Human Resources Management Flashcards

A non-union construction company requires its crew to meet at the company's main yard each morning to pick up a company truck and specialized tools before driving 90 minutes to the job site. The crew returns the truck and tools to the yard at the end of the day. According to the Fair Labor Standards Act (FLSA), which portion of the crew's day is MOST likely considered compensable work time?

Answer: The time spent driving from the yard to the job site and back to the yard.

Under the FLSA, travel from a required central meeting point to the actual work site is considered "travel that is all in a day's work" and is compensable. This is because the employees are under the employer's control and performing activities (transporting tools and equipment) integral to their principal work. Normal home-to-work commute is generally not compensable.

A construction contractor wins a bid on a federally funded project valued at $500,000. What is the primary human resources compliance requirement mandated by the Davis-Bacon and Related Acts (DBRA) for this project?

Answer: To pay all laborers and mechanics the local prevailing wages and fringe benefits.

The Davis-Bacon Act requires contractors and subcontractors on federally funded or assisted construction contracts in excess of $2,000 to pay their laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.

A general contractor (GC) is facing a labor shortage and hires several workers from a third-party staffing agency. The GC's on-site superintendent directly assigns tasks, sets work hours, and supervises the daily activities of the staffing agency's workers. If the staffing agency fails to pay proper overtime, which of the following represents the MOST significant legal risk for the GC?

Answer: Being found liable as a "joint employer" for the unpaid wages.

When a company exercises significant control over another company's employees (e.g., direct supervision, setting schedules, assigning duties), it can be deemed a "joint employer" under laws like the FLSA and NLRA. This makes the GC jointly and severally liable for wage and hour violations, such as unpaid overtime, committed by the primary employer (the staffing agency).

Which of the following workplace incidents on a construction site would be considered a recordable injury or illness on the OSHA Form 300 log?

Answer: A welder suffers a burn that requires a one-time application of a prescription antibiotic cream from a physician.

According to OSHA recordkeeping requirements (29 CFR 1904.7), an injury is recordable if it results in medical treatment beyond first aid. The use of any prescription medication is explicitly defined as medical treatment beyond first aid. The other options describe situations that fall under the category of first aid or observation, which are not recordable.

A union contractor that contributes to a multiemployer pension plan (MEPP) is considering ceasing operations in a specific geographic area covered by the collective bargaining agreement, thereby ending its obligation to contribute to the plan for those employees. What is the most significant potential financial liability the contractor must evaluate?

Answer: A demand for withdrawal liability from the MEPP.

Under the Multiemployer Pension Plan Amendments Act (MPPAA), an employer that completely or partially withdraws from an underfunded MEPP can be assessed "withdrawal liability." This liability represents the employer's proportionate share of the plan's unfunded vested benefits and can be a substantial financial obligation.

In the context of a construction company's safety program, which of the following BEST describes the primary human resources and safety function of a daily "toolbox talk"?

Answer: To provide brief, site-specific safety training on hazards relevant to the day's work.

Toolbox talks are short, informal safety meetings conducted at the jobsite before work begins. Their main purpose is to reinforce safety protocols, discuss specific hazards associated with the tasks planned for that day, and keep safety awareness high among the crew.