Law Assessment 3 and 4

the waiters who work for sports time grill receive tips on the job. under the fair labor standards act, sports time is required to pay the wait staff

$2.13 an hour, plus tips, to equal at least the federal minimum wage

title vii of the civil rights act applies to employers and labor unions with at least

15 or more employees

diamonds & gold inc. hires esmé to buy gems and precious metals from various sources on its behalf. in this relationship, diamonds is

A Principle

based on nan's conduct, odel reasonably believes that poppy has the authority to act on nan's behalf even though poppy does not have the actual authority to do so. in this circumstance, poppy has

Apparent Authority

gino applies for a job with hobby company. the employer does not hire him because of his ethnicity, or national origin. this is

Disparate Treatment Discrimination

nonunion workers, and non-striking union workers, do not have the right to cross a picket line of fellow workers engaged in a lawful strike.

False

bricklayers union represents workers of construction inc. the union and the employer bargain in good faith but hold genuine differences of opinion. the union may call a strike

If the union believes that the parties have reached a stalemate

rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to the hosts of banquets and other events. in this capacity, rosario is

Independent Contractor

the purpose of state workers' compensation laws is to establish an administrative process for compensating workers for

Injuries that arise in the course of employment

kyla replaces lomax in his job at motor corporation. lomax believes that he has been discriminated against on the basis of his age. for the age discrimination in employment act to apply

Lomax must be 40 years of age or older

during a strike, unionized employees who picket their workplace

None of the choices

sara believes that she was rejected for a position at tour & travel agency on the basis of her race. sara files a suit against tour & travel under the civil rights act. to establish a prima facie case of employment discrimination, sara must show all of the following except that

Other persons of her race hold similar positions with similar employers

ceramic workers union represents the workers of delta tile llc. the union fails to hold elections for union officers. this most likely violates

The Labor Management Reporting and Disclosure Act

any person can be an agent, regardless of whether he or she has the capacity to contract.

True

employers who provide health insurance to their employees must ensure that the employees' health information is not disclosed to unauthorized parties.

True

if a state law requires employers to give employees one day off per week, an employee who works that one day may be entitled to overtime pay under federal law.

True

manufacturers and suppliers entering into contracts with agencies of the federal government are exempt from federal wage-hour requirements.

True

most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation.

True

private employers are generally free to hire and fire workers at will, regardless of the employees' performance.

True

the immigration act limits the number of legal immigrants entering the united states.

True

when an employee receives tips on the job, federal law requires the employer to pay the employee the difference between the amount of the tips and the federal minimum wage.

True

laura is the only female employee in the maintenance department of motor service inc. her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. this is most likely

a constructive discharge

cady files an employment discrimination suit against durable goods corporation under the civil rights act. if cady shows that durable goods acted with malice or reckless indifference, she may recover

a limited amount of compensation and punitive damages

bey indicates that he is acting as an agent on behalf of an unidentified client—cuisine llc—when he enters into a contract with diners bistro. cuisine is

a partially disclosed principal

qin applies for a job at rocket science inc. he passes a test to determine which applicants are eligible for hiring, but rocket discards the results, and qin is rejected. to support a claim for discrimination against the employer under title vii of the civil rights act, qin must be a member of

a protected class

the uniformed services employment and reemployment rights act applies to

all of the choices

under the equal pay act, an employer can legitimately pay different wages to male and female employees on the basis of

all of the choices

motor parts sales inc. hires nolly to work on its shipping dock, accepting deliveries, and dispatching trucks, and dealing with customers and drivers. with respect to motor parts, nolly is most likely

an agent

rene is a delivery driver for sicilian pasta company. rene does exactly what the company tells her. rene is

an employee

nora works at oil & gas inc. she is a sales representative who works with oil & gas customers. the company closely supervises its sales reps, and dictates their schedules. with respect to third parties, nora is

an employee and agent

game stores inc. employs four hundred workers at three locations in three states. workers who lose their jobs with games have a right to continued health-care coverage under the company's group plan unless they

are fired for gross misconduct

an affirmative action plan may be found to be constitutional if it

attempts to remedy past discrimination

mica is an employee of natural gas company and a member of a union of company employees. under federal law, mica and other union members have the right to

bargain collectively with their employer through represenatives

corporate enterprises inc. provides its employees with a closed, in-house, e-mail system, which the company expressly restricts to business-related interactions. employees who use the system

cannot reasonably expect their interactions to be private

devlin is thirteen years old. under the fair labor standards act, he cannot

cannot work in a hazardous environment

Sources of Contract Law

common law and uniform commercial code

gary drives a truck as an employee for hauling inc. gary would most likely be considered acting outside the scope of her employment if he

crashed into a car at the airport while off duty

beal, a member of a protected class, applies for a job with coffee brew corporation, but fails the company's employment test and is not hired. beal believes that the test has an unintentionally discriminatory effect. if so, this is

disparate-impact discrimination

romero employs supply procurement service as an agent under a written agreement that describes the rights and duties of both parties. this is

express authority

an employee must complete form i-9, employment eligibility verification, within three days of the commencement of employment.

