Busi 301 Week 3

The formal process to certify a union begins when the _____ sets a date for an election.

NLRB

An employer may discipline an employee for ______ so long as the employer is in compliance with the employer's general practices

misconduct

The Family Medical Leave Act, or FMLA, allows employees to take leave to care for family members without losing their:

job

The party whom the agent is acting on behalf of in an agency relationship is the: ____.

principal

Instead of suing their employers for job-related injuries or illnesses, workers are protected by: ______.

workers' compensation.

Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act are laws designed to address _____ communication

workplace

If an agent's breach of duty resulted in a principal becoming liable to a third party, then the agent must: ______.

indemnify and hold the principal harmless

An agency relationship may be terminated by operation of:

law

Reference checks and criminal background checks are steps employers can take to shield themselves from the liability imposed by the: ______.

negligent hiring doctrine

In a fully disclosed agency transaction, which of the following is liable to the third party?

principal

As a general rule, an employee's right to ______ in the workplace is ______.

privacy limited

Race, color, national origin, gender, and religion are classifications of _____ classes.

protected

Drug and alcohol testing of employees is typically governed by _____ law rather than federal law.

state

In the Adarand Constructors v. Pena, case the Supreme Court ruled that state and local government affirmative action plans in race-based or gender-based preferences for hiring contractors would be subject to the ______ standard.

strict scrutiny

An employer is ______ liable for the harassing acts of a supervisor if the harassment culminates in a(n) _____.

strictly, tangible employment action

Ending the agency relationship is referred to as: ______.

termination

If employers are required by the PPACA to cover their employees with health care insurance, and choose not to: ______.

they must pay a fee to the government instead

The National Labor Relations Act (NLRA) regulations prohibit employers from using _____ of termination or demotion if employees vote for unionization.

threats

True or false: When defining 'substantially younger' under the ADEA, many courts follow the general rule that the age difference must be at least 10 years in order to qualify as substantially younger.

true

A group of employees with common interests may form a collective bargaining ______ to deal with labor-management issues.

unit

The ADA amendments of 2008 (the ADAA) now includes a requirement that courts make determinations of disabilities without regard to whether the plaintiff: ______.

uses medication or artificial aids

An employee's right to privacy in the workplace is generally: ______.

very limited

The federal law that provides leave for employees to care for family members without losing their seniority or promotions is the: ______.

FMLA

_____ negotiations is a requirement in an employment discrimination claim. This means that the EEOC make good faith efforts in favor of settling the dispute.

Conciliation

Identify the following entities who have passed laws to protect employees.

Congress and state legislatures

The historic common law principle that enables employers to hire or fire employees without prior notice or cause is known as: ______.

at-will employment

So long as a(n) ______ does not fall under one of the exceptions, the employer is insulated from a wrongful termination lawsuit.

at-will termination

Workers' compensation payments are generally made to an injured employee regardless of the employee's _____ for the injury.

fault

The principal may terminate the agreement (thereby revoking her authority for the agent to act in her place), but the termination may still be unlawful because the law did not give the principal the right to end the agreement before mutual performance

True

A(n) ______ orders a party to cease from engaging in a particular unlawful practice or an order compelling a party to act.

injunction

The ADA amendments to 2008 (ADAAA) urges courts to:

interpret the definition of disability more broadly

In many states, if a worker intentionally self-inflicts an injury on the job, he _____ entitled to workers' compensation.

is not

Federal antidiscrimination statutes differ from state statutes that tend to cover more employers, with some states imposing antidiscrimination statutes on small businesses with:

just 1 employee

The duty of _____ requires the agent to advance the principal's interest over the agent's own interests.

loyalty

A(n) _____ provided by the employer that outlines protections not available under at-will employment may create an implied contract.

manual

The ______ imposes an obligation on employers when hiring employees to take reasonable steps to protect third parties from potential harmful contact by employees.

negligent hiring doctrine

In most employer-employee agent relationships, the employer exercises: ______.

substantial direction and control over the employee-agent.

What limits are placed on the worker receiving workers' compensation for a work-related injury or illness?

The employee may not pursue a negligence lawsuit against the employer.

An employee who has been injured on the job no longer has to sue the employer, but will be compensated through the state's _____ compensation program

worker

In addition to acting at all times in the principal's best interests, ______ is always an agent's duty in the agency relationship.

good faith

Under the ADA, before an employer is required to make a reasonable accommodation, the employee must prove that they: ______.

have a covered disability

An agent has the right to be reimbursed and __________ by the principal.

idemnified

FUTA: ______.

is paid for by taxes on employers. is a federal law administered by the states. provides benefits to those who suddenly lose their jobs.

