PRT 3206 Hospitality Law Final Review
The U.S. federal wage and hour law applies to:
"enterprises" with an aggregate gross volume of sales made or business done totaling $500,000 or more a year.
According to the Consumer Product Safety Act, if you are injured by a product and wish to sue for a "knowing (including willful)" violation of a consumer product safety rule, the alleged damages in your case must exceed _________.
$10,000
Employers who violate any provision of the Employee Polygraph Protection Act may be assessed fines of up to _______.
$10,000
A guest falls in a hotel lobby, breaks a leg, and sues the hotel for $100,000. The jury finds the guest 75% responsible for the fall, the hotel 25%. If this occurred in a state with the pure form of comparative negligence, the guest would receive ________in damages; if it occurred in a state with the 50% form of comparative negligence, the guest would receive ______in damages.
$25,000; $0
For a first offense, an employer who knowingly hires or continues to employ an unauthorized alien is subject to a civil fine of at least __________ and up to __________ for each unauthorized alien.
$250; $2,000
A tipped employee is defined by the Fair Labor Standards Act as an employee who customarily and regularly receives more than __________ per month in tips.
$30
If someone sues your company for sex discrimination and wins, the Civil Rights Act of 1991 says that that person may collect:
$50,000 to $300,000 in damages, depending on the size of the employer's workforce.
A "bed tax" is a tax:
... (it is NOT based on the total number of beds in a hotel or other lodging establishment.)
According to the Family and Medical Leave Act, under circumstances, as outlined under the Act (the birth of a child, the need to care for a sick spouse, and so on), an eligible employee is entitled to __________ workweeks of leave during any 12-month period.
12
One restriction on the employment of students at sub-minimum wage rates is that students shall not exceed a total of _____ hours during the workweek when school is out of session.
40
The Age Discrimination in Employment Act makes it unlawful for an employer to discriminate on the basis of age against a person who is:
40 or older
What is the minimum number of employees an employer must have in order to be subject to the Family and Medical Leave Act?
50
A business can legally employ up to __ full-time students at subminimum wages, so long as such employment does not reduce employment opportunities for a person other than full-time students.
6
When uniformly spaced standpipe units or hose stations are not provided, OSHA requires that extinguishers for Class A fires be located so that an employee need not travel more than __________ to obtain a Class A unit.
75 feet
Which of the following statements about corporate franchise taxes is FALSE?
A corporation pays the corporate franchise tax only in the state where it incorporated, even if it does business in other states.
Which of the following would preclude a "paperless check-in"?
A guest reserves a room in a state that requires the guest sign a card or register.
Which of the following statements is FALSE?
A guest's right to privacy in the guestroom exists even if the room rent is in arrears.
Which of the following statements is FALSE?
A hotel can insulate itself from liability by hiring outside contractors and service providers.
Which of the following statements regarding a hotel's liability relating to non-guest property is TRUE?
A hotel's liability for the property loss of a non-guest is covered by the law of ordinary bailments.
Which of the following illustrates the essential difference between a tort and a crime?
A tort is redressed at the suit of the injured party.
What is the difference between a void contract and a voidable contract?
A void contract is unenforceable; a voidable contract can be either affirmed or disaffirmed at the option of one or more of the contracting parties.
Which of the following would NOT be considered a "serious health condition" under the FMLA?
All of the above are considered serious health conditions under the FMLA.
Which of the following guests would NOT be covered under the public accommodations provisions of the ADA?
All of the above would be covered under Title III.
Which of the following elements must be present for a guest to bring an action against a hotel based in tort?
All of the above.
Which of the following statements about employee use of business computers is true?
All of the above.
Why should hotelkeepers be wary of detaining guests they suspect of theft or fraud?
All of the above.
Which of the following statements about Internet privacy is FALSE?
An Internet site must by law list its privacy policy on the site.
Which of the following best describes a per se violation?
An activity is a per se violation is merely proving that you engaged in the activity proves the violation, regardless of the reason behind the conduct.
Which of the following would NOT be covered under workers' compensation?
An employee injures himself at home and is unable to work for a week.
A hotel is located in a state that has statutorily reduced hotelkeepers' common law liability for guests' property. Typically, how can this hotel limit its liability for the loss of guest valuables?
