LAW 231- Comprehensive Exam 2 (Part 2)

The Uniformed Services Employment and Reemployment Rights Act applies to a. all of the choices. b. all private employers. c. all public employers. d. U.S. employers operating in foreign countries.

a. all of the choices.

Based on Nan's conduct, Odel reasonably believes that Poppy has the authority to act on Nan's behalf even though Poppy does not have the actual authority to do so. In this circumstance, Poppy has a. apparent authority. b. implied authority. c. no authority. d. express authority.

a. apparent authority.

Heber, Irma, and Jon apply to work for Kitchen Chicken Inc. in Louisiana. These individuals' eligibility to work must be verified by a. state officials. b. Kitchen Chicken. c. federal authorities. d. the applicants.

b. Kitchen Chicken.

Gary drives a truck as an employee for Hauling Inc. Gary would most likely be considered acting outside the scope of her employment if he a. ran over an attendant at a gas station while refueling the truck. b. crashed into a car at the airport while off duty. c. hit a pedestrian in a parking lot during a "working" lunch. d. smashed into a store-front while intoxicated on-duty.

b. crashed into a car at the airport while off duty.

Romero employs Supply Procurement Service as an agent under a written agreement that describes the rights and duties of both parties. This is a. apparent authority. b. equal authority. c. express authority. d. implied authority.

c. express authority.

Title VII of the Civil Rights Act applies to employers and labor unions with at least a. one employee or member. b. five employees or members. c. ten employees or members. d. fifteen employees or members.

d. fifteen employees or members.

Riverside Resort replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is a. deserving of higher pay than the individual who replaced her. b. older than the person who replaced her. c. generally more dependable than the individual who replaced her. d. qualified for the position.

d. qualified for the position.

An independent contractor is, by definition, an employee because the person's physical conduct is controlled, or subject to control, by the employer. t or f

f

During collective bargaining, an employer cannot use a lockout to prevent employees from working even if the employer believes that a strike is imminent t or f

f

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

t

Employers who provide health insurance to their employees must ensure that the employees' health information is not disclosed to unauthorized parties. t or f

t

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

t

Most of the states and the federal government have enacted statutes to protect employees who report wrongdoing from employer retaliation. t or f

true

Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to the hosts of banquets and other events. In this capacity, Rosario is a. a principal. b. an independent contractor. c. an agent. d. an employee.

b. an independent contractor.

The waiters who work for Sports Time Grill receive tips on the job. Under the Fair Labor Standards Act, Sports Time is required to pay the wait staff a. the federal minimum wage, minus the tips, which must be remitted. b. the federal minimum wage, plus a tax credit for cash tips. c. the federal minimum wage, plus the tips. d. $2.13 an hour, plus the tips, to equal at least the federal minimum wage.

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

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of a. all of the choices. b. education. c. experience. d. gender.

d. gender.

Both parties to an agency relationship have the power and the right to terminate the relationship at any time. t or f

false

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely a. a constructive discharge. b. none of the choices. c. a voluntary quit. d. employer retaliation.

a. a constructive discharge.

Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is a. disparate-treatment discrimination. b. not discrimination. c. a constructive discharge. d. disparate-impact discrimination.

a. disparate-treatment discrimination.

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that a. other persons of her race hold similar positions with similar employers. b. she was rejected for a position by the employer. c. she is a member of a protected class. d. she applied and was qualified for the job in question.

a. other persons of her race hold similar positions with similar employers.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must a. restore him to his same position or a comparable position. b. do nothing. c. reimburse him for his expenses while on leave. d. promote him to the status of a key employee.

a. restore him to his same position or a comparable position.

Ceramic Workers Union represents the workers of Delta Tile LLC. The union fails to hold elections for union officers. This most likely violates a. the Labor-Management Relations Act. b. no federal law. c. the Fair Labor Standards Act. d. the Labor Management Reporting and Disclosure Act.

a. the Labor-Management Relations Act.

Retail Store Inc. is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is a. the highest minimum wage. b. the city minimum wage. c. the federal minimum wage. d. the state minimum wage

a. the highest minimum wage.

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except a. to go on an extended family vacation. b. to care for a newly adopted child. c. to care for a newly placed foster child. d. if the employee is unable to perform the essential functions of his or her job due to a serious health condition.

a. to go on an extended family vacation.

Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply a. Lomax must have been Motor's employee for at least forty years. b. Lomax must be forty years of age or older. c. Motor must have been in business for at least forty years. d. Kyla must be forty years of age or younger.

b. Lomax must be forty years of age or older.

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of a. a majority group. b. a protected class. c. an employers' association. d. a union.

b. a protected class.

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of a. the primary duties of the jobs. b. all of the choices. c. a seniority or merit system. d. any factor other than gender.

b. all of the choices.

The doctrine of respondeat superior imposes liability for an agent's tort on a principal without regard to the personal fault of the agent. a. an agent and a principal. b. an agent. c. none of the choices. d. a principal.

b. an agent. .

