Legal Environment of Business Exam 4 Mindtap (Ch. 32, 33, 34, 35)
Kyle is being deployed to the Middle East and will be gone for one year. Kyle asks Delilah to sell his house for him while he is gone. In this arrangement between Kyle and Delilah: Kyle is the principal and Delilah is the agent. Delilah is the principal and Kyle is the agent. Kyle and Delilah are both principals. Kyle and Delilah are both agents.
Kyle is the principal and Delilah is the agent.
How does a principal become liable to third parties on contracts? The agent ratifies the contract. A principal is not liable to third parties on contracts. The principal directly signs a contract with a third party. The principal's agent has the authority to bind the principal in a contract with a third party.
The principal's agent has the authority to bind the principal in a contract with a third party.
Is a principal liable for the tortious actions of the principal's agent? Yes, but only if the principal authorized the tortious conduct. Yes, but the agent must reimburse the principal. No, unless the principal authorized the tortious conduct. No, only the agent is liable for the agent's torts.
Yes, but the agent must reimburse the principal.
Employers must make which of the following to accommodate the religious practices of employees? A reasonable accommodation No accommodations All requested accommodations Some accommodations
A reasonable accommodation
What authority is ended with the termination of an agency relationship? Actual authority Notice authority All agency authorities Apparent authority
Actual authority
What rules are included in an agent's duty of loyalty? Choose 2 answer choices. An agent cannot share or use confidential information. An agent cannot secretly deal with the principal. obeying the principal's instructions requirement to provide outside benefits
An agent cannot share or use confidential information AND An agent cannot secretly deal with the principal.
If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use? Choose 3 answers. The pay disparity is based on any factor other than gender. The pay disparity is based on the greater family responsibility borne by women. The pay disparity is based on merit or output. The pay disparity is based on seniority, not gender.
The pay disparity is based on any factor other than gender AND The pay disparity is based on merit or output AND The pay disparity is based on seniority, not gender.
In an agency at will, what would constitute a wrongful termination? Choose 2 answers. the agent not giving the principal adequate notice the principal not giving the agent reasonable notice the principal terminating for a discriminatory reason the agent terminating for any reason
the principal not giving the agent reasonable notice AND the principal terminating for a discriminatory reason
What is the term for a person who has been appointed by another person to act on her behalf and in her best interest? agent principal employer client
agent
Why are seniority systems beneficial? Choose 2 answer choices. Seniority systems can hold back top performers. Seniority systems encourage employee loyalty to the employer. Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues. Seniority systems are more difficult to administer, but they offer more opportunities for hiring employees.
Seniority systems encourage employee loyalty to the employer AND Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues.
For what terminations does a principal NOT have a duty to notify third parties? Agencies terminated by operation of law Agencies in which a third party has dealt with the agent Agencies with apparent authority
Agencies terminated by operation of law
A state passes a law requiring all police officers to be of a certain height. Some women challenge the law under the Equal Protection Clause because the average height of women is shorter than that of men. What standard would the court use to make a decision? Strict scrutiny. Intermediate scrutiny. Rational basis test. The Equal Protection Clause does not apply to this employer.
Intermediate scrutiny.
Which of the following scenarios illustrates a business world without agency relationships? Hiring an expert as an independent contractor. The owner prepares the tax returns. A corporation with only one employee. Hiring an expert as an employee.
The owner prepares the tax returns.
When is an agent liable on a contract that the agent entered into in the business of the agent's principal? Choose 3 answers. when the agent is acting without authority if the agent entered into the contract in a personal capacity when the principal is not satisfied with the terms of the contract when the principal is undisclosed
when the agent is acting without authority AND if the agent entered into the contract in a personal capacity AND when the principal is undisclosed
The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the: National Unions Act (NUA). National Labor Relations Act (NLRA). Collective Bargaining Power Act (CBPA). Better Together Act (BTA).
National Labor Relations Act (NLRA).
What does the duty to indemnify require a principal to pay? Payment of expenses incurred by the agent in the course of performing the agency activities. Compensation for unrelated expenses incurred by the agent. Payment for tort liabilities incurred as a result of authorized agency activities Compensation for performance of agency activities.
Payment for tort liabilities incurred as a result of authorized agency activities
What are the main provisions of the Immigration Reform and Control Act (IRCA) enacted in 1986? Choose 2 answers. The IRCA made it illegal to hire, recruit, or refer for a fee someone not authorized to work in the United States. The IRCA limited future immigration by implementing stronger border control procedures. The IRCA provided amnesty to certain groups of immigrants living illegally in the United States at the time. The IRCA made children of undocumented immigrants automatically American citizens.
