FLSA.Option C - Employer-required record maintenance:
The FLSA requires that employers maintain accurate records of employees’ hours worked, wages paid, and other pertinent employment information. This is critical for ensuring compliance with the law and is one of the key regulatory areas covered by the FLSA.Option D - Base minimum wage requirements:
The FLSA establishes a base minimum wage that employers must pay their employees, although some states and localities may have set higher minimum wages. This is one of the central provisions of the FLSA, and employers are required to adhere to these standards.
While bonuses, commissions, and gratuities may impact overall pay, they are not one of the four key areas regulated by the Fair Labor Standards Act (FLSA). The FLSA primarily focuses on overtime regulations, minimum wage requirements, record maintenance, and certain child labor provisions, making option A the correct answer.
Question 2:
Which agency listed below is not involved in the enforcement of ERISA?
A. Federal Deposit Insurance Corporation (FDIC)
B. U.S. Department of Labor (DOL)
C. Internal Revenue Service (IRS)
D. Pension Benefit Guaranty Corporation (PBGC)
Answer: A
Explanation:
The Employee Retirement Income Security Act (ERISA) of 1974 is a significant piece of legislation that regulates employee benefit plans, including retirement plans such as pensions and 401(k)s, to ensure that they are managed fairly and provide adequate protection to plan participants and beneficiaries. ERISA outlines the fiduciary responsibilities of plan administrators and sets standards for reporting, disclosure, and enforcement of benefits.
Agencies Involved in Enforcing ERISA:
U.S. Department of Labor (DOL):
The DOL plays a major role in enforcing ERISA. The Employee Benefits Security Administration (EBSA), a division of the DOL, is responsible for overseeing the implementation of ERISA’s requirements, including the monitoring of plan fiduciaries, compliance with reporting and disclosure rules, and investigating violations of ERISA.Internal Revenue Service (IRS):
The IRS enforces the tax-related aspects of ERISA. It ensures that employee benefit plans meet the necessary tax qualification requirements to receive favorable tax treatment. The IRS also conducts audits to verify that plans comply with the law and remain eligible for tax exemptions.Pension Benefit Guaranty Corporation (PBGC):
The PBGC is a government agency that insures defined benefit pension plans. Its role is to protect retirees by guaranteeing a portion of their pension benefits in case a plan fails. The PBGC also monitors pension plan health and ensures that private sector pension plans comply with ERISA’s funding requirements.
Why Option A is Correct:
Federal Deposit Insurance Corporation (FDIC):
The FDIC is responsible for insuring deposits in banks and savings institutions, protecting depositors from bank failures. While it plays a crucial role in financial stability, it is not involved in the enforcement or regulation of ERISA. The FDIC does not oversee employee benefit plans or retirement plans, making it the correct answer.
Why Other Options Are Less Suitable:
Option B - U.S. Department of Labor (DOL):
The DOL, specifically through the Employee Benefits Security Administration (EBSA), is a key agency involved in enforcing ERISA. It ensures that plan administrators comply with ERISA’s fiduciary and reporting requirements.Option C - Internal Revenue Service (IRS):
The IRS is responsible for enforcing the tax-related provisions of ERISA. It ensures that retirement plans comply with tax laws, maintain their tax-advantaged status, and file the appropriate tax documents.Option D - Pension Benefit Guaranty Corporation (PBGC):
The PBGC plays a critical role in protecting the benefits of participants in private-sector defined benefit pension plans by insuring those plans and ensuring they meet funding requirements under ERISA.
The Federal Deposit Insurance Corporation (FDIC) is not involved in the enforcement of ERISA, as its focus is on deposit insurance and maintaining the stability of the banking system, not overseeing employee benefit plans. Therefore, option A is the correct answer.
Question 3:
Which of the following is not among the recommended practices by the U.S. Department of Labor (DOL) for an internal audit and reporting system in an affirmative action plan?
