BLAW 441 Exam 2
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? a) Contractual agreements. b) Public policy. c) Statutes. d) Tort law.
a) Contractual agreements.
employment at will
A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise.
The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the: a) National Labor Relations Act (NLRA). b) Collective Bargaining Power Act (CBPA). c) Better Together Act (BTA). d) National Unions Act (NUA).
a) National Labor Relations Act (NLRA).
The Civil Rights Act of 1964 applies to: a) companies with 15 or more employees. b) all companies. c) companies with 5 or more employees. d) only companies that hire on a seasonal basis.
a) companies with 15 or more employees.
A sole proprietorship is similar to a partnership in: (Choose 2 answers.) a) the minimum number of owners. b) liability for debt. c) the ability to have an owner/member who does not participate in the business. d) how taxes are paid directly by the owner, not the company.
b & d
Which of the following is a disadvantage of operating as a sole proprietorship? a) Sole proprietorships are taxed at a higher rate than corporations. b) The owner of a sole proprietorship is personally liable for all business debts. c) A sole proprietorship may only be run as a non-profit organization. d) Forming a sole proprietorship requires extensive paperwork to be completed by a lawyer and filed with the appropriate state office.
b) The owner of a sole proprietorship is personally liable for all business debts.
The system in which an employer pays her employees an amount based on how well they do their jobs, regardless of gender, is called: a) quality control. b) merit. c) rewards. d) seniority.
b) merit.
A sole proprietorship differs from a corporation in: a) the ability to earn a profit. b) the ability to be an educational organization. c) where in the United States they may be located. d) how stock is sold.
d) how stock is sold.
Child Labor: 16-18
Can work unlimited hours, days, times, but cannot work hazardous jobs
Child Labor: 14-15
Work non hazardous jobs. Their are restrictions on hours and days and times, etc.
A worker's status as an employee or independent contractor affects: (Choose 3 answers.) a) the business' liability for the worker's actions. b) whether the job is full time or part time. c) the business' taxes. d) ownership of work created on the job.
a, c & d
Employers must make which of the following to accommodate the religious practices of employees? a) All requested accommodations b) A reasonable accommodation c) No accommodations d) Some accommodations
b) A reasonable accommodation
The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.) a) file an appeal in federal court. b) investigate employees' charges of unfair labor practices. c) issue a cease-and-desist order. d) file complaints against employers in response to charges of unfair labor practices brought by employees.
b. c & d
For tax purposes, sole proprietorships: a) pay taxes on the income of the business, and the owner is taxed on their distribution. b) pay taxes on their own income, but the owner is not taxed on their distribution. c) are pass-through entities. d) are not taxed, and the owner is not taxed on their distribution.
c) are pass-through entities.
A sole proprietorship differs from a partnership in: a) liability for debt. b) documentation required for formation. c) the number of owners. d) how stock is sold.
c) the number of owners.
Which amendments to the U.S. Constitution are the primary source of equal protection provisions in employment law? Choose 2 answers. a) the Fourteenth Amendment b) the Eighth Amendment c) the Second Amendment d) the Fifth Amendment
a & d
How much time off does the Family and Medical Leave Act (FMLA) provide? a) up to 12 weeks of unpaid time off b) up to six weeks of paid and up to six weeks of unpaid time off c) whatever time is needed to take care of the health concern of a protected person d) up to 12 weeks of paid time off
a) up to 12 weeks of unpaid time off
Rosemary's son Dave is a United States Marine. Dave was recently injured in a covert operation in the Middle East and now needs round-the-clock care. Rosemary works at the Silver Spoon Café, which has 63 employees. Rosemary advises her supervisor that she needs to take time off to care for Dave. Rosemary quickly uses up all her accrued leave time, so she applies for time off under the Family and Medical Leave Act (FMLA). Under the FMLA, Rosemary may take unpaid time off to care for her injured son for up to: a) fifteen weeks. b) ten weeks. c) twenty-six weeks. d) twelve weeks.
c) twenty-six weeks.
What is the main provision of the Immigration Act of 1990? a) The Immigration Act of 1990 limited future immigration by implementing stronger border control procedures. b) The Immigration Act of 1990 provided amnesty to certain groups of aliens living illegally in the United States at the time. c) The Immigration Act of 1990 authorized a green card (permanent residence card) for any undocumented worker who already held a full-time job in the United States. d) The Immigration Act of 1990 placed caps on the number of visas (entry permits) that can be issued to immigrants each year.
d) The Immigration Act of 1990 placed caps on the number of visas (entry permits) that can be issued to immigrants each year.