Both of the above.
What is a hotel's liability for loss of a nonguest's property under the theory of bailment?
Both of the above.
A jeweler contacts and informs a hotel that he will be visiting a client in the hotel's restaurant for dinner. He further states that he will be bringing a selection of highly valuable gemstones with him. The hotel's representative responds by saying, "Very good, sir. We look forward to your visit. " After the meal, the jeweler reports that his gemstones have somehow disappeared. Which of the following statements best describes the hotel's potential liability for the loss of the gemstones?
By allowing the jeweler to bring the gemstones into the hotel, the hotel had constructive possession of the gemstones and may be held liable if the loss was caused by its negligence.
If you advertise for job applicants of a particular race, creed, sex, or national origin, you are in violation of the:
Civil Rights Act of 1964.
What is the best class of fire extinguisher to use on a grease fire in the kitchen?
Class B extinguisher
What class of fire extinguisher should be used on an electrical fire?
Class C extinguisher
The managers of two competing hotels are old friends. They often communicate by email. In one exchange of messages, they mention the idea that they should both raise their prices. During a later face-to-face discussion, they agree that they were joking, but they worry that the messages may not make this obvious. To eliminate any problem, they go back to their offices and delete the relevant messages. Which of the following statements is FALSE?
Email messages are specifically excluded from the forms of evidence that may be admitted in an antitrust case.
Which of the following statements about antitrust issues and email is FALSE?
Email messages are specifically excluded from the forms of evidence that may be admitted in an antitrust case.
The employment taxes under the federal Social Security program are presently levied under:
FICA
Most hotels post their rates, but this is seldom a legal requirement.
False
Which of the following statements about FinCEN is true?
FinCEN stands for "Financial Crimes Enforcement Network."
The regulations implementing Title III of the ADA recommend which of the following priorities for removing barriers in public accommodations?
First, make sure the entryway of the facility is accessible; second, provide access to the primary goods and services provided by the facility; third, provide access to the public restrooms of the facility
Which tax form must an employer furnish to each employee on or before January 31?
Form W-2
Mr. Smith suffers an injury due to the hotel's negligence but he is partly responsible for the injury. The hotel is located in a state that abides by the contributory negligence rule. What is the probable outcome if Mr. Smith takes the hotel to court?
He will not recover any damages.
Which of the following statements concerning insurance for group conventions is true?
Hotel representatives should review the insurance carried by the convention or group.
Which of the following statements regarding a hotel's duty to protect its guests is true?
Hotels must exercise reasonable care to prevent injury to a guest.
Which of the following statements is FALSE?
If a hotel posts diagrams and instructions on how to aid a choking victim, the hotel staff is obligated by law to render such aid whenever necessary.
Which of the following statements about a hotel's liability for guest valuables is FALSE?
If a hotel provides a safe or safe deposit boxes for guests, it is excused from all liability for the loss of guest property EXCEPT for loss caused by the hotel's gross negligence.
The common law system was first developed:
In England during the Middle Ages
What is a hotel's obligation to protect its guests?
It must exercise "reasonable care" to prevent injury to guests.
How does the doctrine of respondeat superior affect the hotel as an employer?
It states that an employer may be held liable for the acts of employees who are acting within the course of their employment.
Because a hotel deals in traveler's checks, money orders, check cashing, and other money transactions when dealing with guests, it has the potential to be designated in the eyes of the U.S. Treasury Department as a(n):
Money Services Business (MSB).
Which of the following statements about hotel fire brigades is TRUE?
OSHA does not require fire brigades, but it does impose requirements if a hotel chooses to set up a fire brigade.
OSHA requires employers to perform a maintenance check on portable fire extinguishers:
Once a year
When can used liquor bottles be sold?
Only "unusual or distinctive" liquor bottles can be sold, and only to collectors.
You are the manager on duty when a hotel janitor is pricked by a discarded hypodermic needle. You take the janitor to the local hospital, where a physician recommends that the janitor receives the hepatitis B vaccine. The janitor refuses the vaccine. What should you do?
Require the janitor to sign an OSHA waiver.