A. Regularly reporting progress toward diversity and EEO goals
B. Reviewing employee actions to verify anti-discrimination efforts are upheld
C. Making internal audit results publicly available to all employees
D. Discussing audit findings with company leadership at all levels
Answer: C
Explanation:
The U.S. Department of Labor (DOL) has established guidelines to ensure that employers implement effective affirmative action plans (AAPs) to promote equal employment opportunity (EEO). The purpose of an affirmative action plan is to ensure that all individuals have an equal chance of employment, advancement, and fair treatment in the workplace, regardless of race, gender, or other protected characteristics. Central to the success of these plans is having an effective internal audit and reporting system to track and evaluate the company’s progress in meeting diversity and EEO goals.
Why Option C is Correct:
The DOL does not recommend making the internal audit results publicly available to all employees. While the results of audits may be shared with certain stakeholders or higher management, making them publicly available to all employees could lead to unintended consequences, such as creating confusion or undermining the internal processes designed to address any issues found. The DOL emphasizes the importance of discussing audit findings with leadership to make strategic decisions and take corrective actions if needed, but not necessarily making them public to all employees.
Why Other Options Are Less Suitable:
Option A - Regularly reporting progress toward diversity and EEO goals:
The DOL strongly encourages organizations to regularly report progress toward meeting diversity and EEO goals as part of their affirmative action efforts. This transparency helps ensure that management and other stakeholders are aware of how the company is progressing in its commitment to diversity and equal opportunity.Option B - Reviewing employee actions to verify anti-discrimination efforts are upheld:
It is recommended by the DOL that employers review employee actions to verify that anti-discrimination efforts are consistently upheld. This review is crucial for ensuring that there are no instances of discrimination or bias in hiring, promotion, or other employment practices. Monitoring and evaluating such actions help strengthen the effectiveness of the affirmative action plan.Option D - Discussing audit findings with company leadership at all levels:
Audit findings should be discussed with company leadership at all levels. This ensures that the findings are appropriately addressed and that the company can take corrective measures if necessary. Leadership involvement helps in creating accountability and driving continuous improvement in meeting EEO goals.
Making internal audit results publicly available to all employees is not a recommended practice by the DOL for an affirmative action plan. Instead, the audit results should be reviewed and discussed by leadership to ensure that any necessary corrective actions are taken in a controlled and strategic manner. Therefore, option C is the correct answer.
Question 4:
Which communication method best fits this description: selecting a diverse subset of employees to share feedback in a guided discussion led by an impartial facilitator?
A. Employee focus group
B. Collaborative workshop
C. Trial implementation group
D. Creative brainstorming session
Answer: A
Explanation:
The described communication method involves selecting a diverse subset of employees to provide feedback in a guided discussion led by an impartial facilitator. This method is commonly associated with an employee focus group. Focus groups are structured discussions where a small group of participants share their views on a specific topic, and the facilitator's role is to ensure that the conversation remains unbiased and productive.
Why Option A is Correct:
An employee focus group is a well-established communication method for gathering feedback and insights from a small, diverse group of employees. Focus groups are typically led by a neutral facilitator who ensures that the discussion remains balanced and that all participants have the opportunity to share their perspectives. This approach is ideal for understanding employee attitudes, opinions, and experiences on a specific topic, which aligns perfectly with the situation described.
Why Other Options Are Less Suitable:
Option B - Collaborative workshop:
A collaborative workshop generally involves a group of individuals working together to solve a problem or generate ideas, often focusing on creating solutions or actionable outcomes. While there may be feedback and discussion, the emphasis is on collective problem-solving rather than simply sharing opinions in a guided discussion. This makes it less of a fit for the description provided.Option C - Trial implementation group:
A trial implementation group would typically be involved in testing or piloting a new product, process, or system. This type of group is focused on evaluating or trying out something new in a real-world setting, rather than engaging in a feedback-driven discussion. While input from this group might be valuable, it doesn't fit the structured, feedback-oriented description of the communication method in the question.Option D - Creative brainstorming session:
A creative brainstorming session is aimed at generating new ideas or solving problems through spontaneous and open-ended discussions. Brainstorming is often less structured than a focus group and may not involve a neutral facilitator guiding the conversation in the way described in the question. While brainstorming sessions can be collaborative, they are typically more focused on idea generation than gathering feedback.
