Mixed Deck — All CPC Topics Flashcards

What is the purpose of OSHA (Occupational Safety and Health Administration)?

Answer: To ensure that workplaces are safe and free from health hazards

The Occupational Safety and Health Administration (OSHA) is a federal agency dedicated to ensuring safe and healthful working conditions for employees. Its purpose is to set and enforce standards, and to provide training, outreach, education, and assistance. OSHA works proactively to prevent work-related injuries, illnesses, and fatalities, thereby protecting the well-being of the American workforce.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reemploy returning service members within how many days after they give notice of return from service of 31–180 days?

Answer: 14 days

For service of 31 to 180 days, the service member must report or submit a reemployment application no later than 14 days after completion of service, and the employer must promptly reemploy them.

What is the purpose of a 'client service agreement' in staffing?

Answer: To legally define the terms, fees, liabilities, and obligations of the staffing firm and client

A client service agreement is a binding contract specifying fees, guarantee periods, liability, co-employment terms, and operational obligations between the agency and client.

What is 'cross-training' in workforce development?

Answer: Training employees to perform tasks or roles outside their primary function

Cross-training teaches employees the skills to perform multiple roles, increasing organizational flexibility and reducing single-point-of-failure risks.

An employer contributes 3% of each employee's salary to a 401(k) plan regardless of whether the employee contributes. This is best described as a:

Answer: Non-elective contribution

A non-elective contribution is made by the employer for all eligible employees without requiring any employee contribution.

Which interview technique asks candidates to respond to a hypothetical job scenario?

Answer: Situational interview

Situational interviews present hypothetical job scenarios and ask candidates what they would do, assessing intentions and judgment rather than past behavior.

What is an example of retaliation under employment law?

Answer: Firing an employee for reporting harassment

Retaliation under employment law occurs when an employer takes adverse action against an employee for exercising their legally protected rights. Firing an employee for reporting harassment is a clear example of such illegal retaliation. This action punishes the employee for engaging in a protected activity, such as reporting discrimination or unsafe working conditions, and can lead to severe legal consequences for the employer.

What distinguishes 'coaching' from 'mentoring' in employee development?

Answer: Coaching typically focuses on specific performance goals; mentoring focuses on broader career guidance

Coaching is usually short-term and performance-focused, while mentoring is a longer-term relationship centered on career growth and personal development.

Under ERISA, what is the maximum vesting period allowed for a cliff vesting schedule in a 401(k) employer match?

Answer: 3 years

ERISA requires that cliff vesting for employer 401(k) matching contributions occur no later than 3 years of service.

A candidate discloses during a CPC interview that she is 7 months pregnant. The client declines to interview her. Under which law does the candidate have the strongest federal claim?

Answer: Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related conditions, covering hiring decisions.

Which type of progressive discipline step typically follows a verbal warning in standard HR practice?

Answer: Written warning

Progressive discipline moves from verbal warning to written warning, then suspension, and finally termination if issues persist.

According to professional standards, a recruiter should avoid 'fee splitting' unless:

Answer: Both parties are fully informed and consent to the arrangement

Fee-splitting arrangements are only ethical when all parties are fully informed and have consented to the terms of the arrangement.

An off-limits clause in a staffing agreement typically prohibits the recruiting firm from:

Answer: Soliciting employees from the client company for a specified period

Off-limits (or non-solicitation) clauses prevent the recruiter from raiding the client's own workforce by recruiting their employees for other clients during and after the engagement.

What is the PRIMARY purpose of conducting a thorough job analysis before beginning recruitment?

Answer: To identify the essential functions, required skills, and KSAs needed for the role

Job analysis identifies the essential duties, knowledge, skills, and abilities (KSAs) that define success in a role and form the legal basis for selection criteria.

A staffing firm consultant is advising a client on managing a temp-to-hire employee who is underperforming. The MOST appropriate recommendation is to:

Answer: Notify the client of the performance concern and collaboratively develop a corrective plan before the conversion decision

In temp-to-hire situations, the staffing firm should act as a partner in performance management, helping the client make an informed conversion decision.

An indemnification clause in a staffing agreement protects the client by requiring the staffing agency to:

Answer: Hold the client harmless from claims arising from the agency's negligent actions or omissions

Indemnification clauses shift financial liability for certain claims — such as those arising from the agency's misrepresentation of a candidate's qualifications — from the client to the staffing firm.

What should be done after selecting a candidate?

Answer: Informing the selected candidate and offering the job

After a thorough selection process, the immediate and most critical next step is to formally inform the chosen candidate and extend a job offer. This typically involves a written offer letter detailing the position, salary, benefits, and start date. This action secures the candidate and initiates the crucial onboarding process, bringing the recruitment cycle to a successful close.

Which legal doctrine allows an employer to terminate an employee for any reason (or no reason), as long as the reason is not illegal?

Answer: Employment-at-will

Employment-at-will permits either party to end the employment relationship at any time, for any lawful reason.

Under the Uniform Guidelines on Employee Selection Procedures, test 'validity' means:

Answer: The test actually measures what it claims to measure and is job-related

Validity means that a selection test accurately measures the skills or traits it is designed to measure and those attributes are genuinely relevant to job performance.

An employee who is placed on suspension with pay while an investigation is conducted is experiencing:

Answer: A neutral administrative action to protect the investigation

Paid administrative leave during an investigation is standard practice to protect both the employee and the integrity of the process—it is not inherently disciplinary.