The IRCA made it illegal to hire, recruit, or refer for a fee someone not authorized to work in the United States AND The IRCA provided amnesty to certain groups of immigrants living illegally in the United States at the time.
What is the main provision of the Immigration Act of 1990? The Immigration Act of 1990 limited future immigration by implementing stronger border control procedures. The Immigration Act of 1990 provided amnesty to certain groups of aliens living illegally in the United States at the time. The Immigration Act of 1990 placed caps on the number of visas (entry permits) that can be issued to immigrants each year. The Immigration Act of 1990 authorized a green card (permanent residence card) for any undocumented worker who already held a full-time job in the United States.
The Immigration Act of 1990 placed caps on the number of visas (entry permits) that can be issued to immigrants each year.
What does the ratification of an agency relationship include? There is an agreement between the principal and the agent. The law creates an agency relationship in the case of an emergency. The principal led a third party to believe someone was an agent. A party affirms the contract another person made with a third party.
A party affirms the contract another person made with a third party.
A sales representative sells products from two competing companies without disclosing to either company. Which agent duty owed to a principal applies to this situation? Duty to Account Outside Benefits Secretly Dealing with the Principal Conflict of Interest
Conflict of Interest
Which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy? the Insurance Availability Act the Feminist Equality Act the Equal Pay Act The Pregnancy Discrimination Act
The Pregnancy Discrimination Act
What is required to form an agency relationship? The agent and principal must agree to enter the relationship. The agent must have contractual capacity. The principal must pay the agent. The agency agreement must be in writing.
The agent and principal must agree to enter the relationship.
What is required to form an agency relationship? The agent must have contractual capacity. The agency agreement must be in writing. The principal must pay the agent. The agent and principal must agree to enter the relationship.
The agent and principal must agree to enter the relationship.
FMLA applies to: employers who maintain a paid medical leave program. government employers. employers with 25 or more employees. employers with 50 or more employees.
employers with 50 or more employees.
Which of the following is the most important distinction between employee status and independent contractor status? An employee uses the employee's own tools for doing his or her work. An employee has a high degree of skill and a specialized job. An independent contractor has a company name. An independent contractor controls the details of his or her day-to-day work activities.
An independent contractor controls the details of his or her day-to-day work activities.
What categories are protected by the Equal Employment Opportunity Commission (EEOC)? Choose 3 answers. national origin genetic information education level gender identity
national origin AND genetic information AND gender identity
Bill and Mark have lived together for twenty years, and they finally decide to get married. Three days after their marriage, Bill returns to his job at Hometown Furnishings. When his supervisor finds out that Bill has just gotten married to a man, she immediately fires Bill. Bill is devastated; he has worked for Hometown Furnishings for five years and never had an issue of any kind. The next day, Bill and Mark go to see an attorney to discuss Bill's options. The attorney will likely advise Bill that: Hometown Furnishings could fire him for any reason, based on the principle of employment at will. Hometown Furnishings firing him is a violation of the Lily Ledbetter Fair Pay Act. Hometown Furnishings firing him because he is gay violates the Civil Rights Act of 1964. Hometown Furnishings firing him is reverse discrimination and, therefore, illegal.
Hometown Furnishings firing him because he is gay violates the Civil Rights Act of 1964.
An employer reacts to an employee's report of a Title VII violation by cursing and making offensive jokes about that employee and moves the employee to another department. What part of Title VII could apply? Choose 2 answer choices. Disparate treatment. Disparate impact. Hostile work environment. Title VII does not apply to this situation. Retaliation.
Hostile work environment AND Retaliation
Kennedy agrees to sell an expensive painting for Jade, and Jade agrees to pay Kennedy a commission when the sale is complete. Kennedy needs access to the painting so she can take pictures for advertisements. Jade, however, refuses to let Kennedy have access to the painting. If Jade later sues Kennedy for breach of contract for not selling the painting: Jade will lose because she violated her duty of compensation with her agent. Jade will win because Kennedy did not actually sell the painting. Jade will lose because she violated her duty to cooperate with her agent. Jade will win because Kennedy has violated her duty to cooperate with her principal.
Jade will lose because she violated her duty to cooperate with her agent.
What must a principal do to terminate an agency at will? Get a court order to terminate the agency. Simply notify the agent of the termination. Pay a severance payment to the agent. Give express written notification to the agent.
