BLAW Final

Under the Rehabilitation Act of 1973, all companies with federal contracts of ____ have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations

$2,500 or more

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

Before franchises may be sold, the parent company must:

Comply with FTC regulations and perhaps other state regulations

An employee works for 20 years for a large company and has good job performance. When the company is reorganized, the employee is dismissed because he is "no longer needed". The employee probably has a good suit for:

Nothing.

The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds

Rehabilitation Act of 1973

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

Which of the following is an example of a disability covered by the Rehabilitation Act and the Americans with Disabilities Act:

a severe disfigurement, blindness, deafness, a history of heart attacks

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 at occurred and agent serving or attempting to serve the principal's interests at the time of the tort

If Congress is not satisfied with he way of an administrative agency is performing it:

can change how the agency operates

A legislative delegation:

delegates to an agency the power to perform its regulatory purpose

Congress gives an agency power and authority through a(n):

delegation of powers

Employee handbooks usually do which of the following?

discuss grounds for discipline and dismissal and communicate company policies and procedures

Which of these is not a procedural requirement for judicial review of an agency decision:

diversity

It is illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions?

do you have AIDS? have you ever been treated for mental health problems? have you ever been treated for drug addiction? are you an alcoholic?

The National Labor Relations Board:

does NOT have 10 members, is NOT appointed by the Secretary of Labor, is NOT headquartered in New York City, and the members are NOT appointed for life

An enabling statute is a(n):

federal law passed by Congress granting powers to an agency

An airline hired new flight attendants when current attendants went on strike when the collective bargaining agreement ended. When the strike was over, the airline only called back a few of the attendants who had been on strike. The union claimed the striking attendants had to be rehired with seniority and the new flight attendants fired. About the replacement workers, you would expect the court held the union was:

wrong; the airline had acted within its rights

Under which of the following conditions would a principal or employer be liable for the tort of an agent or employee?

NOT the tort that was authorized by the principal, NOT the tort that occurred within the scope of employment, and NOT when the tort was not authorized by the principal.

Kurt works for Jeris. One evening Kurt decided to use the company truck to pick up his date. On his way home from the movies, after dropping his date off, Kurt runs a red light and smashes into Bob. Is Jeris liable to Bob?

No, because Kurt was acting outside the scope of his employment

A country adopted a flexible affirmative action problem with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. You would expect the Supreme Court held that this action was:

a legitimate affirmative action program

The primary tool for local, state, and federal governments use to perform regulatory functions is the:

administrative agency

Substantive (legislative) rules issued by agencies are:

adminsitrative statures with the same force and effect of law as statutes passed by Congress

An administrative agency is usually:

an authority of government that administers a particular law

A federal law passed by Congress granting powers to an agency is called:

an enabling statute

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

an enabling statute

Administrative agencies are generally created by:

an enabling statute in Congress

Which of the following is defined as a "major life activity" by the Department of Health and Human Services:

caring for one's self, performing manual tasks, walking, seeing

In non-right-to-work states, employees at unionized workplaces are required to pay agency fees, equal to a large percent of union dues, if they refuse to pay union dues. According to the Supreme Court, a union may:

collect agency fees from non-members, must must explain how fees are determined so that the non-members do not have to pay fees used for political purposes

Unions and employers who negotiate contracts have a duty to bargain in good faith. This means both sides must do all of the following except:

come to a final agreement

Collective bargaining refers to the process by which the:

employer and the union negotiate an employment contract

A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority.

enabling statute

Organic statute is another term for:

enabling statute

The procedural requirement of ___ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.

exhaustion

The Americans with Disabilities Act applies to employers with:

fifteen or more employees

To get the right to sell goods or services associated with a franchisor's trademark, trade name or trade dress, the franchise must pay a(n):

franchise fee

The Rehabilitation Act and the Americans with Disabilities Act define a person with disability as one who:

has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment or has a mental impairment which substantially limits a major life activity

An employee who works at a grocery store for may years as a checkout clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will:

have the suit dismissed as she is not disabled for other employment

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 ahas even drinking you would expect the courts to:

hold The Pizza Parlor liable for negligence in hiring

The workers at the 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

A move to unionize might come from:

interested employees and a union organizer

States regulation of the sale of franchises:

is NOT prohibited because of federal regulation, is NOT so weak that it is irrelevant, does NOT duplicate federal regulations, and does NOT replace federal requirements in the states that it exisits

If the National Labor Relations Board determines that an employer has committed an unfair labor practice which of the following remedies may it not impose on the employer?

it may not impose jail time for order violations

What role does the NLRB play in a representation election?

it supervises the election and certifies the election results

Congress gives an agency power and authority through a(n):

legislative delegation

Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act:

making existing facilities accessible, job restructuring, providing readers to blind employees, modifying equipment

When federal agencies sue to enforce regulations, depending on the authority the agency has even granted by Congress, the agency:

may sue for civil penalties and may sue to withhold property and may sue for criminal penalties

If a statute requires that administrative rule making must be "on the record" then the agency:

must hold hearings at which witnesses appear to testify about the proposed rule

If a person could be expected to possibly cause problems and an employer hires the anyway, the employer could be held liable for _____ if the employee commits a tort against a customer.

negligence in hiring

Kelsey is being interviewed for a job and she volunteers that she has diabetes and has to occasionally take breaks to give herself insulin shots. The interviewer asks her how often she needs to take these breaks and how long the breaks take. These questions are:

not illegal under the Americans with Disabilities Act

Enabling statutes are also sometimes called:

organic statutes

The franchisee has the right to sell the product of the parent company in which category of franchise:

product distributorship

Putting a bold disclaimer at the front of the handbook that says it is not a contract and requiring employees to sign the disclaimer is an attempt by businesses to:

protect themselves from being found to create an implied contract

Under the Disabilities Act, employers are required to make reasonable accommodations. These could include:

providing a reader for a blind employee, providing wheelchair access to company facilities, modifying work schedules to accommodate disabled employees, redesigning work stations so they are usable by disabled persons

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

Agencies with statutory authority to require businesses to provide information may do which of the following:

rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from there files and require businesses to self-report on a regular basis

The rule of law imposing vicarious liability upon an innocent principal is known as:

respondeat superior

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

Right-To-Work laws:

retard union effectiveness

Non-union workers left work without permission because there was no heat at work and it was below freezing in the plant. The company fired them. With respect to this joint action by the workers, you would expect the courts to hold that the workers were:

right; in case of intolerable working conditions workers have the right to protect themselves without being fired

An agency develop materials that help those regulated understand what they are required to do to comply with the law through the process of:

rule making

Procedural rules issued by administrative agencies are:

rules that describe an agency's organization, method of operation, and internal practices

Which of the following is a condition not considered a disability under the ADA:

sexual behavior disorders

A _____ terminates with the death or incapacity of the proprietor

sole proprietorship

Pay rate, insurance, plans, holidays and overtime pay are all:

subject to mandatory bargaining

If an agent or employee commits an unauthorized tort outside the scope of employment:

the agent or employee is liable to the third party for damages incurred and the principal or employer is not

Franchises may be terminated by:

the bankruptcy of the franchise. NOT the failure of the franchisor to submit to financial inspection by franchisees, and NOT by the franchisor at any time, at will.

The primary source(s) of administrative law include(s):

the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis and can handle litigation more quickly than can the judicial system

An employer could be held liable for negligence in hiring if:

they hire a person who could be expected to possibly cause problems

Which of the following is an example of union conduct that impairs the goals of the National Labor Relations Act:

threatening employees with loss of a job if they do not support the union, refusing to help employees with grievances who have criticized union leaders, engaging in picket line misconduct, such as threatening non strikers, and striking over issues unrelated to employment terms and conditions

Under the rule of ____ a principal or employer can be liable for the authorized or unauthorized intentional or negligent torts of agents and employees who were acting within the scope of employment

vicarious liability

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

vicarious liability

Carter, who had even 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