ASA CERTIFIED STAFFING PROFESSIONAL QUESTIONS
Language in employee handbooks should be _______________.
A. Focused on mandated policies
B. Detailed with many examples
C. Flexible and general - Answers :C. Flexible and general
Under FMLA rules, if a small company uses temporary services on an ongoing basis, it
could become subject to the law if its daily headcount, including temporaries, is at or
above 50 for at least __________ in a calendar year.
A. 15 weeks
B. 30 weeks
C. 25 weeks
D. 20 weeks
E. 10 weeks - Answers :D. 20 weeks
T/F: A candidate's sex may be a BFOQ. - Answers :True: a sex-based BFOQ does exist
in a small number of cases in which the position requires employees to be of a
particular gender. For example, a locker room attendant for gender-specific spaces.
Can a staffing firm require an employee complete the Form I-9 prior to an offer of
employment?
A. No
B. Yes - Answers :A. No
Employers bring wrongful discharge lawsuits against their employers under a variety of
theories. Some of the most common include:
A. The termination is contrary to public policy
B. The employer agreed, implicitly or expressly to terminate the employee only for
unsatisfactory job performance or other good cause
C. The termination violates the covenant of good faith and fair dealing
D. Only b and c
E. All of the above - Answers :E. All of the above
The following describes which factor under the IRS independent contractor three factor
test?
"This factor focuses on the level of control the putative employer has over the manner
and means with which the workers performs the job"
A. Financial Control
B. Type of relationship
C. Behavioral Control - Answers :C. Behavioral Control
Can you lawfully give an applicant tests such as math and grammar tests during the
pre-employment process?
, A. Yes, but only if the client requires it
B. No, it is not lawful to subject any applicants to testing
C. Yes, but you should require all applicants for the same position to take the same
tests
D. Yes, you can give tests to anyone you want - Answers :C. Yes, but you should
require all applicants for the same position to take the same tests
ABC Staffing Company has just begun using E-Verify. Is it a recommended practice to
confirm eligibility of employment for all existing employees using E-Verify?
A. Yes
B. No - Answers :B. No
If you receive a discriminatory job order from a client, what options do you have?
A. None, the client is always right
B. Welcome the opportunity to provide services, but politely remind the client that it is
illegal for you to honor a discriminatory request
C. Find out and address the underlying concern that may have led to the request in the
first place, but do not honor the request
D. Only b and c - Answers :D. Only b and c
Staffing firms should never honor discriminatory requests.
T/F: Staffing firms may terminate employees due to their union activities - Answers
:False: according to the NLRA and applicable case law, terminating an employee for
engaging in union activities constitutes an unfair labor practice
If there is an FLSA investigation and an investigator shows up at your staffing company
office to inspect your books, it may be prudent to:
A. Demand to speak to the investigator's supervisor
B. Consult an attorney who is experienced in wage and hour matter before allowing the
investigator access to the company's records
C. Attempt to learn why the investigation is being conducted
D. b and c
E. None of the above - Answers :D. b and c
T/F: Staffing firms are strictly liable when client's unfair labor practices violate the NLRA
- Answers :False: The National Labor Relations Board has held that a staffing firm will
not be liable unless the staffing firm knew or should have known of violations
Jerry was an employee of FedCo when he was called to active duty by the U.S. Army.
Jerry was released from active duty three years later. How long does Jerry have to
apply for reemployment with FedCo under the federal Uniformed Services Employment
and Re-Employment Rights Act?
A. 60 days
B. 30 days
C. 90 days
D. None of the above - Answers :C. 90 days
Language in employee handbooks should be _______________.
A. Focused on mandated policies
B. Detailed with many examples
C. Flexible and general - Answers :C. Flexible and general
Under FMLA rules, if a small company uses temporary services on an ongoing basis, it
could become subject to the law if its daily headcount, including temporaries, is at or
above 50 for at least __________ in a calendar year.
A. 15 weeks
B. 30 weeks
C. 25 weeks
D. 20 weeks
E. 10 weeks - Answers :D. 20 weeks
T/F: A candidate's sex may be a BFOQ. - Answers :True: a sex-based BFOQ does exist
in a small number of cases in which the position requires employees to be of a
particular gender. For example, a locker room attendant for gender-specific spaces.
Can a staffing firm require an employee complete the Form I-9 prior to an offer of
employment?
A. No
B. Yes - Answers :A. No
Employers bring wrongful discharge lawsuits against their employers under a variety of
theories. Some of the most common include:
A. The termination is contrary to public policy
B. The employer agreed, implicitly or expressly to terminate the employee only for
unsatisfactory job performance or other good cause
C. The termination violates the covenant of good faith and fair dealing
D. Only b and c
E. All of the above - Answers :E. All of the above
The following describes which factor under the IRS independent contractor three factor
test?
"This factor focuses on the level of control the putative employer has over the manner
and means with which the workers performs the job"
A. Financial Control
B. Type of relationship
C. Behavioral Control - Answers :C. Behavioral Control
Can you lawfully give an applicant tests such as math and grammar tests during the
pre-employment process?
, A. Yes, but only if the client requires it
B. No, it is not lawful to subject any applicants to testing
C. Yes, but you should require all applicants for the same position to take the same
tests
D. Yes, you can give tests to anyone you want - Answers :C. Yes, but you should
require all applicants for the same position to take the same tests
ABC Staffing Company has just begun using E-Verify. Is it a recommended practice to
confirm eligibility of employment for all existing employees using E-Verify?
A. Yes
B. No - Answers :B. No
If you receive a discriminatory job order from a client, what options do you have?
A. None, the client is always right
B. Welcome the opportunity to provide services, but politely remind the client that it is
illegal for you to honor a discriminatory request
C. Find out and address the underlying concern that may have led to the request in the
first place, but do not honor the request
D. Only b and c - Answers :D. Only b and c
Staffing firms should never honor discriminatory requests.
T/F: Staffing firms may terminate employees due to their union activities - Answers
:False: according to the NLRA and applicable case law, terminating an employee for
engaging in union activities constitutes an unfair labor practice
If there is an FLSA investigation and an investigator shows up at your staffing company
office to inspect your books, it may be prudent to:
A. Demand to speak to the investigator's supervisor
B. Consult an attorney who is experienced in wage and hour matter before allowing the
investigator access to the company's records
C. Attempt to learn why the investigation is being conducted
D. b and c
E. None of the above - Answers :D. b and c
T/F: Staffing firms are strictly liable when client's unfair labor practices violate the NLRA
- Answers :False: The National Labor Relations Board has held that a staffing firm will
not be liable unless the staffing firm knew or should have known of violations
Jerry was an employee of FedCo when he was called to active duty by the U.S. Army.
Jerry was released from active duty three years later. How long does Jerry have to
apply for reemployment with FedCo under the federal Uniformed Services Employment
and Re-Employment Rights Act?
A. 60 days
B. 30 days
C. 90 days
D. None of the above - Answers :C. 90 days
