FIN EXAM 4

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127. Administrative agencies are generally created by: (A) a Supreme Court order (B) federal courts to help in areas difficult to regulate by litigation (C) an enabling statute of Congress (D) an executive order of the President (E) a Supreme Court order following an enabling statute of Congress

to grow cranberries eva use a wet area on her property when cranberries were linked to cancer in the market for cranberries collapsed, eva wanted to drain the wet area to be able to raise goats because goat cheese is popular. To make this change Eva must: (A) obtain permission from the state of Massachusetts to stop growing cranberries (B) obtain permission from the Department of Agriculture to stop growing cranberries (C) obtain a license from the Department of the Interior to develop a goat farm (D) Eva does not need to do anything; she may change her farm however she wants E) None of the other

(D) obtain a permit from the U.S. Army Corps of Engineers

The primary source(s) of administrative law include(s): (A) the Administrative Procedures Act (B) the enabling statutes of the administrative agencies (C) court decisions reviewing agency decisions (D) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions (E) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

(E) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

90. The details of an agency's structure and how it operates internally are covered in: (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules (A)

A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer: a. can dismiss her for taking off too much time b. must give her additional time off, with pay, only if there is medical evidence that it is necessary c. must give her additional time off, with pay, by extending her sick time and leave time, as required by law d. must give her additional time off, with pay, if she requests it, so long as she is pregnant e. none of the other choices

A woman has a difficult time with her pregnancy. She uses up all her paid leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off, if requested: a. without pay under the Family and Medical Leave Act b. with pay, only if there is medical evidence that it is necessary c. with pay, by extending her sick time and leave time, as required by law d. with pay, if she requests it, so long as she is pregnant e. none of the other choices

Interpretative rules issued by administrative agencies are: (A) statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice (B) judicial statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices (A)

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: a. disparate treatment b. dissolute impact c. paternalism discrimination d. mixed motives discrimination e. despotism

The Supreme Court has held in several cases that unions are not to use agency fees for political purposes without permission. As a result: a. unions generally ignore the law b. the National Labor Relations Board has developed a procedure to ensure that the Court's ruling is upheld c. unions have generally quit using agency fees for political purposes d. such fees have been redirected to charitable purposes e. there never was such a ruling by the Supreme Court, so this question is not relevant

Unions and employers who negotiate contracts have a duty to bargain in good faith. This means both sides must do all of the following except: a. come to final agreement b. must be willing to make proposals c. must explain reasons behind certain proposals d. must consider proposals of the other party e. all of the other choices are elements of good faith bargaining

agency by estoppel means:

Actions by the principle leads a person to believe that the presumed agent has authority to act on the principles behalf

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: (A) only be issued when there is good cause to believe that a violation of the law has occurred (B) be used to get confidential information (C) only be issued by a federal district judge (D) be used to obtain any information agencies want and no reasons need be given (E) none of the other choices

In General, employment discrimination laws in Europe in Japan compared to those in the US are: a. non b. less protective of women and minorities c. less protective of women, but more protective of minorities d. less protctive or minorities but more of women e. more protective of women and minorities

Substantive (legislative) rules issued by agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

Which is not a protected class under Title VII: a. race b. political affiliation c. religion d. national origin e. all of the other choices are protected classes

Which is not a protected class under Title VII: a. race b. sexual orientation c. religion d. national origin e. all of the other choices are protected classes

Which of the following situations is most likely to have violated Title VII: a. a Catholic priest is refused a job teaching at a Baptist seminary b. a woman is not hired at an auto parts store because women know nothing about auto parts c. a man convicted of child molestation is rejected for employment at a day care center d. a Hispanic woman with poor English is rejected for consideration to be an operator at a 911 emergency center e. an older man is rejected for consideration for being hired at a law firm because he does not have a law degree

the most likely example of quid pro quo sexual or harassment would be: a. discussing sexual activity b. promoting a women because she accepts dates with her boss c. saying demeaning things d. showing sexual explicit photos e. all

As a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law: a. test for general intelligence b. test for differences in cultural backgrounds c. test for ability to perform a certain job d. all of the specific choices are generally acceptable e. none of the other choices are acceptable

