fina 2244 final exam
The cost to business of substance abuse, in lower productivity and higher medical insurance costs, is estimated to be about:
$250 billion per year
Title VII applies to employers with:
15 or more workers
For the NLRB to oversee a representation election, at least what percent of employees must request an election?
30%
About how many federal agencies share the responsibility for regulating various aspects of business activity?
50
Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:
Carl must pay agency fees, but is not supposed to have to pay fees to support political activities
Congress created the first regulatory agency in 1887. It was called the:
Interstate Commerce Commission
The federal labor code, which consists of various major pieces of legislation is generally referred to as the:
National Labor Relations Act
What is true about the operation of the Occupational Safety and Health Act?
OSHA relies on administrative warrants to inspecting worksites and OSHA fines on employers may be in the millions of dollars and OSHA has authority to issue health standards for industry
Jimmy must be at work no later than 7 AM on the days he works. Because he must hurry to get to work, he runs over a lady going across the street. She sues Jimmy and his employer for her injuries. She has:
a case against Jimmy, but no case against his employer
An employee of a company, who has good technical knowledge, is concerned that some televisions made by the company may have electrical shorts that could cause fires. Since no one in the company would address the problem, the employee provides evidence of the problem to the media and state attorney general, so consumers can be aware of the problem. If the employee is fired he is unlikely to have:
a case against the company
Lisa works for Sally. Lisa's jobs include selling the folk-art Santa Claus statutes that Sally hand-makes, as well as purchasing the wood for the statutes. In this case Lisa is:
a servant and an agent
You hire an agent to sell your house for you. Typically, such an agent receives a fee only if they actually sell the house. This person is most likely:
a special agent
a primary boycott is:
a strike against an employer whose collective bargaining agreement is in question
agency by estoppel means:
actions by the principal leads a person to believe that the presumed agent has authority to act on the principal's behalf
Which of the following is not subject to mandatory bargaining?
all are subject to mandatory bargaining
When an employer, union or employee files a labor practice complaint with the National Labor Relations Board it goes to:
an administrative law judge for resolution if the NLRB staff finds merit in the compliant
Which of the following is a provision of the Government in the Sunshine Act?
an agency action taken at a meeting in violation of the Act is invalid
A place of employment where all employees are represented by a union and most employees are union members, but non-union workers must pay fees to the union, is called:
an agency shop
A key element of an agency relationship is:
an agent's ability to transact business for the principal
a key element of an agency relationship is:
an agent's ability to transact business for the principal
Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant:
are you capable of doing the rigors demanded on this job?
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
Many companies give employees handbooks that discuss company policy and procedures. Legally, handbooks:
can create binding contractual employment obligations
Which of the following is not a duty owed by the agent to the principal:
compensation
What is not true about the operation of the Occupational Safety and Health Act?
compliance with OSHA standards is voluntary
In relation to the term "sex discrimination:"
courts have played a major role in defining the term
legal standards, in the area of drug testing, are:
different in various states
Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal:
disparate treatment
A principal has a ____ the agent for reasonable expenses incurred in carrying out the duties of the agency.
duty to reimburse
About one in ____ working-age people have, at some point, a substance-abuse problem.
eight
The National Labor Relations Board has jurisdiction over labor cases involving:
employees working for businesses where a labor dispute would affect interstate commerce and employers engaged in interstate commerce
Implied ratification of an agency occurs when the principal:
fails to object to the unauthorized activities of an agent and accepts the benefits of an unauthorized agreement with a third party
Which of the following is not a category of agents covered in the text:
foreign agent
A person authorized to execute all regular transactions connected with a business is called a:
general agent
The Worker Adjustment and Retraining Notification Act requires certain employers planning large layoffs to:
give employees and certain officials advanced notice
A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was:
improper reverse discrimination, which violates Title VII
As agency regulatory activities have expanded, agencies have relied more heavily on:
informal agency procedures
Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles:
is wrong: he has illegally discriminated
Besides regular private employers, Title VII applies to which of the following?
labor unions and employment agencies and government agencies
In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:
less protective of women and minorities
The duty of ____ requires an agent to place the principal's interests before the agent's personal interests or those of any third party:
loyalty
When federal agencies sue to enforce regulations, depending on the authority the agency has been granted by Congress, the agency:
may sue for civil penalties and may sue to withhold property and may sue for criminal penalties
An employer may legally provide differential treatment to its employees based on:
merit, seniority, or business necessity
The powers of the National Labor Relations Board include:
monitoring of unfair labor practices and determining if employees want to be represented by a union and representing the NLRB in court
The concern(s) of the National Labor Relations Board is (are):
monitoring unfair labor practices
The main purpose of the Landrum-Griffin Act is to have:
more detailed regulation of internal union affairs
Which group is not generally protected by Title VII against discrimination in employment:
non-citizens seeking employment in the US
If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a:
pretext
Title VII allows what major defenses to employment discrimination charges?