Title VII protection is extended only to those who have been discriminated against based on their membership in a(n) _____ class.

protected

If employees are involved in a work stoppage other than an NLRA-authorized strike, they may be _____ for engaging in an illegal work stoppage.

terminated

True or false: State antidiscrimination statutes sometimes differ substantially from federal laws.

true

The ADA requires employers with _____ or more employees to make reasonable accommodations for disabled employees.

15

Under the Faragher/Ellerth cases, which of the following is true?

The employer must prove the employee failed to take advantage of the preventative or corrective opportunities that were provided.

The common remedy for an agent when a principal breaches a duty owed is:

suing in court for damages.

______ is the process by which the bargaining unit negotiates with management to reach a contract.

Collective bargaining

Which of the following areas of law most often overlap with agency law?

Contracts and torts

The federal administrative agency designed to carry out federal workplace antidiscrimination laws is the

EEOC

Which of the following may be a defense to a workplace discrimination claim?

Employee misconduct

Which of the following makes it unlawful to pay unequal wages to men and women doing the same work?

Equal Pay Act

True or false: The Supreme Court has held that affirmative action requires absolute equality.

False

Identify the broad categories into which agents can be classified.

Independent contractor agents Gratuitous agents Employee agents

The law that provides protections for workers who wish to form labor unions and engage in collective bargaining is the: ______.

NLRA

Affirmative action as it is understood today includes which of the following?

Reevaluation of the effect of selection criteria Special training programs

What is the term used to describe the principal's termination of the agency relationship?

Revocation

The _____ _____ Act, or SSA, provides retirement income from the federal government, paid for by taxes on both employers and employees.

Social Security

Courts use which of the following to analyze the classification of an agent?

Substance-over-form

Federal and state employment regulations are intended to protect employees who have little _____ power on their own.

bargaining

Labor unions negotiate contracts with employers that cover a group of employees and are known as CBAs, or collective _____ ____

bargaining agreement

Some organizations promise to pay workers retirement _____, such as a pension, after the employees work for the company for a certain period of time.

benefits

Courts have made it clear that the Bona Fide Occupational Qualification (BFOQ) defense cannot be used in cases involving:

customer preference. paternalism.

An agency relationship is often referred to as a(n) Blank______ relationship.

fiduciary

The first thing an employee must do when alleging employment discrimination is

file a complaint with the EEOC.

Contract employees may generally be terminated: ______.

for good cause

Sexual harassment falls under ______ discrimination under Title VII.

gender

In Oncale v. Sundowner the Supreme court held that Title VII was: ______.

gender-neutral

Restrictions on child labor are included in the: ______.

implied contract

Manuals, handbooks, or other written guidelines distributed by an employer that provide protections against termination without cause may create:

implied contracts.

Wages, working hours, and working conditions are covered in federal labor _____

laws

Refraining from self-dealing and acting solely for the benefit of the principal are agent requirements under the duty of Blank______.

loyalty

The nonagent employee relationship is referred to as the -----

master-servant relationship.

If the employer's practices and procedures are set forth in a workplace publication, the U.S. Supreme Court has held that the ______ defense is extended to discoveries made after the adverse employment action.

misconduct

An employee should expect that usage of the company's computer system may be

monitored

Employees using company computer equipment and systems have _____right to privacy

no

Strikers who picket the employer's facilities can do the following:

peacefully march outside employer's facilities

A retirement benefit promised by the company to employees after years of service is a(n): ______.

pension

While not required by law, employers may attract good workers by offering a(n) _____ at retirement.

pension

An essential function that a qualified individual can perform includes:

performance of fundamental job duties

Union strikers have the right to demonstrate, also called ______, outside company facilities.

picketing

Private employers are generally prohibited from using _____ tests except to investigate theft or economic losses

polygraph

Which of the following classifications is an example of a protected class?

race

Injunctions, reinstatement of employment, and back pay are examples of: ______.

remedies

Liability for principals of employee agents is derived from the doctrine of: ______.

respondeat superior.

States may enact _____ _____ _____ laws that prohibit requiring union membership for continuing employment.

right to work

When an employee returns from FMLA leave, the employee must be reinstated at the ______ rate of pay.

same

_____ is a form of sexual discrimination prohibited by Title VII in the Oncale case.

same-sex harrasment

The three most common theories and attendant tests under Title VII are sometimes referred to by their case names, including all of the following: ______.

the McDonnell Douglas standard (disparate treatment) the Hopkins standard (mixed motives) the Griggs standard (disparate impact)

Which of the following laws protects against sexual harassment?

Title VII

Which of the following prohibits discrimination in the workplace on the basis of the employee's race, color, national origin, gender or religion?

Title VII of the Civil Rights Act

_____ discrimination includes discrimination in the hiring process, disciplinary action, and overall employee treatment.

Title VII of the Civil Rights Act of 1964.