Historically, the common law permitted employers to: a. hire workers only with government approval b. fire workers only with government approval c. hire and fire which ever workers they wished d. fire workers for reasons listed in an employee handbook e. none of the other choices

If a person quits their employment because of sexual or racial harassment, it is called: a. constructive treatment b. differential impact c. constructive discharge d. retaliatory termination e. none of the other choices

If a plaintiff establishes a prima facie case of employer discrimination, what happens? a. the plaintiff wins compensatory damages b. the plaintiff receives a punitive damages award c. the defendant must offer non-discriminatory reasons for the actions involved d. the case is returned to the EEOC for further investigation e. the plaintiff wins compensatory damages and can win punitive damages if malice is shown

In general, to require job applicants to pass an aptitude tests is: a. invalid because they are related to job performance b. valid if given only to minorities c. valid if shown to be an accurate predictor of ability to do the job d. valid if one of the tests certified by the Department of Labor e. none of the other choices

In non-right-to-work states, employees at unionized workplaces are required to pay agency fees, equal to a large percent of union dues, if they refuse to pay union dues. According to the Supreme Court, a union may: a. collect agency fees from non-members to use for political purposes since that is a "basic union activity" b. collect agency fees from non-members for political purposes only if they fully disclose how the funds are spent c. collect agency fees from non-members, but must explain how fees are determined so that the non-members do not have to pay fees used for political purposes d. not collect agency fees from non-members if the union is involved in any political activities e. none of the other choices are correct

The concern(s) of the National Labor Relations Board is (are): a. mediating collective bargaining agreements b. negotiating labor contracts c. monitoring unfair labor practices d. mediating collective bargaining agreements and negotiating labor contracts e. mediating collective bargaining agreements and negotiating labor contracts and monitoring unfair labor practices

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by: a. lowering the wages received by men b. lowering the wages received by women c. raising the wages received by women d. raising the wages received by men e. giving stock options to the group discriminated against

Which classification of administrative laws have the same force of law as statues enacted by Congress: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

Which is not an officially recognized racial group under Title VII: a. Hispanics b. Asians c. Arabs d. Native e. all of the other choices are recognized

suppose a newly hired utility repairman has a fear of heights that means he cannot climb ladders or telephone poles to do repairs. this condition of his: a. can not be held against him b.qualifies as a mental disability c. does not qualify, so he could be fired d. does not quality as a disability under respondent... e. none

Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay Union due or agency fees the union, which demands he pay an agency fee, part of which would used for political purposes. assuming this is not a right-to- work place: quizlet

Carl must pay agency fees, but is not supposed to have to pay fees to support political activities

256. Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are: (A) at the lowest level of the federal judicial system (B) the regulatory agency equivalent of an appellate judge (C) are not judges because they only hear the facts of cases (D) are employees of administrative agencies (E) are employees of administrative agencies and the regulatory agency equivalent of an appellate judge

282. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances: a. Title VII requires "clear and convincing" evidence for plaintiff to win b. federal civil procedure requires that plaintiff have "clear and convincing" evidence to win c. the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court d. it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination e. the jury must find for the plaintiff if he or she has shown a prima facie case

A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be: a. not illegal because segregation had been eliminated b. not illegal because Title VII does not apply to unions c. illegal because blacks who entered the union would be junior to whites in seniority d. illegal because it would perpetuate past intentional discrimination e. none of the other choicesi

A major notable expansion in administrative agencies came during which period: (A) the Good Times Era (B) the Revolutionary War (C) the Civil War (D) the Great Depression (E) none of the other choices

Administrative rules are classified as substantive (legislative), interpretative, and: (A) regulatory (B) investigative (C) prospective (D) procedural (E) none of the other choices

An administrative agency is usually: (A) an international authority created by treaty (B) an arm of the federal prison system (C) a part of the federal judiciary (D) an authority of government that administers a particular law (E) created by the Supreme Court to interpret the effect of federal laws

An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off the chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that: a. these religious beliefs are valid and so they must be allowed b. the chicken act may be done, but only in a room set aside for that purpose c. this is an odd "religion," so Title VII does not apply d. this behavior imposes undue hardship on the employer so need not be tolerated e. the employee should be required to go to a class on the humane treatment of animals

