BL 3335 Practice Exam 4
Vehicle Assembly Inc. operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this circumstance, it is illegal for a U.S. employer to:
- hire people not authorized to work in the U.S. - recruit people not authorized to work in the U.S. - refer for a fee people not authorized to work in the U.S.
The waiters who worked for Sports Time Grill receive tips on the job. Under the Fair Labor Standards Act, Sports Time is required to pay the wait staff:
$2.13 an hour, plus the tips, to equal at least the federal minimum wage.
Title VII of the Civil Rights Act applies to employers and labor unions with at least:
15 employees or members.
Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of:
All of the choices: - primary duties of the jobs - seniority or merit system - any factor other than gender
Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on _____.
Congress
Data Inc. pays income and other taxes collected by the IRS. Like other federal administrative agencies, the IRS was created by:
Congress, through enabling legislation.
T/F A consumer may recover under a state consumer-fraud statute, even if he or she has not suffered actual damages proximately caused by a deceptive act.
False
T/F A creditor can always require the signature of a cosigner on a credit application.
False
T/F A debt-collection agency can always contact a debtor at his or her place of employment.
False
T/F A gratuitous agent can be liable to a principal for breach of contract, even in the absence of a contract, but not liable for the negligent performance of the deal.
False
T/F A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.
False
T/F A person who cannot legally enter into a certain contract directly can do so indirectly through an agent.
False
T/F A principal may be liable for an agent's or an employee's tort, with the exception of negligence, which is an unintentional tort for which the agent or employee is vicariously liable.
False
T/F A property owner who hires a realtor to sell the property thereby enters into an agency relationship with an employer for a limited time.
False
T/F A state does not have the inherent power to ban affirmative action within that state.
False
T/F A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.
False
T/F A worker who has voluntarily left his or her job qualifies for unemployment compensation to partially make up for the worker's loss of income.
False
T/F According to the United States Supreme Court, courts should not defer to an administrative agency's interpretation of the law.
False
T/F Actual authority in an agency relationship arises from what a principal makes clear to a third party.
False
T/F Administrative agencies lack the time, the resources, and the expertise to make the detailed decisions required for regulation.
False
T/F Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.
False
T/F After final rules are issued, administrative agencies no longer conduct investigations of the entities that they regulate.
False
T/F Agency relationships cannot exist outside an employment, so agency law has a narrower reach than employment law.
False
T/F Agency relationships come about by voluntary consent and agreement of the parties -- consideration is required, and the agreement must be in writing.
False
T/F Although executive agencies exist within the cabinet departments of the executive branch, they are not subject to the authority of the president.
False
T/F An administrative law judge does not have the power to rule on questions of evidence or to make determinations of fact.
False
T/F An administrative law judge's decision on a dispute over an administrative action is the final order of the agency - no appeal is possible.
False
T/F An agency relationship is based on the attributes of power, control, and financial self-interest -- not the trust and confidence of a fiduciary relationship.
False
T/F An agency's interpretation of the law will not be upheld by a court unless it is supported by specific evidence - a reasonable explanation is not enough.
False
T/F An agent can represent two principals in the same transaction, so long as neither is aware of the dual capacity.
False
T/F An agent must keep confidential any information acquired through an agency during the term of the relationship, but can disclose it after the agency ends.
False
T/F An employee fired for participating in a protected activity, such as an employment-discrimination investigation, cannot sue for wrongful discharge.
False
T/F An employee must complete Form I-9, Employment Eligibility Verification, within 3 days of the commencement of employment.
False
T/F An employer can eliminate a worker's medical, optical, or dental insurance coverage on the voluntary termination of the worker's employment.
False
T/F An employer can require employees to participate in such religious activity as weekly prayer meetings with other employees.
False
T/F An employer can waive or reduce the federal overtime pay requirements if the waiver or reduction is applied to all otherwise eligible and ineligible employees.
False
T/F An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender.
False
T/F An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.
False
T/F An employer may fire a worker for reasons that violate a fundamental public policy if that policy is clearly expressed in statutory law.