The method described in the question — selecting a diverse group of employees to share feedback in a guided discussion led by an impartial facilitator — is best represented by an employee focus group. Therefore, option A is the correct answer.
Question 5:
What is the deadline for submitting a formal EEOC complaint?
A. 90 calendar days
B. 60 calendar days
C. 180 calendar days
D. 30 calendar days
Answer: A
Explanation:
The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination in the workplace based on race, color, religion, sex, national origin, age, disability, or genetic information. If an employee believes they have experienced discrimination in violation of these laws, they can file a complaint (also known as a charge) with the EEOC. However, this must be done within a specified time frame, which is critical for ensuring that the complaint is considered.
Key Timeframes for Filing an EEOC Complaint:
The general rule is that a person must file a charge with the EEOC within 180 calendar days of the alleged discriminatory act. However, if the alleged discrimination is also covered by a state or local law that prohibits the same type of discrimination, the filing deadline may be extended to 300 calendar days.
The 90 calendar days deadline applies specifically if the employee is filing an appeal after receiving a Notice of Right to Sue from the EEOC. This is the final step after the EEOC has either resolved the case or has chosen not to pursue it further, and the individual wishes to take the matter to court.
Why Option A is Correct:
90 calendar days is the time frame for filing a formal appeal if the EEOC has issued a Notice of Right to Sue. If an employee receives this notice, they must file a lawsuit in federal court within 90 days if they wish to pursue the claim further.
Why Other Options Are Less Suitable:
Option B - 60 calendar days:
There is no 60-day deadline for submitting an EEOC complaint. The time frame for filing an EEOC complaint is either 180 days or 300 days, depending on the circumstances, as mentioned above.Option C - 180 calendar days:
180 calendar days is indeed the standard time limit for filing a charge of discrimination with the EEOC after an alleged incident of discrimination. However, this is not the deadline for submitting a formal complaint, but for initially filing the charge.Option D - 30 calendar days:
There is no 30-day deadline for submitting a formal EEOC complaint. The 30-day deadline may apply in some other legal contexts, but not in the context of filing EEOC charges.
The correct answer is A, as the 90 calendar days deadline applies specifically when an individual wishes to file a lawsuit after receiving a Notice of Right to Sue from the EEOC.
Question 6:
Which of the following elements is legally acceptable to include on the application form?
A. Applicant’s race identification
B. Disclosure of gender
C. Consent for background screening
D. Statement on sexual orientation
Answer: C
Explanation:
When designing a job application, it is crucial to ensure that the form complies with federal and state laws designed to prevent discrimination in the hiring process. Various laws, such as the Civil Rights Act of 1964 (specifically Title VII), the Equal Pay Act, and others, protect applicants from discrimination based on race, gender, age, disability, religion, and other protected categories. Consequently, certain types of information are either not allowed or should be handled carefully to avoid violating discrimination laws.
Why Option C is Correct:
Consent for background screening is legally acceptable to include on a job application form. Employers are allowed to request consent from applicants for background checks, as long as the request complies with laws like the Fair Credit Reporting Act (FCRA). Background checks are a common part of the hiring process to verify an applicant's history, such as criminal records, credit history, and employment verification. However, employers must inform applicants about the nature of the background check and obtain written consent. Importantly, employers must also allow applicants to dispute any information that might negatively affect their application.
Why Other Options Are Less Suitable:
Option A - Applicant’s race identification:
Asking applicants to provide their race on a job application is generally not acceptable unless it is for specific, limited purposes, such as for affirmative action or EEO (Equal Employment Opportunity) reporting in a way that is voluntary and not tied to the hiring decision. Including race on a standard application form can lead to potential claims of discrimination, as it may suggest that the employer is considering race in hiring decisions. In most cases, race should not be solicited unless it serves a legitimate, non-discriminatory purpose.Option B - Disclosure of gender:
Similarly, requesting an applicant’s gender on a job application is generally not acceptable, unless the employer can show that it is a bona fide occupational qualification for the position (which is rare) or if it is part of an affirmative action plan. Asking for gender information may raise concerns about gender discrimination. The employer should avoid soliciting this information unless it is for legitimate, non-discriminatory purposes and should ensure that it is voluntary if requested at all.Option D - Statement on sexual orientation:
Sexual orientation is a protected characteristic under many laws, including those related to discrimination in the workplace. Asking an applicant to disclose their sexual orientation on a job application is generally not permissible, as it can lead to discrimination based on sexual orientation. In addition, such a question could violate protections under federal laws and state-specific anti-discrimination laws, unless it’s specifically related to the company’s equal opportunity policies or for affirmative action purposes, and even then, it should be optional.
The only legally acceptable element to include on the job application form is consent for background screening. All other options — asking for race identification, gender disclosure, or a statement on sexual orientation — could potentially violate anti-discrimination laws unless they are used in very specific circumstances, such as affirmative action initiatives or voluntary, non-discriminatory reporting. Therefore, option C is the correct answer.
Question 7:
How is a secondary boycott best defined under the Taft-Hartley Act?
A. Persuading third parties to stop business with a firm involved in a primary labor dispute
B. Organizing multiple simultaneous boycotts against one employer
C. Unions coordinating multiple boycotts across different sectors
D. Boycotting suppliers or partners of a company already facing a union boycott
Answer: D
Explanation:
The Taft-Hartley Act (Labor Management Relations Act of 1947) was a landmark law aimed at balancing the power between labor unions and employers. One of its primary purposes was to limit certain union activities, particularly those that were perceived to be unfair or overly disruptive to business operations. Among these activities, the law specifically restricted secondary boycotts, a practice that could expand the impact of a labor dispute beyond the primary employer involved.
Definition of a Secondary Boycott:
A secondary boycott occurs when a union targets a third party that is not directly involved in a labor dispute, usually a supplier, customer, or partner of the employer involved in the primary labor dispute. The union attempts to pressure these third parties to stop doing business with the employer involved in the primary dispute, with the aim of forcing the primary employer to settle the dispute. The Taft-Hartley Act sought to curtail these actions because they could harm businesses indirectly related to the conflict, putting additional pressure on employers to capitulate, often involving parties who had no direct role in the dispute.
Why Option D is Correct:
Option D correctly defines a secondary boycott as boycotting suppliers or partners of a company already facing a union boycott. In this situation, the union extends its actions beyond the company directly involved in the dispute, targeting its business relationships in an effort to exert additional pressure. This was the kind of activity that the Taft-Hartley Act specifically sought to restrict, as it could cause significant disruption in industries that were not the direct subject of the labor dispute.
Why Other Options Are Incorrect:
Option A - Persuading third parties to stop business with a firm involved in a primary labor dispute:
While this option might seem similar to a secondary boycott, it does not fully capture the secondary nature of the boycott. A secondary boycott is specifically about targeting third parties (suppliers, partners, etc.) of the primary employer, not just persuading anyone involved in the primary dispute to stop business with the employer.Option B - Organizing multiple simultaneous boycotts against one employer:
This option refers to a broader set of boycotts, but it does not specifically define a secondary boycott. A secondary boycott is about targeting third parties who have a business relationship with the primary employer, not about organizing multiple boycotts against a single employer.Option C - Unions coordinating multiple boycotts across different sectors:
This option describes a broader, coordinated effort, but it does not specifically address secondary boycotts. A secondary boycott is specifically about pressuring third parties connected to the employer in the primary labor dispute, not necessarily coordinating across different sectors.