As agency regulatory activities have expanded, agencies have relied more heavily on: (A) the federal court system (B) penal sanctions (C) executive branch assistance (D) informal agency procedures (E) the federal court system and penal sanctions

If an employer uses a decision rule that causes discrimination in some aspect of employment based on protected class status, but the discrimination was unintentional, the discrimination is called: a. disparate treatment, but is legal so long as not intentional b. disparate treatment, which is illegal c. disparate impact, but is legal so long as not intentional d. disparate impact, which is illegal e. differential impact, but is legal so long as not intentional

The Age Discrimination in Employment Act: a. prohibits discrimination against persons over age 40 b. requires that older employees be given physical exams if they work at jobs where safety is a serious concern c. applies to employers with 20 or more employees d. prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees e. prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees and requires that older employees be given physical exams if they work at jobs where safety is a serious concern

The Family and Medical Leave Act does not apply to: a. key employees b. small employers with less than 50 employees c. new employees d. all of the other specific choices e. none of the other choices

The Norris-La Guardia Act prohibits: a. states from passing laws to restrict union activities b. holding employers responsible for damages in wage disputes c. workers from having full freedom of association and self-organization d. federal courts from issuing injunctions in nonviolent labor disputes e. none of the other choices

The primary source(s) of administrative law include(s): (A) the Legislative Delegation Act (B) the Administrative Procedures Act (C) court decisions reviewing agency decisions (D) the Administrative Procedures Act and court decisions reviewing agency decisions (E) the Administrative Procedures Act and court decisions reviewing agency decisions and the Legislative Delegation Act

When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must: (A) conduct a trial-like hearing (B) examine witnesses from both sides of the issue (C) have open oral testimony by all interested parties (D) allow written commentaries by interested parties (E) all of the other choices

When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring: a. is an invasion of privacy b. is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails c. is sexual harassment if directed at women employees d. is legal, employers have the right to do so, in part to prevent sexual harassment e. none of the other choices

Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act? a. not providing health insurance to employees b. suspending a pregnant waitress because she might not be appealing to the diners at a café c. denying a pregnant reporter an assignment to a dangerous country because of her condition d. suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition e. suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition and not providing health insurance to employees

Historically, the common law permitted employers to: a. hire workers only with government approval b. fire workers only with government approval c. fire workers at any time for "good cause" d. fire workers for reasons listed in an employee handbook e. none of the other choices

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: a. BFOQ b. dissolute impact c. paternalism discrimination d. regional differences discriminations e. none of the other choices

The hazard communication standard requires employers using hazardous chemicals to do all but which of the following? a. have a written hazard communication program b. label all hazardous chemicals c. give employees material about the hazardous communication requirements and train them to detect hazards d. keep Material Safety Data Sheets with every hazardous chemical container e. all of the other choices are required

Title VII applies to regular private employers; which of the following does it not apply to? a. labor unions b. employment agencies c. government agencies d. it does not apply to any of the other specific choices e. it applies to all of the other specific choices

To select an employee from a group of applicants, employers may not use a selection criteria that results in: a. disparate treatment b. a perpetuation of past patterns of discrimination c. disparate impact d. disparate treatment or disparate impact only e. disparate treatment or disparate impact or perpetuation of past patterns of discrimination

Under Title VII, officially recognized racial classes include: a. whites b. Native Americans c. Hispanics d. whites and Native Americans e. whites, Native Americans and Hispanics

When an agency issues a substantive rule, it is generally required by the APA to: (A) interview all parties who will be affected by the regulation before it issues a final order (B) inform the President of the proposed rule (C) receive the approval of both houses of Congress before it issues a final order (D) all of the other specific choices (E) none of the other choices

Which is not an officially recognized racial group under Title VII: a. Hispanics b. Asians c. whites d. Native Americans e. all of the other choices are recognized

Which sanction is not available to any federal regulatory agency? (A) imposition of a fine (B) revocation of a business license (C) assessment for damages (D) destruction or seizing of business property (E) all of the other choices are available

Which of the following situations is most likely to have violated Title VII: a. a Catholic priest is refused a job teaching at a Baptist seminary b. an older man is rejected for consideration for being hired at a law firm because he does not have a law degree c. a man convicted of child molestation is rejected for employment at a day care center d. a Hispanic woman with poor English is rejected for consideration to be an operator at a 911 emergency center e. None of the choices