Simply notify the agent of the termination.
What are some examples of the duty to cooperate? Choose 2 answer choices. The principal meets deadlines. The principal does some of the work on the project. The agent notifies the principal of potential problems in advance. The agent completes the work of the agency on time.
The principal meets deadlines AND The principal does some of the work on the project.
What could the duty to cooperate include? The agent works hard to not interfere with the progress of the job. The principal does something to slow the progress of the job. The principal moves out of a house while it is for sale. The principal pays compensation according to the agreement.
The principal moves out of a house while it is for sale.
Is a principal under a duty to compensate an agent who works on the principal's behalf? No, if a salary has not been agreed on. Yes, if the contract requires compensation. No, an agent is never paid. Yes, if the agent does a really good job above and beyond what is expected.
Yes, if the contract requires compensation.
Who is liable to third parties for damage caused by an agent's tortious conduct if the principal had directed the agent to take that action? neither the agent nor the principal if the principal has insurance coverage both the agent and the principal only the agent only the principal
both the agent and the principal
How may an agency relationship be formed? Choose 3 answers. by express oral agreement between agent and principal implied by the conduct of the agent by express written agreement between agent and principal implied by the conduct of the principal
by express oral agreement between agent and principal AND by express written agreement between agent and principal AND implied by the conduct of the principal
Under the Civil Rights Act of 1964, which of the following are illegal if applied to a member of a protected class? Choose 2 answers. hostile environment and retaliation disparate treatment and disparate impact affirmative action and quotas merit system and seniority
hostile environment and retaliation AND disparate treatment and disparate impact
The role of the Equal Employment Opportunity Commission (EEOC) is to: (Choose 3 answers.) set salaries for upper-level management of large companies. investigate charges of discrimination against employers. file a lawsuit to protect the rights of individuals and the interests of the public. fairly and accurately assess the allegations in a charge of discrimination and make a finding.
investigate charges of discrimination against employers AND file a lawsuit to protect the rights of individuals and the interests of the public AND fairly and accurately assess the allegations in a charge of discrimination and make a finding.
The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.) issue a cease-and-desist order. investigate employees' charges of unfair labor practices. file an appeal in federal court. file complaints against employers in response to charges of unfair labor practices brought by employees.
issue a cease-and-desist order AND investigate employees' charges of unfair labor practices AND file complaints against employers in response to charges of unfair labor practices brought by employees.
What are the fiduciary duties of an agent to her principal? Choose 3 answers. loyalty obedience indemnification accounting
loyalty AND obedience AND accounting
The system in which an employer pays her employees an amount based on how well they do their jobs, regardless of gender, is called: seniority. rewards. quality control. merit.
merit
Written agency agreements are: (Choose 2 answers.) required. not required. common. uncommon.
not required AND common.
What is the term for the act of terminating an agency relationship? Choose 2 answers. renunciation, if done by the principal renunciation, if done by the agent revocation, if done by the principal revocation, if done by the agent
renunciation, if done by the agent AND revocation, if done by the principal
Which amendments to the U.S. Constitution are the primary source of equal protection provisions in employment law? Choose 2 answers. the Second Amendment the Fourteenth Amendment the Eighth Amendment the Fifth Amendment
the Fourteenth Amendment AND the Fifth Amendment
At the federal level, the primary legislation that protects workers from dangerous conditions on the job is: the Workers' Compensation Act (WCA). the Occupational Safety and Health Act (OSHA). the Accidental Injury Compensation Act (AICA). the Social Security Act (SSA).
the Occupational Safety and Health Act (OSHA).
A worker's status as an employee or independent contractor affects: (Choose 3 answers.) the business' liability for the worker's actions. whether the job is full time or part time. ownership of work created on the job. the business' taxes.
the business' liability for the worker's actions AND ownership of work created on the job AND the business' taxes.
How would a customer preference for women attendants in the women's restroom or locker room be judged under employment discrimination? The gender preference could be a BFOQ. This request would qualify as a business necessity. The law does not allow for discrimination defenses for gender. It would not be discriminatory against a protected class.
The gender preference could be a BFOQ.
What does agency by ratification require? Choose 2 answer choices. The principal affirms the agent's entire act, not just a portion. The principal must have the legal capacity to contract. The agent must have followed all of the principal's rules in negotiating and signing the contract. The principal must have hired the agent before the contract was signed.
The principal affirms the agent's entire act, not just a portion AND The principal must have the legal capacity to contract.