The correct definition of a secondary boycott under the Taft-Hartley Act is D, which involves targeting suppliers or partners of a company already facing a union boycott. This type of boycott is restricted under the law due to its potential to cause significant disruption in industries not directly involved in the labor dispute.
Question 8:
Which of the following is not one of the four criteria used to assess job equality under the Equal Pay Act of 1963?
A. Required physical or mental effort
B. Environmental and situational job conditions
C. Relevant skills and abilities
D. Formal education level
Answer: D
Explanation:
The Equal Pay Act of 1963 (EPA) is a crucial piece of legislation that addresses gender-based pay disparities in the workplace. The Act mandates that men and women receive equal pay for equal work within the same establishment, provided the work is substantially equal in terms of its duties and responsibilities. The goal is to eliminate wage discrimination based on gender for positions that are comparable in scope and importance.
Under the Equal Pay Act, the criteria for determining whether two jobs are substantially equal are carefully defined. The criteria that employers must use to assess whether jobs are essentially the same in terms of skill, effort, responsibility, and working conditions are:
Four Criteria for Job Equality Under the Equal Pay Act:
Required skill: This refers to the level of expertise, experience, training, and abilities required for performing the job. Jobs requiring similar skills must be compensated equally, even if the employees performing the work are of different genders.
Required effort: This refers to the physical and mental effort needed to perform the job. Jobs that require similar levels of effort should be compensated similarly.
Responsibility: This involves the degree of responsibility that the position holds, including supervision of others, decision-making authority, and accountability for outcomes. Jobs that involve similar responsibilities are expected to be paid equally.
Working conditions: This considers the environment and situational conditions under which the work is performed. This includes factors like exposure to harmful substances, physical demands, or unusual working hours. Similar working conditions must be taken into account to ensure equal pay.
Why Option D is Incorrect:
Formal education level is not one of the criteria used under the Equal Pay Act to assess job equality. While education is important in many job settings, it is not directly tied to the pay disparity addressed by the EPA. The law is focused on skills, effort, responsibility, and working conditions, not formal education.
Why Other Options Are Correct:
Option A - Required physical or mental effort:
This is one of the four key criteria used to assess job equality. The mental and physical effort required by a job is central to determining whether the roles are substantially equal.Option B - Environmental and situational job conditions:
This is also a valid criterion under the Equal Pay Act. The working conditions, which include environmental factors like physical surroundings or exposure to hazards, must be considered when determining if two jobs are substantially equal.Option C - Relevant skills and abilities:
This is a valid criterion. The skills and abilities required for performing the job are directly tied to whether the work is equal. Jobs requiring similar skills and abilities should have comparable pay.
The correct answer is D because formal education level is not one of the criteria under the Equal Pay Act of 1963 for determining job equality. The four criteria focus on skills, effort, responsibility, and working conditions.
Question 9:
Which of the following is not a requirement to qualify for FMLA leave?
A. The employee must have worked at least 1,250 hours in the past 12 months
B. The company must have at least 25 employees
C. The employee must have worked at the organization for at least one year
D. The employer must be a covered employer under the Act
Answer: B
Explanation:
The Family and Medical Leave Act (FMLA), enacted in 1993, provides eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period for certain family and medical reasons, such as the birth of a child, the care of a family member with a serious health condition, or the employee’s own serious health condition. To qualify for FMLA leave, both the employee and the employer must meet certain eligibility requirements.