False
T/F An employer must reasonably accommodate its employees' religious practices, but only if they are based on the doctrines of a traditionally recognized religion.
False
T/F An express employment contract cannot protect an employee from discharge without good cause.
False
T/F An independent contractor is, by definition, an employee because the person's physical conduct is controlled, or subject to control, by the employer.
False
T/F An obviously exaggerated advertising claim will be considered deceptive even if a reasonable consumer would not believe it to be true.
False
T/F An undisclosed principal is one whose identity is totally unknown by an agent and a third party at the time a contract is made.
False
T/F Apparent authority in an agency relationship arises when the principal causes the agent to reasonably believe that he or she has the authority to act.
False
T/F Both parties to an agency relationship have the power and the right to terminate the relationship at any time.
False
T/F By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.
False
T/F Certain employers are required to keep occupational injury and health records for each employee, but due to privacy concerns, no employer is permitted to electronically post those records.
False
T/F Congress can review new federal regulations only after they take effect.
False
T/F Constructive discharge occurs when an employer, to avoid conflict among workers, discharges an employee engaging in an unconventional act, such as wearing a hijab.
False
T/F Credit can be denied solely on the basis of national origin.
False
T/F Creditors that use information from credit-reporting agencies cannot be held liable for violations of the Fair Credit Reporting Act.
False
T/F Deceptive advertising occurs if a reasonable consumer believes an advertising claim.
False
T/F Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.
False
T/F During an employee's leave under the Family and Medical Leave Act, an employer must continue to compensate the employee to avoid the potential negative effect of unpaid leave on interstate commerce.
False
T/F Employees who work 10 hours a day, for 4 days a week, are entitled to overtime pay because they work more than 8 hours a day.
False
T/F Federal law does not require food product labels to identify the product.
False
T/F Federal law that allows employees to take time off work for family or medical leave supersedes state and local laws that provide more generous benefits.
False
T/F Final rules do not have binding legal effect until the courts confirm them.
False
T/F Generally, online ads - unlike other ads - can be less than truthful and not every claim must be substantiated.
False
T/F Half-truths - information that is true but incomplete - are not deceptive because such statements are at least half true.
False
T/F If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.
False
T/F Immigrants law consists of a single, simple, comprehensive federal statute that permits, but discourages, the hiring of illegal immigrants.
False
T/F Importers of foods do not have to verify that the imported food meets U.S. safety standards.
False
T/F In an agency relationship, one party called the principal agrees to represent or act for another called the agent.
False
T/F In states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled only to the lower federal amount.
False
T/F Interested parties are not given the opportunity to express their views on a proposed rule because their efforts might influence agency policy.
False
T/F It is not illegal for a licensed professional to employ an unlicensed agent to perform professional acts.
False
T/F Legislatures create statutory law and administrative law.
False
T/F Manufacturers and suppliers entering into contracts with agencies of the federal government are exempt from federal wage-hour requirements.
False
T/F Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.
False
T/F New administrative agencies are rarely created in response to a crisis.
False
T/F Notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it, and then issuing a rule.
False
T/F Notifying employees that their e-mails and phone calls may be monitored protects an employer who also monitors social media posts and text messages from liability for invasion of privacy.
False
T/F On the review of an agency's interpretation of the law, a court is likely to defer to the agency's view, unless the court would have interpreted the law differently.
False
T/F Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.
False
T/F Shipping times promised in ads are estimates - merchants are not required to notify consumers when orders cannot be shipped as timely as promised.
False
T/F The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to 40 years of age.
False
T/F The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship".
False
T/F The Americans with Disabilities Act permits employers to take adverse employment actions based on assumptions about individuals who associate with people who have disabilities.
False
T/F The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.
False
T/F The FCC is charged with the goal of preventing unfair and deceptive trade practices.
False
T/F The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a free someone not authorized to work in this country.
False
T/F The Lanham Act protects against the deceptive use of trademarks but does not cover false advertising claims.
False
T/F The Truth-in-Lending Act applies to a loan between two consumers because in that transaction, the lender is a person who in the ordinary course of business is extending credit.