How would a customer preference for women attendants in the women's restroom or locker room be judged under employment discrimination? a) This request would qualify as a business necessity. b) It would not be discriminatory against a protected class. c) The law does not allow for discrimination defenses for gender. d) The gender preference could be a BFOQ.
d) The gender preference could be a BFOQ.
Bly and Ahmik are partners in a sandwich shop. They have been struggling for the last couple of years and, finally, decide to close the sandwich shop and dissolve the partnership. During the winding-up process, Ahmik spends most of his time pursuing his next venture, so Bly is handling most of the work involved in collecting and preserving partnership assets and paying the debts of the partnership. If Bly requests payment for his services in winding up the partnership: a) he is not entitled to payment for those services, because it is part of his duty as a partner. b) he is not entitled to payment for those services, because he receives a share in the partnership profits. c) he is entitled to payment for those services only if the partnership agreement provides for it. d) he is entitled to payment for those services.
d) he is entitled to payment for those services.
A sole proprietorship differs from a limited liability company (LLC) in: a) the minimum number of owners. b) ability to earn a profit. c) how stock is sold. d) the documentation required for formation.
d) the documentation required for formation.
Employment at-will exceptions
Contract Theory, Tort Theory, Public Policy
Which of the following workers are generally NOT eligible for workers' compensation? Select 3 answers. a) Construction workers b) Temporary workers c) Agricultural workers d) Domestic workers
b, c & d
What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. a) Reinstatement. b) Criminal charges. c) Lost wages. d) Lost benefits.
c & d
Which of the following requires a filing with the state in order to be created? Select 2 answers. a) General partnerships b) An LLC c) Sole proprietorships d) A corporation
b & d
A sole proprietorship has flexibility in decisions regarding: (Choose 2 answers.) a) pricing of services or goods sold. b) how the business is taxed. c) how much stock is sold. d) when to schedule vacation.
a & d
Remedies for violating FMLA
1. Damages for lost wages and benefits, denied compensation, and monetary losses up to an amount equivalent to the employee's wages for 12 weeks. 2. Job reinstatement. 3. Promotion, if a promotion was denied.
FMLA requires employers covered by the act to: (Select 2 answers) a) allow the qualified employee to continue on the workers' health insurance plan provided by the company. b) return the employee to their same position upon return from leave. c) provide up to 12 weeks of unpaid leave in one year for qualified employees. d) provide up to 12 weeks of paid leave in one year for qualified employees.
a & c
Family and Medical Leave Act (FMLA)
U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.
Under the Civil Rights Act of 1964, which of the following are illegal if applied to a member of a protected class? Choose 2 answers. a) hostile environment and retaliation b) merit system and seniority c) affirmative action and quotas d) disparate treatment and disparate impact
a & d
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? Choose 2 answer choices. a) Retaliation. b) Disparate impact. c) Disparate treatment. d) Title VII does not apply to this situation. e) Hostile work environment.
a & e
Which statement is true about creating a sole proprietorship? a) No documentation is required to create a sole proprietorship. b) The owner of a sole proprietorship must file an official record of the business name with the secretary of state's office. c) There is a waiting period of 30 days between opening the business and the time a sole proprietorship becomes official. d) The members of a sole proprietorship must write and sign an operating agreement.
a) No documentation is required to create a sole proprietorship.
Which of the following is required to create a sole proprietorship? a) Nothing b) Filing Articles of Organization with the secretary of state c) An intention between two or more people to run a business d) Filing Articles of Incorporation with the secretary of state
a) Nothing
Roy owns an engine repair shop, Roy's Custom Repair. Roy's customer Floyd is in the shop one day and trips over a tool lying on the ground. Floyd hits his head on the concrete floor and sustains massive injuries. Floyd sues Roy's Custom Repair for his injuries. If Floyd's lawsuit is successful, Floyd can recover from: a) Roy's Custom Repair and Roy personally. b) Roy only. c) Roy, but only to the extent of Roy's capital investment in Roy's Custom Repair. d) Roy's Custom Repair only.
a) Roy's Custom Repair and Roy personally.
