bus law final

the americans with disability act applies to workplaces with at least

15 workers

authorization card

a card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management

employment at will

a common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless it would violate a contract or statute

mechanical engineering inc may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

a company supervisor

darla serves in a representative capacity for ellen's botanicals. to accomplish the objective of this relationship, darla's authority can be implied by

a custom

business necessity

a defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against memebers of a protected class is related to job performance

delegation doctrine

a doctrine based on the us constituion, which has been construed to allow congress to delegate some of its power to make and implement laws to administrative agencies

respondeat superior

a doctrine under which a principal or employer is held liable for the wronful acts committed by agents or employees while acting within the course and scope of their agency or employment

a failure of the federal burea of investigation to comply with a request under the freedom of information act many be challenged in

a federal district court

limited liability company

a hybrid business form that combines the limited liabilty aspects of a corportaiton and the tax advantages of a partnership

limited liabilty partnership

a hybrid form of business organization that is used mainly by professionals who normally do business in a partnership

partnership by estoppel

a partnership imposed by a court when nonpartners have held themselves out to be partners or have allowed themselves to be held out as partners and others have detrimentally relied on their misrepresentaitons

pass through entity

a partnership is one that has no tax liability

agency by ratification

a party's act of accepting or giving legal force to a contract or other obligation entered into on his or her behalf by another that previously was not enforceable

member

a person who has an ownership interest in a limited liabilty compnay

adjudication

a proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation

franchisee

a purchaser of a franchise is generally legalyy independent of the franchisor (the seller of the franchise)

equal dignity rule

a rule requiring that an agent's authority be in writing if the contract to be made on behalf of the principal must be in writing

retail stores inc pays taxes by the appropiate state agencies. like other state administrative agencie, these agencies were created by

a state legislature, through an enabling act

seniority system

a system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off in the workforce must be reduced

constructive discharge

a termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave

dona, a fifty five year old member of a racial minority with a disability, believes that is a victim of employment discrimination. potentially the most widespread form of discrimination is based on

age

the uniformed services employment and reemployment right act supplies to

all the choices

strike

an action undertaken by unionized workers when collective bargaining fails

interpretive rule

an administrative agency rule that explains how the agency interprets and intends to apply the statues it enforces

rosa introdues 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

legislative rule

an agministrative agency rule that carries the same weight as a congressionally enacted statute

operating agreement

an agreement in which the member sof a limited liabilty compnay set forth the detail of how the business will be managed and operated

franchise

an arrangement in which the owner of intellectual property liscencses others to use it in the selling of goods or services

nora works at oil and gas inc. she is a sales rep who works with oil and gas customers. the company closely supervises its sales reps and dictates their schedules. with respect to third parties, nora is

an employee and agent

orin works at pumps inc. he works in the company's engineering department, interacting with third parties only to discuss technical issues. with respect to third parties, orin is

an employee only

whistleblowing

an employee's disclosure to government authorities, upper-level managers, or the media that the employer is engaged in unsafe or illegal activities

wrongful discharge

an employer's termination of an employee's employment in violation of the law or an employment contract

bona fide occupational qualification

an identifiable characteristic reasonably necessary to the normal operation of a particular business. such characteristics can inclue gender, national origin, and religion, but not race.

bhat and cho do business as day glow paints, a partnership. in most states, for the purposes of collecting judgements and having accounting performed, this firm would be treated as

an independent entity

games inc employs four hundred workers at three locations in three states. workers who lose their jobs with games have a right to continued health-care coverage under the company's group plan unless they

are fired for gross misconduct

apparent authority

authority that is only apparent, not real

power of attorney

authorization for another to act as one's agent or attorney either in specified circumstances (special) or in all situations (general)

bob buys a club fitness inc, franchise, which the franchisor later terminates. in determinig whether the termination was proper,a court will generally

balance the rights of both parties

articles of partnership

can include any terms that the parties wish, unless the terms are illegal or contrary to public policy or statute

a member of a protected class, applies for a job with coffee brew corporation,but fails the company's employment test and is not hired. beal believes that the test has an unintentionally discrimitory effect. if so, this is

disparate impact discrimination

giso applies fora job with hobby company. the employer does not hire him because of his ethinicity, or national origin. this is

disparate treatment discrimination

baristas union petitions the national labor relations board for an election on organizing a union among the employees of coffee cafe company. for an election to be held, the union must represent

