Mind Tap Chapters 19-21

Which of the following scenarios illustrates a business world without agency relationships?

The owner prepares the tax returns

Is a principal under a duty to compensate an agent who works on the principal's behalf?

Yes, if the contract requires compensation.

What 2 rules are included in an agent's duty of loyalty?

An agent cannot share or use confidential information or secretly deal with the principal

An employer requires a college degree to work in any position in the company. What part of Title VII could apply?

Disparate treatment

Which of the following is the most important distinction of employment at will?

Either party may terminate employment at any time for any reason

Which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy?

Pregnancy Discrimination Act

What is required to form an agency relationship?

The agent and principal must agree to enter the relationship

How would a customer preference for women attendants in the women's restroom or locker room be judged under employment discrimination?

The gender preference could be a BFOQ

What is the key factor in apparent authority?

The principal's actions

How does a principal become liable to third parties on contracts?

The principal's agent has the authority to bind the principal in a contract with a third party

What are 2 good reasons to refrain from disclosing an agency or a principal's identity?

When a principal wishes to remain anonymous for privacy reasons or wishes to enter into transactions, but is concerned that if third parties knew his or her identity they would be less likely to enter into the agreement

Which statement is true about qualifying for workers' compensation?

Workers are eligible for compensation for an accidental injury that occurred on the job, regardless of fault

Employers must make which of the following to accommodate the religious practices of employees?

a reasonable accommodation

Exceptions of employment at will include...

agency law, tort theory, and public policy

Which of the following workers are generally NOT eligible for workers' compensation (choose 3 answers)?

agricultural, temporary, and domestic workers

FMLA requires employers covered by the act to...

allow the qualified employee to continue on the workers' health insurance plan provided by the company, provide up to 12 weeks of unpaid leave in one year for qualified employees

Who is liable to third parties for damage caused by an agent's tortious conduct if the principal had directed the agent to take that action?

both the agent and the principal

Where do the funds to pay out workers' compensation claims come from?

business contributions to a state held fund

How do agency relationships affect businesses and the business world? Choose 2 answer choices.

businesses can grow by hiring employees, workers can specialize and become experts

The Civil Rights Act of 1964 applies to...

companies with 15 or more employees

A sales representative sells products from two competing companies without disclosing to either company. Which agent duty owed to a principal applies to this situation?

conflict of interest

A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply?

contractual agreements

FMLA applies to...

employers with 50 or more employees

The Equal Protection Clause applies to which parties?

governmental employers

What are the two types of actual authority? Choose 2 answer choices.

implied authority, express authority

What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired?

lost benefits and wages

The system in which an employer pays her employees an amount based on how well they do their jobs, regardless of gender, is called...

merit

If harm is done by an agent, and it is discovered that this agent has been convicted of the same harm before at a previous job, what might a principal be liable for?

negligent hiring

What are the fiduciary duties of an agent to her principal?

obedience, loyalty, accounting

An employee is entitled to workers' compensation if the accident...

occurred on the job or in the course of employment

Employers may obtain workers' compensation insurance via...

paying into a state or a private insurer

An employer reacts to an employee's report of a Title VII violation by cursing and making offensive jokes about that employee and moves the employee to another department. What part of Title VII could apply?

retaliation, hostile work environment

Why are seniority systems beneficial?

since they are a defense to employment discrimination employers have fewer related legal issues and they encourage employee loyalty to the employer

What does the Occupational Safety and Health Act (OSHA) require of most businesses?

submission of reports, posting certain notices in the workplace, maintaining certain records

At the federal level, the primary legislation that protects workers from dangerous conditions on the job is...

the Occupational Safety and Health Act (OSHA)

If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use?

the pay disparity is based on any factor other than gender, seniority, or on merit/output

How much time off does the Family and Medical Leave Act (FMLA) provide?

up to 12 weeks of unpaid time off

In which situation does an agent have the least exposure to liability?

fully disclosed principal

Employers are not required to make accommodations for employees...

if that accommodation causes an undue hardship on the business

Who can terminate an agency relationship?

Either the agent or the principal may terminate

What categories are protected by the Equal Employment Opportunity Commission (EEOC)?

gender identity, gender information, national origin

Under the Civil Rights Act of 1964, which of the following are illegal if applied to a member of a protected class?

hostile environment/retaliation, disparate treatment and disparate impact

When is an agent liable on a contract that the agent entered into in the business of the agent's principal?

if the agent entered into the contract in a personal capacity, when the agent is acting without authority, when the principal is undisclosed

What 3 agency relationship be formed?

implied by the conduct of the principal, by express written agreement between agent and principal, by express oral agreement between agent and principal

A state passes a law requiring all police officers to be of a certain height. Some women challenge the law under the Equal Protection Clause because the average height of women is shorter than that of men. What standard would the court use to make a decision?

intermediate scrutiny

The role of the Equal Employment Opportunity Commission (EEOC) is to...

investigate charges of discrimination against employers, file a lawsuit to protect the rights of individuals and the interests of the public, fairly and accurately assess the allegations in a charge of discrimination and make a finding

Under the Fair Labor Standards Act (FLSA) employers must...

pay nonexempt employees at least the federal minimum wage, pay overtime to eligible employees