D432 HR Compliance and Employee Relations - Set 3 - Part 1

Correct Answer: Complexity due to independent contractor status

The gig economy is composed of many workers who are classified as independent contractors rather than employees, making union organization more complex and reducing union membership opportunities.

Correct Answer: Discriminatory hiring practices

Illegal subjects, such as discriminatory practices, cannot be included in collective bargaining agreements. Mandatory topics, such as overtime pay and health and safety, are allowed.

Correct Answer: Subcontracting

Permissive bargaining subjects are those that can be negotiated if both parties agree. Subcontracting is a permissive subject, while wages, hours, and health insurance are mandatory subjects of bargaining.

Correct Answer: Fair Labor Standards Act (FLSA)

The FLSA establishes federal standards for minimum wage, overtime pay, and child labor, ensuring that employees receive fair compensation for their work.

Correct Answer: Unpreventable employee misconduct

Employers can defend themselves against OSHA violations by proving that the violation was due to unpreventable employee misconduct. Employers must also demonstrate that proper safety training and enforcement were in place.

Correct Answer: Genetic Information Nondiscrimination Act (GINA)

GINA prohibits employers from using genetic information to make employment decisions, such as hiring, firing, promotions, or benefits.

Correct Answer: To ensure safe and healthy working conditions for employees

The OSH Act aims to ensure safe and healthy working conditions by setting and enforcing workplace safety standards. It does not address wages, union practices, or retirement benefits.

Correct Answer: The right for workers to form and join unions

The right to organize allows workers to form and join unions, which gives them the power to collectively bargain for better wages, benefits, and working conditions.

Correct Answer: A workplace hazard that could result in death or serious injury

A serious violation occurs when there is a substantial probability that a workplace hazard could cause death or serious physical harm to employees.

Correct Answer: Foreign Corrupt Practices Act (FCPA)

The Foreign Corrupt Practices Act (FCPA) addresses bribery and corruption in international business transactions, ensuring that U.S. companies engage in ethical business practices abroad.

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

The FMLA grants eligible employees the right 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: Engaging with customers, suppliers, investors, and communities

Stakeholder engagement involves communicating and collaborating with a wide range of stakeholders, including employees, customers, suppliers, investors, and communities, to address their concerns and foster positive relationships.

Correct Answer: Whistleblowers are protected from retaliation for reporting violations

U.S. labor laws protect whistleblowers from retaliation, such as termination or demotion, for reporting safety violations, unethical conduct, or illegal practices within a company.

Correct Answer: Facilitating collective bargaining between employers and employees

The NLRB facilitates collective bargaining by ensuring that workers' rights to organize and bargain collectively are protected. It also resolves labor disputes between employers and employees.

Correct Answer: Discouraging union membership

Discouraging union membership is an unfair labor practice under the NLRA. Employers cannot interfere with, restrain, or coerce employees in their exercise of rights to organize, form, or join a union.

Correct Answer: To enforce laws that prohibit workplace discrimination

The EEOC is responsible for enforcing federal laws that prohibit discrimination in the workplace based on race, color, religion, sex, national origin, age, disability, or genetic information.

Correct Answer: Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment. It requires employers to provide reasonable accommodations to qualified individuals with disabilities.

Correct Answer: Hazard identification and assessment

Hazard identification and assessment are key elements of an effective safety and health program. Employers must identify workplace hazards and assess the risks associated with them to ensure a safe working environment.

Correct Answer: To set minimum standards for pension and welfare benefit plans

ERISA sets minimum standards for pension and welfare benefit plans to protect employees and ensure that they receive promised benefits. It requires transparency and accountability in the management of these plans.

Correct Answer: Health Insurance Portability and Accountability Act (HIPAA)

HIPAA governs the use and protection of medical information in the workplace. It ensures that employees' health information is kept confidential and is only used for appropriate purposes.