Ch 10 & 11

which of the following are not part of the National Labor Relations Act (NLRA)? - Right for workers to organize for purposes of forming a union. - Right for workers to refuse overtime hours. - Right for workers to walk off the job on the basis of safety. -Right to compensation for work-related injuries.

- Right for workers to refuse overtime hours. - Right for workers to walk off the job on the basis of safety. -Right to compensation for work-related injuries.

The National Labor Relations Act (NLRA) guarantees workers which of the following? - Right to use economic weapons such as a strike. - Right to demand a vote on all business decisions. - Right to engage in collective bargaining. - Right to two weeks paid vacation per year.

- Right to use economic weapons such as a strike. - Right to engage in collective bargaining.

The Fair Labor Standards Act (FLSA) provides protections for all employees - including professional and management-level employees.

False

The employment-at-will doctrine permits an employer to terminate an employee subject to a collective bargaining agreement (CBA) without advance notice and just cause.

False

Under the National Labor Relations Act (NLRA), all union employees, regardless of occupation, have the unrestricted legal right to commence and carry out a strike.

False

Under the duty of obedience, an agent must carry out all instructions of the principal, even if those actions are illegal.

False

An agent that incurs expenses on behalf of her principal in the scope of her agency is entitled to what?

Reimbursement

Ronaldo works at the Niagara Coffee Shop from Tuesday to Saturday. He works 36 hours a week at a rate of $10 per hour. One Friday, Ronaldo's boss asks him to stay late and work two extra hours. According to the Fair Labor Standards Act (FLSA), which of the following statements is most likely to be true in this scenario?

Ronaldo will not receive overtime pay.

The duties an agent owes to the principal are collectively known as "fiduciary duty".

True

Which of the following are included in the Fair Labor Standards Act (FLSA)? - Minimum wage. - Time off for illness. - Retirement benefits to workers. - Rate for overtime compensation.

- Minimum wage. - Rate for overtime compensation.

Which of the following are remedies available to the principal when an agent has breached the duty of loyalty? - Rescission - Disgorgement - Disclosure - Disposal

- Rescission - Disgorgement

The principal has a duty to ___________ and ___________when an agent acts on behalf of its principal, or the agent incurs expenses, makes payments, suffers an injury, or causes damages to a third parties if the agent is outside the scope of their employment.

reimburse; indemnify

Liability for principals of agents who are classified as employees is derived from the doctrine of ______________________.

respondeat superior

Chung authorizes his agent, Greenberg, to negotiate the sale of a new warehouse. Chung changes his mind and informs Greenberg via e-mail he is not authorized to sell the warehouse. The agency relationship is terminated through ___________.

revocation

Workers who are injured in the workplace are guaranteed a continuous income by which of the following?

workers' compensation statutes

Which of the following positions are exempt from coverage from the FLSA? - Attorney - Insurance adjuster - Accountant - Supermarket cashier

- Attorney - Insurance adjuster - Accountant

Which of the following are remedies available to the principal when an agent has breached the duty of loyalty? - Retroaction - Disgorgement - Disclaimer - Rescission

- Disgorgement - Rescission

Which of the following lists the correct broad classifications of agents? - Employee agents - Independent contractor agents - Sports agents - Gratuitous agents

- Employee agents - Independent contractor agents - Gratuitous agents

Which of the following are not protections included in the Family Medical Leave Act (FMLA)? - Employers are prohibited from taking adverse job action because of a leave. - Employees are guaranteed employment in the same or similar job upon returning from a leave. - Employees do not need any documentation to be eligible for a leave. - Employers are prohibited from terminating an employee for three years upon return from a leave.

- Employees do not need any documentation to be eligible for a leave. - Employers are prohibited from terminating an employee for three years upon return from a leave.

Which of the following do not fall under the authority of the National Labor Relations Board (NLRB)? - Enforcement of wage and hour laws. - Monitor union elections for fraud. - Set guidelines for employers and unions regarding fair labor practices. - Issue permits for unions voting to strike.

- Enforcement of wage and hour laws. - Issue permits for unions voting to strike

Which of the following positions are exempt from coverage from the FLSA? - Engineer at a manufacturing firm - Attorney - Customer service representative - Office building receptionist

- Engineer at a manufacturing firm - Attorney

Which of the following are duties owed by an agent to the principal? - Reimbursement - Loyalty - Obedience - Disgorgement

- Loyalty - Obedience

In the early 1800s, the federal government passed legislation to protect employees from corporate abuses based, in part, on the increased political power of immigrant groups.