Sandra is the manager of a restaurant that advertises and serves fresh-squeezed orange juice. On days when fresh-squeezed is not available, Sandra serves orange juice made from frozen concentrate instead. She has noticed that when she informs patrons that the juice is not fresh, sales decline markedly. Which of the following statements is TRUE?
Sandra should have her servers explain the substitution when patrons wish to order orange juice.
Which of the following statements about the U.S. state courts is true?
State courts are independent of one another and are not bound by the judicial precedents of other states.
Which of the following statements about a hotel's liability for the loss of guests' property is true?
State statutes often significantly limit a hotel's liability for the loss of guests' property.
Which of the following statements is true?
Statutes often fail to state clearly whether a hotel's negligence may affect its statutory limit of liability.
Which of the following statements regarding the FCC is FALSE?
The FCC permits hotels and motels to set their own rates for resale of intrastate telephone service.
An employee setting up your hotel's web site informs you that it would be easy to profile the site's users by tracking their movements about the Internet. You immediately realize the value of such information to marketers. Which of the following statements is TRUE?
The FTC dislikes this practice and may take action against the hotel if it feels the hotel's web site used deception in gathering such information.
Which of the following statements about hotel management contracts is true?
The company that manages the hotel usually pays the operating expenses.
Which of the following represents one of the four elements a plaintiff is required to show in order to bring an action against a hotel based in tort?
The defendant hotel owed and breached a duty of care to the plaintiff.
A hotel refuses to accept a guest with a valid reservation because it has no rooms available. On what grounds might the hotel be liable?
The guest may sue for breach of contract
What is a hotel's liability for automobiles belonging to guests?
The hotel may be held liable for a guest's automobile should it be lost or damaged, but the scope of the hotel's duty and the legal standard of care to which the hotel may be held vary from state to state.
What degree of responsibility for a guest's protection does a hotel bear when the guest uses the hotel's recreational facilities (such as a swimming poor or exercise room)?
The hotel owes the guest the duty of reasonable care.
Of the following ways, a hotelkeeper may dispose of a deceased guest's property, which one best protects the hotel legally?
The hotelkeeper should deliver the property to the executor or administrator of the deceased or to the Public Administrator, and ask for a detailed receipt.
Which of the following reasons for refusing to admit a person as a guest is unlawful?
The person is from a foreign country.
Which of the following statements is FALSE?
The use of sulfiting agents as a freshener for salad bar items is typically considered a violation of truth-in-menu laws.
Which of the following statements are false? The Federal Trade Commission (FTC) requires a franchisor to disclose to prospective franchisees the:
There are no False statements
How are hotelkeepers compensated for placing pay phones in their hotels?
They are paid a commission by the telephone company.
A prospective guest contacts a hotel by mail and asks to make a reservation for arrival on a specific day for a stay of three days. The hotel sends a written confirmation back to the prospective guest stating that the guest's room will be held for his arrival on the day he requested. Which of the following statements is true?
This agreement is binding on both the prospective guest and the hotel.
Which of the following statements regarding hotel room occupancy taxes is FALSE?
This type of tax is used when a sales tax is not applicable to hotel room charges.
The purpose of the laws on warranties is to:
To determine what the seller has in essence agreed to sell
In some states, building codes may establish a standard of conduct greater than the common law standard of reasonable care.
True
U.S. hotels are obligated to send a statement to credit card and credit account customers that outline the procedures they must follow for disputing billing errors.
True
What is the best course for a hotel to pursue if it has held possession of unclaimed guest property for six months or more?
Turn over the property to the police.
The law that gives the FBI the authority to request from a judge a secret court order that would force a hotel to turn over guest information to the FBI--including books, papers, and records--is called the:
USA PATRIOT Act
You are the manager of a hotel. You have used hotel funds to purchase several musical recordings that you plan to play through speakers in the hotel's public areas. Which of the following statements is TRUE?
Unless your hotel has a license agreement and pays a royalty, this use of the recordings will typically constitute copyright infringement.
Which of the following statements about the Family and Medical Leave Act is FALSE?
When spouses entitled to leave under the FMLA are employed by the same employer, the husband and the wife are each entitled to 12 weeks leave during the same 12-month period.
What is the potential penalty under the Copyright Act of 1976 for willful copyright infringement?