False
T/F The agent must maintain separate accounts for the principal's funds and for the agent's personal funds, but may intermingle these accounts.
False
T/F The doctrine of respondeat superior imposes liability for an agent's tort on a principal without regard to the personal fault of the agent.
False
T/F The duties that an agent owes a principal must be set forth in the agency agreement because they do not arise by operation of law.
False
T/F The equal dignity rule requires that a principal and an agent act in good faith and with mutual respect in their dealings with each other.
False
T/F The government cannot remove a product from the market simply because it is considered imminently hazardous.
False
T/F The principal is bound by the agent's unauthorized act, unless the principal negates it.
False
T/F The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agency's operating costs.
False
T/F The quality and safety of food may be important to consumers, but food labels that provide standard nutrition facts are a seller's option, not a requirement.
False
T/F The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.
False
T/F There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.
False
T/F Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.
False
T/F To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.
False
T/F To obtain authorization for hiring a foreign worker in place of an American, an employer must show that the foreigner will be paid less than the American.
False
T/F To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.
False
T/F To receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer.
False
T/F Under federal law, the definition of gender discrimination has not been expanded to include discrimination based on pregnancy.
False
T/F Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.
False
T/F Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.
False
T/F Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.
False
T/F Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.
False
T/F Under the Uniformed Services Employment Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.
False
T/F When an agent's acts create the appearance of an agency that does not in fact exist, the principal is estopped to deny the agency relationship.
False
T/F When an agent, acting within the scope of his or her authority contracts with a third party, in no circumstance is the agent liable to the third party.
False
T/F Workers in the United States generally have less protection against sexual harassment in the workplace than workers in other countries.
False
Herber, Irma, and Jon apply to work for Kitchen Chicken Inc. in Louisiana. These individuals' eligibility to work must be verified by:
Kitchen Chicken
T/F A business necessity is a defense against employment discrimination based on the genuine requirements of a business.
True
T/F A business that cannot provide scientific evidence to support its marketing claims may be held liable for deceptive advertising.
True
T/F A deceptive ad for a product involving wrongful charges to consumers may result in an award of damages of a defendant's unjust gains and consumers' losses.
True
T/F A false statement or unjustified claim about a competitor's products can result in liability for deceptive advertising.
True
T/F A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.
True
T/F A principal has a duty to pay an agent in a timely manner the customary compensation for services rendered.
True
T/F A principal who creates an exclusive agency and then competes with the agent can be held liable for the agent's lost profits or sales.
True
T/F A truck driver who drives a company truck on a regular basis is most likely an employee.
True
T/F A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job as a basis for a claim of retaliation.
True
T/F Administrative agencies at various levels of government can work together and share the responsibility of creating and enforcing regulations.
True
T/F Administrative regulations have benefits, but the benefits can entail considerable costs for business.
True
T/F Advertising will be deemed deceptive if it includes a claim that omits a material fact about a product.
True
T/F An ad is more likely to be considered fair if its benefit to consumers or the competition outweighs any injury it might cause to the interests of consumers.
True
T/F An agency must conduct a regulatory flexibility analysis whenever a new regulation will significantly impact a substantial number of small businesses.
True
T/F An agency relationship can arise by ratification, which involves a determination of intent expressed by words or conduct.
True
T/F An eligible employee may take unpaid leave under the Family and Medical Leave Act for family or medical reasons, and in certain situations that arise from military service.
True
T/F An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.
True
T/F An employer can avoid liability for sexual harassment by taking prompt remedial action.
True
T/F An employer can avoid liability under Title VII by showing that the employer's standards for hiring and promoting have a substantial, demonstrable relationship to realistic qualifications for the job at issue.
True
T/F An employer cannot discharge a worker who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.
True
T/F An employer charged with hiring an unauthorized worker in violation of immigration law can avoid a penalty by claiming that he/she did not "know" the worker was unauthorized.
True
T/F An employer offering health insurance that costs an employee more than a certain amount of the employee's income may be assessed a penalty.
True
T/F An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.
True
T/F An injury that occurs while an employee is commuting to or from work is usually not considered to have occurred on the job or in the course of employment and hence is not covered by workers' compensation law.