E Or a woman is not hired at an auto parts store because women know nothing about auto parts

under the Disabilities Act employees are required to make reasonable accommodations this could include a. providing a reader b. providing a wheelchair c. modifying work schedule d. redesigning work stations e. all

E. all

which of the following would not be a violation of The Rehabilitation Act or the American Disability Act because it goes beyond the scope of the legislation a. using standardized tesr b. refusing to hire job c. asking job app d. not hiring a diabled e. all

E. all

Title VII prohibits discrimination in employment based on sex. This does not include: a. sexual preferences b. marital status c. sexual identity d. sexual preferences or sexual identity e. sexual preferences or sexual identity or marital status

E.Sexual preference of marital status

Loraine wants to sue the federal aviation administration because she thinks the local airport is too noisy and improperly operated. she has completed all administrative channels and reviews. Loraine should file her suit:

File her suit in the court congress specified when it wrote the enabling statute for the FAA

during a formal rulemaking process, an agency may:

Hold an investigatory hearing that may include witness who testify about the rule

233. Title VII sex discrimination includes discrimination with respect to: a. plans to have children in the future b. current pregnancy c. having children already d. insurance benefits and childbirth e. insurace benefits and childbirth

Insurance benefits and childbirth and having children already

Five procedural requirements for judicial review of a challenge to an agency decision are:

Jurisdiction, reviewability, standing, ripeness and exhausting

A disclosed principle is a principal whose identity is: a. b. c. d.

Known to the third parties to contracts entered into with the agent None of the other choices

John and Lisa are candidates for promotions John is 34 Lisa's 56 John has given the promotion management decided that since lisa has said she plans to retire in four years, promoting her would make little sense. the this case the company: a. had a legitimate b. had a compelling c. engaged in a d. had a bona fide e. none

None

a contract signed by a worker agreeing not to join a union is called (X eclusive employment agreement)

None

Terry hires an agent, Janet, to sell a piece of property for no less than $50,000 with Janet to receive a 6% commission upon sale. Which of the following is Janet legally permitted to do without Terry's consent?

None of the other choices

Which of the following is a provision of the government in the sunshine act (All of the other specific choices are provisions of the sunshine actX)

None of the other choices

an independent contractor: (By law may not serve as an agent for the same employerX)

None of the other choices

an undisclosed principle is: a. b. c. d.

None of the other choices

the netional labor relations board (X has member appointed for life)

None of the other choices

a women applies for...

That she had six credit cards or all of the other

An unfair labor practice case is decided by the National Labor Relations Board. If one of the parties to the case is unhappy with the decision or refuses to comply with the order, the appeal will go to:

U.S. Court of Appeals

About how many federal agencies share the responsibility for regulating various aspects of business activity? (A) 50 (B) 125 (C) 200 (D) 250 (E) 300

Workers' compensation law: a. provides a sure set of benefits for injuries instead of relying on tort litigation b. applies only to accidents that conform to a specified set of allowable work-related injuries c. holds employees responsible for reimbursing employers for the cost of injuries for which employees are at fault d. is a federal program that is mandatory for nearly all workers e. all of the other choices

The court's review of an agency's statutory interpretation is generally afforded:

a careful review with respect to .... process

a county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. to accomplish its goal, the county had a qualified woman instead of a man who had higher on a valid aptitude test. the man sued arguing the program was discriminatory. you would expect the supreme court the action was:

a legitimate affirmative action program

Lisa works for Sally. Lisa's jobs include selling the folk-art Santa Claus statutes that Sally hand-makes, as well as purchasing the wood for the statutes. In this case Lisa is

a servant and an agent

A primary boycott is:

a strike against employer...agreement question

An agent is trying to sell a house for $100,000 for her principal. The principal will sell the house for as little as $80,000, but wants to get as much as possible. The agent tells her cousin to offer $81,000. The agent's actions are:

a violation of the duty of loyalty

Carter, who had been convicted of violent crimes, was hired as an independent contractor to sell vacuum cleaners door-to-door. He assaulted a customer in her home who sued the vacuum cleaner company. You would expect the Texas high court to hold that company: a. was liable for negligence in hiring b. was not liable because employers are not liable for acts of independent contractors c. was not liable because Carter's actions were in violation of his instructions d. was not liable because it had no control over Carter's actions when he was selling e. none of the other choices

