Question

In order for a citation to be deemed "willful," the employer cannot have previous knowledge of the violation.

Option 1: True
Option 2: False

Answer 1

The given statement is false (option 2), an employer can be deemed to have committed a willful violation even if they have previous knowledge of the citation's cause. 'Willful' implies intentional disregard or plain indifference to legal requirements.

Step-by-step explanation:

Option 2: False is the correct answer. The term willful, when applied to a citation given to an employer for a violation of a law or regulation, typically means that the employer acted with intentional disregard of, or with plain indifference to, the law's requirements.

According to the constitutional standard referenced, willfulness extends to actions committed with 'actual malice,' which implies a consciousness of wrongdoing. Hence, an employer can be aware of the violation beforehand, and still be deemed willful in their actions if they knowingly continued with the false practices or showed reckless disregard for the truth.

Hence, the answer is option 2.