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

Correct Answer: Employers are responsible for employee actions performed within the scope of employment

Respondeat superior is a legal doctrine that holds employers liable for the actions of employees that occur within the scope of their employment.

Correct Answer: Form I-9

Form I-9 is used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. It must be completed for all new employees.

Correct Answer: To prevent unfair competition and monopolies

The Sherman Antitrust Act aims to prevent monopolies and promote fair competition in the marketplace, ensuring that businesses cannot engage in anti-competitive practices.

Correct Answer: White-collar crime

White-collar crimes are non-violent crimes committed by business professionals, such as fraud, embezzlement, and insider trading.

Correct Answer: Fair Labor Standards Act (FLSA)

The FLSA establishes minimum wage, overtime pay, and child labor standards to ensure fair treatment of employees.

Correct Answer: A contract with acceptance, consideration, and legal purpose

A valid contract must have offer, acceptance, consideration, and legal capacity, along with a legal purpose. Contracts lacking these elements are unenforceable.

Correct Answer: To set minimum standards for pension and retirement plans

ERISA establishes minimum standards for private pension and retirement plans, ensuring that employees receive the benefits they are promised by their employers.

Correct Answer: Using new investors funds to pay returns to earlier investors

A Ponzi scheme is a fraudulent investment operation where returns to earlier investors are paid using the capital from newer investors, rather than from legitimate profit.

Correct Answer: A life-threatening hazard is present in the workplace

A serious violation under OSHA occurs when there is a high probability that a worker could be seriously injured or killed as a result of a hazard.

Correct Answer: Discriminatory hiring practices

Permissible subjects of collective bargaining include wages, benefits, working hours, and health and safety conditions. Discriminatory practices are illegal and cannot be included in bargaining agreements.

Correct Answer: Foreign Corrupt Practices Act (FCPA)

The FCPA prohibits U.S. companies and individuals from engaging in bribery and corrupt practices in international business transactions.

Correct Answer: Secondary boycott picketing

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

Correct Answer: Consistency of the witnesss statements

When determining witness credibility during an investigation, one of the key factors is whether the witnesss statements remain consistent throughout the process.

Correct Answer: Promissory estoppel

Promissory estoppel allows a promise to be enforced even in the absence of a formal contract when one party reasonably relies on the promise to their detriment.

Correct Answer: Manage assets in the best interest of participants

Under ERISA, plan administrators have fiduciary duties, such as managing assets prudently and in the best interest of participants, diversifying investments, and avoiding conflicts of interest.

Correct Answer: The product was misused by the consumer

Misuse of a product by the consumer is a valid defense in product liability cases, as manufacturers cannot be held liable if the product is not used as intended.

Correct Answer: Protects workers aged 40 and older from age-based discrimination

The ADEA protects workers aged 40 and older from discrimination in hiring, promotions, and other employment decisions based on age.

Correct Answer: Form 10-Q

Form 10-Q is a quarterly report filed by publicly-traded companies with the SEC to provide updates on their financial performance.

Correct Answer: Employer promises fixed retirement benefits

In a defined benefit plan, the employer promises a fixed retirement benefit to employees, usually based on factors such as salary and years of service.

Correct Answer: A contract with valid offer, acceptance, and consideration

An enforceable contract must have offer, acceptance, consideration, legal capacity, and a legal purpose. Contracts involving minors or illegal terms are typically unenforceable.