What is the key factor in apparent authority? The actions of both the principal and the agent Apparent authority is dictated by operation of law in case of emergencies. The principal's actions The agent's actions
The principal's actions
Daria applies for a position at Corinthian Tire Works as an assembly line worker. The only requirements for the job are a high school diploma and the ability to lift thirty pounds. Daria is called in for an interview with the supervisor, Edwardo. The interview goes very well, and Daria is sure she will get the job. Three days later, however, Daria receives a phone call from Edwardo informing her that she did not meet their needs. Edwardo states to Daria that they need to make sure their employees have the stamina required for the job. Daria remembers that during the interview Edwardo kept looking at her medical alert bracelet, which she wears because she is a diabetic. If Daria decides to sue Corinthian Tire Works for discrimination based on disability: Daria will likely succeed if she can show that her being a diabetic is the only reason she was denied the position because diabetes qualifies as a disability under federal law. Daria will likely succeed if she can show that her being a diabetic is one of the reasons she was denied the position because diabetes qualifies as a disability under federal law. Daria will likely not be successful because under the employment at will doctrine Corinthian can hire whichever employees it desires. Daria will likely not succeed because diabetes does not qualify as a disability under federal law.
Daria will likely succeed if she can show that her being a diabetic is the only reason she was denied the position because diabetes qualifies as a disability under federal law.
What are three ways that state workers' compensation claims are funded? Choose 3 answers. Employers are self-insured and pay claims out of company funds. Employers pay into a state-run insurance plan, and claims are paid by the insurance. Employers pay into a privately-run insurance plan, and claims are paid by the insurance. Employees purchase an optional injury insurance plan through the company and claims are paid through that insurance.
Employers are self-insured and pay claims out of company funds AND Employers pay into a state-run insurance plan, and claims are paid by the insurance AND Employers pay into a privately-run insurance plan, and claims are paid by the insurance.
You and a friend are taking a road trip during summer break and decide to stop for lunch. You choose your favorite fast food restaurant. You both order a burger, fries, and a soft drink and chow down. In the afternoon, as you are continuing your journey, both of you begin to feel stomach cramps. They get worse so you decide to go to an urgent care clinic. The doctor there diagnoses you both with food poisoning and prescribes medication. You fill the prescription, check into a hotel, and experience several days of agony. You later discover the cook at the restaurant undercooked the beef in your burger, which caused your food poisoning. You sue the restaurant. Is the restaurant liable to you or is only the employee liable? Only the employee is liable because the employee was the one who was negligent in undercooking the hamburger. The restaurant is liable. Only the employee is liable because she was acting outside the scope of her employment when she cooked the food. Neither party is liable; when ordering food customers assume the risk that the food might not be prepared properly.
The restaurant is liable.
In which situation does an agent have the least exposure to liability? Fully disclosed principal Undisclosed principal Unidentified principal An agent's liability exposure is the same, regardless of the degree of disclosure.
Fully disclosed principal
Kevin owns an upscale restaurant, and tonight is one of the busiest nights of the year. Kevin asks Naomi to help with the valet service at the restaurant by parking cars. At the end of the night, Naomi requests payment from Kevin for her services. Kevin balks at paying Naomi because he thought Naomi was just doing him a favor. Because Naomi parked cars for Kevin at Kevin's request: Kevin must pay Naomi the customary compensation for such services. Kevin is required to pay Naomi whatever price she sets. Kevin is not required to pay Naomi for her services because they had not agreed on a price. Kevin is not required to pay Naomi for her services because she was just doing a favor for him.
Kevin must pay Naomi the customary compensation for such services.
What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. Reinstatement. Lost wages. Lost benefits. Criminal charges.
Lost wages AND Lost benefits.
Neil is building a new home. Jasper is Neil's contractor. The plans for the new house require that a fence on the edge of Neil's property be torn down because the new house will extend ten feet beyond the fence. Jasper tears down the fence and starts marking out the framework for the foundation of the new house. Neil's neighbor, Jasmine, sues Neil and Jasper for trespass to property because that land is actually Jasmine's property, a fact that Neil knew all along. Can both Neil and Jasper be held liable for trespass to property? No, neither Neil nor Jasper can be held liable for trespass to property. No, only Neil can be held liable for trespass to property. No, only Jasper can be held liable for trespass to property. Yes, Neil and Jasper can both be held liable for trespass to property.
Yes, Neil and Jasper can both be held liable for trespass to property.