Willful infringement may carry a statutory fine of up to $150,000.
A hotel plays recorded music in its lobby and atrium areas. Is this hotel violating U.S. copyright law?
Yes, unless the hotel has a license agreement with the holder of the copyright.
Is it possible for two federal circuit courts to address the same law and yet reach conflicting decisions?
Yes. In such a case, the Supreme Court might settle the conflict or leave the conflicting decisions standing.
You decide to open a small bakery. Since you don't know much about the business, you rely on the sales representative from a commercial food service equipment manufacturer to help you outfit the bakery. You explain that you will be baking mostly pies and pastries. The representative recommends a particular type of oven, which you purchase. But you are unable to bake acceptable products because the oven generates uneven heat. You decide to take the sales representative to court. Do you have a case?
Yes. You are protected under the Uniform Commercial Code because the representative knew what you were using the oven for, and he/she was a merchant of commercial food service equipment.
Which of the following is NOT a violation of antitrust laws?
You refuse to deal with a potential customer.
What should you do if an attorney asks for permission to examine the hotel's guest register on behalf of a client?
You should ask the attorney to provide you with a subpoena or court order requiring the hotel to produce its records
You discover a deceased guest in a guestroom. You seal the room and call the police. When two officers arrive, you let them into the room. During their investigation, you see them take possession of the deceased guest's wallet and some papers he had in his pocket. What should you do?
You should ask the police to give you a receipt for whatever they take from the deceased guest's person and room.
You are the general manager of the Bluestone Hotel. You run the name of a potential new business associate against the "specially designated nationals" list and there is a match. What should you do next?
You should do a little more research before contacting authorities.
You are the chairperson of a hotel association meeting. At the general meeting opening the association's activities, one of the members of the association makes a flippant remark about how nice it would be if everyone could raise room rates next year. Some of the other members begin to join in with light-hearted comments agreeing with the sentiment. What should you do?
You should put an end to the discussion immediately.
What should you do if a police officer asks for permission to examine the hotel's guest register?
You should request that the police officer show you a subpoena or court order.
Which of the following documents does the Immigration and Naturalization Service recognize as verifying both identity and authority to work?
a U.S. passport
What should a hotelkeeper do if a guest dies while at the hotel?
a and b
The public accommodations section (Title Ill) of the ADA may be enforced by:
a and b.
To constitute a binding agreement between a hotel and a person seeking to become a guest, the agreement must:
a and b.
For an implied warranty of fitness for a particular purpose to apply to a sales transaction, the seller:
a and c.
As a general rule, the innkeepers of today are required to provide accommodations to travelers who are willing and able to pay for such accommodations. This requirement is an example of:
a common law rule uniquely applicable to innkeepers.
A voidable contract can be defined as which of the following?
a contract that may be either affirmed or disaffirmed by either contracting party
"Privity of contract" means that:
a contractual relationship exists between the person suing and the party being sued.
A hotel should allow examination of the guest register if:
a court order is presented.
When a hotel is operated under a management contract:
a hotel chain or independent hotel management company has agreed to run the hotel for the hotel's owner in return for a management fee.
Under the FMLA, eligible employees can take unpaid leaves of absence in order to care for:
a newborn or newly adopted child.
Which of the following people would be considered a "tipped employee" under the Fair Labor Standards Act?
a person who regularly receives more than $30 a month in tips
All of the following documents are acceptable to establish employment authorization EXCEPT:
a state-issued driver's license
Which of the following is a private injury that is redressed at the suit of the injured party?
a tort
Which of the following factors is NOT addressed as a form of illegal discrimination in the Civil Rights Act of 1964?
age
A hotel can evict an individual who is not a guest for which of the following reasons?
all of the above
A hotel may be responsible for or subject to which of the following state and local taxes?
all of the above
If held in a hotel that has a master agreement with ASCAP, which of the following events would require a separate license agreement with ASCAP in order to use music performances legally?
all of the above
In what way do building codes affect hotels?
all of the above
OSHA has established standards for:
all of the above
State and/or local health regulations usually contain specific provisions relating to restaurants. Such regulations may cover in detail the general topics of:
all of the above
Typical provisions of a franchise contract include:
all of the above
What can happen to a hotel that wrongfully refuses a guest accommodation?
all of the above
Which of the following activities is an unfair labor practice forbidden by the National Labor Relations Act?
all of the above
Which of the following areas are addressed by state consumer protection laws?
all of the above
Which of the following is a type of crime often committed against hotels?
all of the above
Which of the following is an area typically addressed in truth-in-menu laws?
all of the above
Which of the following statements about a deceased guest's personal property is true?
all of the above
A hotel has the right to evict a guest due to:
all of the above.
