B-Law II ch 42 and 43
application of section 1 - tying arrangement
conditioning a sale of a desired product (tying product) on the buyers' purchasing a second product (tied product); per se illegal if the seller has considerable power in the tying product or affects a more than insubstantial amount of interstate commerce in the tied product
Ace Refinery desired a workplace free from all forms of sexual harassment. Accordingly, Ace developed guidelines for its workers that specifically forbade sexual harassment. The guidelines gave examples of conduct that would not be tolerated, provided penalties, designated a company official as the proper person to whom complaints should be brought, investigated complaints thoroughly, and maintained an educational policy designed to remind employees of the policy. Maxine, an Ace Refinery employee, made a complaint of sexual harassment, charging that her supervisor had demanded sexual favors. An investigation was performed and the charge was substantiated. The supervisor was warned not to continue this conduct, but it happened again. The supervisor was again issued a warning. Finally, Maxine brought a court action against the supervisor and Ace. Will Maxine win? a. Yes, the company should have reassigned Maxine to a different department. b. No, she will not win because Maxine should have changed jobs. c. No, she will not win because Ace did all in their power to stop the harassment. d. Yes, the company failed to appropriately discipline the supervisor
d
Failure to comply with Section 1 or 2 of the Sherman Act: a. is a felony and can result in imprisonment. b. may subject an individual to a fine of up to $1 million per violation. c. may subject a corporation to a fine of $100 million per violation. d. All of the above.
d
Liability for __________ is based on proving that the employer's decision was motivated by a protected characteristic or trait used in making an employment decision a. disparate impact b. affirmative action c. reverse discrimination d. disparate treatment
d
Mimi applies for a job as an administrative assistant at an engineering firm. If she is denied a job because she is of Asian origin, she is a victim of a. direct-treatment discrimination. b. primary-treatment discrimination. c. disparate-impact discrimination. d. disparate-treatment discrimination.
d
Once an employee has been employed by a covered employer for at least 12 months and have worked at least 1250 hours during the 12-month period preceding the leave, they are eligible for how many weeks of unpaid leave during any 12 month period? a. 6 weeks. b. 9 weeks. c. 4 weeks. d. 12 weeks.
d
Rock Industries hired virtually all of its employees from Star High School, which was overwhelmingly white in its racial makeup. Accordingly, there were virtually no nonwhite employees employed by Rock Industries. The work that these employees performed was work that any reasonably capable high school graduate could do. When organizations representing nonwhites questioned the policy, the personnel director indicated that Star High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against nonwhites. Is this a violation of Title VII of the Civil Rights Act? a. No, the employer has a right to select the employees as they see fit. b. No, the law was not intended to discriminate. c. Yes, hiring from Star High School is a business necessity. d. Yes, this apparently neutral policy has a disparate impact on a protected group.
d
Sergio lives in an area with a high percentage of Hispanic workers. Many of the workers are legal immigrants, but have none to minimal college education. If, Sergio applies for a job with a company,he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test and do not receive offers of employment, the employer most likely: a. might be engaged in disparate-harm discrimination. b. has no legal liability. c. might have violated the Americans with Disabilities Act (ADA). d. might be engaged in disparate-impact discrimination.
d
The 2010 Horizontal Merger Guidelines: a. were issued by the Justice Department to be additional to the FTC's separate guidelines. b. require a mechanical application; in order to reduce the previously used analytic framework, which was far too subjective and uncertain. c. rejects use of the Herfindahl-Hirschman Index. d. clarify that merger analysis does not use a single methodology. e. None of the above.
d
The Age Discrimination in Employment Act forbids discrimination by employers, unions, and employment agencies against persons over 40 years of age, and prohibits discrimination in: a. hiring. b. firing. c. compensating. d. All of these are correct.
d
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act to: a. require employers to treat pregnancy as other disabilities are treated. b. require women disabled by pregnancy to be provided with the same benefits as other disabled workers. c. protect job reinstatement rights of women returning from maternity leave. d. All of these are correct.
d
The common law traditionally: a. favored competition. b. held that contracts in restraint of trade are illegal and unenforceable. c. favored concentrations of economic power in the form of trusts and combinations. d. Both (a) and (b).
d
The concerted action requirement of the Sherman Act Section 1: a. may be established by an express agreement. b. is not met when a parent corporation and its wholly owned subsidiaries agree to a restraint in trade. c. requires factors, additional to conscious parallelism, such as identical sealed bids from each competitor. d. All of the above
d
The definition of price-fixing includes agreements that may, among other things: a. depress prices. b. stabilize prices. c. raise prices. d. All of the above.
d
The definition of sexual harassment includes: a.unwelcome sexual advances. b.a single request for a date by a supervisor. c.continued verbal conduct of a sexual nature that interferes with an individual's work performance. d.both unwelcome sexual advances and continued verbal conduct of a sexual nature that interferes with an individual's work performance.
d
Three of the airline companies agree that they will not go any lower than $100 each way for coast-to-coast tickets. This is: a. vertical price maintenance. b. a horizontal group boycott. c. vertical market allocation. d. horizontal price fixing.
d
To determine "market share" requires knowledge of which of the following? a. What other products are substitutable for the product. b. Where the product is sold. c. How much of the product is sold. d. All of the above
d
group boycotts may be: a. defined as two or more firms agreeing not to deal with a third party b. illegal per se or subject to the rule of reason c. also called concerted refusals to deal d. all of these
d
under the Robinson-Patman Act: a. predatory pricing schemes are prohibited b. liability may be imposed on the buyer as well as the seller c. sellers may not grant discounts to buyers unless the seller offers the same discounts to all other purchasers on proportionately equal terms d. all of these are true
d
which of the following statements is true regarding the Clayton Act? a. it was enacted in 1994 b. it weakens the Sherman Act c. it provides for civil and criminal actions d. it exempts labor, agricultural, and horticultural organizations from all antitrust laws
d
application of section 1 - market allocation
division of markets by customer type, geography, or products; horizontal agreements are per se illegal, while vertical agreements are judge by the rule of reason standard
Sarreno Cheese Co. supplies mozzarella cheese to pizza restaurants at $1.70 per pound. In order to snare the business of one large pizza chain, Sarreno offers to sell them cheese at $1.45 per pound. This will violate the Robinson-Patman Act unless: a. the pizza chain can already get the cheese for $1.45 elsewhere. b. Sarreno can show its price is justified because of a cost savings based on quantity. c. Sarreno lowers the price to all its customers. d. Two of the above, (b) and (c). e. Any of the above.
e
occupational safety and health act
enacted to ensure workers a safe and healthful work environment
equal employment opportunity commission (EEOC)
enforcement agency for the civil rights act
comparable worth
equal pay for jobs that are of equal value to the emplyer
Norris-LaGuardia Act
established as U.S. policy the full freedom of labor to form labor unions without employer interference and withdrew from the federal courts the power to issue injunctions in nonviolent labor disputes (any controversy concerning terms or conditions of employment or union representation)
A secondary-line injury to competition occurs when the recipient of a favored price passes the benefits of the lower price on to the next level of distribution.
false
All price discrimination is illegal under the Robinson-Patman Act.
false
All tying arrangements are per se illegal.
false
An agreement between a manufacturer and a wholesaler is horizontal.
false
Failure to comply with Section 1, but not Section 2, of the Sherman Act is a criminal violation.
false
Group boycotts are not prohibited by the Sherman Act.
false
If a wholesale manufacturer gets a retail outlet for its goods through merger, this is a horizontal merger.
false
It is per se illegal under the Sherman Act for sellers to agree to a maximum price, but not a minimum price.
false
Like the Sherman Act, Section 3 of the Clayton Act applies only to practices involving commodities, not to those that involve services, intangibles, or land.
false
Monopoly power is tested by determining how big the corporation is in terms of total assets.
false
Section 1 of the Sherman Act does not prohibit concerted action.
false
Section 1 of the Sherman Act outlaws monopolies and attempts to monopolize
false
Section 2 of the Sherman Act prohibits contracts, combinations, and conspiracies that restrain trade.
false
The Age Discrimination in Employment Act (ADEA) prevents an employer from favoring an older employee over a younger employee.
false
The Civil Rights Act of 1991 limits the amount of damages that may be recovered based on racial discrimination.
false
The Clayton Act weakened the Sherman Act by eliminating illegal acts that had previously been prohibited.
false
The Federal Trade Commission was created by the Sherman Act and its powers are limited to preventing unfair methods of competition as set forth in the Sherman Act.
false
The Robinson-Patman Act adds to the Clayton Act merger provisions.
false
The U.S. Supreme Court has ruled that sex discrimination based on same-sex harassment is not actionable under Title VII.
false
The main goal of antitrust regulation is to prevent competitive behavior among firms
false
the "rule of reason" is an inflexible standard under which the courts only look to whether there is any evidence of a restraint of trade
false
the economic community is best served in normal times by an uncompetitive marketplace
false
worker adjustment and retraining notification act
federal statute that requires an employer to provide sixty days' advance notice of a plant closing or mass layoff
social security
measures by which the government provides economic assistance to disabled or retired employees and their dependents
horizontal merger
one company's acquisition of a competing company
Robinson-Patman Act - injury
plaintiff may prove injury to competitors of the seller (primary-line injury), to competitors of other buyers (secondary-line injury), or to purchasers from other secondary-line sellers (tertiary-line injury)
discrimination
prohibited by the act; includes (1) using proscribed criteria to produce disparate treatment, (2) engaging in nondiscriminatory conduct that perpetuates past discrimination, and (3) adopting neutral rules that have a disparate impact
Clayton Act - merger
prohibited if it tends to create a monopoly or may substantially lessen competition
Clayton Act - tying arrangement
prohibited if it tends to create a monopoly or may substantially lessen competition
equal pay act
prohibits an employer from discriminating between employees on the basis of gender by paying unequal wages for the same work
executive order
prohibits discrimination by federal contractors on the basis of race, color, gender, religion, or national origin on any work the contractors perform during the period of the federal contract
age discrimination in employment act
prohibits discrimination on the basis of age in hiring, firing, or compensating
Civil Rights Act of 1964
prohibits employment discrimination on the basis of race, color, gender, religion, or national origin
fair labor standards act
regulates the employment of child labor outside of agriculture
monopolization
requires market power (ability to control or exclude others from the marketplace) plus either the unfair attainment of the power or the abuse of such power
family and medical leave act of 1993
requires some employers to grant employees leave for serious health conditions or certain other events
sherman antitrust act - monopolies
section 2 prohibits monopolization, attempts to monopolize, and conspiracies to monopolize
disability law
several federal acts, including the Americans with Disabilities Act, provide assistance to the disabled in obtaining rehabilitation training, access to public facilities, and employment
attempt to monopolize
specific intent to monopolize, plus a dangerous probability of success
rule of reason
standard that balances the anticompetitive effects against the procompetitive effects of the restraint
employee termination at will - limitations
statutory limitations - have been enacted by the federal government and some states judicial limitations - based on contract law, tort law, or public policy limitations imposed by union contract
Robinson-Patman Act - price discrimination
the Act prohibits buyers from inducing or sellers from giving different prices to buyers of commodities of similar grade and quality
conglomerate merger
the acquisition of a company that is not a competitor, customer, or supplier
affirmative action
the active recruitment of a designated group of applicants
federal trade commission act - purpose
to prevent unfair methods of competition and unfair or deceptive practices
labor law purpose
to provide the general framework in which management and labor negotiate terms of employment
Clayton Act - sanctions
treble damages
sherman antitrust act - sanctions
treble damages (three times actual loss) criminal penalties
A "Vertical Restraint Index" is a measure of relative market share.
true
A restraint of trade may be classified as either horizontal or vertical.
true
Any violation of Section 2 of the Sherman Act constituting a conspiracy to monopolize would also constitute a violation of Section 1.
true
Characterizing a type of restraint as per se illegal significantly affects the prosecution of an antitrust suit.
true
Horizontal market allocations are illegal per se, while vertical market allocations are subject to the rule of reason test.
true
If United Widgets lowers its price to all buyers of 10 or more widgets because it costs United less to sell that quantity, it is not a violation of the Robinson-Patman Act.
true
In 1992 Horizontal Merger Guidelines were jointly issued by the Justice Department and the Federal Trade Commission
true
One person or business by itself cannot violate Section 1 of the Sherman Act.
true
Regarding Section 2 of the Sherman Act, the standard test applied by the courts requires proof of a specific intent to monopolize plus a dangerous probability of success; however, this test neither defines "intent" nor gives a standard of power by which to measure "success."
true
Some group boycotts are illegal per se while others are subject to the rule of reason.
true
The "rule of reason" requires the courts to balance the anticompetitive effects of behavior in restraint of trade with its positive effects on competition.
true
The Clayton Act exempts labor, agricultural, and horticultural organizations from all antitrust laws.
true
The Federal Trade Commission may issue a cease and desist order having the effect of an injunction.
true
The National Cooperative Research Act was passed to facilitate the use of joint ventures for joint research and development.
true
The common law covering employment relationships has been supplemented primarily by federal statutes.
true
The principal objective of antitrust law governing mergers is to maintain competition
true
To find a violation of Section 2 of the Sherman Act, if sufficient monopoly power has been proved, the law must then show that the firm has engaged in unfair conduct.
true
Under the 2004 amendments, corporate offenders who violate Sections 1 or 2 of the Sherman Act face fines of up to $100 million per violation.
true
Under the 2004 amendments, individuals who violate the Sherman Antitrust Act, Sections 1 or 2, may be imprisoned for ten years and fined up to $1 million.
true
Under the Sherman Act, price fixing is the primary and most serious example of a per se violation
true
When the per se approach is inappropriate in a Section 1 Sherman Act case but the challenged conduct has obvious anticompetitive effects, courts may use an intermediate test which is a "quick look" rule of reason analysis.
true
the Sherman, Clayton, and Robinson-Patman Acts all allow injured parties to recover treble damages in civil action
true
the courts have interpreted the Sherman act as prohibiting contracts that unreasonably restrain trade
true
the justice department has expanded its enforcement policy of the sherman act to cover foreign companies' conduct that harms U.S. exports
true
the validity, under antitrust law, of a joint venture depends on the competitors' purpose in forming it
true
under the Clayton Act, private parties can bring civil actions in federal court for treble damages and attorneys' fees
true
employee termination at will
under the common law, a contract of employment for other than a definite term is terminable at will by either party
Robinson-Patman Act - defenses
(1) cost justification, (2) meeting competition, and (3) functional discounts
Labor-Management Relations Act
- prohibits unfair union practices (the act identifies seven unfair labor practices by a union) - prohibits closed shops (agreement that mandates than an employer can hire only union members) - allows union shops (an employer can hire nonunion members, but the employee must join the union)
horizontal restraints
Agreements among competitors
employee privacy
Drug and Alcohol Testing - some states either prohibit such tests or prescribe certain scientific and procedural safeguards Lie Detector Tests - federal statute prohibits private employers from requiring employees or prospective employees to take such tests
Sherman Antitrust Act - restraint of trade
Section 1 prohibits contracts, combinations, and conspiracies that restrain trade
National Labor Relations Act
This law also known as the Wagner Act. - Established National Labor Relations Board created to administer these rights - right to unionize declares it a federally protected right of employees to unionize and to bargain collectively - prohibits unfair employer practices the act identifies five unfair labor practices by an employer
Conglomerate mergers have been challenged only when: a. one of the merging firms would be highly likely to enter the other firm's market. b. the merged company would be disproportionately large, compared with the smallest competitors in its industry. c. (a) and (b) are correct. d. None of the above.
a
Generally, under the ADA, what would not be considered a "reasonable accommodation" for a meat cutter unable to carry meat from a freezer to the processing table? a. Making an accommodation that would constitute an "undue hardship" for the employer. b. Modifying work schedules. c. Making existing facilities accessible by purchasing a cart for the transfer. d. Restructuring jobs.
a
If a seller of a product conditions its sale upon the buyer's purchasing a second product from the seller, this is known as a: a. tying arrangement. b. boycott. c. horizontal restraint. d. disparagement.
a
In order for there to be a violation of Section 2 of the Sherman Act, in addition to monopoly power, the courts must find: a. unfair conduct or abuse of power. b. concerted action. c. competitive behavior. d. economic advantage.
a
Masson Supply sells hinges to retail outlets for $1.20. If Rorsch Ltd. approaches Strunk Hardware, one of Masson's customers, and offers to sell a comparable hinge for $1.10: a. Masson may, without violating the Robinson-Patman Act, lower its price to Strunk to $1.10, and Masson need not lower its price to its other customers. b. Masson may not lower its price to Strunk to $1.10 unless it lowers its price to its other customers or it will violate the Robinson-Patman Act. c. Masson may lower its price to Strunk to $1.05 in order to keep Strunk's business, even if Masson does not lower the price to its other customers, without violating the Robinson-Patman Act. d. Masson may lower its price to Strunk without also lowering its price to Masson's other customers in order to allow Strunk to meet a lower price Strunk's competitor charges when selling Rorsch's hinges. e. Both (c) and (d).
a
Sewit Co., a four-person business, employs Katie as a full-time seamstress. One day while sewing a sleeve on a dress, Katie paid no attention to what she was doing. The machine ran over her index finger, causing an injury. She had to have surgery. Which of the following BEST describes the rights of the parties? a. Sewit is liable to Katie under a workers' compensation statute despite the fact Katie may have been contributorily negligent when she ignored what she was doing. b. Katie cannot recover workers' compensation since federal law requires that an employer have at least 25 employees before he must provide workers' compensation benefits. c. Katie cannot recover workers' compensation benefits, but can sue Sewit for failing to provide a safe working environment. d. Sewit is not liable to pay Katie workers' compensation since Katie fell below a recognized standard of care.
a
The National Cooperative Research Act provides that: a. joint ventures in the research and development of new technology are to be judged under the rule of reason test. b. treble damages apply to all joint ventures formed in violation of the antitrust laws. c. joint venture participants must under all circumstances report their intent to the Justice Department. d. joint ventures formed to divide markets and fix prices are not illegal.
a
The National Tax Accountants Professional Association (TAPA) has recommended that its members charge a minimum of $25 per hour for completing tax forms. This recommendation is probably: a. a per se price fixing violation of the Sherman Act. b. not a violation of the Sherman Act, because it has been made by a professional association. c. not a violation of the Sherman Act, because a fee is different from a price. d. subject to the rule of reason.
a
The rule of reason test, under the Sherman Antitrust Act: a. considers the makeup of a relevant industry. b. does not consider the defendant's position in that industry. c. considers the defendant's need for the financial gain from the restraint of trade. d. does not consider competitor's ability to respond to the challenged practice of restraint of trade.
a
Which of the following is correct regarding the Clayton Act? a. It deals with price discrimination, tying contracts, and mergers. b. It added criminal sanctions to the Sherman Act. c. It repealed the Robinson-Patman Act. d. It included labor organizations in its coverage.
a
Which of the following remedies is available under the Sherman Act? a. Injunctions. b. Consequential damages. c. Restitution. d. None of the above.
a
vertical merger
a company's acquisition of one of its suppliers or customers
quick look standard
a modified or abbreviated rule of reason standard
federal trade commission act - sanctions
actions may be brought by the Federal Trade Commission, not by private individuals
reverse discrimination
affirmative action that directs an employer to consider an individual's race or gender when hiring or promoting for the purpose of remedying underrepresentation of that race or gender in traditionally segregated jobs
application of section 1 - boycott
agreement among competitors not to deal with a supplier or customer; per se illegal
vertical restraints
agreements among parties at different levels in the chain of distribution
Labor-Management Reporting and Disclosure Act
aimed at eliminating corruption in labor unions
Application of section 1 - price fixing
an agreement with the purpose or effect of inhibiting price competition; both horizontal and minimum vertical agreements are per se illegal, while maximum vertical price fixing is judged by the rule of reason
sexual harassment
an illegal form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
Clayton Act - exclusive dealing
arrangement by which a party has sole right to a market; prohibited if it tends to create a monopoly or may substantially lessen competition
A restraint involving collaboration among competitors at the same level in the chain of distribution is: a. a vertical restraint. b. a horizontal restraint. c. price fixing. d. a trust.
b
Agreements by which the seller or lessor of a product conditions the agreement upon the buyer's or lessee's promise not to deal in a competitor's goods are: a. tying arrangements. b. exclusive dealing arrangements. c. attempts to monopolize. d. None of the above.
b
Harry Jones at Jones Brothers Furniture Co. does not like the Brite Lamp Co. representative, so he decided that Jones Brothers would boycott Brite. Under the Sherman Act, this is: a. per se illegal. b. no violation. c. a tying arrangement. d. vertical market allocation.
b
If a small manufacturer of vacuum cleaners conditions the sales of its cleaners on the buyer's purchasing only that manufacturer's bags, under the Sherman Act this is: a. illegal per se. b. a tying arrangement, which will be closely scrutinized by the law. c. a vertical customer restriction. d. no violation.
b
In enacting Section 2 of the Clayton Act, Congress was concerned with sellers who sought to harm or eliminate their competitors through: a. mergers b. price discrimination. c. tying arrangements. d. None of the above.
b
Laura believes that her employer has fired her because she was pregnant. She wants to immediately file suit against her employer, but she learns that she must file a complaint with the Equal Opportunity Commission. What is the EEOC's role at this stage of Laura's potential claim? a. litigation. b. investigation c. mediation. d. arbitration.
b
Margaret tells the members of the Raleigh Association of Restaurant Owners that they will be able to get a better price on linen supplies (tablecloths, napkins) if they will deal with one supplier rather than split their business between two. They all know Margaret deals with Niagara Linen rather than Cayuga. Under the Sherman Act, if they all sign contracts with Niagara: a. there is no violation since there is no express agreement to boycott Cayuga. b. illegality may be implied from this conduct. c. there is no concerted action. d. this is horizontal market allocation.
b
The Clayton Act deals with which of the following situations? a. Supply discrimination. b. Tying contracts and mergers. c. Interlocking ties. d. Monopoly conspiracies.
b
The National Cooperative Research Act: a. prohibits using the rule of reason test in judging joint ventures in research and development of new technology. b. is designed to clear up uncertainty about the legality of joint ventures .c. now requires treble damages if joint ventures are formed in violation of Section 1 of the Sherman Act. d. All of the above.
b
The __________ extends employment protection for disabled persons beyond the federal level to state and local government agencies: a. ADEA b. ADA c. OWBPA d. BFOQ
b
The first action generally taken by the Equal Employment Opportunity Commission is: a. litigation. b. investigation c. mediation. d. arbitration
b
The manufacturer of Rubberware agrees to sell the distributor 1,000 boxes of 2-quart bowls only if he agrees to resell to the retailer at cost plus $1.10 per bowl and the retailer must agree to sell at no less than his cost plus. 50 per bowl. This is: a. horizontal price fixing. b. vertical price fixing. c. vertical market allocation. d. a group boycott.
b
The term seniority system is generally understood to mean: a. organized labor has constantly fought against this. b. a set of rules that ensures that workers with longer years of continuous service for an employer will have a priority claim to a job over these with fewer years. c. differences result from an intention to discriminate. d. workers with longer years of service are predominantly from one race.
b
Under Section 1 of the Sherman Act, which of the following is illegal per se? a. Vertical market allocations. b. Horizontal market allocations. c. Vertical price restraints. d. Both (b) and (c).
b
Which of the following falls under the Labor-Management Relations Act of 1947? a.Prohibits employers from discriminating against union members. b.Prohibits union members from coercing an employee to join the union or causing an employer to discharge or discriminate against a nonunion employee. c.Created an elaborate reporting system and a union bill of rights designed to make unions more democratic and less prone to corruption. d.Withdrew from federal courts the power to issue injunctions in nonviolent labor disputes.
b
Which of the following is true in relation to market share and monopoly power? a. A market share greater than 50% generally indicates monopoly power. b. A market share between 50 and 75% is, in itself, inconclusive in determining monopoly power. c. Market share is rarely used as a test of monopoly power because it is difficult to determine. d. Market share is a common test for monopoly power because it is an easy, objective measurement for courts to determine.
b
Which of the following scenarios would qualify as a bona fide occupational qualification exception to Title VII? a. A religious school hiring only members of the clergy to teach religion. b. A men's store that sells men's clothing hiring only men to measure and fit customers. c. An airline hiring only female flight attendants. d. All of these are correct.
b
A form of business association organized to carry out a particular business enterprise is a: a. sole proprietorship. b. tenancy in common. c. joint venture. d. competitor.
c
A merger involving noncompeting firms producing unrelated goods and services is termed a: a. tying arrangement. b. vertical merger. c. conglomerate merger. d. horizontal merger.
c
Employers are required to provide a work environment that is "free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees" by": a. NLRB. b. WARN. c. OSHA. d. ECOT.
c
If all milk producers in the area agree to set a minimum price for raw milk, this would be an example of: a. horizontal allocation. b. vertical market restraint. c. horizontal price fixing. d. a tying arrangement.
c
In an attempt to limit the power of large purchasers, Congress amended Section 2 of the Clayton Act in 1936 by adopting the: a. Sherman Act. b. Federal Trade Commission Act. c. Robinson-Patman Act. d. All of the above.
c
In the field of employment discrimination what federal law preempts others in the United States? a. The Fair Labor Standards Act. b. The United States Constitution. c. Title VII of the Civil Rights Act of 1964. d. The Equal Pay Act.
c
McDonald's Corporation grants to Bob a franchise in which he will be the only one who has the right to sell McDonald's products in his small hometown. Under the Sherman Act: a. this is per se illegal. b. there is no violation. c. this will be tested under the rule of reason. d. there is a tying arrangement.
c
Sexual harassment can be defined as: a. occurs when a supervisor's conduct does not affect an employee's economic benefits, but causes anxiety and "poisons" the work environment for the employee. b. can result in the court ordering the business to be sold, upon proper notice, at a publicly-held auction. c. unwelcome sexual advances and other verbal or physical conduct of a sexual nature when submission is made a term of employment. d. opposite sex discrimination only—not same sex harassment.
c
The 1964 Civil Rights Act allows which of the following as a defense to alleged violations? a.Disparate impact b.Bona fide preference c.Bona fide merit system d.All of these
c
Title VII of the Civil Rights Act of 1964 applies to all of the following except: a. religion. b. color. c. sexual preference. d. race.
c
United Industries was a small business that hired mostly recent immigrants to the United States and paid them a minimum wage. The business prospered and people began to come around to organize the workers into a union. Officials of United spoke against the advisability of joining the union. Finally, a date for a certification vote was set. In the days leading up to the vote, United officials began to intimate that those workers who voted against the union would receive overtime opportunities "as they became available." Is this an unfair labor practice? a. Overtime hours are a privilege; the employer can remove then at any time. b. Employers can take whatever steps they need to keep a union from organizing. c. Threats of reprisals or promise of benefits to coerce employees in the exercise of their rights is an unfair labor practice. d. The employer does not have duties in regards to the union until it officially begins after the vote.
c
erry and his wife, Andrea, are planning to adopt a baby in one month. Jerry has worked full-time for eight months in a six-person office of the county planning commission, and Andrea has worked full-time for the last three years for a 40-person business operating a nursing home. Under the Family and Medical Leave Act, when Jerry and Andrea actually adopt: a. Andrea is eligible for up to 12 weeks of paid, unpaid, or a combination of paid and unpaid leave. b. both Jerry and Andrea are eligible for up to 12 weeks of paid or unpaid leave. c. neither Jerry nor Andrea is eligible for any leave. d. Jerry is eligible for up to 12 weeks of unpaid leave.
c
monopolies: a. have generally been found to increase production and limit prices b. have generally been found to have no effect on production or prices c. have generally been found to limit production and increase prices d. are addressed primarily by Section 1 of the Sherman Act, not section 2
c
Robinson-Patman Act - sanctions
civil liability (treble damages); criminal penalties in limited situations
worker's compensation
compensation awarded to an employee who is injured in the course of his or her employment
unemployment compensation
compensation awarded to workers who have lose their jobs and cannot find other employement
per se violations
conclusively presumed unreasonable and therefore illegal