You plan to open a tattoo parlor, and you are trying to decide the best form of business entity to use. You decide on a sole proprietorship (a solely-owned business), because you want all the profits from the business and you don't want anyone telling you how to run your business. Do you think there might be any disadvantages to creating your tattoo parlor as a sole proprietorship? a) Yes. As a sole proprietor, you can be held personally liable for all the business's debts, and your options for raising capital will be limited. b) Yes. As a sole proprietorship, you will have to file numerous forms with the government to create your business. c) Yes. As a sole proprietor, you will have to file a separate business tax return, which means you will have to pay taxes twice. d) No. Because you are the only one involved in the business, there are no drawbacks to creating it as a sole proprietorship.
a) Yes. As a sole proprietor, you can be held personally liable for all the business's debts, and your options for raising capital will be limited.
Onida is an employee at Kale's Manufacturing Company. The company makes bicycle tires, and Onida's job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale's Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely: a) be successful because she was fired for an unlawful reason. b) be successful because employment at will means that a company must have a valid reason for terminating an employee. c) be unsuccessful because she refused to follow her supervisor's directions. d) be unsuccessful because employment at will means that an employee can be fired at any time for any reason.
a) be successful because she was fired for an unlawful reason.
Gerald has been a sales representative for Goldsmith's Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith's for wrongful termination, he will likely: a) be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level. b) not be successful because the promise from the general manager was not in writing. c) not be successful because employment at will means that an employee can be fired at any time for any reason. d) be successful because employment at will does not mean that an employee can be fired at any time for any reason.
a) be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.
Ben and Jerry are partners in an ice cream shop. They both work in the ice cream shop and share profits and expenses equally. Jerry thinks that expanding their ice cream shop to include a soda fountain would attract more customers. Without getting Ben's approval on the deal, Jerry signs a contract with the construction company to begin building the soda fountain. When Ben finds out, he is furious and says that he will not be responsible for payment under the contract. The construction company can enforce the contract against: a) both Ben and Jerry. b) neither Ben nor Jerry. c) Ben only. d) Jerry only.
a) both Ben and Jerry.
Ellie, Josie, and Dylan are partners in a car dealership. Ellie gives notice to Josie and Dylan that she wants to withdraw from the business. As a result of Ellie leaving the partnership, Josie and Dylan: a) can either continue the partnership without Ellie or agree to dissolve the partnership. b) can only dissolve the partnership if the partnership agreement states that it must dissolve when a partner dissociates. c) must dissolve the partnership. d) must continue the partnership unless they get a court order to dissolve the partnership.
a) can either continue the partnership without Ellie or agree to dissolve the partnership.
FMLA applies to: a) employers with 50 or more employees. b) employers who maintain a paid medical leave program. c) government employers. d) employers with 25 or more employees.
a) employers with 50 or more employees.
Johnson lives near Dollywood, a popular theme park in Tennessee. Johnson decides to begin a new money-making venture selling screen printed t-shirts from a booth just down the road from the theme park to take advantage of the traffic that flows by on its way to the park. Johnson's t-shirts, however, will not be Dollywood-themed t-shirts; they will be Johnson's own creations. Johnson's daughter Susan helps him in his new venture by manning the booth from time to time, but Johnson has total control over everything about the business—from ordering the t-shirts, paying the bills, pricing the t-shirts, paying the taxes on his sales, and receiving all the profits from the venture. Even though Johnson put no thought into what kind of business venture he was creating when he started his business, Johnson has effectively created a: a) sole proprietorship. b) corporation. c) limited liability company. d) franchise.
a) sole proprietorship.
The simplest form of business to establish is a: a) sole proprietorship. b) limited liability company. c) corporation. d) partnership.
a) sole proprietorship.
At the federal level, the primary legislation that protects workers from dangerous conditions on the job is: a) the Occupational Safety and Health Act (OSHA). b) the Accidental Injury Compensation Act (AICA). c) the Workers' Compensation Act (WCA). d) the Social Security Act (SSA).
a) the Occupational Safety and Health Act (OSHA).
Ellie, Josie, and Dylan are partners in a car dealership. Ellie gives notice to Josie and Dylan that she wants to withdraw from the partnership, and Josie and Dylan decide to continue the partnership without her. Shortly after Ellie leaves the partnership, she has lunch with an old friend, Justin. Justin has been looking for a new car and asks about the price of a particular car he saw on the website of the dealership, because he does not know that Ellie has left the partnership. Instead of telling Justin that she has left the partnership, Ellie quotes Dylan a price for the car, and Dylan accepts. When Dylan goes to the car dealership to complete the deal: a) the dealership must honor the deal unless it has provided Dylan notice of Ellie's dissociation. b) the dealership is not required to honor the deal whether or not it has provided Dylan notice of Ellie's dissociation. c) the dealership must honor the deal and reinstate Ellie as a partner. d) the dealership is not required to honor the deal because Ellie is no longer a partner.
a) the dealership must honor the deal unless it has provided Dylan notice of Ellie's dissociation.
Fritz applies for a job as a waiter at Mexico Cantina. Three positions are available, but he is not hired for any of them. Fritz inquires about his application and is informed by the restaurant manager that they could not hire him because he is not Hispanic. Fritz is told that Mexico Cantina wants its patrons to experience an authentic Mexican dining event in its restaurant, so Mexico Cantina will only hire female Mexican wait staff, who are then required to dress in traditional Mexican outfits. Fritz sues for employment discrimination, claiming that Mexico Cantina discriminated against him because he is not Hispanic. Mexico Cantina responds to the lawsuit by claiming that being female and Hispanic are bona fide occupational qualifications (BFOQ). Fritz will probably: a) win the lawsuit because race is not a bona fide occupational qualification. b) lose the lawsuit because race is a bona fide occupational qualification. c) win the lawsuit because gender is a bona fide occupational qualification. d) lose the lawsuit because gender is a bona fide occupational qualification.
a) win the lawsuit because race is not a bona fide occupational qualification.
The role of the Equal Employment Opportunity Commission (EEOC) is to: (Choose 3 answers.) a) investigate charges of discrimination against employers. b) fairly and accurately assess the allegations in a charge of discrimination and make a finding. c) set salaries for upper-level management of large companies. d) file a lawsuit to protect the rights of individuals and the interests of the public.
a, b & d
What are three ways that state workers' compensation claims are funded? Choose 3 answers. a) Employers pay into a state-run insurance plan, and claims are paid by the insurance. b) Employers are self-insured and pay claims out of company funds. c) Employees purchase an optional injury insurance plan through the company and claims are paid through that insurance. d )Employers pay into a privately-run insurance plan, and claims are paid by the insurance.
a, b & d
What categories are protected by the Equal Employment Opportunity Commission (EEOC)? Choose 3 answers. a) genetic information b) gender identity c) education level d) national origin
a, b & d
Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers. a) the "Fair Labor Standards Act" poster b) the "Family and Medical Leave Act" poster c) the "Fire Escape Routes" poster d) the "Job Safety and Health Protection" poster
a, b & d
If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use? Choose 3 answers. a) The pay disparity is based on seniority, not gender. b) The pay disparity is based on the greater family responsibility borne by women. c) The pay disparity is based on any factor other than gender. d) The pay disparity is based on merit or output.
a, c & d
Child Labor: Under the age of 14
allowed to do certain types of work. They can deliver newspapers, work for their parents, and be employed in entertainment and (with some exceptions) agriculture.
Why are seniority systems beneficial? Choose 2 answer choices. a) Seniority systems can hold back top performers. b) Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues. c) Seniority systems encourage employee loyalty to the employer. d) Seniority systems are more difficult to administer, but they offer more opportunities for hiring employees.
b & c
What are the main provisions of the Immigration Reform and Control Act (IRCA) enacted in 1986? Choose 2 answers. a) The IRCA made children of undocumented immigrants automatically American citizens. b) The IRCA made it illegal to hire, recruit, or refer for a fee someone not authorized to work in the United States. c) The IRCA limited future immigration by implementing stronger border control procedures. d) The IRCA provided amnesty to certain groups of immigrants living illegally in the United States at the time.
b & d
Which of the following are advantages of operating as a sole proprietorship? Choose 2 answers. a) The business may conduct an initial stock offering once it has made a profit in four consecutive quarters. b) Forming a sole proprietorship is simple and relatively inexpensive. c) The owner is not personally liable for business debts if the business is officially registered. d) Sole proprietorships are not taxed.
b & d
Where do the funds to pay out workers' compensation claims come from? a) Business contributions to a federally held fund b) Business contributions to a state held fund c) Businesses form alliances and hold funds in joint savings accounts. d) Businesses must maintain privately held savings accounts.
b) Business contributions to a state held fund
What is the combination of factors that sets sole proprietorships apart from all other business entities? a) sharing the workload, along with ease of formation b) ease of formation, along with receiving all of the profit c) ease of formation, along with limited liability d) limited liability, along with flexibility in taxation
b) ease of formation, along with receiving all of the profit
Employers are not required to make accommodations for employees: a) if the employer determines that the employee is not entitled to accommodation. b) if that accommodation causes an undue hardship on the business. c) if that accommodation is a burden on the employer. d) ever.
b) if that accommodation causes an undue hardship on the business.