employees whose skills, duties, and pay are similar

federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

gender

permanent resident card

green card to legally work in the us

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 establisha prima facie case of employment discrimination, oren must show that

he is a member of a protected class

administrative agencies can conduct searches without warrants in

highly regulated industries

the financial stability oversight council was created in response to a financial crisis to

identify and respond to emerging risks in the financial system

joint liabilty of partners

in partnership law, the partners' shared liability for partnership obligations and debts, a third party must sue all of the partners as a group, but each partner can be held liable for the full amount

jon contracts with kino to buy a certain number of sheep for kino's animal farm. jon makes a deal with lila for the sheep, but neither jon nor kino pays the price. lila sues jon for breach. jon's right to hold kino liable for any damages is the right to

indemnification

the purpose of state workers' compensation laws is to establish an administrative process for compensating workers for

injuries that arise in the course of employment regardless of fault

winding up

is the actual process of collecting, liquidating, and distributing the partnership assets

affirmative action

job-hiring policies that give special consideration to members of protected classes in aneffort to overcome present effects of past discrimination

liited partnership

limits the liability of some of its owners. it consitsts of at least one general partner and one or more limited partners

esports inc offers entrepreneurs the opportunity to operate a franchise under the esports trade name as the owner of a game-playing venue. to possible franchisees, esports makes earnings claims. for those claims, the franchisor

must have a reasonable basis

investment corporation wants to monitor business communications on phones that the employer provides to the employees. the employer's best course of action to avoid liabilty under laws related to employee monitoring is to inform

no one

brea and collin do business as dig exavators. in acting on the firm's behalf. brea makes an honest error in underestimating the cost of a certain project. in this situation, to her firm, brea is liable for a breach of the duty of

none of the choices

deb and elle are partners in foundations, a counseling clinic. deb manages the business. for this service, unless the partnership agreement states otherwise, she is entitled to pay in proportion to her

none of the choices

disassociation

occurs when a partner ceases to be associated in the carrying on of the partnership business

disparate treatment discrimination

occurs when an employer intentionally discriminates against employees who are members of protected classes

disparate impact discrimination

occurs when certain employer practices or procedures are not discriminatory on their face but have a discriminatory effect

independent contractor

one who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer; an independent contractor is not an employee but may be an agent

independent regulatoy agencies such as the federal communications comission are

outside the federal executive departments

the federal trade comission act granted the federal trade comission the power to

prevent businesses from engaging in unfair trade practices

ruby is interested in buying a franchise from snax stores inc. this transaction, like other franchise deals is regulated to protect

prosepective franchisees from dishonest franchisors

the securities and exchange comission decides to create a new rule relating to the dissemination of material nonpublic informatin through social media. the first step is

publish a notice of the proposed rulemaking

olive is a supervisor for pasta, a restaurant. qua is a pasta employee. the owner annoounces that some employees will be discharged. olive tells qua that for sexual favors, she will give him an excellent performance review and recommend a raise. this is

quid pro quo harrassment

suva is an agent for tax accountants, inc. on the firm's behalf and at its request, suva pays uzo for specifically coded software. suva's rights to obtain the amount of the payment from tax accountants arises under the duty of

reimbursement

agency

relationship between two parties, one of the parties, called the agent, agrees to represent or act for the other, called the principal

fara hires gil, a real estate broker, to act as her agent to sell her land for 150000. before the land is sood at the stated price. oil is discovered beneath it, causing its market value to increase considerably. the agreement between fara and gill is likely

terminated by operation of law

rulemaking

the actions of administrative agencies when formally adopting new regulations or amending old oones

sexual harassment

the demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment

articles of organization

the document filed with a designated state offical by which a limited liabilty company is formed

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

dissolution

the formal disbanding of a partnership or a corporation

retail company is located in seattle washington, where the city and state have minimum wage laws. retail pays its starting employees the legal mininum rate, which among the governing laws is

the highest minimum wage

joint and several liability

the option of a third party to sue all of the partners together or one or more the the partners seperately

under the equity pay act, an employer can legitimately pay different wages to male and femable employees on the basis of

the primary duties of the jobs

administrative process

the procedure used by administrative agencies in the administration of law

collective bargaining

the process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions

employlment verification

the process of verifying the employment eligibility and identity of a new worker

notice and comment ruemaking involes a period during which

the public is asked to comment on a proposed rule

the food and drug administration wants pharma inc to produce certain records for review. pharma need not reveal

trade secrets