mgmt 217

The Electronic Fund Transfer Act concerns liability limits for stolen ATM cards. Which statement is correct about maximum consumer liability

$50 if the financial institution is notified within 2 days

The Family and Medical Leave Act gives employees the right to take

12 weeks of unpaid leave per year for health and family-related reasons.

For the NLRB to oversee a representation election, at least what percent of emploees must request an election

30%

A limited liability company

A and B

A partnership can begin with

A, B, and C

If a consumer's application for credit is denied, the creditor must provide written notice to the consumer containing what information?

A, B, and C

The Federal Trade Commision regulates

A, B, and C

The average cost of developing a new drug and clearing all FDA regulations to get the drug to market are

About $500 million and are paid by the drug companies

Which of the following is not a function of the Food and Drug Administration

All of the above are functions of the FDA

A consumer buys living room furniture. The store gives the consumer $2,000 credit to be paid back over two years. The store falls to disclose the interest rate that it charges for credit. Under the Truth-in-Lending Act, the store is wrong for not listing the interest

And may have to pay the consumer up to $1,000 (civil damages) plus attorney fees

Disparate treatment (under Title VII) refers to

B and C

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 in court.

In the absence of a contrary agreement, a general partner's share of the partnership profits is determined by

Each general partner shares equally in the profits

In Whirlpool v. Marshall, employees refused to perform work on a screen suspended twenty feet over the floor of a manufacturing plant. The employees were punished by their employer. The Supreme Court ruled that under OSHA

Employees may refuse to obey orders that pose an immanent risk of death or serious injury

Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white customers, and Hispanic salespersons to Hispanic clients. This makes revenues to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are

Illegal segregation under Title VII

Which of the following is not a feature of the Fair Credit Billing Act

Maximum liability for unauthorized charges is $100 if the creditor is notified

Comparing regulation of drugs to other countries, the U.S. is

One of the strictest nations and has great impact on the world market

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

The "Mail Order Rule" states that if a company

Sells products through the mail it must have a reasonable basis for expecting to ship the products within the time advertised

To create a corporation

The corporation's articles of incorporation are filed with the appropriate officer of the state

Which of the following is not part of the FTC policy statement for determining if a practice is deceptive

There is proximate cause between the deception and the losses suffered by consumers who are misled

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

a, b, and c

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate

age discrimination laws since "young" is probably not over the age of 40.

Mandatory subjects which Congress requires unions and management to bargain in good faith concerning include:

all of the above

Unless otherwise stated by contact, the law of partnership presumes which of the following not to be true?

all of the above

Which of the following is not a procedural requirement for judicial review of an agency's action

all of the above

Which of the following is not a right guaranteed to workers by the National Labor Relations Act?

all of the above

The food and drug administration does not have which of the following powers:

all of the above are FDA powers

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

Which of the following is not prohibited employer conduct by the NLRA

beating of union organizers

You want to open a Playboy Club in DeKalb. You place an advertisement in the newspaper seeking only women as Bunnies. A man with great legs and a winning smile applies for the job but you reject him because of his sex. He sues. Your best defense would be;

bona fide occupational qualification

Dissolution of a partnership takes place, unless otherwise provided for by contract, in the following instances except

change in financial condition of a partner

Which of the following was not outlawed by the Taft-Hartley Act?

company unions

The Fair Debt Collection Practices Act applies to

debt collection agencies

The city of Iowa requires a college degree to qualify for being a city bus driver. Statistics show that 28% of the blacks and 85% of the whites in the metropolitan area and surrounding county have college degrees. John, a black male without a college degree, applies for the job but is rejected because of the diploma requirement. He sues. On the basis of just the facts given, which is the most likely result?

discrimination because of the disparate impact

A principal's duties toward an agent do not include

duty of obedience

An agent's duties do not include

duty to reimburse

An employer is liable for the torts of an independent contractor he has hired.

false

It is necessary to demonstrate that employer's negligence in order to recover for a workplace injury under workman's compensation

false

The Age Discrimination in Employment Act permits the mandatory retirement of most employees at age 75

false

Under the requirement of good-faith bargaining, both parties are required to come to an agreement despite their differences

false

The workers at a meat packing plant are on strike. They picket the banks in town to put pressure on the meat packing plant to come to a settlement. The pickets at the banks are

illegal secondary boycotts

Which of the following sanctions (punishments) cannot be imposed by an administrative agency after an adequate hearing?

jail time

In a formal adjudicatory hearing, which of the following due process requirements is not required or permitted

jury trial

The business organization that has at least one general partner and other investors who have limited liability is a

limited partnership

The Environmental Protection Agency (EPA) wants to establish a list of air pollutants and make rules defining their permissible levels. These rules would be characterized as

more than one of the above

To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of employees. Employers are required to incur

no more than minimal expenses to accommodate an employee's religious requirements

41. The Truth-in-Lending Act applies to which of the following transactions?

none of the above

A collective bargaining agreement ends and the union and management continue to bargain for a new contract while the workers go on strike. Management hires new workers to replace the union workers on strike. By law, when the strike ends

none of the above are true

Which of the following is always required when an administrative agency makes legislative/substantive rules

notice and comment

A ___________ is an association of two or more persons to carry on a business as co-owners for profit

partnership

A promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called:

quid pro quo harassment

Suppose a debt collector has been calling and selling notices of debt you owe. If you wish to end further notification from the debt collector, you must

send the debt collector a letter requesting they stop contact

Which of the following are afforded limited liability for the debts and torts of a business

shareholders

A "right-to-work" law eliminates union shops

true

A contract between a principal and an agent establishing an agency relationship not need be in writing nor need it be supported by consideration

true

Agents who commit torts during the course of employment are nonetheless liable for that tort even though they were directed to do the tort by their principal.

true

Agents who sign a contract beyond their actually authority are personally liable on the contract

true

An agent is personally liable on a contract she enters into with a third party on behalf of an undisclosed principal unless the third party elects to hold the principal liable

true

An agent may create apparent authority by assuring a third party of his authority to perform contractual acts on behalf of his principal

true

Death of either the principal or the agent terminates the agency by operation of law.

true

If Drugs-R-Us agrees to settle a complaint that the company engaged in deceptive advertising, the agreement is called a consent decree

true

If it is shown that an employment qualification rule, practice or device has a discriminatory impact, the employer must persuade the court that the practice has a manifest relationship to job performance and is a business necessity

true

If not otherwise agreed, either a principal or an agent may terminate an agency relationship at-will

true

If the court "pierces the corporate veil" shareholder(s) have unlimited personal liability for coporate debts.

true

In a few situations, such as modeling clothing, and employer may discriminate on the basis of race as a bona fide occupational qualification

true

In cases of affirmative action, the courts have held that discrimination in favor of qualified women or minority workers may be legal

true

Independent contractors are one type of employee

true

It is likely that a company has the legal right to require the passing of a drug test as a part of a pre-employment screening

true

It is not necessary that an employer alter an employee's tangible job benefits (hours, overtime, office, wages, etc.) for that employer to be liable for sexual harassment

true

Limited liability companies are taxed like partnerships, but have the liability rules of a corporation

true

The Americans With Disabilities Act requires employers to make reasonable accommodations for employees with disabilities

true

The Norris-Laguradia Act generally prohibits federal court injunctions in labor disputes

true

The Taft-Hartley Act was an "anti-union" statute

true

The purpose of the Landrum-Griffin Act was primarily to regulate internal affairs between union management and union membership

true