According to the Immigration Reform and Control Act of 1986 and Immigration and Naturalization Service (INS) regulations, an employer may establish both an employee's identity and his/her authority to work using which of the following?
all of the above.
Applying the "rule of reason" standard in an antitrust case means that:
all of the above.
Federal antitrust laws are contained in:
all of the above.
If a hotel fails to honor a guest's reservation, the guest may sue for:
all of the above.
If a hotel guest is taken ill with a contagious disease, the hotelkeeper can lawfully evict the guest:
all of the above.
In cases in which an employer may legally require a polygraph exam, the polygraph examiner may share the results of the polygraph exam with:
all of the above.
Public health laws often establish cleanliness standards for:
all of the above.
State and local taxes that hotels may be subject to or may be responsible for collecting include:
all of the above.
Subjects related to food service typically covered by state and local health regulations include:
all of the above.
The Americans with Disabilities Act makes it unlawful for an employer to ask a job applicant:
all of the above.
Types of public health regulations that often apply to hotels not served by public water supplies and sewage systems include:
all of the above.
Under the ADA, an individual with a disability is defined as:
all of the above.
In states having "right-to-work" laws:
an employee cannot be required to join a union as a condition of employment.
Right-to-work laws decree that:
an employee is not required to join a union even if a majority of the employees vote to have a union.
The Sherman Act prohibits anyone from entering into a contract that constitutes an unreasonable restraint of trade. The courts have interpreted the word "contract" to mean:
any form of understanding--even a wink or a nod.
To become a bailee, a hotel must:
assume possession and control over property.
When can an OSHA inspector inspect a hotel?
at any time during regular working hours
How should a hotelkeeper detain a guest suspected of wrongdoing?
b and c
Which of the following terms refers to a transfer of personal property?
bailment
If an employee receives $20 per month or more in tips, the tips are subject to:
both FICA and FUTA taxes
Hotels come under the coverage of the Civil Rights Act of 1964 because:
both of the above.
The Tax Equity and Fiscal Responsibility Act (TEFRA) requires employers to:
both of the above.
Under Title II of the Civil Rights Act of 1964, a person who alleges discriminatory acts by a hotel can:
bring a civil action in federal district court to seek preventive relief.
You are the manager of a hotel. FBI agents approach you at the front desk and ask to examine the hotel's guest register as part of an investigation. You should:
call the hotel's attorney and get legal advice before permitting the examination.
Which of the following is a type of protection clause that should be covered in a convention contract?
cancellation clause
Which of the following is NOT a required element in the formation of a legally enforceable contract?
citizenship in the country where the contract is created
A bed tax is a tax:
collected whenever a guest rents a guestroom.
According to the doctrine of res ipsa loquitur:
common experience sometimes permits a reasonable inference of negligence from the occurrence itself.
Which of the following are the two theories under which a hotel might be held liable for serving unwholesome or improperly prepared food?
common law negligence and breach of an implied warranty
A franchise tax is a corporation's:
compensation to a state government for the services and benefits it provides (such as police protection, maintenance and use of roads, and so on).
A longstanding hotel guest has traditionally paid his bill on a weekly basis. If that guest stops paying for the room and refuses to leave, a hotelkeeper should:
consult an attorney to determine whether a dispossession proceeding is required before acting.
The federal government has made the fraudulent use of credit cards a:
criminal offense.
Which of the following would violate typical truth-in-menu laws?
describing an apple pie as "homemade" on the menu when, in fact, it is a frozen "heat and serve" pie
Most states require a hotel to obtain a license to:
do all of the above
If a hotel has a fire brigade, OSHA requires that the hotel:
do all of the above.