a. was liable for negligence in hiring

The authority given by the principal to an agent, conferring on the agent the power and right to change the principal's legal status is referred to as:

actual authority

Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation? ■ A. using standardized tests that screen out people with disabilities B. refusing to hire job applicants because they have a history of drug abuse C. refusing to hire a job applicant because an assembly line for automobiles cannot accommodate workers in wheelchairs D. not hiring a disabled person because the bathrooms cannot accommodate wheelchairs E. asking job applicants if they have disabilities

all of the choices

which of the the following is unlikely to be classified as a public policy to employment at will should an employee be fired (X all of the other choices would be classified as public policy exceptions

all of the other choice would be classified as public policy exceptions

the benefits of workers compensation do not cover:

all of the other choices are covered or punitive damages for gross injury

which of the following action are employer least likely to be able to take when it comes to drug test:

allow supervisors to order employees to be tested for drugs whenever a supervisor thinks it is a good idea

The duties of a principal to an agent do not include:

allowing the agent "significant discretion"

A place of employment where all employees are represented by a union and most employees are union members, but non-union workers must pay fees to the union, is called:

an agency shop

A key element of an agency relationship is:

an agents ability to transact business for the principal

An agency may be established by:

any of the other choices operation of law or by oral agreement of the parties or by written agreement of the parties

A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was: a. legal under Title VII b. improper reverse discrimination, which violates Title VII c. proper if the employer had an affirmative action program to favor black employees d. proper since whites are not protected by Title VII and, therefore, cannot claim protection e. proper, since under Title VII minorities may be given preferential treatment

If the National Labor Relations Board determines that an employer has committed an unfair labor practice, which of the following remedies may it impose on the employer? a. force the employer to provide back pay for lost wages b. it may not impose jail time for order violations c. issue a cease and desist order against the employer d. post notices in the workplace of the employer's unfair practices e. none of the other choices

When the effect of a hiring or promotion decision is intentionally discriminatory it is called: a. bona fide occupational qualification. b. disparate treatment c. disparate impact d. pretextual treatment e. none of the other choices

a closed shop, prohibited by taft- hartley act: a. is an employer who....employees b. means an employee must be a union member before working at a unionized work place c. means a place...union members d. refers to shutting... chance to occur e. none

because of the past racial discrimination senior employees at a plant are all white the junior workers are racially mixed. a reduction in business forces the firm to fire half its workers, to protect the racial composition of the workers, the company will layoff white older workers. this policy is likely to be viewed by the courts as: a. an illegal violation of a bona fide occupational qualification b. an illegal violation of a bona fide seniority system c. an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees d. a legal way to create the equivalent of an affirmative action program e. a legal way to preserve the racial mix of the work force

mandatory vesting under ERISA...an eployee:

become the owner of his retirement benefits

Express ratification creating an agency by the principal occurs when the principal

by action shows a clear intent to be bound by unauthorized acts of the agent

ERISA establishes vesting requirements. The requirements ensure that participants will: a. have medical insurance during their retirement years b. receive not less than 70% of their annual income during retirement c. receive some retirement benefits after a reasonable length of employment d. receive retirement benefits after 1 year of work e. all of the other choices

If a plaintiff establishes a prima facie case of employer discrimination, what happens? a. the plaintiff wins compensatory damages b. the plaintiff receives a punitive damages award c. the burden of proof shifts to the employer d. the plaintiff wins compensatory damages and can win punitive damages if malice is shown e. none of the other choices

The Landrum-Griffin Act provides which of the following? a. a Bill of Rights for employers b. states the right to pass laws that prohibit agency shops c. penalties for union officials who abuse the powers of their offices d. prevents federal courts from issuing injunctions to prevent orderly labor disputes e. all of the other choices

The Taft-Hartley Act does not prohibit unions from which activity: a. coercing employees to support a union b. refusing to bargain in good faith with employers about wages and working conditions c. working to expand union activity to more bargaining units d. secondary boycotts e. all of the other choices are prohibited