false

an independent contractor is, by definition, an employee because the person's physical conduct is controlled, or subject to control, by the employer.

false

an undisclosed principal is one whose identity is totally unknown by an agent and a third party at the time a contract is made.

false

during collective bargaining, an employer cannot use a lockout to prevent employees from working even if the employer believes that a strike is imminent.

false

the doctrine of respondeat superior imposes liability for an agent's tort on a principal without regard to the personal fault of the agent.

false

the immigration reform and control act provided amnesty to a certain group of aliens living illegally in the united states.

false

the americans with disabilities act applies to workplaces with at least

fifteen workers

under the immigration act, specialty temporary work visas are not available for

foreign workers whos hiring will affect domestic workers

federal overtime provisions apply only after a covered employee works more than

forty hours in a week

federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

gender

myra, a female, and neil, a male, are employees of operation business corporation. myra regularly e-mails sexually explicit images via operation's network to neil, who finds the images offensive. this is most likely

hostile work environment harrasment

investment corporation wants to monitor business communications on phones that the employer provides to the employees. the employer's best course of action to avoid liability under laws related to employee monitoring is to inform

it's employees

heber, irma, and jon apply to work for kitchen chicken inc. in louisiana. these individuals' eligibility to work must be verified by

kitchen chicken

financial accountants p.a. is a private employer. in most circumstances, federal law generally prohibits financial from subjecting its employees to

lie-detector tests

a majority of the workers at packing & shipping inc. sign authorization cards. union organizers present the cards to the firm and ask for formal recognition of the union. the employer quizlet

may voluntary recognize the union, but is not required to do so

ben takes temporary family leave from his job at car sales company to care for a newborn baby. with respect to the employee's health-care coverage, during the leave, under the family and medical leave act, the employer quizlet

must continue it

a key provision of the employee retirement income security act (erisa) concerns vesting. vesting gives an employee who stops working a legal right to receive

pension benefits

riverside resort replaces sharon, a forty-five-year-old employee, with terry. sharon files a suit against the employer under the age discrimination in employment act. to establish a prima facie case, she must show, among other things, that she is

qualified for the position

olive is a supervisor for pasta garden, a restaurant. qui is a pasta garden employee. the owner announces that some employees will be discharged. olive tells qui that for sexual favors, she will give him an excellent performance review and recommend a raise. this is

quid pro quo harrassment

fresh food packing inc. employs 1,800 workers in its storage, packing, and shipping facilities. employees who lose their jobs with fresh food are not eligible for unemployment compensation if they

quit their jobs voluntarily

luke takes temporary family leave from his job at metal works corporation to arrange for child care and deal with financial and legal matters when nancy, his spouse, a u.s. marine on active duty, is deployed overseas. on luke's return from the leave, metal works must

restore him to his same position or company

the employees of beverage bottling company designate cola cappers union as their bargaining representative. beverage refuses to bargain with the union. this most likely violates

the Labor Management Relations Act

jon, a paraplegic, applies for a broadcaster's job with a radio station. the manager says, "you meet all our requirements. but we need someone who can move around the studio without accommodation." most likely, jon could recover from the station under

the americans with disability

bakery llc hires cora to sell the company's products in a certain area. the company agrees to pay cora a salary, plus commission, for a trial period. they also agree that she can sell using any methods and during any hours that seem appropriate. the key factor in whether cora is an employee is

the degree of the employers control over the details of work

energy company employs fred to negotiate the purchase of mineral rights for future mining projects. fred secretly buys some of the property and sells it to energy at a profit. fred has breached

the duty of loyalty

larry is an agent for mary. she gives him clear instructions to enter into contracts on her behalf only on mondays, wednesdays, or fridays. he enters into a contract on her behalf on tuesday. larry has breached

the duty of obedience

compliance with title vii of the civil rights act is monitored by

the equal employment opportunity commission

interstate commodities 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

the federal government

retail store inc. is located in seattle, washington, where the city and the state have minimum wage laws. retail pays its starting employees the legal minimum rate, which, among the governing laws, is

the highest min wage

vim applies for a job at welding inc. she passes a test to determine which applicants are eligible for hiring, but welding discards the results, and vim is rejected. to successfully defend against a claim for discrimination under title vii of the civil rights act, the employer must show that

the practice in question was justified

the family and medical leave act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

to go on extended vacation

the greater the employer's control over the work, the more likely it is that the worker is an employee.

true

the immigration reform and control act provided amnesty to a certain group of aliens living illegally in the united states.

true

berry farm inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. under federal immigration law, berry farm can hire illegal immigrants

under no circumstances

salsa 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

up to twelve weeks

the affordable care act requires most employers with fifty or more full-time employees to offer health-insurance benefits. under the act's 50/30 rule, qualified employers who fail to provide insurance

will be fined for each employee after the first day