D432 HR Compliance and Employee Relations - Set 2 - Part 1

Correct Answer: To ensure safe and healthy working conditions

The OSH Act aims to ensure safe and healthy working conditions for employees by setting and enforcing workplace safety standards. It does not directly address worker pay or labor union membership.

Correct Answer: Employee misconduct

A valid defense in OSHA violation cases can be that the violation was due to unpreventable employee misconduct. Other defenses include infeasibility of compliance and independent contractor status.

Correct Answer: Repeated violation

A repeated violation occurs when an employer has been cited for the same or a similar OSHA violation within a specific time frame. Serious violations involve immediate danger to workers, and willful violations occur when an employer knowingly disregards safety rules.

Correct Answer: Inspection credentials

During an OSHA inspection, the inspector must present their credentials as the first step in the process. Documentation related to workplace hazards and safety practices may also be gathered.

Correct Answer: Age Discrimination in Employment Act (ADEA)

The ADEA protects workers aged 40 and older from age-based discrimination in hiring, promotion, and other employment practices. Title VII covers discrimination based on other factors such as race, religion, and sex.

Correct Answer: Retirement benefits depend on individual account balances

Defined contribution plans, such as 401(k)s, are based on individual account balances, which are determined by contributions and investment performance. Defined benefit plans, on the other hand, promise a fixed retirement benefit.

Correct Answer: Operating a nuclear power plant

Strict liability applies to abnormally dangerous activities, such as operating a nuclear power plant, where there is an inherent risk of harm regardless of the level of care taken by the operator.

Correct Answer: To provide job-protected unpaid leave for family and medical reasons

The FMLA allows eligible employees to take unpaid, job-protected leave for specific family or medical reasons, such as the birth of a child or a serious health condition.

Correct Answer: Federal Trade Commission Act

The Federal Trade Commission Act prohibits unfair or deceptive acts in commerce, including false advertising and misleading pricing information, in order to protect consumers.

Correct Answer: A contract that lacks legal purpose

A void contract is one that lacks legal purpose or is contrary to public policy, making it unenforceable. Minor breaches do not make a contract void, and mutual agreement is a necessary element of a valid contract.

Correct Answer: The degree of control over the worker’s tasks

The Control Test evaluates the degree of control an employer has over how and when the worker performs their tasks to determine whether they are classified as an employee or an independent contractor.

Correct Answer: Workers are protected from retaliation for reporting safety violations

The OSH Act protects workers from retaliation, such as termination or demotion, for reporting safety violations. Workers do not receive guaranteed financial compensation for reporting such violations.

Correct Answer: Jurisdictional strike

A jurisdictional strike is illegal under U.S. labor law. It occurs when two unions dispute which one has the right to represent workers. Economic strikes, where workers seek better wages or conditions, are typically legal under certain conditions.

Correct Answer: Facilitating collective bargaining

The NLRB’s role is to facilitate collective bargaining between employers and employees, protect workers' rights, and resolve labor disputes. It does not regulate wages or benefits directly.

Correct Answer: COBRA

COBRA (Consolidated Omnibus Budget Reconciliation Act) allows employees to continue their health insurance coverage after termination, typically for a limited period, provided they pay the premiums.

Correct Answer: Overseeing the securities markets and protecting investors

The SEC regulates securities markets, monitors corporate filings, and ensures investor protection by promoting transparency and accountability in financial markets.

Correct Answer: Concealing the origin of illegally obtained money

Money laundering is the process of concealing the origins of illegally obtained funds, often through complex financial transactions. It is a serious crime and subject to significant penalties.

Correct Answer: To prohibit workplace discrimination based on race, color, religion, sex, and national origin

Title VII of the Civil Rights Act prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It is one of the key laws promoting equal opportunity in the workplace.

Correct Answer: The promise must be enforced to avoid injustice

Promissory estoppel allows a promise to be enforced even without a formal contract if it would prevent injustice, such as when someone reasonably relies on the promise to their detriment.

Correct Answer: Immigration Reform and Control Act

The Immigration Reform and Control Act prohibits employers from knowingly hiring undocumented workers and establishes penalties for those who violate this requirement.