It is common for state and local governments to pass laws and regulations that:
do all of the above.
Once a facility acquires an on-premises license to sell alcoholic beverages, it cannot __________ without permission from the State Liquor Authority.
do any of the above
If you ask a beverage server to clean up a bar patron's vomit, you must:
do both a and b.
Common law rules have generally evolved from which of the following?
early English social customs and judicial decisions
Under OSHA regulations, if an accident results in the hospitalization of three or more workers or in a fatality, the employer must notify OSHA within:
eight hours.
When a guest's valuables are lost and the hotel's negligence is alleged as the cause, the hotel:
either of the above, depending on the state.
According to the Copyright Act of 1976, no person can give a "public performance" of copyrighted music unless he/she:
either of the above.
To sell alcoholic beverages, a hotelkeeper must apply for licenses from:
either the local Alcoholic Beverage Control Board or the State Liquor Authority.
Workers' compensation insurance is paid for by:
employers.
Under the doctrine of strict liability, the hotel or restaurant is required to do all of the following actions EXCEPT:
establish an express or implied warranty between the seller and the patron.
How often should a hotel review its convention or group contracts?
every two or three years
An oral or written representation made by a seller to a buyer relating to the goods for sale is called a(n)_____ warranty.
express
If you ask an employee to work on his/her Sabbath and the employee refuses to do so, you may:
fire the employee for failure to work, but only if you can demonstrate that you cannot accommodate the employee without undue hardship on the conduct of your business.
When calculating the tax threshold for tip reporting purposes, employers must include which of the following?
food or beverage charges to a hotel room
A hotel should advise a convention or group-travel client to carry insurance.
general liability
When a guest dies in a hotel, the hotelkeeper should:
handle the guest's personal property in accordance with the hotel's statutory obligations, if any.
If a hotel takes possession of a non-guest's property, and the property is lost and the non-guest sues the hotel, the hotel:
has the burden of proof to show that it complied with the required standard of care with respect to the property.
If you employ 50 or more people and hold a federal contract that exceeds $50,000, you must:
have a written affirmative action plan that is acceptable to and monitored by the Department of Labor.
If an applicant is refused credit or employment partly because of the information in a credit report, the hotel must advise the applicant of all of the following EXCEPT:
his/her legal right to reapply.
The federal Hotel and Motel Safety Act requires:
hotels that host federal government employees to have hard-wired smoke detectors in all guestrooms.
Hotel manager A offers to pay hotel manager B a lump sum of money if B will agree to charge guestroom rates for the next 12 months that are the same as A's. B accepts the offer and takes the money. This contract is:
illegal, because the subject of the contract (price fixing) is illegal.
When a hotelkeeper or restaurateur sells food to a guest or patron, there is a warranty that the food is fit for consumption.
implied
Which of the following is a type of protection clause that should be covered in a convention contract?
impossibility of performance
Because of the notification requirement of the Consumer Credit Protection Act, hotels must:
inform credit card and credit account customers that they are entitled to monetary damages if a billing error is made on their account.
A Public Service Commission is typically in charge of regulating which of the following forms of telephone service?
intrastate telephone service
When a hotel agrees to become a bailee for a visitor who is not a guest, the hotel:
is bound by the applicable legal standard of care.
According to the ADA, "readily achievable removal" of barriers means removal that:
is easily accomplished and can be carried out without much difficulty or expense.
Under common law, if a guest places his/her coat in a checkroom at the hotel and the coat is lost, the hotel:
is liable for the coat unless it can prove that it was not negligent.
You are a hotelkeeper in a state that has statutorily limited your common law liability for guest property to $500. You have a safe in the front office for storing guest valuables that is available to guests at all times. In accordance with the statute, you have posted notices informing guests of this service, and informing them that the hotel's liability for guest valuables is limited to $500. A guest checking into the hotel claims that he just put his briefcase down momentarily and now it is gone. He claims the briefcase held $100,000 in jewelry. In this case, the hotel's liability:
is limited to $500.
If a hotel accepts delivery of a guest's mail from the post office, the hotel:
is under no legal obligation to deliver the mail to the guest.
With regard to the personal property of a deceased guest, a hotelkeeper should:
leave it untouched until the authorities have had the opportunity to examine the scene.