False

On Monday, Wagner sends his agent, Franz, a check for $20,000 with instructions to purchase a delivery truck for Wagner's business. On Tuesday, in order to cover a pending personal bill, Franz deposits the $20,000 in his own account with the intent to replace the funds with a loan from his credit union. On Friday, Franz replaces the money and purchases the truck. Franz violated what fiduciary duty?

Accounting

Wagner wires his agent, Franz, a $50,000 deposit with instructions to buy a rare stamp collection. Franz has a large personal credit card bill due, so he deposits $10,000 of Wagner's money into his personal account to temporarily cover the bill. Which fiduciary duty has Franz breached?

Accounting

Which of the following are specifically exempted from coverage by the National Labor Relations Act (NLRA)?

Airline employees

Christina hires Erick to provide a full analysis of the company's accounting records. Erick agrees to have the analysis complete within six months and he submits a monthly invoice for work performed. Which best describes Erick's agency classification?

An independent contractor, because he sets his own schedule and submits a monthly invoice.

Patrick hires Meredith to give consulting advice on increasing efficiency of shipments made from the company's central delivery center. Meredith agrees to achieve deadlines by working 20 hours per week at her own discretion, and she submits a monthly invoice for work performed. Which best describes Meredith's agency classification?

An independent contractor, because she sets her own schedule and submits a monthly invoice.

ConElectric Inc. is a consumer electronics company. Arnold is a procurement officer and ConElectric agent who procures components from suppliers on the company's behalf. ConElectric recently terminated Arnold's contract but did not inform the suppliers. After his termination, Arnold pretended that he was still working for ConElectric, collected components from suppliers, and absconded without paying. In the context of termination of the agency relationship, which of the following statements is most likely to be true?

ConElectric is liable to the suppliers for Arnold's actions because it did not notify the suppliers about his termination.

If a labor union chooses not to bring a union member's employee grievance to arbitration, the aggrieved union member is normally authorized to sue the employer to enforce contract provisions.

False

If a court orders the agent to return funds earned as a result of breaching their duty of loyalty to the principal, this is known as_____.

Disgorgement

If the agency relationship is undisclosed, the agent is liable to the third party if they fail to perform.

False

In determining whether the parties consented to form an agency relationship, courts look to the parties' subjective intent as definitive.

False

Corrie owns an apartment building and hires Justin to be the full-time manager. His duties include collecting rent, day-to-day maintenance, and handling tenant complaints. What category does Justin fall into?

Employee (agent)

Employers are generally held liable for the tortious acts their employees commit on their way to and from work.

False

Paul's company installed keystroke detection software on his company-owned computer. When Paul's manager informs him of the company's action, Paul is furious because he believes his employee privacy rights were violated. Is Paul correct or incorrect?

Incorrect, because employers may monitor employee's use of company-owned computers.

A manufacturing company manufactures summer beach gear and clothing for retail stores. In January, management and labor began to negotiate a new union contract. As negotiations dragged into March, the union threatens to strike. Management becomes concerned that a pre-summer season strike would damage profitability to the point where the company would be devastated. Management decides to shut down the business and layoff all employees until the union agrees to bargain in good faith. Which of the following describes management's actions?

Legal, as a lockout.

In addition to any pension or savings retirement income, workers are entitled to retirement payments from the federal government through the ___________________.

Social Security Act (SSA)

Typically, an agent's power to bind is through ____________, which arises either when the parties expressly agree to create an agency relationship or through implication.

actual authority

Agency is a legal relationship in which the parties agree, in some form, that one party will act as a(n) _________ for another party, called the ________, subject to the control of a principal.

agent, principal

An agent may also gain power to bind the principal from the appearance of legitimate authority to a third party known as _________________.

apparent authority

Under the Electronic Communications Privacy Act (ECPA), employers _____.

do not have the right to monitor employees' personal calls in the workplace.

Employers have __________ obligation to rehire striking workers or provide retroactive pay in cases of a strike for economic reasons.

no legal

The first step in establishing an agency relationship is that the _________ must _________ an offer to form an agency.

principal; manifest

A common form of agency arises in a(n) ____________.

employer-employee relationship

The ____________ is a deep-seated common law rule that exists in some form in every U.S. jurisdiction.

employment-at-will doctrine

The principal and agent may be either individuals or __________________.

entities

Johnson has been injured and is out of work. Chung hires Greenberg to negotiate the sale of a new warehouse on Johnson's behalf. Greenberg successfully negotiates the sale and completes the transaction. Johnson has returned to work. The agency's relationship with Greenberg is terminated through ___________.

expiration

The NLRA requires that both parties to a bargaining agree engage in _________ negotiations.

good faith

An agent's duty to account includes all of the following, except

intermingling the principal's funds or property with the agent's own accounts or possessions.