professionally developed ability tests, seniority or merit systems, and BFOQ
A right-to-work law:
prohibits agency shops in states that pass such laws and allows some employees to free-ride in the collective bargaining process and protects non-union members from having to pay agency fees
Quid pro quo sexual harassment refers to:
promising a promotion in exchange for sex
The most likely example of quid pro quo sexual harassment would be:
promoting a woman because she accepts dates with her boss
the benefits of workers' compensation do not cover:
punitive damages for gross injury
When a principal accepts the consequences of the activities of a person who had previously not been the principal's agent, the principal:
ratifies the agency
workers' compensation law:
requires employers to pay insurance premiums for injury benefits for employees and is a no-fault insurance system and is controlled by the states
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:
respondeat superior
Title VII prohibits discrimination in employment based on sex. This does not include:
sexual preferences or marital status
For an employee to have a claim under workers' compensation, the employee must show:
she received a personal injury as a result of an accident at work
federal minimum wage requirements:
started in 1938 as part of the Fair Labor Standard Act
persons appointed by an agent delegated some authority are known as:
subagents
An employer has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can:
sue up for up to 60 days back pay plus fringe benefits
During a union election, which of the following may employers say?
that unionization will have bad economic consequences for the firm and for employees
The National Labor Relations Act was enacted in parts. Which law(s) is(are) part of it?
the Landrum-Griffin Act and the Wagner Act
The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the following conditions are met except:
the agency's action was approved by its Congressional oversight committee
Critics of the current minimum-wage system argue that:
the law results in fewer low-skilled workers finding work
Which of the following would not be a factor in determining a ratification:
the third party wishes for the principal to be a party to a contract
Workers will not be protected under the NLRA if:
they engage in threats or acts of violence
Which of the following is not true about health or safety standards set by OSHA:
they must meet a cost-benefit test of effectiveness
The Supreme Court has held in several cases that unions are not to use agency fees for political purposes without permission. As a result:
unions generally ignore the law
In general, to require job applicants to pass an aptitude tests is:
valid if shown to be an accurate predictor of ability to do the job
When liability is imposed on the principal for the unauthorized torts of an agent, it is called:
vicarious liability
Carter, who had been convicted of violent crimes, was hired as an independent contractor to sell vacuum cleaners door-to-door. He assaulted a customer in her home who sued the vacuum cleaner company. You would expect the Texas high court to hold that company:
was liable for negligence in hiring
Under Title VII, officially recognized racial classes include:
whites, Native Americans, & Hispanics
Under ERISA, all employees are eligible for participation in a company's employee benefit plans if the employee:
works full time and has worked for the company for at least one year
If an employer is sued for age discrimination, which of the following defenses are not open to that employer?
younger workers are cheaper to employ than older workers
If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the:
EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer
Carla agrees to try to sell Frank's prize dog Spike for him. Carla does this as a favor to Frank because she knows many professional dog breeders. Carla may be best described as:
a gratuitous agent
If a dispute between an employer and the union representing workers cannot be resolved by the standard internal grievance procedure, then most collective bargaining agreements call for the dispute to go to:
an outside labor arbitrator
Barbara, a purchasing agent for UTA, was fired for good reason. Being angry about her dismissal, she calls one of UTA's suppliers and orders 1,000 purple widgets UTA does not need. If UTA, the principal, is held liable for this transaction, it is because Barbara had:
apparent authority
The principal is possibly liable for the torts of the agent if the agent's tort was:
authorized by the principal or an unauthorized intentional tort within the scope of the agent's employment
A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are:
available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act
Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal:
because e-mails are being transmitted on company time and property.
Mandatory vesting under ERISA means that an employee:
becomes the owner of his retirement benefits
If a company manager expressly tells an employee that she could not be fired without good cause, but then fires her for no particular cause, the employee may have a suit for wrongful termination most likely based on the theory of:
breach of implied contract
an agency may be established by:
operation of law or by oral agreement of the parties or by written agreement of the parties
Which of the following is not an unfair labor practice by a union:
ordering workers to go on strike when a collective bargaining agreement is not reached
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)
An agency relationship normally involves the use of an agent to represent a principal in dealing with which of the following:
third parties
a primary boycott:
a strike against an employer whose collective bargaining agreement is in question
fiduciary duties include:
accounting, notification, performance, loyalty and reasonable care
A factor courts may consider in determining whether an act was within the course and scope of employment under vicarious liability is, was the:
act of the same general nature of those authorized by the principal and agent authorized to be in the location at the time the act occurred and agent serving or attempting to serve the principal's interests at the time of the tort
Collective bargaining refers to the process by which the:
employer and the union negotiate an employment contract
Under federal immigration law all:
employers must collect evidence of citizenship or of legal work status for all employees
Anna hires Jack to paint her house. He supplies his equipment and buys the paint for which he will be paid by Anna. One day while Jack is painting Anna invites Tom for lunch. As Tom is walking into the house Jack accidentally drops a can of paint on his head. With respect to agency law, is Anna liable for the harms Jack causes Tom?
no, because Jack is an independent contractor
The duty of an agent not to mix personal funds with the funds of the principal is the duty:
none of the other choices, unless instructed not to do this
Violations of the Equal Pay Act can result in what corrective action? Employees:
paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs and paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer
Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be?
picking nurses on the basis of race in hospitals that have mostly black or white patients
Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation?
refusing to hire a job applicant because an assembly line for automobiles cannot accommodate workers in wheelchairs
A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will:
win because there is a business necessity that produces the all male workforce
A woman has a difficult time with her pregnancy. She uses up all her leave time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off:
without pay under the Family and Medical Leave Act
