CCS Compliance and Legal Considerations 2 — Questions and Answers
Question 1: Under the ADA, a staffing firm must provide reasonable accommodations to a temporary worker UNLESS doing so would cause:
- Minor administrative inconvenience
- Undue hardship to the employer (Correct answer)
- A delay in the worker's start date
- Additional training costs
Correct answer: Undue hardship to the employer
The ADA requires reasonable accommodations unless they impose an undue hardship, defined as significant difficulty or expense relative to the employer's resources.
Question 2: Which federal law prohibits staffing agencies from discriminating against workers based on national origin?
- FLSA
- NLRA
- Title VII of the Civil Rights Act (Correct answer)
- ERISA
Correct answer: Title VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin.
Question 3: A staffing agency places a worker at a client site where the client directs daily tasks. For I-9 purposes, who is responsible for verifying the worker's employment eligibility?
- The client company
- The staffing agency (Correct answer)
- Both equally share responsibility
- ICE directly verifies eligibility
Correct answer: The staffing agency
The staffing agency, as the employer of record, is responsible for completing and retaining Form I-9 for all workers it places.
Question 4: The WARN Act requires employers with 100+ employees to provide how many days advance notice before a mass layoff?
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
The Worker Adjustment and Retraining Notification (WARN) Act requires 60 calendar days advance written notice for qualifying plant closings and mass layoffs.
Question 5: Which of the following best describes 'joint employer' liability in the staffing industry?
- When two staffing agencies share the same client
- When both the staffing firm and client may be held responsible for labor law violations (Correct answer)
- When a worker holds two jobs simultaneously
- When a client company acquires a staffing firm
Correct answer: When both the staffing firm and client may be held responsible for labor law violations
Joint employer status means both the staffing agency and client can be liable for wage, hour, and safety violations affecting the temporary worker.
Question 6: Under OSHA's multi-employer worksite doctrine, which party is responsible for providing site-specific hazard training to temporary workers?
- Only the staffing agency
- Only the host employer
- Both the staffing agency and host employer share responsibility (Correct answer)
- The federal government provides training directly
Correct answer: Both the staffing agency and host employer share responsibility
OSHA holds both the staffing agency and host employer responsible — the agency for general safety training and the host employer for site-specific hazard training.
Question 7: An employee handbook provision stating workers cannot discuss their wages with coworkers is:
- Legally required to protect confidential pay data
- A violation of the National Labor Relations Act (Correct answer)
- Permitted if workers sign a confidentiality agreement
- Standard practice endorsed by the EEOC
Correct answer: A violation of the National Labor Relations Act
Section 7 of the NLRA protects employees' rights to discuss wages and working conditions; policies that prohibit such discussions are unlawful.
CCS Compliance and Legal Considerations 2
Under the ADA, a staffing firm must provide reasonable accommodations to a temporary worker UNLESS doing so would cause: