ARE18 midterm 3

which act enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical dental or optical benefits to pay to continue receiving benefits for themselves?

The consolidated omnibus budget reconciliation act

If Occupational Safety and Health Act (OSHA) inspectors find violations in the workplace, they may issue citations. Penalties for violations may range from $0 to __________ per violation, depending on the likelihood that the violation would lead to serious injury to an employee. A) $70,000 B) $75,000 C) $100,000 D) $150,000

A) $70,000

Which of the following is not a type of bankruptcy petition? A) Chapter 5 B) Chapter 7 C) Chapter 11 D) Chapter 13

A) Chapter 5

The Fair Labor Standards Act mandates that employees who work more than __________ hours in a week be paid no less than __________ times their regular wage for all hours they work beyond __________ during a given week A) Forty (40); 1 ½; forty (40) B) Thirty (30); 1 ¼; thirty (30) C) Forty (40); 1 ¼; forty (40) D) Thirty (30); 1 ½; thirty (30)

A) Forty (40); 1 ½; forty (40)4

__________ work environment is a recognized form of sexual harassment A) Hostile B) Aggressive C) Antagonistic D) Opprobrious

A) Hostile

__________ may file under Chapter 13 A) Individuals, but not partnerships or corporations, B) Individuals and partnerships, but not corporations, C) Individuals and corporations, but not partnerships, D) Individuals, partnerships and corporations

A) Individuals, but not partnerships or corporations,

Disparate treatment is sometimes referred to as __________ discrimination A) Intentional B) Unintentional C) Consequential D) Retributive

A) Intentional

An investment group that comes together for the explicit purpose of financing a specific large project is a(n) __________ A) Syndicate B) Cooperative C) Institutional partnership D) Organizational "pool"

A) Syndicate

Chapter __________ provides for adjustment of debts for family farmers or family fishermen A) 9 B) 12 C) 13 D) 15

B) 12

__________ bankruptcy is also known as liquidation bankruptcy, or "straight" bankruptcy A) Chapter 5 B) Chapter 7 C) Chapter 11 D) Chapter 13

B) Chapter 7

Which of the following is a true statement regarding discrimination based on sexual orientation? A) Discrimination based on sexual orientation is not an actionable claim B) Currently, there is no federal legislation that prohibits discrimination based on sexual orientation C) North Carolina was the first state to enact legislation prohibiting discrimination based on sexual orientation D) Forty-one (41) states have laws protecting against discrimination based on sexual orientation

B) Currently, there is no federal legislation that prohibits discrimination based on sexual orientation

Under the Federal Unemployment Tax Act (FUTA,) __________ pay taxes to the __________, which deposit the money into the __________ government's Unemployment Insurance Fund A) Employees, states, federal B) Employers, states, federal C) Employees, federal government, state D) Employers, federal government, state

B) Employers, states, federal

Once the petition is filed, all of the debtor's pre-petition assets form the bankruptcy __________ A) Trust B) Estate C) Pool D) None of the above

B) Estate

In a(n) __________ partnership, partners divide the profits (usually equally) and management responsibilities and share unlimited personal liability for the firm's debts A) Corporal B) General C) Limited D) Unlimited

B) General

Which of the following is not an advantage of a sole proprietorship? A) Creation is easy B) Proprietor is personally liable for all losses C) Proprietor is in total control of management D) Proprietor keeps all profits

B) Proprietor is personally liable for all losses

If you decide to go into business on your own, you are creating a sole __________, an unincorporated business organization in which you, as the sole owner, are in complete control of the management and profits of the business A) Conservatorship B) Proprietorship C) Partnership D) None of the above

B) Proprietorship

Under The Employee Retirement Income Security Act (ERISA), employers must provide pension and health plan participants with all but which of the following? A) Plan information, including features and funding of the plan B) The option of selecting an employer-administered "defined benefit" plan C) Assurances that those in charge of managing plan assets have fiduciary responsibility D) A grievance and appeals process for participants to get benefits from their plans

B) The option of selecting an employer-administered "defined benefit" plan

Under the Family and Medical Leave Act (FMLA), an "eligible employee" is one who has worked at least __________ hours per week for each of the __________ prior to the leave A) Twenty-five (25); six (6) months B) Twenty-five (25); twelve (12) months C) Forty (40); six (6) weeks D) Forty (40); twelve (12) weeks

B) Twenty-five (25); twelve (12) months

Disparate impact is often referred to as __________ discrimination A) Intentional B) Unintentional C) Consequential D) Retributive

B) Unintentional

The Age Discrimination In Employment Act of 1967 (ADEA) was enacted to prohibit employers from refusing to hire, discharging, or discriminating in terms and conditions of employment against employees or applicants age __________ or older A) 18 B) 21 C) 40 D) 65

C) 40

Within __________ days of the creditor's meeting, all creditors (except secured creditors) must file a proof of claim with the bankruptcy court clerk to receive a portion of the debtor's estate A) 45 B) 60 C) 90 D) 120

C) 90

In a __________-style business operation, the franchise operates under the franchisor's business name and is required to follow the franchisor's standards and methods of business operation A) Vertical B) Pyramid C) Chain D) Horizontal

C) Chain

Proving disparate-treatment discrimination involves all but which of the following steps? A) Plaintiff-employee must demonstrate a prima facie case of discrimination B) Defendant-employer must articulate a legitimate, non-discriminatory business reason for the action C) Defendant-employer must demonstrate the existence and use of a legitimate affirmative action plan D) Plaintiff-employee must show that the reason given by the defendant-employer is a "mere pretext"

C) Defendant-employer must demonstrate the existence and use of a legitimate affirmative action plan

A(n) __________ partnership is an agreement between at least one general partner and at least one limited partner A) Qualified B) Quasi- C) Limited D) Unlimited

C) Limited

Which of the following is not a prohibited type of discrimination in violation of The Civil Rights Act of 1964? A) Race B) Religion C) Personal appearance D) National origin

C) Personal appearance

__________ sexual harassment cases occur when a supervisor makes a sexual demand on someone of the opposite sex and this demand is reasonably perceived as a "term or condition" of employment A) Quid pro profundum B) Quid pro veritas C) Quid pro quo D) Quid pro loquitur

C) Quid pro quo

If the Equal Employment Opportunity Commission decides not to sue, it notifies the plaintiff-employee of his/her right to file an action, and issues the plaintiff-employee a __________ A) Formal letter of apology B) Consolation letter C) Right-to-sue letter D) Default judgment

C) Right-to-sue letter

Which of the following occurrences is not covered by the Family and Medical Leave Act? A) The birth of a child B) The adoption of a child C) The care of a seriously ill friend D) A serious health condition that renders the employee unable to perform any of the essential functions of his/her job

C) The care of a seriously ill friend

Reasons cited for congressional enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 include all but which of the following? A) An increased number of bankruptcy filings B) Significant creditor losses associated with bankruptcy filings C) The fact that a significant number of individuals are forced to file bankruptcy as a result of unanticipated medical expenses, separation and divorce, or unemployment D) The fact that some bankruptcy debtors are able to repay a significant portion of their debt

C) The fact that a significant number of individuals are forced to file bankruptcy as a result of unanticipated medical expenses, separation and divorce, or unemployment

Liquidation occurs when a debtor turns over all assets to a __________, an individual who takes over administration of the debtor's estate A) Custodian B) Mediator C) Trustee D) Judge

C) Trustee

All but which of the following categories of employees are excluded from coverage under the Fair Labor Standards Act? A) Executives B) Administrative employees C) Wage employees D) Professional employees

C) Wage employees

T/F Regarding worker's compensation, workers retain the option to sue their employers for negligence for work-related injuries.

F

Which act is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals?

The employee retirement income security act

what type of lien has secured interest?

consensual lien

Who is consider/not consider a debtor eligible for chapter 7 relief in bankruptcy?

eligible: partnerships not eligible: insurance companies, health maintenance org., banks, railroads

Which is an example of a good? not an example of a good?

good: inventory, consumer goods, equipment, farmer products not good: document of title

A series of legal steps a secured party takes to protect its rights and collateral from other creditors who wish to have their debts returned through the same collateral

perfection

Which act prevents employers from discriminating against employees and applicants with disabilities?

the Americans with Disabilities Act

T/F while bankruptcy law is federal law, state law applies to bankruptcy cases in the sense that state laws regarding debtor's property and creditor claims may apply

true

when the creditor becomes the secured party who has a security interest into the collateral

attachment

Which chapter recognizes insolvency proceedings pending in a foreign country and relief for foreign debtors?

chapter 15

Which chapter is used for a sale of a debtor's assets by a trustee and the distribution of money to creditors?

chapter 7

the family and medical leave act covers private employers w/ at least how many employees?

50+ employees

If a debtor has fewer than twelve (12) creditors, a single creditor with a claim of __________ can file the petition for involuntary bankruptcy A) $11,525 or less B) $12,425 or less C) $13,525 or more D) $14,425 or more

D) $14,425 or more

By statute, Chapter 13 repayment plans last between __________ and __________ months A) 6; 12 B) 12; 24 C) 24; 36 D) 36; 60

D) 36; 60

To recover workers' compensation benefits, the injured party must demonstrate: A) He/she is an employee B) He/she works for a private employer C) The injury occurred on the job D) A. and C. only

D) A. and C. only

Through the __________ method of franchising, the franchisor manufactures a product and licenses a dealer to sell it in an exclusive territory A) Partnership B) Licensing C) Proprietorship D) Distributorship

D) Distributorship

What is not an advantage of the partnership? A) Ease of creation B) Income of business is considered personal income (of the partners) C) Business losses can be deducted from taxes D) Individual partner liability for all partnership losses

D) Individual partner liability for all partnership losses

A __________ is a partnership agreement in which company members hold transferable shares while all the goods of the company are held in the names of the partners A) Cooperative B) Syndicate C) Business trust D) Joint stock company

D) Joint stock company

Commonly-recognized defenses to claims under Title VII of the Civil Rights Act of 1964 include all but which of the following? A) Bona fide occupational qualification B) Merit C) Seniority D) Judicial fiat

D) Judicial fiat

The first major piece of federal legislation adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions as a means of obtaining the peaceful settlement of labor disputes was the __________ Act. A) Hoffa B) Taft-Hartley C) Landrum-Griffin D) None of the above

D) None of the above

An S corporation cannot have more than __________ shareholders A) Twenty-five (25) B) Fifty (50) C) Seventy-five (75) D) One hundred (100)

D) One hundred (100)

Which of the following is not a state-created exception to the employment-at-will doctrine allowing an employee to sue for wrongful discharge? A) Implied-contract B) Public policy C) Implied covenant of good faith and fair dealing D) Quasi-contract

D) Quasi-contract