Heather is an artist and has several watercolors she would like to sell. Heather orally asks Rylee to sell the paintings for her and directs Rylee that each painting should be sold for at least $100. Rylee schedules a showing in her art gallery to display Heather's paintings. On the day of the showing, a customer offers to buy one of the paintings for $100, and Rylee accepts. When Heather finds out the price the painting sold for, she tries to get the painting back from the customer. Heather claims that she and Rylee did not have a written agency agreement, and, therefore, an agency relationship did not exist between them. Is Heather correct? No. Agency agreements are never in writing. Yes, most agency agreements must be in writing to be effective. No, most agency agreements do not have to be in writing to be effective. Yes. Allowing this agency agreement to stand would violate the statute of frauds.
No, most agency agreements do not have to be in writing to be effective.
Roland and Alfreeda enter into a written agency agreement in which Alfreeda will represent Roland as his agent to obtain acting jobs for Roland. No termination provisions are included in the written agreement. If Roland wishes to terminate his agreement with Alfreeda: Roland may do so by providing notice to Alfreeda in any reasonable manner. Roland must do so by sending the termination notice to Alfreeda by certified mail. Roland must do so in writing because the agency agreement is in writing. Roland must do so in person only.
Roland must do so in writing because the agency agreement is in writing.
Grover is a sales representative for Avon Products Inc., a company that sells beauty and gift products door-to-door. Ruby, Grover's manager, assigns Grover a certain territory in which to work. The territory that Grover is assigned has historically had one of the highest sales records in the state. Ruby is concerned that Grover is not adequately working the territory, so she allows Regina to also sell in that same territory. Does Grover have any grounds on which to file a lawsuit against Ruby? Yes, Ruby has violated a principal's duty of cooperation and may be liable to Grover for Grover's lost profits. Yes, Ruby has violated the duty of compensation and may be liable to Grover for Grover's lost profits. No, Ruby is just looking out for the best interests of the company. No, Ruby is just helping Grover fulfill his full potential.
Yes, Ruby has violated a principal's duty of cooperation and may be liable to Grover for Grover's lost profits.
In which situation must the principal reimburse the agent under agency law? Sarah pays a reasonable amount to hire someone to do the accounting records to wind up the agency after it has terminated. Advertising expenses related to the sale of a collectible antique incurred by the agent charged with selling it. Sarah throws away the new printer cartridge instead of the old one and buys a replacement. While defending her principal's reputation, Sarah throws her business phone at a heckler and the phone breaks.
Advertising expenses related to the sale of a collectible antique incurred by the agent charged with selling it.
Isaiah wants to build a new shopping complex. Isaiah is afraid that once news gets out about his plans, the price of the land where he wants to build the shopping complex will increase in price. Isaiah, therefore, hires Landon to purchase the parcels of land for him and to keep the fact that Landon is working for Isaiah a secret. Landon enters into a written contract for the sale of the land with Miriam and does not tell Miriam that he is an agent for anyone else on the deal. Isaiah later refuses to buy the property from Miriam. Is Isaiah obligated to perform the contract that Landon entered into with Miriam? No, he is not because undisclosed principals are not obligated to perform contracts entered into by their agents. Yes, he is because Landon was acting within the scope of his authority. No, he is not because there was no agency relationship between Isaiah and Landon. Yes, he is because Isaiah is a partially-disclosed principal.
Yes, he is because Landon was acting within the scope of his authority.
Isaiah wants to build a new shopping complex. He is afraid that once news gets out about his plans, the price of the land where he wants to build the shopping complex will increase in price. Isaiah, therefore, hires Landon to purchase the parcels of land for him and to keep the fact that Landon is working for Isaiah a secret. Landon enters into a written contract for the sale of the land with Miriam and does not tell Miriam that Landon is an agent for anyone else on the deal. Isaiah refuses to buy the property from Miriam. Is Landon obligated to perform the contract with Miriam? Yes, he is because agents are always liable for performance on contracts they enter into on behalf of their principal. No, he is not because Landon is not the principal. Yes, he is because there was an undisclosed principal who failed to perform. No, he is not because the purchase of the land benefits only the principal, Isaiah.
Yes, he is because there was an undisclosed principal who failed to perform.