Consumer protection laws do not deal with which of these topics?
length of consumer contracts
If a convention or group uses charter buses, watercraft, or aircraft, it should consider __________ insurance to cover injury to persons and damage to property.
liability
Some public service commissions still prevent hotels from imposing a surcharge on their guests':
local and intrastate telephone calls.
Title III of the Americans with Disabilities Act (ADA) covers all places of lodging EXCEPT:
lodging places in which the proprietor resides and rents five or fewer rooms.
To exclude the value of lodging provided to employees from those employees' income, a hotel must:
make acceptance of such lodging a condition of employment and provide it on the business premises.
The purpose of truth-in-menu and labeling laws is to:
make sure food items are not misrepresented or inaccurately described on menus.
When an existing hotel alters an area of the hotel with a primary function, the hotel must also:
make sure the "path of travel" to the altered area is readily accessible and usable by disabled individuals.
A person who is NOT a guest or patron of a hotel:
may be excluded from the hotel in some cases.
If state courts issue rulings in cases involving hotels, the rulings:
may be used as a precedents in cases involving motels.
Exculpatory clauses:
may be void and unenforceable in some states.
Under common law, a father is generally liable for __________ furnished to a minor child whom he is obligated to support.
meals and lodging
If you serve alcoholic beverages to an intoxicated person who injures someone after leaving the bar, you might face a lawsuit under the common law theory of:
negligence.
The Federal Trade Commission requires franchisors to provide prospective franchisees with which of the following documents?
none of the above
When can an employer legally ask an employee to take a lie detector test?
none of the above
If a hotel fails to honor a guest's reservation, the guest may sue for damages equal to:
none of the above.
In general, to be covered by FUTA, an employer must have:
none of the above.
According to common law, it is a hotel's duty to receive guests because:
of the public nature of the hotel operation.
Employers must keep a record of work-related employee injuries and illnesses:
on an OSHA Log No. 200 form or an equivalent form
An implied contract is
one that is inferred from the acts of conduct of the parties.
An implied contract is:
one that is inferred from the acts of conduct of the parties.
The Occupational Safety and Health Administration (OSHA) has jurisdiction:
over any U.S. employer of one or more employees engaged in business "affecting commerce."
Which of the following is NOT typically a service a franchisor provides to a franchisee?
payment of debt service if the franchisee is unable to do so
What do you call an electronic device that records all numbers called from a particular telephone line?
pen register
Statutes of limitation have been enacted by the states so that
persons are protected from suits after witnesses have died, evidence has been lost, claims have been forgotten, etc.
Which of the following is not a service a franchisor might include in a typical franchise contract?
preparing weekly and/or monthly operating reports of the franchise operation for the franchisee)
When a hotel employee has reasonably trustworthy information indicating that a guest has committed a crime, that employee has:
probable cause.
State and local jurisdictions often justify regulation of hotels on the grounds of:
protecting the public interests.
The purpose of the federal antitrust laws is to:
regulate business conduct to preserve competition.
An employee election to determine the employees' choice of a collective bargaining agent is called a ______ election.
representation
Music that is downloaded from the Internet and used in a hotel:
requires the hotel to have a license.
If a hotel receives mail for a guest who has departed the hotel without leaving a forwarding mailing address, the hotel should:
return the mail to the post office.
With regard to food, the purpose of the federal Food, Drug, and Cosmetic Act is to:
safeguard consumers from the time the food "enters the channels of interstate commerce" until the time it is delivered to the ultimate consumer.
In the hotel industry, people who obtain food or lodging and leave without paying for it are usually called:
skips.
State Dram Shop Acts generally create a(n) __________ cause of action for persons injured by someone unlawfully selling alcoholic beverages.
statutory
To receive the benefits of statutory limits on its liability, a hotel typically must:
strictly comply with statutory regulations.
Which of the following are the two basic kinds of implied warranties under the Uniform Commercial Code?
that the goods are "merchantable" and that they are "fit for a particular purpose"
Responsibility for the enforcement of alcohol taxes and regulations is vested exclusively with:
the Bureau of Alcohol, Tobacco, and Firearms.