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate: a. disability law because "bright" may discourage applicants with mental problems b. discrimination law that requires jobs to have clearly stated goals and qualifications, not vague terms c. age discrimination laws since "young" is probably not over the age of 40 d. sex and race discrimination law since women and minorities are presumed not to be hard working e. nothing; no violations exist in the ad

which of the following statement may an employer make without engaging in an unfair labor practice a.threaten to fire...unionize b. threaten to close...vote to unionize c. tell employees...prof for emploter d.all e a and b

Under the Age Discrimination in Employment Act employers:

c. are prohibited from discriminating in employment against persons only over 40

which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: A. how many sick day b. does stress.. c. are you capable of doing d. none e. all

c. are you capable of doing the rigors demanded of this job?

The National Labor relations board: a. has ten b. is appointed c. oversees d is headquartered e. all of the choices

c. oversees investigation of unfair labor practice

Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called:

c. quid pro quo

if over half of the employees at a workplace vote... the NLRB WILL:

certify the union as the exclusice baraining agent for all employees in the bargaining unit

an adjudicatory hearing at a regulatory agency will be presided over by an administrative law judge or ALJ. an ALJ is a:

civil service employee of the agency

the process by which the employer and the union, on behalf of workers in a bargaining unit, negotiate a labor contract

collective bargaining

under the 1990 clean air act:

congress required further reductions in the emissions of toxic pollutants

81. Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees? a. refusing to commit an illegal act b. performing a public duty (reporting for jury duty) c. exercising freedom of speech rights d. refusing to commit and illegal act and performing a public duty (reporting for jury duty) e. refusing to commit and illegal act and performing a public duty (reporting for jury duty) and exercising freedom of speech rights

Collective bargaining refers to the process by which the: a. union solicits support for itself b. employees solicit support for unionization c. employer solicits support for non-unionization d. employer and the union negotiate an employment contract e. employer and the union negotiate a right-to-work law

In reviewing informal agency procedures, the courts are generally most concerned about: (A) whether the particular agency procedure was fair (B) whether the decision was consistent with the legislative intent of Congress (C) courts do not review agency informal procedures (D) whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress (E) none of the other choices

When an employer, union or employee files a labor practice complaint with the National Labor Relations Board it goes to: a. federal court for resolution if the NLRB staff finds there to be merit in the complaint b. either federal or state court for resolution if the NLRB staff finds merit in the complaint c. an administrative law judge for final resolution d. an administrative law judge for resolution if the NLRB staff finds merit in the compliant e. a panel of three NLBR members in Washington, D.C. for resolution

an agency may not be ended by:

decision of a third party opposed to the agency

legal standards, in the area of drug testing, are:

different in various states

Which of the following is not an exception to the employment-at-will doctrine, for which workers may not be fired, at least in some states:

disloyalty toward the public image of the employer

which of the following is not a subject to mandatory bargaining

dividends and stockholders

Remedies for victims of unlawful discriminatory employment practices cannot include: a. back pay b. artificial seniority c. attorney's fees d. back pay and attorney's fees only e. all of the specific choices are possible

The Taft-Hartley Act does not outlaw which union actions? a. coercing employees with respect to their collective bargaining rights b. carrying out secondary boycotts c. refusing to bargain in good faith with employers about wages and working conditions d. forcing employers to pay for union member work not actually performed (featherbedding) e. all of the other choices are outlawed

which of the following is not subject to mandatory bargaining? a.drug testing b. breaks and lunch c. safety practice d. layoff procedures e. all may

e or. dividends and stock buybacks

An example of quid pro quo sexual harassment would be a. discusing sexaul activity b.commenting on physical attraction c. saying demeaning things d. showing sexual explicit photos e. none

e. none

national labor relations board has jurisdiction over labor cases involving

employees working for business where a labor dispute...engaged in interstate commerce

Under federal immigration law all:

employers must collect evident of citizenship .... for all employees

employees may be require to sign, as a condition of employment, an agreement that they will not recruit fellow employees for a company if the leave for another place of employment. this is called:

exculpatory agreement

. A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:

exhaust all administrative channels before bring suit

when an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:

federal register

A person authorized to execute all regular transactions connected with a business is called a:

general

the worker adjustment and retraining notification act requires certain employers planning large layoffs to

give employees and certain officials advanced notice

Workers' compensation law:

gives an employer immunity from employee tort suits arising from on-the-job accidents

worker compensation law:

gives and employer immunity from employee tort suits.... on the job accident

The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may:

have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not

an employee who work at a grocery store for may years as a check out clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing key on the cash register for so long. unqualified for any other job at the store, she id dismissed and sues for disability discrimination. most likely she will:

have the suit dismissed as she is not disabled for other employment

Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white customers, and Hispanic salespersons to Hispanic clients. This makes revenues to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are:

illegal disparate treatment under Title VII

charles owns a club

is wrong; he has illegally discriminated

what role does the NLRB play in a representation election:

it supervises the election.... certidie the election results

the duty of ________ requires an agent to place the principal's interests before the agent's personal interests or those of any third party

loyalty

state licensing and regulations of occupations may: a. only be done b. not be shown c. may require d.all e.none

may require people....obtaining state certification

the powers of the National Labor Relations Board include

monitoring of unfair labor practices and determining if employees want to be represented by a unions and representing the NLRB in- court

an agency coupled with an interest is created: a. when the principle provides the agent with general power-of-attorney b. when an agent is hired to work for another agent c. When a person volunteers her services out of interest in the business d. When the agent is authorized to delegate any authority to an interested party

none of the other choices

A legal document that establishes some agency relationships is known as:

power of attorney

If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a:

pretext

the aspects of agency given the most intense scope of review by the courts are:

procedural requirements

the most likely example of quid pro quo sexual or harassment would be

promoting a woman because she accepts dates with her boss

r&g makes and sell pesticides...

provide evidence that their products do what they claim they will do

When a principal accepts the consequences of the activities of a person who had previously not been the principal's agent, the principal:

ratifies the agency

workers' compensation law:

requires employers to pay insurance premiums... is controlled by the states

When liability is imposed on an employer for a tort committed by an employee, the liability is based on the rule of law known as:

respondeat superior

the main goal of the clean water act of 1972 is to:

restore and maintain the integrity of the waters of the U.S.

Traditionally, the chief difference between an agent and a servant (employee) was that the:

servant was generally not employed to represent a principal in business dealings

An employer has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can:

sue for up to 60 days back plus fringe benefits

Informal agency procedures may include:

tests and inspections all of the other choices

during a union election, which of the following may employers say?

that unionization will hav bad economic con

An agency created during the late 1960s or early 1970s is:

the Environmental Protection Agency and the Equal Employment Opportunity Commission

Among the significant agency(s) created during the 1930s were:

the Federal Communications Commission and the Securities and Exchange Commission

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

the Norris- La Guardia Act

the courts generally will not find that an agency's decisions are arbitrary, capricious or and abuse of discretion if:

the agency has sufficiently explain the facts and its policy concernes... the basis of the agency OR The agency has sufficiently explained the facts and its policy concerns and the agency has established a basis that is in the agency record.

For an agency to be valid in most states:

the agent must be subject to the principle control

The law of agency places its primary emphasis on the duties:

the agent owes to the principal

The law of agency places its primary emphasis on the duties:

the agent owes to the principal one of the other choices

Critics of the current minimum-wage argue that:

the law results in fewer low-skilled workers fining work

Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected:

the violation may be cleared up informally

suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected:

the violation may be cleared up informally

In most states, which agencies must be in writing:

those that are for the sale of land

the primary purpose of the administrative procedures act is:

to define procedural rules and formalities of administrative agencies

The primary purpose of the Administrative Procedures Act is to: (A) provide the judiciary with procedural rules in administrative cases (B) create a federal bureaucracy to handle the complex problems of business (C) regulate the procedural requirements of criminal law (D) amend the common law so courts can delegate authority to administrative agencies (E) none of the other choices

to define procedural rules and formalities of administrative agencies none of the other choices,

to remedy bad faith bargaining, the nlrb is authorized:

to issue a cease and desist order

Most complaints filled with national labor relations board each year involve

unfair labor practices

When liability is imposed on the principal for the unauthorized torts of an agent, it is called:

vicarious liability

An agency through operation of law is established:

when an emergency exists and the agents actions are in the public interest

A federal law passed by Congress granting powers to an agency is called: (A) a legislative deliberation (B) a public purpose statute (C) an enabling statute (D) a public interest statute (E) an administrative empowerment statute

The administrative agency equivalent to a court trial is: (A) a commissioner's hearing (B) a Congressional review (C) a rulemaking (D) an adjudicatory hearing (E) none of the other choices (D)

116. Congress created the first regulatory agency in 1887. It was called the: (A) Federal Trade Commission (B) Federal Power Commission (C) Federal Communications Commission (D) International Trade Administration (E) none of the other choices

E (interstate commerce commisions)

if an agent with only apparent authority engages in an action for which she had no actual authority, and causes her principal financial harm, the principle may:

Hold the agent liable for the harms she caused

Juan and Marie enter into an oral agreement that Marie will sell Juan's crusty herb garlic bread to gourmet food stores in the area. This works until Juan gets sick and no longer makes his bread. Marie is furious that Juan is unable to supply her with the popular bread and sues him for lost profits. A court is likely to rule:

Maries authority to act as agent for Juan lapsed and the agency relationship is terminated

To establish an agency relationship: a. b. c. d.

None of the choices

power of attorney: a. Is a document that applies only to attorneys in certain capacities b. exist whenever an attorney has the right to execute transactions for a client c. exist whenever a person has the right to execute a transaction for another d. is the document that applies only to attorneys in certain capacities and exist whenever an attorney has the right to execute transactions for a client

None of the other choice

140. Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called: (A) an administrative statute (B) a regulatory statute (C) a permanence statute (D) a public interest statute (E) none of the other choices

None of the other choices

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: (Not to be used to get confidential information X)

None of the other choices

To carry out their duties, universal agents are typically granted:

a general power attorney

Carla agrees to try to sell franks prize dog spike for him. Carla does this as a favor to frank because she knows many professional dog breeds. Carla may be the best described as:

a gratuitous agent.

A factor courts may consider in determining whether an act was within the course and scope of employment under vicarious liability is, was the:

act of the same general nature of those authorized by the principal and agent authorized to be in the location at the time the act occurred and agent serving or attempting to serve the principal's interests at the time of the tort

When a principal creates an impression of authority in an agent that leads a third party to conclude that the agent has authority to act for the principal, the agent is said to have:

apparent authority

Non-union workers left work without permission because there was no heat at work and it below freezing in the plant. The company fired them. With respect to this joint action by the workers, you would expect the courts to hold that the workers were: a. wrong; as non-union workers, the NLRA does not apply to them; they were at-will workers who could be fired b. wrong; they must proceed with grievance procedures if they want to have the protection offered by the NLRA c. right; in case of intolerable working conditions workers have the right to protect themselves without being fired d. right; the NLRA holds management responsible for "fair working conditions" e. none of the other choices

The federal labor code, which consists of various major pieces of legislation is generally referred to as the: a. Code of Federal Labor b. Labor Management Code c. National Labor Relations Act d. Griffin-Hartley Act e. none of the other choices

congress ordered the department of agriculture to establish standard for organic foods. Agriculture issues a regulation that was challenged as allowing non-organic foods to be called organic, which was not what congress intended. the appeals court held that:

none of the other choices

During a formal rulemaking process, an agency may: (A) to the appropriate oversight committee in Congress for a vote (B) to the U.S. Court of Appeals for review of constitutionality (C) to the White House for Presidential approval (D) all of the other specific choices (E) none of the other choices

none of the other choices (hold an investigatory hearing that may include witnesses who testify about the rule)

Administrative agencies engage in rule making to:

none of the other choices (develop regulatory policies)

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a: (B) federal magistrate (C) municipal judge (D) member of the state bar (E) none of the other choices

none of the other choices A: member of federal bench

For an agent to be a fiduciary means to:

occupy a position of trust, honesty, and confidence with respect to the principal

The scope of an agent's authority is determined from the:

oral or written expressions of the principal or the principal's conduct or the customs in the business for which the agent is employed

which of the following is not an unfair labor practice by a union:

ordering worker to go on strike.... is not reached

Which of the following is NOT an objective of the workers' compensation law?

to encourage the use of the federal court system to resolve the rights of injured employees

The duty of an agent to keep his principal informed of all facts relevant to the agency purpose is called the duty:

FIN EXAM 4

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