You are an experienced server and have worked at many restaurants. An English pub is opening in town and is seeking waiters and waitresses. You are interested in applying, but the job description states, "Seeking people of British nationality only." Even though you are not British, you apply for the job. You are invited to an interview. While there, the restaurant manager thanks you for your interest, but says she will not hire you because you are not British. The manager explains she wants to hire British servers because, in her opinion, they will best portray the theme of the restaurant as an authentic English pub. Has the restaurant violated any anti-discrimination laws? No, the restaurant has the defense of bona fide occupational qualification. Yes, the restaurant has discriminated on the basis of national origin. Yes, the restaurant must hire the first applicant with experience as a server. No, a restaurant can refuse to hire on any grounds.
Yes, the restaurant has discriminated on the basis of national origin.
Your favorite singer is Lady Gaga. Your friend, who knows about your interest in Lady Gaga, was looking on Craigslist and saw two tickets for sale in the third row of the Lady Gaga concert in your city two weeks from now. Your friend knows that if he doesn't act immediately and checks with you first, the tickets will likely be gone. So, your friend contacts the seller and arranges to buy the tickets. Your friend expects that you will pay for these tickets. When your friend tells you what he did, you are thrilled and tell your friend that you will pay for the tickets. Are you legally bound to purchase the tickets? No, because you did not authorize your friend to purchase the tickets. Yes, you are, because you ratified your friend's actions. Yes, you are, because your friend did you a favor. No, you aren't, because you did not ratify your friend's actions.
Yes, you are, because you ratified your friend's actions.
How do agency relationships affect businesses and the business world? Choose 2 answer choices. Businesses can grow by hiring employees. Principals are benefited, but agents are not benefited. Workers can specialize and become experts. Agency relationships eliminate legal concerns.
Businesses can grow by hiring employees AND Workers can specialize and become experts.
You are an accounting student at a university and also a talented guitar player. During summer vacation, you are hired full time to do bookkeeping for a computer store. You work during normal business hours at the computer store. Your work there is supervised by the office manager, and you are paid an hourly wage. On Saturday nights, you play guitar at a pub. You bring your own instrument and you decide what music to play. You are paid a set price for this gig. A question arises at both the store and the pub as to whether you are an employee or an independent contractor. This question is important because employers have certain obligations to employees that do not apply to independent contractors. For example, employers are liable for the wrongful acts of employees but generally not for the acts of independent contractors. Likewise, employers must withhold payroll taxes for employees but not for independent contractors. Are you an employee or an independent contractor at the store and at the pub? You are an employee of both the computer store and the pub. You are an independent contractor of both the computer store and the pub. You are an independent contractor of the computer store and an employee of the pub. You are an employee of the computer store and an independent contractor of the pub.
You are an employee of the computer store and an independent contractor of the pub.
FMLA requires employers covered by the act to: (Choose 2 answers.) allow the qualified employee to continue on the workers' health insurance plan provided by the company. provide up to 12 weeks of unpaid leave in one year for qualified employees. return the employee to their same position upon return from leave. provide up to 12 weeks of paid leave in one year for qualified employees.
allow the qualified employee to continue on the workers' health insurance plan provided by the company AND provide up to 12 weeks of unpaid leave in one year for qualified employees.
Onida is an employee at Kale's Manufacturing Company. The company makes bicycle tires, and Onida's job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale's Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely: be successful because she was fired for an unlawful reason. be successful because employment at will means that a company must have a valid reason for terminating an employee. be unsuccessful because she refused to follow her supervisor's directions. be unsuccessful because employment at will means that an employee can be fired at any time for any reason.
be successful because she was fired for an unlawful reason.
Gerald has been a sales representative for Goldsmith's Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith's for wrongful termination, he will likely: not be successful because employment at will means that an employee can be fired at any time for any reason. be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level. be successful because employment at will does not mean that an employee can be fired at any time for any reason. not be successful because the promise from the general manager was not in writing.
be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.
Bernard and Hilda have both worked for Home Refinance Inc. for many years. Bernard has been with the company for fifteen years, and Hilda has been with the company for nine years. Both Bernard and Hilda are loan managers for the company, so they perform the exact same duties. Hilda discovers that Bernard's salary is twenty percent higher than hers. She cannot believe that she is paid less for the same job just because she is a woman. If Hilda sues the company over the disparity in pay, Hilda's lawsuit will likely: fail because companies do not have to pay men and women the same salary. fail if Home Refinance can prove the difference in pay is due to Bernard's seniority. succeed because companies must pay men and women the same salary for the same work. succeed if Hilda can get their paycheck stubs admitted into evidence.
fail if Home Refinance can prove the difference in pay is due to Bernard's seniority.
