Module 6: Ch 32-38
The Family Medical Leave Act provides eligible employees with the right to take up to ______ weeks of unpaid leave for personal medical reasons.
12
The Pregnancy Discrimination Act was passed in the year _____.
1978
The Age Discrimination and Employment Act protects workers who are over the age of ____.
40
The Family Medical Leave Act covers companies who have _____ or more employees.
50
________ occurs when one is targeted by a union when the union's dispute is really with a different employer.
A secondary boycott
__________ design and supervise the construction of buildings and other large structures.
Architects
_____ occurs when the professional did not act properly or failed to act.
Breach
Which of the following agencies is responsible for ensuring that consumer products sold in the United States are safe?
CPSC
______ is defined as a financial planner's overly excessive buying and selling of securities to earn more commission dollars.
Churning
_________ is a fault in the entire product line that creates a hazardous condition, which causes an injury.
Design defect
Which of the following is not an example of a product regulated by the Consumer Product Safety Commission?
Drugs
Which of the following are necessary elements to prove malpractice?
Duty Damages
_______ are required to pay federal and state unemployment insurance taxes.
Employers
__________ design complex things such as bridges and power-generating stations.
Engineers
Which of the following was the first federal statute to address discrimination against women in the workforce?
Equal Pay Act of 1963
Which of the following is a breach of the established standards for the accounting profession?
Failing to file appropriate and timely tax returns
True or false: An employee may only sue an employer for defamation if the false statement relates to the employee's job performance.
False: An employee may sue an employer for defamation, irrespective of whether the false information relates to the employee's job performance.
The federal agency responsible for the safety of food sold in the United States is the ___________.
Food and Drug Administration
What are the statutes that shield medical professionals from malpractice liability when the plaintiff's injuries occurred in emergency cases outside the scope of regular employment?
Good Samaritan laws
If the ____________ discovers a large company has purposefully misclassified an employee as an independent contractor, the company can be fined millions of dollars.
IRS
________ is defined as the immoral or improper conduct by a professional in the performance of their duties.
Malpractice
_________ of insurance brokers and agents can occur with all forms of insurance if they do not sufficiently explain the insurance or make the appropriate recommendation.
Malpractice
What is the federal agency responsible for the safety of cars sold in the United States?
NHTSA
The federal agency created by the Occupational Safety and Health Act of 1970 is called ________.
OSHA
Ch33: The most important federal statute that requires employers to maintain a safe and healthy work environment is the ________________.
Occupational Safety and Health Act
The _________________ was passed in 1970 to promote health and safety in the workplace.
Occupational Safety and Health Act
___________ may be sued by shareholders for losses resulting from inaction or actions of those involved at high levels of corporations.
Officers Directors
A disability, according to the ADA of 1990, can be which of the following?
Physical Mental
Which of the following is one way federal and state governments reduce unreasonable risk of injury associated with consumer products?
Providing safety information to the public
Which of the following would likely not be considered an independent contractor?
Retail sales clerk
Which of the following is not one of the three types of lawsuits that may be brought by a victim of a negative or incomplete reference?
Solicitation
The ___________ protects individuals are protected from discrimination in employment on the basis of age.
The Age Discrimination and Employment Act
Which of the following gives the FDA authority to regulate tobacco products to discourage young adults and children from smoking?
The Tobacco Control Act
_____________ is a system established by state and federal statutes that provides compensation to eligible employees who lose their jobs.
Unemployment insurance
Which of the following is the determining factor in deciding the relationship between employer and agent?
What the individual does on the job
The National Traffic Safety Administration mandates that automobiles sold in the United States have safety features such as ____________________.
air bags seat belts
Under the doctrine of employment at will, an employee may choose to terminate their employment _____________.
at any time they wish
An employer can safely disclose information about a current or former employee in all of the following areas, except _________________.
character unrelated to the job
Discrimination against employees who are members of a protected ______________ is illegal throughout the employment process.
class
An example of attorney malpractice would be improperly __________ in land transactions done for the client.
clearing title
Under the doctrine of strict liability, a manufacturer may be liable product-related injuries to others whether or not they _______________.
committed an intentional tort were at fault have been negligent
State law varies on whether the provisions contained in the employee handbook are considered a(n) __________ between employer and employee.
contract
It is ______ to correctly classify workers as either employees or independent contractors.
crucial
The ADA would protect persons who suffer from any of the following, except _______________.
current drug use
A product flaw makes the product more ________ than it should have been.
dangerous
The number of employees in the private sector who are members of labor unions has ______ in recent years.
declined
For the most part, an employee may sue their former employer for _________ if the former employer made untrue statements about their job performance to a third party.
defamation
The Civil Rights Act of 1964 is designed to protect individuals from illegal ______.
discrimination
Under the Civil Rights Act of 1991, an employee may recover damages for emotional distress associated with being the victim of _______.
discrimination
An example of malpractice is when an attorney _____________________.
does not interview witnesses for a criminal case
The FDA requires that all drugs sold in the United States be thoroughly tested to ensure that they are ____________.
effective safe
Workers' compensation statutes allow an employee to recover damages for injuries and illnesses without having to prove ___________.
employer negligence
An agreement that formally spells out the duties that employees and employers owe each other is called a(n) ______ contract
employment
This concept allows an employer to fire an employee for no reason at all:
employment at will doctrine.
Certain laws exist to shield medical professionals from malpractice claims during __________ circumstances.
extreme
If accounting professionals ___________, they will likely be held liable to their clients and/or third parties for losses.
fail to meet their professional standards
When a seller or maker of a product fails to advise buyers of inherent dangers in their products, it is called _______________.
failure to warn
Hiring unproductive workers is referred to as __________.
featherbedding
Under its Tobacco Control Act authority, the FDA has banned the production, distribution, and sale of ___________.
flavored cigarettes
An employee __________ is a manual published by an employer that contains the many policies of the firm.
handbook
Malpractice of agents and brokers can occur with ______________ insurance.
health flood automobile
Sexual harassment may affect an employee's job condition or create a _____ working environment.
hostile
During the negotiation process, the union has the right to ensure that the employer bargains ______________.
in good faith
If a prospective employer relies on a(n) ________ reference and suffers damages, that employer may have a claim for negligent misrepresentation against the firm who gave the reference.
incomplete
Somebody who contracts to do a job but retains complete control over the methods employed to complete that job is called a(n) __________________.
independent contractor
To determine whether an employer is liable for their agent's torts, a court must first determine whether an agent is an employee or a(n) _________________.
independent contractor
A seller or manufacturer of a product has a duty to advise buyers of dangers _________ their products.
inherent in
Retailers are particularly vulnerable to product liability lawsuits when the product manufacturer is ____________.
insolvent
Disclosing personal, irrelevant information about a former employee amounts to ______________, irrespective of whether such information is true or false.
invasion of privacy
A(n) ______________ is a group of employees who bargain with employers for improved wages, benefits, and working conditions.
labor union
A collective bargaining agreement is a negotiated contract between a(n) __________ and a(n) _________ that covers the terms and conditions of employment.
labor union employer
Nearly all professionals carry some form of ___________ to protect against being adjudged negligent.
liability insurance
The Fair Labor Standards Act of 1938 sets standards for _________________ an employee can earn.
minimum wage overtime pay
Providing a(n) _____________ reference about a current or former employee can subject an employer to liability.
negative incomplete
In law, professional malpractice is a specific type of ___________.
negligence
When a former employer withholds important information when giving a reference for their former employee, the prospective employer may sue the former employer for ________________.
negligent misrepresentation
A product flaw is an abnormality or condition that was ___________.
not intended
Employees have the right to _____ a labor union.
not join form join
Manufacturers have a legal duty to design products in a manner that is ____________.
not negligent
Currently, employees who work more than 40 hours in a workweek are entitled to ______ times their regular wages under the FLSA.
one and a half
Ch35: Someone who performs highly specialized work that depends on special abilities, education, knowledge, and experience is called a(n) ________.
professional
Discrimination may not occur during any step in the employment process, which includes _____________.
promotions outreach benefits
Under the Civil Rights Act of 1991, an employee may collect ___________ damages to punish the employer for discriminatory practices or policies.
punitive
Under the law, an employer must provide the employee with a workplace that is:
safe. sanitary.
Examples of professionals generally include all of the following, except ________________.
salesclerks
Product liability is the legal responsibility of a __________ for injury to purchasers, users, and third parties.
seller manufacturer
The Equal Pay Act of 1963 prohibits any employer from engaging in wage discrimination based on _______.
sex
At the _________ level, there are workers' compensation statutes, which pertain to how an employee may recover damages for work-related injuries and illnesses.
state
Federal and state government enact numerous __________ to reduce unreasonable risk of injury and death associated with consumer products.
statutes rules
The concept of _________ liability holds a company or person liable without the injured party proving fault.
strict
Under the Pregnancy Discrimination Act of 1978, women affected by pregnancy are classified in the same way as other employees who suffer from a(n) ________________.
temporary disability
In general, __________ may be found liable for products-related injuries caused by their products.
the entire distribution channel
The Civil Rights Act of 1964 is divided in to parts, referred to as _________.
titles
Ch34: Product defects that cause injury and property loss are often the result of negligence, called a __________.
tort
Employment contracts that limit employees' rights to bargain collectively are ________________.
unenforceable
When a financial planner's official recommendation is inconsistent with what their client wants and needs and with what the situation dictates, this is called ____________.
unsuitability
Sexual harassment is unwelcome sexual attention, whether __________ or __________.
verbal physical
Ch32: Employees who are injured in the course of their work may be covered under ________________.
workers compensation laws
The type of insurance that allows employees to recover damages for work-related injuries and illnesses is called ____________.
workers' compensation
Employment contracts are:
written
