Bus law exam 3

The first federal law that specifically addressed equal employment issues was the:

Equal Pay Act of 1963

The_____________is the most common way for employers to verify a prospective employee's legal right to work in the United States.

I-9 form

The federal labor code, which consists of various major pieces of legislation is generally referred to as the:

National Labor Relations Act

The ______________was created to monitor unfair labor practices and assure that union representation elections are fair.

National Labor Relations Board

In France v. Southern Equipment Co., where France, after falling off a roof, sued Southern Equipment Co. who had employed Quality Metal Roof, a company that contracted with France's employer, Royalty Builders, to build them a new metal roof for exposing him to the inherently dangerous job of roofing, the appeals court held that:

Southern Equipment was not liable because they did not engage Royalty Builders to do the work and they had no control over Royalty Builders

In a sole proprietorship, legally the owner is the business and the business is the owner. (T/F)

True

In Zhou v. Bickley, Zhou helped Bickley start a motorcycle repair shop. When they got into a dispute later, the courts held that:

Zhou and Bickley were not partners, Bickley owed Zhou for money received to start the business run by Bickley

Under the hazard communication standard, a written hazard communication program must include:

a list of hazardous chemicals in the workplace, the manner in which safety data sheets, chemical labels, and worker training about chemical safety will be handled, a description of how employees will be trained for non-routine tasks, such as chemical spills or explosions

employment at will

allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations and allows employees to quit their jobs for any reason at any time and allows employers to discharge employees for any reason at any time subject to contract obligations

When you go on vacation you give your neighbor authority to pick up your mail and watch for burglars for you. You tell the neighbor not to go into the house or let anyone else in. A fire on the hills threatens your house. The neighbor goes in to carry out valuables before the house burns. This action is:

an agency through operation of law

Which of the following workers would not be covered by the FMLA

an employee who had not worked at all for at least a year

General partners in a limited partnership:

are personally liable to the partnership's creditors

An agent's ______________ is the power to change the principal's legal obligations.

authority

The governing committee of a corporation is the:

board of directors

The franchisee follows the business model set out by the parent company, such as OrangeTheory Fitness or Chick-fil-A in which category of franchise:

business format franchising

An agency coupled with an interest is created:

by an agent who has paid for the right to exercise authority with regard to a business

Death, total disability, permanent partial disability, temporary partial disability, and medical expenses are all:

categories of benefits of workers' compensation

An agency can be ended upon reasonable notice by:

either the agent or the principal

A(n) _______________ is a principal's clear signal to be bound to the otherwise unauthorized agreement.

express ratification

A person who thinks they have been the victim of discrimination in employment must file a complaint within 100 days or lose the right. (T/F)

false

After reviewing a corporation's articles of incorporation for compliance with state standards, and its application, the state issues corporate bylaws. (T/F)

false

An agent may not legally bind a principal to contracts without the principal agreeing to each contract. (t/f)

false

An independent contractor is an agent and an employee of the person who hired her. (T/F)

false

Disparate impact employment discrimination is based on unintentional actions that cause employment discrimination. (T/F)

false

Firing an employee because she has the AIDS virus is not likely to violate the Disabilities Act because employers have a business necessity for not wanting to employ such people: i.e. high medical insurance costs. (T/F)

false

If a plaintiff proves a prima facie case of employment discrimination, they have won their suit as there is no defense for prima facie discrimination. (T/F)

false

If the subject matter of an agency agreement is destroyed, the agency relationship continues until new subject matter is found. (T/F)

false

In Armstrong v. Food Lion, where employees at a grocery store beat two customers, the court held the store liable under the rule of vicarious liability. (T/F)

false

In a partnership, partners are presumed to place their individual interests above those of the partnership. (T/F)

false

Like a general partnership, all partners in a limited partnership have unlimited personal liability for the debts of the business venture. (T/F)

false

Limited liability companies, like corporations, are presumed to have perpetual life. (T/F)

false

Most large businesses are organized as proprietorships. (T/F)

false

One factor that courts may consider when trying to decide if an independent contract or employee relationship exists is whether or not the contractor has the right to direct or control the work of the employer. (T/F)

false

Ordering Spanish-speaking workers to always speak English to each other while they are at the workplace does not violate Title VII. (T/F)

false

Shareholders may not authorize third parties to vote on their behalf at shareholder meetings. (T/F)

false

The Supreme Court has ruled that being left-handed is a "disability" that is covered by the Americans with Disabilities Act. (T/F)

false

The articles of incorporation set the rules that regulate the internal structure of a corporation. (T/F)

false

The document that sets forth the rights and obligations of the franchisor and franchisee is known as the:

franchise agreement

A person authorized to execute all regular transactions connected with a business is called a:

general agentgrat

Workers' Compensation Laws

gives an employer immunity from employee tort suits arising from on-the-job accidents

A person who volunteers with no expectation of being paid for her services is a(n):

gratuitous agent

In Guz v. Bechtel National, where Guz was fired after 22 years good service in a personnel cutback and sued for breach of implied contract and covenant of fair dealing, the California high court held that Guz:

had no suit against his employer as successful service does not provide contractual guarantee of job security.