How may an agency relationship be formed? Choose 3 answers. implied by the conduct of the principal by express oral agreement between agent and principal implied by the conduct of the agent by express written agreement between agent and principal
implied by the conduct of the principal AND by express oral agreement between agent and principal AND by express written agreement between agent and principal
The faculty at Hopeland University have always been predominantly white. Concerned that it may be discriminating against potential nonwhite faculty members, Hopeland institutes an affirmative action program that provides that fifty percent of any new faculty positions at the university will be reserved for nonwhite applicants. Clara, who is white, applies for a faculty position at Hopeland. The position is given to a black applicant, even though Clara has more teaching experience and higher educational credentials. When Clara challenges the hiring decision by claiming that the Hopeland University affirmative action program violates the Equal Protection Clause of the Fourteenth Amendment: she will not be successful because the Hopeland University affirmative action program uses quotas. she may be successful because the Hopeland University affirmative action program does not use quotas. she may be successful because the Hopeland University affirmative action program uses quotas. she will not be successful because the Hopeland University affirmative action program does not use quotas.
she may be successful because the Hopeland University affirmative action program uses quotas.
Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers. the "Job Safety and Health Protection" poster the "Fair Labor Standards Act" poster the "Family and Medical Leave Act" poster the "Fire Escape Routes" poster
the "Job Safety and Health Protection" poster AND the "Fair Labor Standards Act" poster AND the "Family and Medical Leave Act" poster
Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin's face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin's injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin's work-related injury with the Occupational Safety and Health Administration (OSHA) within: forty-eight hours. eight hours. twenty-four hours. one week.
twenty-four hours.
Rosemary's son Dave is a United States Marine. Dave was recently injured in a covert operation in the Middle East and now needs round-the-clock care. Rosemary works at the Silver Spoon Café, which has 63 employees. Rosemary advises her supervisor that she needs to take time off to care for Dave. Rosemary quickly uses up all her accrued leave time, so she applies for time off under the Family and Medical Leave Act (FMLA). Under the FMLA, Rosemary may take unpaid time off to care for her injured son for up to: ten weeks. twenty-six weeks. twelve weeks. fifteen weeks.
twenty-six weeks.
Mateo is sixteen years old and just got his first job bagging groceries at Harry's Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry's Market increases Mateo's hours to six days a week and eight hours a day. Mateo's mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo's supervisor, Mateo's supervisor explains to Isabel that: under the FLSA, children under eighteen must work less than thirty-five hours per week. under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs. under the FLSA, children under eighteen must work less than forty hours per week. under the FLSA, children under eighteen must work less than thirty hours per week.
under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.
How much time off does the Family and Medical Leave Act (FMLA) provide? up to 12 weeks of unpaid time off up to 12 weeks of paid time off whatever time is needed to take care of the health concern of a protected person up to six weeks of paid and up to six weeks of unpaid time off
up to 12 weeks of unpaid time off
Fritz applies for a job as a waiter at Mexico Cantina. Three positions are available, but he is not hired for any of them. Fritz inquires about his application and is informed by the restaurant manager that they could not hire him because he is not Hispanic. Fritz is told that Mexico Cantina wants its patrons to experience an authentic Mexican dining event in its restaurant, so Mexico Cantina will only hire female Mexican wait staff, who are then required to dress in traditional Mexican outfits. Fritz sues for employment discrimination, claiming that Mexico Cantina discriminated against him because he is not Hispanic. Mexico Cantina responds to the lawsuit by claiming that being female and Hispanic are bona fide occupational qualifications (BFOQ). Fritz will probably: win the lawsuit because race is not a bona fide occupational qualification. lose the lawsuit because race is a bona fide occupational qualification. lose the lawsuit because gender is a bona fide occupational qualification. win the lawsuit because gender is a bona fide occupational qualification.
win the lawsuit because race is not a bona fide occupational qualification.
An employer requires a college degree to work in any position in the company. What part of Title VII could apply? Hostile work environment. Disparate impact. Title VII does not apply to this situation. Retaliation. Disparate treatment.
Disparate treatment.
The Equal Protection Clause applies to which parties? All employers. All parties, whether employers or otherwise. Private employers. Governmental employers.
Governmental employers.
