BLAW Exam 4 (Ch. 17, 18, & 19)

What is the term for the act of terminating an agency relationship? Choose 2 answers.

- renunciation, if done by the agent - revocation, if done by the principal

The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the:

National Labor Relations Act (NLRA).

What must a principal do to terminate an agency at will?

Simply notify the agent of the termination.

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

Up to 12 weeks of unpaid time off

Is a principal liable for the tortious actions of the principal's agent?

Yes, but the agent must reimburse the principal.

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

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

When is an agent liable on a contract that the agent entered into in the business of the agent's principal? Choose 3 answers.

- When the agent is acting without authority - If the agent entered into the contract in a personal capacity - When the principal is undisclosed

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 three ways that state workers' compensation claims are funded? Choose 3 answers.

- Employers pay into a state-run insurance plan, and claims are paid by the insurance. - Employers are self-insured and pay claims out of company funds. - Employers pay into a privately-run insurance plan, and claims are paid by the insurance.

Which amendments to the U.S. Constitution are the primary source of equal protection provisions in employment law? Choose 2 answers.

- the Fifth Amendment - the Fourteenth Amendment

Who can terminate an agency relationship?

Either the agent or the principal may terminate.

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

The Occupational Safety and Health Act (OSHA).

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

Yes, if the contract requires compensation.

What will terminate an agency relationship? Choose 3 answers.

- lapse of a pre-specified time - achievement of the purpose of the agency - mutual agreement between agent and principal

Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers.

- the "Family and Medical Leave Act" poster - the "Job Safety and Health Protection" poster - the "Fair Labor Standards Act" poster

A worker's status as an employee or independent contractor affects: (Choose 3 answers.)

- the business' taxes. - the business' liability for the worker's actions. - ownership of work created on the job.

Which of the following statements is a provision of the Federal Labor Standards Act (FLSA)?

Under the FLSA, any employee who works more than 40 hours per week must be paid no less than 1.5 times regular pay for all hours worked over 40.

What are the fiduciary duties of an agent to her principal? Choose 3 answers.

accounting obedience loyalty

The Civil Rights Act of 1964 applies to:

companies with 15 or more employees.

To prove a case of disparate treatment, a plaintiff must show: (Select three)

- There is an inference of intentional discriminatory conduct. - She belongs to a protected class. - She suffered adverse employment action.

Employers are not required to make accommodations for employees:

if that accommodation causes an undue hardship on the business.

Which of the following is the most important distinction between employee status and independent contractor status?

An independent contractor controls the details of his or her day-to-day work activities.

Disparate impact means:

The rule on its face is not discriminatory but the outcome is.

The role of the Equal Employment Opportunity Commission (EEOC) is to: (Choose 3 answers.)

- Fairly and accurately assess the allegations in a charge of discrimination and make a finding. - Investigate charges of discrimination against employers. - File a lawsuit to protect the rights of individuals and the interests of the public.

The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.)

- File complaints against employers in response to charges of unfair labor practices brought by employees. - investigate employees' charges of unfair labor practices. - Issue a cease-and-desist order.

If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use? Choose 3 answers.

- The pay disparity is based on seniority, not gender. - The pay disparity is based on any factor other than gender. - The pay disparity is based on merit or output.

What categories are protected by the Equal Employment Opportunity Commission (EEOC)? Choose 3 answers.

- genetic information - gender identity - national origin

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.

- hostile environment and retaliation - disparate treatment and disparate impact

What are the two main benefits of workers' compensation to the injured employee? Choose 2 answers.

- money to help pay medical costs - money to cover wages from missed work time

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.