Chapters 14, 15, 16, 17, and 18

the owner of an LLC is called

a member

today, most states follow the UPA and treat a partnership

as an entity

kay and leo from metro delivery Inc. Responsibility for all policymaking decisions necessary to the management of a corporate affairs rests with Metro's

board of directors

express authority must be in writing

false

in states that require a minimum wage that is higher than the specified federal minimum wage, employees are entitled only the lower federal amount

false

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

title VII of the civil rights act applies to employers and labor unions with at least

15 employees or members

IVy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

Ivy, Jerold, and Kim

neva is a partner in orchard farm. neva gives notice to quit the farm, which otherwise continues to do busienss. this is

WRONG dissolution

for an employer to be held liable for a supervisor's sexual harassment, the supervisor normally must have taken ____ against the employee.

WRONG legal action

a hybrid form of business enterprise that offers the limited liability of the corporation and the tax advantages of a partnership is

WRONG partnership

Steel Mill Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel must do all of the following except

WRONG pay employees higher wages for working in more dangerous areas

parker (i.e., the principal) orally asks austin (i.e., the agent) to sell a ranch that parker owns. austin finds a buyer and signs a sales contract on behalf of parker to sell the ranch. which rule applies here?

WRONG power of attorney

integrated devices, inc., is a private, for-profit corporation that is owned by seven shareholders who are members of the fame family. integrated is

a close corporation

a business entity that has no tax liability because the entity's income is passed through to the owners, who pay taxes on its

a pass-through entity

don is a shareholder of energy renew inc. when the directors fail to undertake an action to redress a wrong suffered by the firm, don files a suit on its behalf. don's suit is

a shareholder's derivative suit

when the principal, bu either words or actions, causes a third party to reasonably believe that an agent has authority to act, even though the agent has no express or implied authority, this is considered

apparent authority

brad is a shareholder of cloud servers Inc. he will be deemed to have a fiduciary duty to Cloud and its minority shareholders if he has a sufficient number of shares to

exercise actual control over the corporation

an S corporation must have no more than fifty shareholders

false

an eligible employee may take unpaid leave under the family and medical leave act for family or medical reasons, an in certain situations that arise from military service

false

most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation

false

assembly corporation 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 persons not authorized to work in the united states

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

gil and hera are employees of IT Solutions INC under the equal pay act, IT solutions can legitimately pay different wages to male and female employees on the basis of

merit

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

reimbursement

a written agreement that sets forth each partner's rights and obligations with respect to the partnership is called

the articles of partnership

ben is a director of creation corporation, an architectural firm. without informing creation, ben goes into business with design, inc., a creation competitor. ben is liable for breach of

the duty of loyalty

compliance with Title VII of the civil rights Act is monitored by

the equal employment opportunity commission

rena establishes and operates Sweet Homes, a construction-contracting outfit, as a sole proprietorship. in the course of doing business, the outfit fails to pay some of its debts. To satisfy the obligations, the firm's creditors can go after

the firm's assets and the owner's personal assets

a fiduciary is a person who undertakes a certain enterprise on behalf of another person

true

the primary document needed to incorporate a business is the articles of incorporation because the articles serve as a primary source of authority for the firm's organization and functions

true

bob works for ABC corporation and is a practicing Muslim. He tells his employer that he must have off every Saturday for religious reasons. Saturday is their busiest day. In order for ABC to be able to terminate Bob, they must

WRONG prove that ABC corporation is not a religious organization

dissolution of a partnership can be brought about by

all of these choices the acts of the partnership operation of law judicial decree

based on nan's conduct, odel reasonably believes that poppy has the authority to act on nan's behalf even though poppy does not have the actual authority to do so. in this circumstance, poppy has

apparant authority

the corporation's internal rules of management are the

bylaws

beal, 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 discriminatory effect. if so, this is

desparate-impact discrimination

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

a corporation formed in one state and doing business in another is referred to as a

foreign corporation

flower workers union represents the employees of garden variety INC. the company requires its new hires to join the union as a prerequisite to obtaining employment. this most likely violates

taft-hartley act

the employees of beverage bottling company designate cola cappers union as their bargaining representative. beverage refuses to bargain with the union. this most likely violates

the national labor relations act

a truck driver who drives a company truck on a regular basis is most likely an employee

true

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

an employer can possibly avoid liability for sexual harassment by taking prompt remedial action

true

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

true

private employers are generally free to hire and fire workers at will

true

starting a sole proprietorship is easier and less costly than starting any other kind of business

true

the most important factor the irs uses to determine worker status is the degree of control the business exercises over the worker

true

when a shareholder commingles personal and corporate interests so that the firm has no separate identity, the shareholder may be held liable for the firm's debts

true

winding up is the process of collecting, liquidating, and distributing the partnership assets

true

a key provision of erisa concerns ____, which gives an employee a legal right to receive pension benefits at some future date when the employee stops working

vesting