An affirmative action plan may be found to be constitutional if it a. is not changed or eliminated after accomplishing its goal. b. attempts to remedy past discrimination. c. violates the equal protection clause of the Fourteenth Amendment. d. makes use of quotas or preferences.

b. attempts to remedy past discrimination.

Corporate Enterprises Inc. provides its employees with a closed, in-house, e-mail system, which the company expressly restricts to business-related interactions. Employees who use the system a. have a reasonable expectation of privacy in their use of the system. b. cannot reasonably expect their interactions to be private. c. are protected from monitoring but cannot sue their employer. d. can hold the employer liable for monitoring their communications.

b. cannot reasonably expect their interactions to be private.

The Americans with Disabilities Act applies to workplaces with at least a. one worker. b. fifteen workers. c. ten workers. d. five workers.

b. fifteen workers.

Federal overtime provisions apply only after a covered employee works more than a. one year for the same employer. b. forty hours in a week. c. twenty days in a month. d. eight hours in a day.

b. forty hours in a week.

The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for a. periods of unemployment, subject to eligibility requirements. b. injuries that arise in the course of employment, regardless of fault. c. all of the choices. d. retirement, disability, death, and hospitalization insurance.

b. injuries that arise in the course

Financial Accountants P.A. is a private employer. In most circumstances, federal law generally prohibits Financial from subjecting its employees to a. electronic monitoring. b. lie-detector tests. c. drug tests. d. none of the choices.

b. lie-detector tests.

Ben takes temporary family leave from his job at Car Sales Company to care for a newborn baby. With respect to the employee's health-care coverage, during the leave, under the Family and Medical Leave Act, the employer a. must add the baby to it. b. must continue it. c. may suspend it. d. may terminate it.

b. must continue it.

During a strike, unionized employees who picket their workplace a. are guaranteed the right to return to work after the strike. b. none of the choices. c. do not lose their right to be paid. d. can form a barrier and deny nonunion workers access to the workplace.

b. none of the choices.

A key provision of the Employee Retirement Income Security Act (ERISA) concerns vesting. Vesting gives an employee who stops working a legal right to receive a. all of the choices. b. pension benefits. c. disability, death, and hospitalization insurance. d. unemployment compensation.

b. pension benefits.

Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is a. employer retaliation. b. quid pro quo harassment. c. hostile-environment harassment. d. none of the choices.

b. quid pro quo harassment.

Energy Company employs Fred to negotiate the purchase of mineral rights for future mining projects. Fred secretly buys some of the property and sells it to Energy at a profit. Fred has breached a. the duty of performance. b. the duty of loyalty. c. no duty. d. the duty of notification.

b. the duty of loyalty.

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that a. the employer feared it would be sued if it used the test results. b. the practice in question was justified. c. statistically the practice in question is discriminatory in effect. d. any discriminatory effect was unintended.

b. the practice in question was justified.

Diamonds & Gold Inc. hires Esmé to buy gems and precious metals from various sources on its behalf. In this relationship, Diamonds is a. an employee. b. an agent. c. a principal. d. an independent contractor.

c. a principal.

Nora works at Oil & Gas Inc. She is a sales representative who works with Oil & Gas customers. The company closely supervises its sales reps, and dictates their schedules. With respect to third parties, Nora is a. a principal. b. an employee only. c. an employee and agent. d. an independent contractor.

c. an employee and agent.

Rene is a delivery driver for Sicilian Pasta Company. Rene does exactly what the company tells her. Rene is a. an independent contractor. b. an employer. c. an employee. d. a principal.

c. an employee.

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to a. insist that their employer require union membership to work. b. require their employer to contribute financially to their union. c. bargain collectively with their employer through their representative. d. none of the choices.

c. bargain collectively with their employer through their representative.

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is a. disparate-treatment discrimination. b. not discrimination. c. disparate-impact discrimination. d. a constructive discharge.

c. disparate-impact discrimination.

Myra, a female, and Neil, a male, are employees of Operation Business Corporation. Myra regularly e-mails sexually explicit images via Operation's network to Neil, who finds the images offensive. This is most likely a. none of the choices. b. a constructive discharge. c. hostile work environment harassment. d. quid pro quo harassment.

c. hostile work environment harassment.

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform a. no one. b. the public generally. c. its employees. d. its clients and others who communicate with the employees.

c. its employees.

Bakery LLC hires Cora to sell the company's products in a certain area. The company agrees to pay Cora a salary, plus commission, for a trial period. They also agree that she can sell using any methods and during any hours that seem appropriate. The key factor in whether Cora is an employee is a. the size of the sales area. b. the length of the trial period. c. the degree of the employer's control over the details of the work. d. the amount of the salary.

c. the degree of the employer's control over the details of the work.

