Test 4

false

A consumer who receives an unsolicited credit card can be charged by the company that issued the card for any unauthorized charges.​

false

A federal administrative agency may exercise powers beyond those that Congress delegates to it.​

call a strike

After extensive bargaining, Rubber Workers Union and Super-Valu Tire Company cannot agree on terms. The union may​

required

Air Power Corporation wants to build a wind plant on private land, for which a federal permit is required. For this action, an environmental impact statement is

true

An agency can make rules that are as legally binding as laws passed by Congress

false

An employer is not required to reasonably accommodate any individual employee's religious belief or practice.

true

An information label must be attached to every new car to include the fuel economy estimate for the vehicle.​

​an exception based on public policy.

Anna is an employee at Bento Food Mart. Anna is called for jury duty and as a result cannot work her scheduled shift. Bento fires Anna. She successfully sues Bento for reinstatement. With respect to the employment-at-will doctrine, this is​

false

Any employee who works more than ten hours on a given day must be paid overtime.​

false (corrected)

At any time and for any reason, an employer can refuse to bargain collectively with an elected employee representative.

forty hours in a week.

Belle is an employee of College Cafeterias, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than​

under no circumstances.

Berry Fields, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Fields can hire illegal immigrants​

intentional. (THIS IS INCORRECT) material (THIS IS INCORRECT)

Bev works for Construction Inc. While working on a Construction project, Bev is injured. Under state workers' compensation laws, she can successfully sue her employer to recover for the injury only if it was​

strict liability.

BioChem Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChem before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo​

none of the choices

Brew Coffee Company sells coffee and related beverages. The company's ad contends that ambitious businesspersons "Drink Us & Rise Up in the World!' " The Federal Trade Commission would consider this ad to be​

a minimum wage.

Brian, Carol, Dan, and Erica are employees of different-sized employers in different industries covered by the Fair Labor Standards Act. All employees in covered industries must be paid per hour​

federal and state regulatory agencies.

Clean Wash, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is

all of the choices.

Closed meetings of the U.S. Forest and Wildlife Service and other federal administrative agencies are permitted when​

a delegation of legislative power.

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is​

all levels of government and private citizens.

Congress enacts a new air quality statute. The enforcement of this and other federal environmental legislation relies on

​the Food and Drug Administration.

Corner Market sells groceries. Delta Food & Drug Store sells groceries and fills prescriptions. The party with the chief responsibility to monitor and enforce laws designed to protect consumers from unsafe food and drugs being sold is​

gender

Deep Sea Fishing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of

file a complaint with the National Labor Relations Board.

Dock Workers Union believes that Emerging Market Corporation has violated a federal labor law. The appropriate step is for the union to​

false

Drugs can be marketed to the public before they are ensured to be safe and effective.

under all circumstances

During a union election campaign at Construction Corporation, the employer tells the employees, "If the union wins, you'll all be fired." This is an unfair labor practice​

investigate.

Elise and many other consumers complain to the Federal Trade Commission (FTC) that a Faux Diamonds Company ad is deceptive. The FTC's first step is to​

true

Employees who leave their jobs voluntarily may still claim under Title VII that they were "constructively discharged" by their employer.

false

Employers are required to establish retirement plans for their employees

it did not know of the harassment. (THIS IS INCORRECT) it knew of the harassment and did not take steps to prevent it?

Emylee, an employee of Farm Supplies, Inc., files a sexual-harassment suit against her employer, alleging a pattern of sexual harassment by her supervisor Gowan. Farm Supplies may be liable for hostile environment harassment if

be willing and able to work.​

Ethan, a former employee of Fiber Optics, Inc., is currently unemployed. To collect unemployment compensation, Ethan must

​subagencies of congressional committees.( THIS IS INCORRECT) outside the major departments of the governments executive branch (THIS IS INCORRECT)

Federal executive agencies such as the Occupational Safety and Health Administration are​

true

Food products are required to bear labels detailing the nutritional content.​

an exception based on contract theory.

Frank is an employee of Guitar Makers, LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

are fired for gross misconduct.

Games, Inc., employs four hundred workers. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they​

false

Generally, under employment-at-will doctrine, an employer may fire an employee even if doing so would violate a federal or state statute.​

merit

Gil and Hera are employees of IT Business Solutions, Inc. Under the Equal Pay Act, IT Business Solutions can legitimately pay different wages on the basis of

the Equal Employment Opportunity Commission.

Gina believes that she is a victim of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with Title VII is monitored by

the employer's liability for breach of contract.

Gina works for FasTite Tool Company. The employer's discharge of Gina outside the terms of an implied employment contract may result in​

bait-and-switch advertising.

Hearth & Home Furniture store advertises bedroom suites at a "Special Low Price of $599." When Ilene tries to buy one of the suites, Jill, the salesperson, tells her that they are all sold and no more are obtainable. Jill adds that Hearth & Home has other bedroom suites available for as low as $2,599. If done systematically, this is​

seniority system.

Holly files an employment discrimination suit against Industrial Corporation under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, the plaintiff must show that as a member of a protected class, she was adversely affected by any of the following except the employer's

organize

Hospital Corporation employs seven thousand workers in seven locations. These employees have the right to​

​constantly shifting positions on disputed contract terms.

Hotel Employees Union is engaged in collective bargaining with International Lodging, Inc. The employer would show bad faith by​

mislead a reasonable consumer.

In its ads, Crunchy Inc. makes various claims about its snack products. Crunchy's advertising claims would most likely be deemed deceptive if the claims​

true

In states that require a minimum wage that is higher than the federal minimum wage, employers must pay the higher wage.

Congress, through enabling legislation.

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by​

the federal government.

Interstate Storage & Trucking, Inc., keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by

its employees.

Invest Sales Corporation wants to monitor its employees' electronic communications. Invest's best course of action to avoid liability under laws related to employee monitoring is to notify​

each new hire

Jorge, Kim, and Lucy apply to work for Meat Packing, Inc. The employer must verify the identity and eligibility to work of​

Lomax must be forty years of age or older.

Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). Refer to Fact Pattern 21-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

hearsay can be introduced as evidence in an administrative hearing.

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that​

a constructive discharge on the basis of gender discrimination.

Laura is the only female employee in the maintenance department of Motor Vehicle Sales & Service Inc. Her supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

accidental.

Lenny works for Mechanical Engineers, P.A. While working on a Mechanical Engineers project, Lenny is injured. Under state workers' compensation laws, Lenny will be compensated only if his injury was​

back pay, retroactive promotions, and damages.

Lisa brings a successful suit against her employer Metal Mold Corporation for employment discrimination. Lisa may be awarded

a "person of extraordinary ability."

Lori's List, Inc., an online directory of goods and service providers, wants to hire Mei-Ling, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is​

required

Mac n' Cheese Company wants to make and market new processed pasta and sauce products. On each product's label, standard nutrition facts are

​disparate-treatment discrimination.

Mary applies for a job with Northern States Oil Company. Northern States does not hire her because of her ethnicity, or national origin. This is​

clearly and conspicuously disclose the shipping cost in its ads.

Mattress Company advertises a special sale—all bedding, half price. The ad does not state that the sale price does not include delivery or shipping costs. To avoid claims of deceptive advertising, Mattress should

hostile-environment harassment.

Mena, a female, and Neil, a male, are employees of Operational Processes Corporation. Mena regularly e-mails sexually explicit images to Neal via Operational's network. Neil finds this offensive. This is

if letting the pollution continue is more harmful than stopping it.

Mineral Company operates a gravel pit next to Nora's residence. Nora files a suit against Mineral, alleging that the pit is a source of pollution, a nuisance, and unreasonably interferes with the enjoyment of her property. The court is most likely to award Norah an injunction

disparate-impact discrimination.

Nell, a member of a protected class, applies for a job with Origami Paper Corporation, but fails the company's employment test and is not hired. Nell believes that the test has an unintentionally discriminatory effect. If so, this is

an administrative law judge.