An employer may hire and employ on the basis of religion, gender or national origin in certain instances when the classification is: ______.

a bona fide occupational qualification.

In some states, a worker is not entitled to workers' compensation benefits if the injury was the result of: ______.

a knowing violation of safety rules. intoxication or illegal drug use.

The Fair Labor Standards Act (FLSA) includes:

a maximum 40-hour work week payment of a minimum wage provisions for overtime pay

A(n) _____ disclosed agency relationship is where the third party is aware of the identity of the principal and knows the agent is acting on behalf of the principal.

fully

Identify the federal protections that the growing labor movement in the early 1900s forced the federal government to legislate.

Unionization Child labor laws The working conditions of industrial employees

A(n) ______ under federal antidiscrimination statutes allow employers to hire or employ on the basis of religion, gender, or national origin.

BFOQ

Which of the following are addressed by federal and state laws concerning the relationship between employers and employees?

Child labor Working conditions Unionization

The Equal Employment Opportunity Commission was created by the: ______.

Civil Rights Act of 1964

Which of the following statutes addresses discrimination in the workplace?

Civil Rights Act of 1964

The Blank______ cases created judicially created an affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

Faragher/Ellerth

Loyalty, obedience, care, disclosure, and accounting are sub-duties of a(n)

Fiduciary duty

Affirmative action in employment began during World War II when President ______ issued an executive order banning racial, religious, and gender discrimination in the defense industry. Multiple choice question.

Franklin D Roosevelt

When an employee returns from FMLA leave, what rights does the employee have regarding pay and position?

The pay must be the same, in the same or a similar position.

If no union exists, a group of employees may form a(n) ______ unit to negotiate with management.

collective bargaining

Groups of employees may be covered by contracts negotiated for them by a labor union, known as: ______.

collective bargaining agreements.

The ability of workers to organize labor unions and engage in ______ is protected by the National ______ Act.

collective bargaining, Labor Relations

______ at-will employment practices may be displaced by federal and state statutes.

common law

If the principal refuses to reimburse the agent, the agent typically can turn to a court to recover: ______

damages

An agency terminated by _____ occurs when property essential to the agency relationship is no longer available.

destruction

When the essential subject matter of an agency relationship is no longer available, termination occurs by: ______.

destruction

The business necessity test has been used in:

disparate impact

When a seniority system is implemented, the burden falls on the ______ to prove that the system was designed with discriminatory motives.

employee

Which of the following makes it unlawful to discriminate against employees on the basis of their age, once the employees have reached 40?

ADEA (Age Discrimination in Employment Act

The federal labor laws were adopted to protect the following:

immigrant workers

A(n) ______ contract may be created when a reasonable person would believe from an employer's actions that the employer intends to protect the employee from termination without cause.

implied

An employee handbook that suggests protections against termination without cause may create a(n) ______ contract.

implied

The ADA defines a(n) ______ as someone who, with or without reasonable accommodation, can perform the "essential functions" of a employment position.

qualified individual

For agency purposes, a principal can be liable via a contract obligation or through _____ liability (liability for another) in tort.

vicarious

For agency purposes, a principal's liability can arise either through a contract obligation or through _______ in tort.

vicarious liability

Antidiscrimination statutes in the workplace protect: ______.

employees

Respondeat superior allows an injured party to pursue the: ______.

employer

The substantially younger requirement is something the plaintiff must prove in a(n): ______.

age discrimination claim

A transaction involving one party hiring another party to transact business on behalf of the hiring party is referred to as what type of relationship?

agency

Agency is a legal relationship in which the parties agree, in some form, that one party will act as an ----- for another party, called the -----, subject to the control of the principal

agent principal

It is important to note that children in family ______ jobs and ______ are not subject to the FLSA restrictions.

agricultural, child actors

What privacy should employees expect when using company computer equipment and systems?

None; the employer ordinarily has the right to monitor its systems.

The law passed to help prevent workplace injuries is known (by its initials) as:

OSHA

As a condition of using authorization cards, employees must demonstrate:

a wish to form a local union

The primary requirements for workers' compensation benefits are that the injury was _____ and occurred within the course of employment.

accidental

The ______ test is a defense used by an employer to rebut a disparate impact claim when a certain practice or procedure has impacted a particular protected class.

business necessity

A retirement savings account, such as a 401(k) plan, is funded: ______.

by the employee, although the employer may match the contribution

Although each antidiscrimination statute has its own set of defenses, there is some ______ among employer defenses.

commonality

The creation of an agency relationship is defined in terms of: ______.

consent and control

The law of agency often overlays and interacts with other areas of the law, especially ----- and -----

contracts torts

The Labor Management Relations Act prohibits requiring union membership as a condition of:

employment

The Equal Pay Act requires an employer to pay ______ wages for equal work.

equal

he Lilly Ledbetter Fair Pay Act of 2009 ensures that employees subject to wage discrimination have the opportunity to challenge: Multiple choice question.

every discriminatory paycheck received

The Employee Polygraph Protection Act (EPPA) prohibits private employers from using polygraph (lie detector) tests: ______.

except when investigating theft or economic loss.1

Most employment contracts provide that employees may only be terminated for _____ cause.

good

The NLRA requires both parties to engage in ______.

good faith negotiations

In order to qualify for an accommodation under the ADA, a person must: ______.

have a documented disability

Under the PPACA, most employers are required to either provide _____ care insurance for their employees or pay a fee to the United States government instead.

health

The Patient Protection and Affordable Care Act (PPACA) requires all citizens to have a(n)

health care insurance plan

Once a person has a disability, the ADA requires the employer to make ______ that allow the employee to perform essential job functions.

reasonable accommodations

Even if an employee does not meet the ADA definitions, she may still be protected under an alternative theory known as the: ______ test.

regarded-as

If an employee is not able to prove that she has a disability as defined under the ADA, but she is regarded by her employer as being impaired, she still might be successful with a disability discrimination claim using the _____ test.

regarded-as

The principal owes a duty of ______ to his agent.

reimbursement

When the agent initiates the termination it is known as _____

renunciation

The FLSA outlaws the once common practice of sending school-age children to work instead of to school by imposing restrictions on hiring workers under _____ years old.

18

The Age Discrimination in Employment Act applies to employers having more than _____ employees

20

Under the ADEA, employers that have ______ or more employees are prohibited from discriminating against employees on the basis of their age once employees have reached age ______.

20, 40

When a group of employees wishes to form or join a union, they will need at least ______ of the employees in the bargaining unit to sign ______ cards.

30% authorization

The concept behind the ______ is to level the playing field for employees who are in a(n) ______ with employers.

FLSA, untenable bargaining position

Temporary benefits are provided to those workers who lose their jobs through no fault of their own under: ______.

FUTA

Social Security is what type of retirement program?

Federal government, paid for by taxes on employers and employees

Individual employees authorized to transact business on behalf of the employer principal are called Blank______.

employee agents

Certain federal and state statutes displace common law employment-at-will rules. The best examples are ______ laws that prohibit termination based on certain discriminatory motivations such as race or gender.

antidiscrimination

Actual authority, _____ authority, and ratification are an agent's primary sources of power.

apparent

Private employers are generally prohibited from using _____ tests except to investigate theft or economic losses.

polygraph

Agents can be classified into any of the following broad categories except: ______.

principal-agents

The Labor Management Relations Act: __________.

prohibits requiring union membership as a condition of employment

Termination by principle is known as _____

revocation

Many states have passed ______ which prohibit employees from being required to join unions or contribute to certain union costs.

right-to-works

Federal antidiscrimination statutes allow a defense for employers using actual number of years on the job (referred to as ______) as the basis for certain job decisions.

seniority

For an employer to assert the _____ defense, the system must be based on objective elements of actual number of years on the job, and the employment decisions must have been made in ______ and pursuant to that established objective system.

seniority, good faith

Under the Labor Management Relations Act, employers and employees may not agree that _____ membership is a required condition of employment.

union

Employee privacy for telephone calls and _____ _____ is protected by the Electronic Communications Privacy Act (ECPA).

voice mail

In the Lilly Ledbetter v. Goodyear case before the U.S. Supreme Court, the Court held that the plaintiff should have filed suit:

within 180 days of receiving her first unfair paycheck.

Before an employer will be responsible for the negligent acts of an employee, the negligent act must have occurred: ______.

within the scope of employment.

Employees not covered by the FLSA because they are expected to be able to bargain for their own working conditions and pay are called: ______.

exempt employees.

An agency relationship is usually created by a(n) ______ agreement.

express

An agency relationship may be terminated by a(n) _____ action of parties

express

The Federal Unemployment Tax Act, or FUTA, provides benefits for employees who have lost their:

job

Once a plaintiff has proved her prima facie case, the employer has the burden of offering a(n) _____ motive for the action or asserting a legally recognized ______ against the claim.

nondiscriminatory, defense

A(n) _______ occurs when employees agree to walk off their jobs and stop work for a sustained period of time in order to induce their employer to agree with their position.

strike

The NLRA provides that union employees may use a(n) _____ , or sustained work stoppage, to induce the employer to move toward their position in the bargaining.

strike

The ADA defines disability as a physical or mental impairment that ______ limits a person's ability to participate in ______ activities.

substantially major life

If an agent's breach of duty to the principal causes damages to the principal, the principal may recover those damages by:

suing the agent for the breach.