Key Eligibility Requirements for Employees:
The employee must have worked for at least 1,250 hours in the past 12 months:
The FMLA requires that employees have worked at least 1,250 hours (about 31.25 weeks at full-time hours) in the 12 months immediately preceding the start of the leave. This ensures that only employees with a sufficient work history with the employer are eligible for FMLA leave.The employee must have worked at the organization for at least one year:
To be eligible, the employee must have been employed by the company for at least 12 months. These 12 months do not need to be consecutive, and time worked for the employer before a break in employment (such as military leave or layoff) can still count toward the total period.The employer must be a covered employer under the Act:
The employer must be a covered employer under the FMLA. This means the employer must have at least 50 employees within a 75-mile radius of the employee’s worksite. This ensures that the law applies to employers large enough to provide job protection and paid leave.
Why Option B is Incorrect:
Option B, stating that the company must have at least 25 employees, is incorrect because the threshold is actually 50 employees. A company must have at least 50 employees working within a 75-mile radius for the employee to be eligible for FMLA leave. 25 employees is not the correct figure.
Why Other Options Are Correct:
Option A - The employee must have worked at least 1,250 hours in the past 12 months:
This is one of the key criteria for FMLA eligibility. Employees who have worked fewer than 1,250 hours in the 12-month period prior to requesting leave are not eligible for FMLA leave.Option C - The employee must have worked at the organization for at least one year:
This is another correct requirement for eligibility. Employees must have at least 12 months of employment with the employer, although those 12 months need not be continuous.Option D - The employer must be a covered employer under the Act:
This is a fundamental eligibility requirement for FMLA. The employer must meet the size requirements (at least 50 employees within a 75-mile radius) for FMLA protections to apply.
The correct answer is B, as the FMLA requires employers to have at least 50 employees, not 25, for the act to apply.
Question 10:
What is the main purpose of conducting a gap analysis in workforce planning?
A. To develop employee engagement strategies
B. To identify discrepancies between existing and required skill sets
C. To evaluate workplace safety risks
D. To measure annual employee satisfaction
Answer: B
Explanation:
In workforce planning, a gap analysis is a crucial tool used by Human Resources (HR) professionals to assess the current workforce and determine the future staffing needs of an organization. This process involves identifying the differences or gaps between the organization’s current human resources capabilities and the needs it will have in the future. By understanding these gaps, HR can plan more effectively for recruitment, training, development, and other aspects of workforce management. The purpose is to ensure the organization has the right talent in place to meet its strategic objectives and thrive in a competitive environment.
Purpose of a Gap Analysis:
The primary objective of conducting a gap analysis in workforce planning is to identify discrepancies between existing and required skill sets. Organizations need to assess whether their current workforce has the right skills, experience, and capacity to meet both current and future goals. If a gap is identified, the organization can take steps to bridge that gap, whether through training programs, hiring initiatives, or restructuring efforts.
Why Option B is Correct:
Option B, which focuses on identifying discrepancies between existing and required skill sets, is the central aim of a workforce gap analysis. This analysis allows HR to determine where there is a shortfall in skills and capabilities needed for future business needs, allowing for strategic planning to close those gaps. Without this understanding, an organization risks having skill shortages that could hinder its ability to perform effectively.
Why Other Options are Incorrect:
Option A - To develop employee engagement strategies:
While a gap analysis could indirectly impact engagement strategies (by ensuring employees are in the right roles and have the skills they need), it is not the main purpose of conducting a gap analysis. Engagement strategies are typically developed through different HR initiatives, such as surveys or feedback mechanisms.Option C - To evaluate workplace safety risks:
Workplace safety assessments are crucial but are a separate process from a gap analysis. A gap analysis in workforce planning is primarily concerned with staffing needs and skills gaps, not with safety risks.Option D - To measure annual employee satisfaction:
Employee satisfaction is another important aspect of HR management, but it is measured through employee surveys, focus groups, or similar tools, not through a gap analysis. A gap analysis is focused on identifying skills discrepancies to ensure workforce readiness, not satisfaction levels.
The correct answer is B because the primary purpose of a gap analysis in workforce planning is to identify discrepancies between existing and required skill sets, ensuring that an organization has the necessary talent and capabilities to meet both current and future demands.
