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Compliance and Legal Considerations Flashcards

7 cards from real CCS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Compliance and Legal Considerations flashcards as text

  1. A staffing agency operating in California must comply with AB5 primarily regarding:

    Answer: The ABC test for classifying workers as employees vs. independent contractors

    California AB5 codifies the ABC test, making it significantly harder to classify workers as independent contractors and impacting how staffing firms structure engagements.

  2. Which record retention period applies to I-9 forms under federal law for employees who are terminated?

    Answer: 3 years from hire date OR 1 year after termination, whichever is later

    Employers must retain I-9 forms for three years from the date of hire or one year after termination, whichever date is later.

  3. Under the Genetic Information Nondiscrimination Act (GINA), a staffing agency is prohibited from using genetic information in:

    Answer: Hiring, firing, pay, job assignments, and all other terms of employment

    GINA prohibits the use of genetic information in all aspects of employment, including hiring, firing, compensation, and job assignments.

  4. A temporary worker is injured at a client's worksite. Which insurance type primarily covers the worker's medical expenses and lost wages?

    Answer: The staffing agency's workers' compensation insurance

    The staffing agency, as the employer of record, carries workers' compensation insurance that covers temporary workers injured during the course of their assignments.

  5. Which federal law governs the handling of confidential employee benefit plan information and sets fiduciary standards for retirement plans that may cover temporary workers?

    Answer: ERISA

    ERISA (Employee Retirement Income Security Act) sets minimum standards for most voluntarily established retirement and health plans and imposes fiduciary duties on plan administrators.

  6. Under the Age Discrimination in Employment Act (ADEA), which workers are protected from age-based discrimination?

    Answer: Workers age 40 and older

    The ADEA protects workers who are 40 years of age or older from discrimination based on age in hiring, firing, pay, and other terms of employment.

  7. A staffing agency's client instructs the agency to stop sending a temporary worker because the worker filed an OSHA complaint. Complying with this instruction would likely constitute:

    Answer: Illegal retaliation under Section 11(c) of the OSH Act

    Section 11(c) of the OSH Act prohibits retaliation against employees who exercise their rights under OSHA, and removing a worker due to an OSHA complaint constitutes unlawful retaliation.