True
T/F Any business offering health insurance to its employees may be eligible for tax credits to offset some of the cost.
True
T/F Any person can be an agent, regardless of whether he or she has the capacity to contract.
True
T/F As the economy has grown more complex, the size of the government has also increased, and so has the number of administrative agencies.
True
T/F Bait-and-switch advertising occurs if the seller fails to have reasonably adequate quantities of the advertised item available.
True
T/F Because U.S. employers face serious penalties if they hire undocumented workers, it is necessary for businesspersons to understand immigration law.
True
T/F Because consumers may not read an entire web page, an online disclosure should be placed as close as possible to any claim being qualified.
True
T/F Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.
True
T/F Because the Administrative Procedure Act imposes requirements that all federal agencies must follow, it is an integral part of the administrative process.
True
T/F By using agents, a principal can conduct multiple business operations simultaneously in various locations.
True
T/F Congress can exercise authority over the power of an administrative agency by revising its funding, changing its responsibilities, or abolishing it altogether.
True
T/F Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claim under Title VII and other federal discrimination laws.
True
T/F Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.
True
T/F Employers who provide health insurance to their employees' health information is not disclosed to unauthorized parties.
True
T/F Federal law regulates the use of such terms as low fat on food label.s
True
T/F Federal wage-hour requirements apply to all employers engaged in interstate commerce, in producing goods for interstate commerce, and in certain other businesses.
True
T/F For an agency's interpretation of the law to be accorded deference by a court, it must meet the formal standards for notice-and-comment rulemaking.
True
T/F If a business firm refuses to comply with an agency request to inspect facilities or business records, the agency may resort to the use of a subpoena.
True
T/F If a state law requires employers to give employees one day off per week, an employee who works that one day may be entitled to overtime pay under federal law.
True
T/F If an advertisement is proven to be deceptive, it may be subject to a cease-and-desist order.
True
T/F If an agent has represented himself or herself as possessing special skills, the agent is expected to use them.
True
T/F If an employer does not pay unemployment taxes, the government can place a lien on the business's property to secure the debt.
True
T/F In some situations, the courts find an agency relationship where there is no formal agreement.
True
T/F In the absence of a challenge, an agency action may be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law".
True
T/F Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.
True
T/F Labels must be accurate and use words easily understood by the ordinary consumer.
True
T/F Most of the states and the federal government have enacted statuses to protect employees who report wrongdoing from employer retaliation.
True
T/F Normally, a business firm complies with an agency request to inspect facilities because it is in the firm's interest to maintain good relations with the agency.
True
T/F Normally, an employer is liable for a supervisor's sexual harassment only if the supervisor took a tangible employment action against an employee.
True
T/F Once the agency relationship between a principal and an agent has ended, the agent loses the right to bind the principal.
True
T/F Private employers are generally free to hire and fire workers at will, regardless of the employees' performance.
True
T/F Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.
True
T/F Regulation Z was issued by the Federal Reserve Board of Governors to implement the disclosure requirements of the Truth-in-Lending Act.
True
T/F Sexual harassment occurs when a pattern of sexually offensive conduct runs throughout a workplace and the employer takes no steps to prevent it.
True
T/F The Age Discrimination Employment Act extends to federal government employees, but state employers are usually immune from age-based claims.
True
T/F The FTC actively monitors online advertising.
True
T/F The Federal Food, Drug, and Cosmetic Act (FFDCA) protects consumers against contaminated and misbranded food and drugs.
True
T/F The Immigration Act limits the number of legal immigrants entering the United States.
True
T/F The Immigration Reform and Control Act provided amnesty to a certain group of aliens living illegally in the United States.
True
T/F The Telemarketing Sales Rule applies to any offer - domestic or foreign - made to consumers in the United States.
True
T/F The government does not need a warrant to review an employer's file of I-9 forms as part of a general inspection program that includes random audits.
True
T/F The greater the employer's control over the work, the more likely it is that the worker is an employee.
True
T/F The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.
True
T/F The manufacture and sale of any product that poses an unreasonable risk to consumers can be banned.
True
T/F The permissibility of a private employer's drug testing of employees may hinge on whether the testing is reasonable.
True
T/F The president can limit the power of an administrative agency through the power to appoint its officers.
True
T/F There is a significant distinction between regulating the information dispensed about a product and regulating the product's actual content.
True
T/F To a large extent, statutory law governing the workplace has displaced common law doctrines.
True
T/F To be eligible for unemployment compensation, a worker must be willing and able to work.
True
T/F To bring a Title VII claim as a class action, employees must prove a company-wide policy of discrimination that has a common effect on all of the plaintiffs.
True
T/F Under a law addressing public concern over power exercised by federal agencies, the government must disclose certain records to any person on request.
True
T/F Under the Administrative Procedure act, a party seeking judicial review of an agency decision must first exhaust all administrative remedies.
True
T/F Under the Fair Credit Reporting Act, a consumer can request the identity of anyone who has received a credit agency's report on the consumer.
True
T/F Under the principles of agency law, any sale of goods by a salesperson in a store to a customer can be binding on the owner of the store.
True
T/F When Title VII applies to an employer, any employee - including an undocumented worker - can bring an action for employment discrimination.
True
T/F When an agent, acting within the scope of his or her authority, contracts with a third party, a disclosed principal is liable to the third party.
True
T/F When an employee receives tips on the job, federal law requires the employer to pay the employee the difference between the amount of the tips and the federal minimum wage.
True
T/F With respect to tainted foods, the focus of federal regulators has shifted from responding to incidents of contamination to preventing them.
True
Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely:
a constructive discharge
T/F Lawnscape Company and Mowers Inc. make yard tools. Both companies use only steel produced in the United States. Lawnscape's ad claims, "We use only U.S. steel, while our competitor uses inferior foreign steel!" Under the advertising standards of the FTC Act, this statement is most likley:
a false claim about a competitor's product.
Diamonds & Gold Inc. hires Esme to buy gems and precious metals from various sources on its behalf. In this relationship, Diamonds is:
a principal
Aiden hires Buck to manage Aiden's Cattle Ranch. Buck agrees to act on Aiden's behalf, subject to Aiden's control, and Aiden trusts Buck to so act. Their relationship is:
a principal and an agent.
Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of:
a protected class
Retail Stores Inc. pays taxes collected by the appropriate state agencies. Like other state administrative agencies, these agencies were created by:
a state legislature, through an enabling act.
Organic Frozen Foods Corporation is subject to regulations issued by the FDA, which is a federal agency. These regulations are part of the body of _____.
administrative law
To hire a qualified foreign worker for a "specialty occupation", under the Immigration Act, an employer must:
agree to pay wages equal to the pay of other similarly qualified workers.
Country Club officers ask Devi to contract with Ewan to maintain the club's golf course. Devi orally agrees to do so. The relationship between the club and Devi is an agency by _____.
agreement
An ad for Bagels Inc. attracts buyers who would otherwise have made purchases from Croissant Company. To bring a successful claim against Bagels under the federal Lanham Act for false advertising, Croissant must establish that:
all of the choices: - ad directly caused Croissant to lose sales - ad was false or deceptive - buyers were deceived by the ad
Rosa introduces Sal to her friend Trey as "my associate". Sal purports to act as Rosa's agent in a business transaction with Trey. If Rosa is liable for Sal's actions, it will be because their relationship is:
an agency by estoppel.
Motor Parts Sales Inc. hires Nolly to work on its shipping dock, accepting deliveries, and dispatching trucks, and dealing with customers and drivers. With respect to Motor Parts, Nolly is most likley:
an agent
Rene is a delivery driver for Sicilian Pasta Company. Rene does exactly what the company tells her. Rene is:
an employee
Nora works at Oil & Gas Inc. She is a sales representative who works with Oil & Gas customers. The company closely supervises its sales reps and dictates their schedules. With respect to third parties, Nora is:
an employee and agent
Ota works at Pumps Inc. She works in the company's engineering department, interacting with third parties only to discuss technical issues. With respect to third parties, Ota is:
an employee only
Health Clinic Inc. has no written employment manual or oral discharge policy, avoids abusive treatment of its staff, and acts to prevent illegal and unsafe activities. The clinic freely hires and fires its employees, who are similarly free to quit at any time. With respect to the employment-at-will doctrine, this is:
an example of the doctrine
Oakley is an employee of Paving Inc., which is performing a contract for the federal government. Oakley learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is:
an exception based on a statute
Ferris is an employee of Guitars LLC. Guitars' employee manual states that workers, such as Ferris, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is:
an exception based on contract theory
Leah is an at-will employee of Mortgage Mart LLC. She is fired for refusing to falsify credit applications for her employer's clients. Leah successfully sues Mortgage Mart for wrongful discharge. With respect to the employment-at-will doctrine, this is:
an exception based on public policy
Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work for her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement. With respect to the employment-at-will doctrine, this is:
an exception based on public policy
Blanca is an at-will employee of Commercial Data Company. In firing Blanca, Dart, a Commercial Data manager, publicly discloses, via social media, private facts about Blanca's personal life. She successfully sues the employer for wrongful discharge. With respect to the employment-at-will doctrine, this is:
an exception based on tort theory
Games Inc. induces Hoda to leave a well-paying job and move to another state for "long-term, lucrative employment in a growing business". She accepts the offer, but her position is soon eliminated due to Games' ongoing, undisclosed financial problems. Hoda brings a successful action against the employer for fraud. With respect to the employment-at-will doctrine, this is:
an exception based on tort theory
Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to the hosts of banquets and other events. In this capacity, Rosario is:
an independent contractor.
Denny, a certified public accountant and an investor, and Ethel, an insurance salesperson and a realtor, may create an agency relationship for:
any legal purpose
The distinction made under agency law between employee and independent-contractor status is important because federal employment laws:
apply only to the employer-employee relationship.
The rules of administrative agencies can be:
as binding as laws passed by Congress.
Heart & Home Furniture store advertises bedroom suites as a "Special Low Price of $599." When Ilene tries to buy one of the suites, Jill, the salesperson, tells her that they are all sold and no more are obtainable. Jill adds that Hearth & Home has other bedroom suites available for as low as $2,599. This is:
bait-and-switch advertising
Delta Water Company is subject to a decision by the EPA. Delta appeals to the decision, arguing that it is arbitrary and capricious. This could mean that the decision:
changed the agency's prior policy without justification.
Mattress Company advertises a special sale - all bedding, half price. The ad does not state that the sale price does not include delivery or shipping costs. To avoid claims of deceptive advertising, Mattress should:
clearly and conspicuously disclose the shipping cost in its ads.
Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but ails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is:
disparate-impact discrimination.
Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is:
disparate-treatment discrimination.
Spicy Salsa Inc. complains to the FTC about an ad broadcast by Tangy Taco Sauce Company, Spicy's competitor. The FTC investigates and concludes that the ad is deceptive. The FTC's next step is to:
draft a formal complaint.
With respect to immigration law, fines and imprisonment, and a bar from government contracts, may be imposed on an employer who:
engages in a "pattern or practice of violations".
Pro Motor Company makes cars. Federal law requires Pro to attach a label that includes the EPA's fuel economy estimate for a vehicle to:
every new car.
Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must:
exhaust all possible administrative remedies.
Under the Immigration Act, specialty temporary work visas are not availavle for:
foreign workers whose hiring will adversely affect domestic workers.
Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of _____.
gender
With respect to governing the workplace, statutory law:
has displaced common law doctrines to a large extent.
Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that:
he is a member of a protected class.
Myra, a female, and Neil, a male, are employees of Operation Business Corporation. Myra regularly e-mails sexually explicit images via Operation's network to Neil, who finds the images offensive. This is most likely:
hostile work environment harassment.
The Financial Stability Oversight Council was created in response to a financial crisis to:
identify and respond to emerging risks in the financial system.
The FTC receives numerous complaints that a Renewal Subscriptions In. ad is deceptive. The FTC's first step is to:
investigate
Faux Products Inc., in its ads, makes false claims about its own products and about the products of its competitors. The firm may be subject to sanctions for the false claims about:
its products and its competitors products.
Because, to a substantial degree, the immigration debate concerns the employment environment, Congress enacted:
legislation to prohibit employers from hiring illegal immigrants.
Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except:
mechanics
Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay, IT Solutions can legitimately pay different wages to male and female employees on the basis of _____.
merit
An ad for Running Shoes Inc. states that its footwear is "The Winner's Choice." Because of this ad, the FTC is most likely to issue:
none of the choices: - a cease-and-desist order - a settlement - a counteradvising order
Consumer Staples Inc. includes in its advertising obvious exaggerations, vague generalities, and puffery about its products. The firm may be subject to sanctions for:
none of these choices: - puffery - obvious exaggerations - vague generalities
Lucia is married to Marco. Lucia buys food for their children's lunches and charges the cost to Marco's account. This is an agency by:
operation of law
With increasing industrialization, workers came to believe that to counter the power and freedom of employers, and to protect themselves, they needed to:
organize into unions.
Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that:
other persons of her race hold similar positions with similar employers.
Independent regulatory agencies such as the Federal Communications Commission are:
outside the federal executives departments.
Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's _____.
practice
The Federal Trade Commission Act granted the FTC the power to:
prevent businesses from engaging in unfair trade practices.
The SEC decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is:
publish a notice of the proposed rulemaking.
Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is _____.
quid pro quo harassment
Whole Grains Company wants to make and market new processed bread and cereal products. On each product's label, standard nutrition facts are _____.
required
Direct Sales Corporation sells products to consumers over the phone, through the mail, and online. Under the FTC's Mail or Telephone Order Merchandise Rule, the firm may be liable for failing to:
ship orders within the time promised in its ads.
EZ Workout Inc. advertises Fit Step, an exercise machine, online. In its ads, EZ claims that the use of Fit Step measurably enhances the attainability of fitness and weight loss goals and will contribute significantly to the length of its users' lives. In this context, the company's ads and claims must be _____.
substantiated
Compliance with Title VII of the Civil Rights Act is monitored by:
the Equal Employment Opportunity Commission
The procedures used by administrative agencies in fulfilling their basic functions is known as:
the administrative process.
Bakery LLC hires Cora to sell the company's products in a certain area. The company agrees to pay Cora a salary, plus commission, for a trial period. They also agree that she can sell using any methods and during any hours that seem appropriate. The key factor in whether Cora is an employee is:
the degree of the employer's control over the details of the work.
Byron, a salesperson at a Carpet & Tile store, tells Dan, a customer, "Buy your flooring here, and I'll install it for less than the store would charge". Dan buys carpeting, which Byron installs for half the store's price. Byron keeps the money. With respect to the store, Byron has breached:
the duty of loyalty
Energy Company employs Fred to negotiate the purchase of mineral rights for future mining projects. Fred secretly buys some of the property and sells it to Energy at a profit. Fred has breached:
the duty of loyalty
Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached:
the duty of obedience
Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in:
the employer's liability for breach of contract.
Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by:
the federal government.
When a state administrative regulation conflicts with a federal administrative regulation:
the federal regulation takes precedence.
Retail Store Inc. is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is:
the highest minimum wage.
Vim applies for a job at Weldin Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that:
the practice in question was justified.
The FDA is an executive agency. As an executive agency, the FDA is subject to the authority of _____.
the president
The executive branch of the government can exercise control over an administrative agency through:
the president's veto powers.
Analytic Data Inc. wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if:
there is a shortage of qualified U.S. workers capable of doing the work.
Home Made Inc. advertises a variety of household products online. In this context, the company's ads must be _____.
truthful
Berry Farms Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants.
under no circumstances.
Federal and state laws are aimed at protecting consumers from all of the following except:
unwise purchases
Chloe is 17 years old. Under the Fair Labor Standards Act, she cannot:
work in a hazardous occupation.
Devlin is 13 years old. Under the Fair Labor Standards Act, he cannot:
work in a hazardous occupation.
