unit 4 exam

katherine loses her ATM card while visiting her boyfriend in Boston. she doesn't realize it until she gets home to New Jersey after a week in Boston she immediately notifies the bank that she lost her card 7 days ago. how much is Katherine liable for in losses

$500

for the family and medical leave act to apply to a private business must ____ have at least ____ employees

10

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 employees must request an election?

30%

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

a agent is trying to sell a house for $100,000 for her principal. the principal will sell the house for as little as $80,000 but wants to get as much as possible. the agent tells her cousin to offer $81,000. the agents actions are

a violation of the duty of loyalty

the fair debt collection practices act restricts

abusive techniques used by debt collection agencies

Agency by estoppel means

actions by the principal lead a person to believe that the presumed agent has authority to act on the principals behalf

____ is the authority given by the principal to the agent

actual authority

a deliberate effort by an employer to remedy discriminatory practices in the hiring training and promotion

affirmative action

what is not a feature of the consumer credit protection act

all of the other choices are correct

under the fair credit reporting act a consumer reporting agency must

allow consumers to see information about them that results in their being denied credit

Barbara, a purchasing agent for UTA, was fired for good reason. being angry about her dismissal she calls one of UTAs 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

sexual harassment does not appear to include

asking a co worker to go on a date

many employers monitor the email their employees send and receive at with the courts have held that this practice is legal

because emails are being transmitted on company time and property

under the securities law liability for misstatements

can be imposed for overly optimistic statements made by executives that are not soundly grounded

if Joe an African American employer with high skin discriminates against Omar an African American employee with dark skin Omar will most likely file a discrimination claim based on

color

what is not true about the operation of the occupational safety and health act?

compliance with OSHA standards is volentary

if a person has to quit their employment because of sexual harassment it is called

constructive discharge

ms yu only hires Chinese men and women to work at her Chinese restaurant she believes that customers prefers 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

the ____ was designed to guarantee the expectations of retirement plan participants and to promote the growth of private pension plans.

employee retirement income security act

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

the agency given the power to file suit against employees and unions believed to be violating title VII of the civil rights act is the

equal employment opportunity commission

____ is the raising of funds through the sale of company stock

equity financing

the American with disabilities act applies to employers with

fifteen or more employees

workers compensation law

gives an employer immunity from employee torts suits arising from on the job

equity financing differs from debt financing in that, with equity financing a company

has no liability to repay shareholders the amount they have invested

karen has a history of drunk driving and has been convicted several times. the pizza parlor hires her as a delivery person, despite knowing her history. if Karen causes an accident while on the job because she has been drinking you would expect the courts to

hold the pizza parlor liable for negligence in hiring

denying a woman a job assignment or promotion because she is pregnant or has children is

illegal because it is a form of pregnecy discrimination

the buying or selling of stocks by a persons who have access to information affecting the value of the stock that has not been revealed to the public is called

insider trading

a power of attorney

is a document that creates an agency

an at will employee

may be dismissed at any time without reason or cause

anna hires jack to paint her house. he supplies his equipment and buys 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. which respect to agency law Anna liable for the harms jack caused tom?

no, because jack is an independent contractor

employess may required to sign as a condition of employment an agreement that they will not leave the company and go work for themselves or a competitor firm in a position that could inflict competitive injury on the employer. this is called

noncompete agreement

a tender offer takes place when

one company attempts to take over another company

comparing regulation of drugs to other countries, the us is

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

a proxy is best described as

permission by a stockholder to someone else to vote their shares a certain way

the age discrimination in employment act holds it illegal to discriminate in employment against

persons aged 40 and over

the intent of the nutrition labeling and education act is to

prevent misleading product claims

through an agency relationship, the agency becomes a representative of the:

principal

the federal agency that has the most to do with regulation of the securities market is the

securities and exchange commission

which is not a protected class under title VII

sexual orientation

applicant who want to sell a drug in the us market must

submit evidence that the drug is safe for its intended use

which of the following is not a requirement of the Drug free workplace act imposed on all companies that do more than $25000 worth of business with the federal government?

test new employees for possible drug use

under SEC rules a "publicly held company" is a company

that has issued securities that are publicly traded

if at a trial where a person has claimed employment discrimination has occurred and the employer has offered a non discriminatory rationale for what happened then

the plaintiff must show the employers reason is a pretext of excuse for illegal behavior

a principal has a duty ____ the agent for reasonable expenses incurred in carrying out the duties of the agency.

to reimburse

when liability is imposed on the principal for the unauthorized torts of an agent, it is called

vicarious liability

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 pond 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 work force