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by​

false

Once an agency has been created, it cannot be abolished.​

he is a member of a protected class.

Oren believes that Power Utility Corporation (PUC) has discriminated against him on the basis of race. He files a suit against PUC under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

true

Package labels must use words that the ordinary consumer understands.

Congress

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

​pay employees higher wages for working in more dangerous areas.

Production Industries, Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Production must do all of the following except​

a negligence theory.

Regional Disposal Center operates a recycling plant. Stan and other citizens file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on​

​fifteen employees or members.

Resource Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act. This law applies to employers and labor unions with at least

quid pro quo harassment.

Ruth is a supervisor for Subs, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

annual wage base.

Sally works for Timber Products, Inc. The basis for her contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is her​

​up to twelve weeks.

Salsa Caliente, Inc., employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of​

other persons of her race hold similar positions with similar employers.

Sara believes that she was rejected for a position at Trek Travel Agency on the basis of her race. Sara files a suit against Trek under Title VII of the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

in a hazardous occupation

Selena is seventeen years old. Under the Fair Labor Standards Act, she cannot work​

the employees did not have a reasonable expectation of privacy.

Shipping, LLC, provides its employees with an e-mail system. The company notifies them that it will monitor their communications over the system. Some employees file a suit against their employer, claiming a violation of privacy. The court is most likely to hold that, with respect to communications over the e-mail system,​

true

Some courts have held that an implied employment contract exists between the employer and the employee.​

puffery

Soundbites Corporation makes and markets cellphones. Soundbites's ad states that on its phones, voices and text come through as "clear as the sky on a cloudless day." The Federal Trade Commission would consider this claim

the federal regulation takes precedence.

State and federal administrative agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation​

all of the choices.

Tax Accounting Service, LLC employs one hundred workers. Under the Health Insurance Portability and Accountability Act, the employer must​

the public is asked to comment on a proposed rule.

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which​

obtain information to reveal regulatory violations.

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to​

​must be specific and adequately describe the material being sought.

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets​

the administrative process.

The Nuclear Regulatory Commission is an independent regulatory agency. Its basic functions include making rules, investigating activities that it regulates, enforcing its rules and adjudicating disputes. All of these functions are part of​

publish a notice of the proposed rulemaking.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to​

true

The Truth-in-Lending Act applies to persons who, in the ordinary course of their business, lend money, sell on credit, or arrange for the extension of credit.​

​the Veterans Health Administration.

The U.S. Department of Health and Human Services (HHS) was founded in 1980. All of the following subagencies are within HHS except​

the National Labor Relations Act.

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. The employer refuses to bargain with the union over wages and working conditions. This violates​

adjudication.

The functions of the Social Security Administration, like those of other administrative agencies, include​

true

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.​

other states and the federal government.

The state of California passes a law to restrict emissions form motor vehicles. Thee emissions may also be regulated by

none of the choices.

The unionized workers of Steel Company go on strike. During the strike, it is legal for the strikers to​

​bargain collectively with their employer through their representative.

Theo is an employee of US Gas Company. Under federal law, Theo and other employees have the right to​

federal and state law

Through careless manufacturing practices, Plastics Company makes and sells products that are unsafe to consumers. This may be subject to sanctions under​

in the Federal Register.

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

False

To recover workers' compensation, an employee must prove that an injury did not occur on the job or in the course of employment.​

exhaust all possible administrative remedies.

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Tools & Hardware is opposed to the decision and wants a court to review it. First, however, the company must​

a toxic tort

Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is known as​

a restaurant chain with twenty or more locations.

Under federal law, the calorie content of the food on a menu must be posted by Great Harvest, LLC, if the firm is​

false (corrected)

Under the employment-at-will doctrine, an employer may terminate an employment relationship only for cause.​

none of the choices.

Vehicle Assembly Corporation operates a plant near the border between the United States and Mexico. Due to the location, it would be easier for the company to employ noncitizens. In this situation, it is legal for the employer to​

a violation

Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely