Ch. 18, 19, 20

Overtime pay is paid for each hour worked in excess of ________ hours in a week.

40

Which of the following is true of Social Security?

An employee must pay taxes into the Social Security fund, and the employee's employer must pay a matching amount.

Who among the following is not exempt from the federal minimum wage requirement?

Angelica, a waitress

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the workplace?

The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer.

Which of the following is a course of action for a principal if an agent is found competing with him or her?

The principal can recover profits made by the agent in the competing venture.

Which of the following is true of an apparent agency?

The principal is bound to the contracts entered into by an apparent agent.

Which of the following is true of a fully disclosed agency?

The principal is liable on the contract with a third party.

A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company which hires a nonminority applicant for the position. The minority applicant can sue under ________.

Title VII of the Civil Rights Act

________ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

Title VII of the Civil Rights Act of 1964

________ occurs when an employee has a nonforfeitable right to receive pension benefits.

Vesting

________ occurs where a principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent, not because the principal was personally at fault.

Vicarious liability

Which of the following is true of workers' compensation?

Workers' compensation is only awarded for injuries resulting from the job.

Who is an agent?

a party who agrees to act on behalf of another

Workers' compensation is a(n) ________ remedy

exclusive

U.S. citizens employed by U.S. companies located in foreign countries are not covered by Title VII of the Civil Rights Act of 1964.

false

To be covered by the FMLA, an employee must ________.

have performed more than 1,250 hours of service during the previous 12-month period

Which of the following is considered a major physiological impairment by the ADAAA?

having cancer

To claim under disparate-treatment discrimination, the complainant must prove that ________.

he or she belongs to a Title VII protected class

What is imputed knowledge?

information learned by an agent that is attributed to the principal

According to the U.S. Department of Labor, children under the age of 14 can only be employed as ________.

newspaper deliverers

Using a sexually explicit picture or screensaver to mock an employee constitutes ________.

sexual harassment

The OSHA guidelines that set safety rules for specific equipment, procedures, types of work, and unique work conditions are known as ________.

specific duty standards

States are allowed to enact minimum wage laws that set minimum wages higher than the federal level.

true

The termination of an agency contract in violation of the terms of the agency contract is referred to as_______.

wrongful termination

The ________ is a federal law that permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended.

COBRA

Which of the following is true of tort liability for principals and agents?

Correct An agent is liable for the principal's tortious conduct if he or she participates in it.

________ protects both sexes from pay discrimination based on sex.

Correct The Equal Pay Act

Frank Hannigan sees a grand piano that his musician friend Scott Kristoff had been looking for in an antique store. Frank enters into a contract to purchase the grand piano from the antique seller and signs the contract, "Frank Hannigan, agent for Scott Kristoff." As Frank is not Scott's agent, Scott is not bound by the contract. If Scott decides to accept the contract, what kind of agency would be created?

Correct agency by ratification

Why is proving a bona fide occupational qualification essential?

Correct for justifying discrimination based on gender

If an employee is injured in an automobile accident while she is driving to an off-premises restaurant during her personal lunch hour, the injury is ________.

Correct not covered by workers' compensation

If the EEOC chooses not to bring suit, it issues a(n) ________ to the complainant.

Correct right to sue letter

Which of the following circumstances leads to the termination of an agency by impossibility of performance?

Correct the loss of a required qualification

________ discrimination occurs when an employer discriminates against an entire protected class.

Disparate-impact

If a casting agent works for two Hollywood actors, the agent is liable for ________.

Dual agency

Which of the following is true of dual agency?

Dual agency is permitted if all parties in the transaction agree to it.

The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws.

EEOC

Which of the following is true of sex discrimination?

Employment discrimination because of pregnancy is sex discrimination.

A complainant may file his or her employment discrimination claim with the ________ instead of the EEOC.

FEPA

Which of the following acts establishes the minimum wage and overtime pay requirements for workers in the United States?

FLSA

The ________ guarantees workers unpaid time off from work for family and medical emergencies.

FMLA

Under the ________ and state laws enacted to implement the program, employers are required to pay unemployment contributions (taxes).

FUTA

Denying employment to a woman because she is pregnant is a form of quid pro quo sex discrimination.

False

Senior professors and physicists in research laboratories are entitled to federal overtime pay.

False

The Americans with Disabilities Act Amendments Act (ADAAA) is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

False

Which of the following is considered an intentional tort?

Fraud

Helga works as a nurse in a private hospital. She is paHelga is entitled to overtime pay if she works the additional hours. id an hourly wage. Helga is typically required to work 40 hours per week, from 10 p.m. until 6 a.m. Monday through Friday. Due to the recent resignation of another nurse, Helga's supervisor has offered her the opportunity to work additional hours each week. Which of the following is true in terms of Helga's prospects for overtime pay?

Helga is entitled to overtime pay if she works the additional hours.

Which of the following is true of an express agency?

It can be either oral or written unless the Statute of Frauds stipulates that it must be written.

Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?

It does not apply to Native American tribes.

Which of the following is true of the Equal Pay Act?

It protects both sexes from pay discrimination based on gender.

Which of the following statements is true of exemptions from minimum wage and overtime pay requirements?

Learned professionals need not be paid minimum wage.

Which of the following is true of the federal minimum wage?

Managerial employees are not subject to minimum wage requirements.

Minksine Corporation employs Sandy as its marketing manager. Sandy is driving her automobile to attend a meeting with a client on behalf of her employer. On her way, Sandy is involved in an automobile accident that is caused by her negligence. Several people are seriously injured. Which of the following is true of this case?

Minksine Corporation is liable for the injuries caused by Sandy.

Under the ________ test, if the agent committed an intentional tort to promote the principal's business, the principal is liable for any injury caused by the tort.

Motivation

If a company does not hire certain employees because of their accents, it has carried out ________ discrimination.

National origin

Which of the following torts committed by an agent is the liability of the principal?

Negligence

The ________ is federal act enacted in 1970 that promotes safety in the workplace.

OSHA

The ________ is the party who employs another person to act on his or her behalf.

Principal

Martin, who wants to sell his house, authorizes his concierge, William, to find a potential buyer and finalize a deal above a stipulated price. William contracts Chris, a real estate broker, and intends him to only find a potential buyer and send him or her over to William for the sale. Martin then contracts ReNowait Goodhouses, a home improvement company, to renovate the house. ReNowait completes its work and Martin pays the company. Chris then searches for a suitable buyer and finds one in George. George buys the house and Chris is paid for his services. In this scenario, what type of commercial relationship exists between Martin and William?

a principal-agent relationship

A(n) ________ provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions.

affirmative action plan

Marlon intends to sell a piece of real estate he owns and contracts Nita, a real estate broker, to make the sale. In the contract, Marlon authorizes Nita to make the sale at or above a minimum price he wants and the date by which he wants the sale to be completed. The contract also stipulates that Marlon must not hire another broker to sell that piece of land until the expiration of the contract period. Nita finds a suitable buyer, makes the sale in time, and is paid by Marlon for her services. What kind of contract existed between Marlon and Nita? an exclusive agency contract

an exclusive agency contract