If harm is done by an agent, and it is discovered that this agent has been convicted of the same harm before at a previous job, what might a principal be liable for? negligent retention gratuitous hiring negligent hiring breach of fiduciary duty
negligent hiring
What expenses must a principal reimburse? Choose 2 answer choices. An attorney pays for drone photography fees to produce an exhibit for trial. Replacement cost of equipment the agent dropped while waving at a friend. A homeowner selects a particular granite for kitchen countertops and instructs a contractor to purchase it. An agent purchases materials for a project after the agency ends and before the principal authorizes the project.
An attorney pays for drone photography fees to produce an exhibit for trial AND A homeowner selects a particular granite for kitchen countertops and instructs a contractor to purchase it.
Which of the following statements are true about an uncompensated agent? Choose 2 answers. An uncompensated agent is not compelled to act on behalf of the principal. If an uncompensated agent acts on behalf of a principal, he may be held liable for losses that occur due to his actions. If an uncompensated agent acts on behalf of a principal, he may not be held liable for losses that occur due to his actions. If an uncompensated agent acts on behalf of a principal, he may be held liable for losses that occur due to his actions only if those actions are malicious.
An uncompensated agent is not compelled to act on behalf of the principal AND If an uncompensated agent acts on behalf of a principal, he may be held liable for losses that occur due to his actions.
Where do the funds to pay out workers' compensation claims come from? Businesses form alliances and hold funds in joint savings accounts. Businesses must maintain privately held savings accounts. Business contributions to a federally held fund Business contributions to a state held fund
Business contributions to a state held fund
A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply? Contractual agreements. Public policy. Statutes. Tort law.
Contractual agreements.
Which of the following workers are generally NOT eligible for workers' compensation? (Choose 3 answers.) Domestic workers Temporary workers Agricultural workers Construction workers
Domestic workers AND Temporary workers AND Agricultural workers
Who can terminate an agency relationship? Neither may terminate the agency until the terms of the agreement have transpired. Only the principal may terminate. Only the agent may terminate. Either the agent or the principal may terminate.
Either the agent or the principal may terminate.
What are the two types of actual authority? Choose 2 answer choices. Apparent authority Express authority Fiduciary relationship authority Implied authority
Express authority AND Implied authority
What will terminate an agency relationship? Choose 3 answers. achievement of the purpose of the agency mutual agreement between agent and principal passage of one year, as agency agreements must be updated annually lapse of a pre-specified time
achievement of the purpose of the agency AND mutual agreement between agent and principal AND lapse of a pre-specified time
What is the term for a person who has been appointed by another person to act on the second person's behalf and in the second person's best interest? agent principal employer client
agent
The Civil Rights Act of 1964 applies to: companies with 15 or more employees. only companies that hire on a seasonal basis. all companies. companies with 5 or more employees.
companies with 15 or more employees.
Employers are not required to make accommodations for employees: if the employer determines that the employee is not entitled to accommodation. ever. if that accommodation is a burden on the employer. if that accommodation causes an undue hardship on the business.
if that accommodation causes an undue hardship on the business.
Marlo is about to be transferred overseas and wants to sell her house. Julianna, who is not a real estate agent, offers to sell the house for Marlo for free. Marlo jumps at the chance to get such a valuable service for free! Because Julianna offered to sell the house for free, Julianna owes Marlo: the duty to use reasonable diligence and skill to sell the house. no duty to sell the house, but if Julianna does attempt to sell the house, she owes Marlo the duty to use reasonable diligence and skill in performing the task. the duty to perform as a reasonable real estate agent would perform in selling the house. no duty at all, because there was no compensation flowing from Marlo to Julianna.
no duty to sell the house, but if Julianna does attempt to sell the house, she owes Marlo the duty to use reasonable diligence and skill in performing the task.
What are some good reasons to refrain from disclosing an agency or a principal's identity? Choose 2 answer choices. When a principal wishes to remain anonymous for privacy reasons When a principal wishes to enter into transactions, but is concerned that if third parties knew his or her identity they would be less likely to enter into the agreement When a principal does not have adequate resources in case he or she is held liable for damages related to an agency relationship When a principal wishes to avoid exposure to liability
When a principal wishes to remain anonymous for privacy reasons AND When a principal wishes to enter into transactions, but is concerned that if third parties knew his or her identity they would be less likely to enter into the agreement
In what situations must a principal indemnify an agent? The principal must indemnify a person who is acting as an agent, but is not an agent, if that person's acts on behalf of the principal are lawful. When an agent performs a lawful task requested by the principal and is sued for that action by a third party. A principal must indemnify an agent in all situations. A principal is not required to indemnify an agent.
When an agent performs a lawful task requested by the principal and is sued for that action by a third party.