Myra owns a tanning salon called Bronze Beauties as a sole proprietorship. Myra has six employees who work at the salon. Myra contracts COVID-19, and, after battling the disease for six weeks, Myra dies, leaving behind a spouse and three children. Upon Myra's death, the Bronze Beauties tanning salon: a) passes to her spouse. b) is automatically dissolved. c) passes to her three children. d) is automatically owned by her employees.
b) is automatically dissolved.
In order to capitalize a sole proprietorship, an owner is likely to: a) sell stock. b) pay out of their own pocket or undertake personal debt. c) take out a bank loan without a personal guarantee. d) sell membership shares.
b) pay out of their own pocket or undertake personal debt.
The faculty at Hopeland University have always been predominantly white. Concerned that it may be discriminating against potential nonwhite faculty members, Hopeland institutes an affirmative action program that provides that fifty percent of any new faculty positions at the university will be reserved for nonwhite applicants. Clara, who is white, applies for a faculty position at Hopeland. The position is given to a black applicant, even though Clara has more teaching experience and higher educational credentials. When Clara challenges the hiring decision by claiming that the Hopeland University affirmative action program violates the Equal Protection Clause of the Fourteenth Amendment: a) she may be successful because the Hopeland University affirmative action program does not use quotas. b) she may be successful because the Hopeland University affirmative action program uses quotas. c) she will not be successful because the Hopeland University affirmative action program uses quotas. d) she will not be successful because the Hopeland University affirmative action program does not use quotas.
b) she may be successful because the Hopeland University affirmative action program uses quotas.
Which of the following are TWO disadvantages of a sole proprietorship? Select 2 answers. a) ease of formation b) ease of tax filing c) personal liability for debts d) limited capital
c & d
Which of the following is the most important distinction between employee status and independent contractor status? a) An employee has a high degree of skill and a specialized job. b) An employee uses the employee's own tools for doing his or her work. c) An independent contractor controls the details of his or her day-to-day work activities. d) An independent contractor has a company name.
c) An independent contractor controls the details of his or her day-to-day work activities.
An employer requires a college degree to work in any position in the company. What part of Title VII could apply? a) Disparate impact. b) Retaliation. c) Disparate treatment d) Title VII does not apply to this situation. e) Hostile work environment.
c) Disparate treatment
The Equal Protection Clause applies to which parties? a) Private employers. b) All employers. c) Governmental employers. d) All parties, whether employers or otherwise.
c) Governmental employers.
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? a) Strict scrutiny. b) Rational basis test. c) Intermediate scrutiny. d) The Equal Protection Clause does not apply to this employer.
c) Intermediate scrutiny.
Bernard and Hilda have both worked for Home Refinance Inc. for many years. Bernard has been with the company for fifteen years, and Hilda has been with the company for nine years. Both Bernard and Hilda are loan managers for the company, so they perform the exact same duties. Hilda discovers that Bernard's salary is twenty percent higher than hers. She cannot believe that she is paid less for the same job just because she is a woman. If Hilda sues the company over the disparity in pay, Hilda's lawsuit will likely: a) fail because companies do not have to pay men and women the same salary. b) succeed if Hilda can get their paycheck stubs admitted into evidence. c) fail if Home Refinance can prove the difference in pay is due to Bernard's seniority. d) succeed because companies must pay men and women the same salary for the same work.
c) fail if Home Refinance can prove the difference in pay is due to Bernard's seniority.
Tala operates Sunshine Event Planning as a sole proprietorship. Lately, Tala has become dissatisfied with her employee Leon. Leon continually refuses to follow directions, calls in late to work, and generally is not performing up to Tala's standards. Before Tala can fire Leon, she must obtain approval from: a) the partners of Sunshine Event Planning. b) the shareholders of Sunshine Event Planning. c) no one. d) the Board of Directors of Sunshine Event Planning.
c) no one.
Evelyn decides to open a business selling her one-of-a-kind cupcakes. Evelyn will be the sole owner of the business, although she will have a couple of employees. Evelyn plans to operate the business under the name "Cupcake Dreams." To legally operate her business, Evelyn will need to: a) do nothing because it is a sole proprietorship. b) file an operating agreement. c) register her business name. d) file a certificate of organization.
c) register her business name.
