D432 HR Compliance and Employee Relations - Set 4 - Part 1

Correct Answer: Offer, acceptance, and consideration

A valid, enforceable contract must include an offer, acceptance, and consideration (something of value exchanged between the parties).

Correct Answer: To ensure safe and healthy workplace conditions

OSHA is responsible for setting and enforcing safety and health standards in the workplace to prevent work-related injuries, illnesses, and deaths.

Correct Answer: Age Discrimination in Employment Act (ADEA)

The ADEA prohibits discrimination against employees or job applicants aged 40 and older, ensuring fair treatment in hiring, promotions, and other employment practices.

Correct Answer: Picketing at a secondary employer not involved in the labor dispute

Secondary boycott picketing, where workers picket a business not directly involved in their dispute, is illegal under U.S. labor laws.

Correct Answer: Voluntary resignation due to employer's coercion

Constructive discharge occurs when an employee resigns due to intolerable working conditions that are created or allowed by the employer, effectively forcing the employee to leave.

Correct Answer: Facilitating collective bargaining between employers and employees

The NLRB is responsible for ensuring employees’ rights to organize, engage in collective bargaining, and resolve labor disputes.

Correct Answer: A verbal agreement with mutual consent and consideration

A contract is enforceable if it includes mutual consent, an offer, and consideration (something of value). Verbal agreements can be enforceable under certain conditions.

Correct Answer: Genetic Information Nondiscrimination Act (GINA)

GINA prohibits employers from using genetic information, such as family medical history or DNA tests, to make employment decisions such as hiring, firing, or promotions.

Correct Answer: Discouraging employees from joining a union

Under the NLRA, it is considered an unfair labor practice for employers to interfere with, restrain, or coerce employees in their rights to organize or join a union.

Correct Answer: To regulate pension plans and ensure fiduciary responsibility

ERISA establishes minimum standards for retirement and health plans in private industry and ensures that plan administrators act in the best interest of plan participants.

Correct Answer: Working conditions

Working conditions are a mandatory subject of collective bargaining. Employers and unions must negotiate on topics such as wages, hours, and safety.

Correct Answer: It enforces promises without the need for a formal contract

Promissory estoppel allows a promise to be legally enforced even without a formal contract if one party relies on the promise to their detriment.

Correct Answer: Acting in the best interests of plan participants and beneficiaries

ERISA requires fiduciaries, such as plan administrators, to act in the best interests of participants and beneficiaries and to manage plan assets prudently.

Correct Answer: Occupational Safety and Health Act (OSH Act)

The OSH Act protects employees from retaliation when they report unsafe working conditions, ensuring that they cannot be fired, demoted, or punished for reporting violations.

Correct Answer: To set minimum wage and overtime pay standards

The FLSA establishes minimum wage, overtime pay, and child labor standards to ensure fair compensation for employees in the U.S.

Correct Answer: A life-threatening workplace hazard

A serious violation occurs when there is a substantial risk of death or serious injury from a hazard that could have been prevented by the employer.

Correct Answer: Offering job-protected unpaid leave for certain family and medical reasons

The FMLA provides eligible employees with job-protected unpaid leave for qualifying family and medical reasons, such as the birth of a child or a serious health condition.

Correct Answer: To ensure that employers provide a workplace free from recognized hazards

The General Duty Clause requires employers to provide a workplace that is free from recognized hazards that could cause death or serious harm to employees.

Correct Answer: The contract involves illegal activities

A contract that involves illegal activities is void because it lacks legal purpose. Contracts must comply with legal standards to be enforceable.

Correct Answer: The product was misused by the consumer

Misuse of a product by the consumer can serve as a valid defense in a product liability claim, as manufacturers are not responsible for injuries caused by improper use of the product.