An employer who violates an employee's rights under the FMLA will be liable for damages equal to:
the amount of the employee's lost wages, salary, benefits, or compensation, plus the employee's court costs.
If the supreme court of any U.S state interprets a law in a certain manner:
the courts of other states may choose to accept or reject the court's reasoning.
If a hotel wins a suit against a person for failure to use a reservation for a room that subsequently went unsold, the damages owed the hotel would be:
the difference between the contract price and the hotel's cost of supplying the room.
An employee on intermittent or reduced-schedule medical leave may be transferred temporarily to another position if:
the employee is qualified for the alternative position.
If an employee is hired to work at a job covered by Social Security but does not have a Social Security card:
the employee must apply for a Social Security account number within seven days after starting work.
A hotel has an affirmative duty not to allow unregistered and unauthorized third parties access to a guest's room because:
the guest has rights of privacy and peaceful possession.
The U.S. Supreme Court has made it clear that when a hotel guest has paid for the room:
the guest is entitled to constitutional protection against unreasonable search and seizure.
When a hotel guest has paid for a room:
the hotel generally has no authority to permit anyone to search the guest's room without a search warrant.
After establishing the right to evict a particular guest, how should the hotelkeeper proceed?
the hotelkeeper should call the local police for assistance in evicting the guest.
A hotel located in a state with a state wage and hour law would be required to follow:
the law that is more beneficial to the employee.
If a guest dies at a hotel in a suspicious or unusual manner, the hotel should first notify:
the local police.
The federal Telephone Operator Consumer Service Act requires hotels to post near each telephone:
the name, address, and toll-free number of the provider of the hotel's operator services.
There is no contract unless
the offer is accepted unconditionally and without changes by the offeree.
A hotel may lawfully refuse to accommodate a person if:
the person has a contagious disease.
Regarding meal credits, an employer must maintain records to show all of the following EXCEPT:
the retail cost of meals to the employer.
State liquor laws generally prohibit all of the following EXCEPT:
the sale of a drink above a specified maximum price.
The Uniform Commercial Code states that, unless it is excluded or modified by the seller, a warranty that the goods shall be merchantable is implied in a contract for their sale if:
the seller is a merchant with respect to goods of that kind.
Tips are NOT considered wages for federal income tax purposes if:
the tips are paid in any medium other than cash.
Living quarters or meals furnished to an employee are income and subject to withholding taxes, unless:
they are furnished "for the convenience of the employer."
An employer must examine the documentation an individual presents to establish his or her identity and right to work in the United States within ___ of the day the person is hired.
three business days
Unfair labor practice charges should be filed with the National Labor Relations Board within __________ from the date or dates of the alleged unfair activity.
three months
The two principal functions of the National Labor Relations Board are:
to conduct secret ballot elections in which employees decide whether unions will represent them in collective bargaining and to remedy unfair labor practices.
What is an employer's duty to his/her employees as mandated by the Occupational Safety and Health Act?
to furnish employees a place of employment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm"
Hotel employees have the legal right to enter occupied guestrooms for certain purposes. Which of the following is NOT one of those purposes?
to see if the guest has stolen hotel property
If a state has passed a statute requiring hotels to maintain a guest register, all of the following requirements are likely to be included in the statute EXCEPT:
to whom the register must be shown.
A manager says to a contractor, "I'll give you $200 to snowplow the hotel driveway." The contractor says nothing, but snowplows the driveway. There is now a(n)______contract between the manager and the contractor.
unilateral
False imprisonment may be described as:
unlawful detention of a person without his or her consent.
A tax many states impose on items used within the state but purchased outside the state is called a __________ tax.
use
Under FCC guidelines, establishments with 20 or more employees must:
use text-enabled or hearing-aid compatible telephones.
Hotels and other lodging establishments are wise to request a ________________. This is defined as a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
warrant
A guest's room can be legally searched without warrant:
when the guest stays in the room past the rental period he or she has paid for.
The foreign-natural test is used to determine:
whether an object found in food is foreign to the food, or whether it might naturally be in the food.
When a hotel guest has attained the legal status of tenant, the hotel:
will have the rights and responsibilities of a landlord.
Court rulings in cases involving hotels:
will often be used as precedents in cases involving motels.