Maya is an undocumented alien. She wants to provide her family with a good life in the United States, so she moves to a small town in West Virginia with her two daughters, Anita and Luisa. When school starts, she goes to the local elementary school to register the children. The principal of the school denies her request to enroll the children in school based on a West Virginia statute that authorizes school districts to deny enrollment to undocumented aliens. The principal's action in denying access to an education for the two children based on their status as undocumented aliens: a) violates the Equal Education Clause of the Fourteenth Amendment. b) violates the Due Process Clause of the Fourteenth Amendment. c) violates the Equal Protection Clause of the Fourteenth Amendment. d) does not violate the Equal Protection Clause of the Fourteenth Amendment.
c) violates the Equal Protection Clause of the Fourteenth Amendment.
Bill and Mark have lived together for twenty years, and they finally decide to get married. Three days after their marriage, Bill returns to his job at Hometown Furnishings. When his supervisor finds out that Bill has just gotten married to a man, she immediately fires Bill. Bill is devastated; he has worked for Hometown Furnishings for five years and never had an issue of any kind. The next day, Bill and Mark go to see an attorney to discuss Bill's options. The attorney will likely advise Bill that: a) Hometown Furnishings firing him is reverse discrimination and, therefore, illegal. b) Hometown Furnishings could fire him for any reason, based on the principle of employment at will. c) Hometown Furnishings firing him is a violation of the Lily Ledbetter Fair Pay Act. d) Hometown Furnishings firing him because he is gay violates the Civil Rights Act of 1964.
d) Hometown Furnishings firing him because he is gay violates the Civil Rights Act of 1964.
Which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy? a) the Feminist Equality Act b) the Equal Pay Act c) the Insurance Availability Act d) The Pregnancy Discrimination Act
d) The Pregnancy Discrimination Act
You are an experienced server and have worked at many restaurants. An English pub is opening in town and is seeking waiters and waitresses. You are interested in applying, but the job description states, "Seeking people of British nationality only." Even though you are not British, you apply for the job. You are invited to an interview. While there, the restaurant manager thanks you for your interest, but says she will not hire you because you are not British. The manager explains she wants to hire British servers because, in her opinion, they will best portray the theme of the restaurant as an authentic English pub. Has the restaurant violated any anti-discrimination laws? a) Yes, the restaurant must hire the first applicant with experience as a server. b) No, a restaurant can refuse to hire on any grounds. c) No, the restaurant has the defense of bona fide occupational qualification. d) Yes, the restaurant has discriminated on the basis of national origin.
d) Yes, the restaurant has discriminated on the basis of national origin.
Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin's face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin's injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin's work-related injury with the Occupational Safety and Health Administration (OSHA) within: a) forty-eight hours. b) one week. c) eight hours. d) twenty-four hours.
d) twenty-four hours.
Mateo is sixteen years old and just got his first job bagging groceries at Harry's Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry's Market increases Mateo's hours to six days a week and eight hours a day. Mateo's mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo's supervisor, Mateo's supervisor explains to Isabel that: a) under the FLSA, children under eighteen must work less than forty hours per week. b) under the FLSA, children under eighteen must work less than thirty hours per week. c) under the FLSA, children under eighteen must work less than thirty-five hours per week. d) under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.
d) under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.
Jerry Hall and Lawrence Vaught practice law in the same building. They share equally in the overhead expenses, such as rent and utilities, required to keep the business running. Both Jerry and Lawrence handle their own cases, consult and accept their own clients, and purchase their own advertising. Jerry and Lawrence do occasionally handle a case together, and they have stationery that says "Hall and Vaught" on the letterhead. They each have their own stationery as well. Jerry and Lawrence keep their finances separate, except when they handle a case together; then, they split the proceeds equally. When a client of Jerry's becomes dissatisfied and sues Jerry for malpractice, she sues Lawrence as well. In deciding whether or not a partnership exists here, the court will look at: a) whether Jerry and Lawrence share profits and losses in the business. b) whether Jerry and Lawrence list themselves as partners on their letterhead. c) whether Jerry and Lawrence have signed a partnership agreement. d) whether Jerry and Lawrence share profits and losses, whether they own the business jointly, and whether they have an equal right to be involved in the management of the business.
d) whether Jerry and Lawrence share profits and losses, whether they own the business jointly, and whether they have an equal right to be involved in the management of the business.