Interstate Commodities Inc. keeps a file of I-9 verifications forms, which are required by the Immigration Reform and Control Act. To monitor compliance with the act, random audits and enforcement actions are conducted by a. the governments of interested foreign nations. b. the local office of the National Labor Relations Board. c. the federal government. d. the government of the state in which the company is based.

c. the federal government.

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants a. only if the immigrants file special forms. b. only if the employer files a special form. c. under no circumstances. d. if either the employer or the immigrants file special forms.

c. under no circumstances.

The Affordable Care Act requires most employers with fifty or more full-time employees to offer health-insurance benefits. Under the act's 50/30 rule, qualified employers who fail to provide insurance a. must reduce their full-time workforce to no more than thirty workers. b. may be required to pay 30 percent of employees' healthcare costs. c. will be fined for each employee after the first thirty. d. are subject to a reduction of eligible tax credits from 35 to 30 percent.

c. will be fined for each employee after the first thirty

Bey indicates that he is acting as an agent on behalf of an unidentified client—Cuisine LLC—when he enters into a contract with Diners Bistro. Cuisine is a. an undisclosed principal. b. a partially disclosed principal. c. an apparent agent. d. a disclosed principal.

d. a disclosed principal.

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover a. compensatory, but not punitive damages. b. punitive, but not compensatory, damages. c. an unlimited amount of compensatory and punitive damages. d. a limited amount of compensatory and punitive damages.

d. a limited amount of compensatory and punitive damages.

Game Stores Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they a. are laid off for budgetary reasons. b. have their hours decreased from full-time to part-time. c. quit their jobs voluntarily. d. are fired for gross misconduct.

d. are fired for gross misconduct.

Under the Immigration Act, specialty temporary work visas are not available for a. a company's managers or executives, or investors or entrepreneurs. b. persons with "extraordinary ability" in the sciences, arts, or business. c. workers performing agricultural work of a "seasonal nature." d. foreign workers whose hiring will adversely affect domestic workers.

d. foreign workers whose hiring will adversely affect domestic workers.

Bricklayers Union represents workers of Construction Inc. The union and the employer bargain in good faith but hold genuine differences of opinion. The union may call a strike a. under no circumstances. b. as a coercive tactic, against the employer's suppliers or customers. c. to form a barrier and deny management access to the workplace. d. if the union believes that the parties have reached a stalemate.

d. if the union believes that the parties have reached a stalemate.

A majority of the workers at Packing & Shipping Inc. sign authorization cards. Union organizers present the cards to the firm and ask for formal recognition of the union. The employer a. is required to honor the request on a showing of majority support. b. cannot recognize the union without an election. c. must petition the National Labor Relations Board to hold an election. d. may voluntarily recognize the union, but is not required to do so.

d. may voluntarily recognize the union, but is not required to do so.

Fresh Food Packing Inc. employs 1,800 workers in its storage, packing, and shipping facilities. Employees who lose their jobs with Fresh Food are not eligible for unemployment compensation if they a. are actively seeking employment. b. are laid off for budgetary reasons. c. have their hours decreased from full-time to part-time. d. quit their jobs voluntarily.

d. quit their jobs voluntarily.

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under a. the Age Discrimination in Employment Act. b. no federal law. c. Title VII of the Civil Rights Act. d. the Americans with Disabilities Act.

d. the Americans with Disabilities Act.

Compliance with Title VII of the Civil Rights Act is monitored by a. state and local governing agencies. b. businesses affected by interstate commerce. c. protected classes. d. the Equal Employment Opportunity Commission.

d. the Equal Employment Opportunity Commission.

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates a. no federal law. b. the National Labor Relations Act. c. the Fair Labor Standards Act. d. the Labor-Management Relations Act.

d. the Labor-Management Relations Act.

Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached a. the duty of loyalty. b. no duty. c. the duty of performance. d. the duty of obedience.

d. the duty of obedience.

Salsa Inc. employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of a. up to twelve pay periods. b. no limited duration. c. up to twelve days. d. up to twelve weeks.

d. up to twelve weeks.

Devlin is thirteen years old. Under the Fair Labor Standards Act, he cannot a. deliver newspapers. b. work in any job. c. work for her parents. d. work in a hazardous occupation.

d. work in a hazardous occupation.

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment. t or f

f

The doctrine of respondeat superior imposes liability for an agent's tort on a principal without regard to the personal fault of the agent. t or f

f

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

false

Manufacturers and suppliers entering into contracts with agencies of the federal government are exempt from federal wage-hour requirements. t or f

false

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

false

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country. t or f

false

Private employers are generally free to hire and fire workers at will, regardless of the employees' performance. t or f

t

The Immigration Act limits the number of legal immigrants entering the United States. t or f

t

The Immigration Reform and Control Act provided amnesty to a certain group of aliens living illegally in the United States. t or f

t

The greater the employer's control over the work, the more likely it is that the worker is an employee. t or f

t

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

true