A shareholder's relation to creditors of the corporation is generally that the shareholder:

has no relation to creditors

Karen has a history of drunk driving and has been convicted several times. The Pizza Parlor hires her as a delivery person, despite knowing her history. If Karen causes an accident while on the job because she has been drinking you would expect the courts to:

hold The Pizza Parlor liable for negligent hiring

Which of the following is not true about the termination of a limited partnership?

limited and general partners share assets equally at the same time after the creditors are paid

A business organization in which some of the partners are not liable for partnership debts is called a:

limited liability partnership

Which class of employees is not covered by the NLRA:

managers and independent contractors and government workers

The articles of incorporation usually include all of the following except:

name of the CEO

A(n) ________________ is one in which employees agree not to leave and go into competition against the employer or go to work for a competitor for a certain time.

noncompete agreement

Unlike a corporation, a limited liability company is:

not allowed perpetual life

A corporation separates:

ownership from control

In general, limited partners lose their limited liability status by:

participating in managerial decisions in the partnership

When a court holds shareholders personally liable for corporate debts it is said to be:

piercing the corporate veil

Through an agency relationship, the agent becomes a representative of the:

principal

The Family and Medical Leave Act applies to all:

private employers of 50 or more persons and government units

Putting a bold disclaimer at the front of the handbook that says it is not a contract and requiring employees to sign the disclaimer is an attempt by businesses to:

protect themselves from being found to create an implied contract

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees?

refusing to commit and illegal act and performing a public duty (reporting for jury duty) and exercising freedom of speech rights

Posting a notice of unfair practices in the workplace, issuing a cease and desist order, providing back pay for lost wages, reinstating dismissed workers, and issuing an order to bargain with the union are all examples of:

remedies the NLRB may impose on an employer that has committed an unfair labor practice

Which of the following actions are employers most likely to be able to take when it comes to drug testing?

screen job applicants for drug use before they are hired and routinely test employees on an annual basis as part of a physical examination

The owners of a corporation are called:

shareholders

When liability is imposed on an employer for a tort committed by an employee, the liability is based on the rule of law known as:

spondeat superior

Which of the following can determine the scope of authority given to an agent:

statements of the agent, the principal's personal relationship with a third party, statements of the principal

Adam enters into an oral agreement with Tushar that Tushar will sell Adam's house for him. A week later, the house burns down. Adam and Tushar's agency is now:

terminated by operation of law

A company that has more than $25,000 worth of business with the federal government and does not state what action will be taken against employees who violate the company's drug-free policy would be in violation of:

the Drug-Free Workplace Act

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

the Norris-La Guardia Act

. Limited partners may not participate in the management of the limited partnership or they lose certain legal protections. (T/F)

true

Agents have a duty of obedience to their principals, which means that if the agent ignores the principal's instructions, she violates her duty. (T/F)

true

An employer could be liable for acts of an employee based on negligent hiring. (T/F)

true

Directors of a corporation are responsible for making basic corporate policy. (T/F)

true

Employers may wish to state that employee handbooks are not binding contracts. (T/F)

true

Employment-at-will means that, unless a contract holds otherwise, employers can fire workers only for job performance reasons, but employees are free to quit their jobs at any time for any reason. (T/F)

true

For any person to be hired legally in the U.S., they must be able to present documents to show their identity. (T/F)

true

If a hurricane is coming and you spend $800 to buy supplies to protect your neighbor's house against storm damage, when they are gone and cannot be reached, you may have created an agency by operation of law. (T/F)

true

If an employer denies a female worker a promotion because she is pregnant, the employer has violated the Pregnancy Discrimination Act. (T/F)

true

If an older worker is fired instead of a worker under age 40, but the younger worker has more seniority on the job, the employer has not violated the Age Discrimination in Employment Act. (T/F)

true

If the court "pierces the corporate veil" it may hold the shareholder(s) personally liable for corporate debts. (T/F)

true

In K.C. Roofing Center v. On Top Roofing, the courts held that the owners of a corporation were not liable for thedebts of the business entity. (T/F)

true

In a few situations, such as modeling clothing, an employer may discriminate on the basis of sex as a bona fide occupational qualification. (T/F)

true

It is not a violation of the ADA to ask an employee if a work assignment might be modified to help accommodate their disability. (T/F)

true

Limited liability companies are taxed like partnerships, but have the liability rules of a corporation. (T/F)

true

Noncompete agreements are when an employer has employees sign agreements not to compete with the employer in the future. (T/F)

true

Principals have an obligation to reimburse their agents for their normal business expenses related to the agency, unless otherwise agreed. (T/F)

true

The National Labor Relations Act requires employers and unions to deal in good faith in collective bargaining. (T/F)

true

The corporate bylaws are the rules that regulate the internal structure of a corporation. (T/F)

true

The winding up of partnership affairs completes any unfinished business and distributing the partnership's assets. (T/F)

true

Title VII provides equal employment opportunity protection for people who are members of "protected classes." (T/F)

true

Under the Family and Medical Leave Act, employees may take leave to care for a spouse. (T/F)

true

Someone designated to do all acts that can be legally granted to an agent is called a:

universal agent

A potential drawback of sole proprietorships and partnerships is that the parties involved have:

unlimited liability

Under traditional common law rules, a partnership:

was always treated as a single legal entity

An agency through operation of law is established:

when an emergency exists and the "agent's" actions are in the public interest

When an employee reports an employer's illegal act it is referred to as:

whistle blowing

OSHA may impose penalties for which of the following:

willful or repeated violation, a serious violation, a non-serious violation, failure to correct a violation