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Q:
An employer is not required to hire or retain disabled person who poses a "direct threat to the health or safety" of other employees.
Q:
Under the Americans with Disabilities Act of 1990, disabled job applicants are not entitled to "reasonable accommodation."
Q:
Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."
Q:
Many of the same remedies available under Title VII are available under the Americans with Disabilities Act of 1990.
Q:
The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."
Q:
A small difference in job content can justify higher pay for one gender.
Q:
Damages are available for victims of intentional employment discrimination based on gender, religion, age, or disability.
Q:
Title VII does not cover employees' conduct in the online world.
Q:
An employer is not liable for Title VII violations by a lower-level employee.
Q:
An employer may treat a female employee affected by pregnancy in the same manner as any temporarily disabled employee.
Q:
To bring an action against an employer based on intentional discrimination, a person must show that he or she is a member of a protected class.
Q:
The Equal Employment Opportunity Commission can sue in federal court on behalf of a victim of discrimination.
Q:
A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.
Q:
Title VII does not apply to unions.
Q:
The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of experience.
Q:
The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of education.
Q:
Elin works for Formative Molding Company. Near her workstation is a conveyor belt that runs through a large industrial oven. Some workers, including Greg, Elin's supervisor, use the oven to heat food. Thirty-inch-high flasks containing molds are fixed at regular intervals on the conveyor and transported into the oven. Elin walks between the flasks to get to her workstation. One day, when the conveyor is not moving, Elin uses the oven to cook a frozen pot pie. As she removes the pie from the oven, the conveyor comes on. One of the flasks strikes Elin, seriously injuring her. Elin seeks recovery under the state workers' compensation law. Should she recover? Why or why not?
Q:
Some of the employees ofAlpha Computers, Inc., decide that they want to be represented by the Science Workers Union in bargaining with Alpha over overtime pay and the times that the plant opens and closes. Other employees, including Bob, are against the union. Alpha also opposes the union. Who can demand that a union election be held? If the union loses the election, can it picket Alpha? If the union is elected, does it have to represent Bob? If the union is elected, does Alpha have to bargain over overtime pay and the times that the plant opens and closes? If the union is elected, how soon can a decertification election be held?
Q:
Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
Q:
Allied Industries, Inc., wants to monitor its employees' electronic communications. To avoid liability under laws related to employee monitoring, Allied should discuss the monitoring with
a. no one.
b. the employees.
c. the government.
d. the public generally.
Q:
Dave works as an employee for Eagle Products Corporation. Eagle begins to electronically monitor its employees' e-mail. If Dave resists this policy, he may bring an action under
a. neither state tort law nor the Electronics Communications Privacy Act.
b. state tort law only.
c. state tort law or the Electronics Communications Privacy Act.
d. the Electronics Communications Privacy Act only.
Q:
Cafe Dining, Inc., employs one hundred workers at three locations in two states. Under the Family and Medical Leave Act of 1993, Cafe must provide its employees, during any twelve-month period, family or medical leave of up to
a. twelve days.
b. twelve weeks.
c. twelve months.
d. twelve years.
Q:
Consolidated Computers, Inc., lays off fifty of its five hundred workers, including Don. Consolidated can eliminate Don's medical insurance coverage
a. if Consolidated changes its group insurer.
b. if Consolidated completely eliminates its group benefit plan.
c. if Don files a suit against Consolidated for wrongful discharge.
d. under any circumstances.
Q:
Standard Employment Corporation is subject to the Social Security Act, which
a. covers only employees who do not receive employer-paid pensions.
b. governs state unemployment compensation funds.
c. provides retirement, survivors, and disability insurance.
d. regulates disputes between unions and management.
Q:
Mia works as an employee for National Interstate, Inc. (NII). Owen, who is unemployed, collects unemployment compensation. This is provided by a tax on
a. Mia and Owen only.
b. Mia, NII, and Owen.
c. NII only.
d. not Mia, NII or Owen.
Q:
Pam is an administrative employee of Quality Assurance Company. Social Security contributions to help pay for Pam's loss of income on retirement are made by
a. neither Pam nor Quality Assurance.
b. Pam and Quality Assurance.
c. Pam only.
d. Quality Assurance only.
Q:
Hugh, an employee of International Shipping Corporation (ISC), is injured on the job and accepts workers' compensation. Hugh can successfully sue ISC
a. only if the injury was caused by ISC intentionally.
b. only if the injury was caused by ISC's negligence.
c. regardless of ISC's fault.
d. under no circumstances.
Q:
Joe, who works as an employee for Interstate Trucking Corporation, suffers an injury in an accident. Joe will be compensated under state workers' compensation laws
a. only if the injury occurred off the job.
b. only if the injury occurred on the job.
c. whether the injury occurred on or off the job.
d. none of the above.
Q:
Quinn, an employee of Regional Industries, Inc., refuses a transfer to a department in which several employees suffered serious injuries from exposure to hazardous chemicals. Quinn acts in good faith. He may be entitled to protection from discharge under
a. the Consolidated Omnibus Budget Reconciliation Act.
b. the Family and Medical Leave Act.
c. the Occupational Safety and Health Act.
d. the state workers' compensation act.
Q:
Pete, a clerk for a Quik Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Pete must be given his job back if the strike is not deemed unlawful, there is still work at the restaurant, and the strike was
a. an economic strike only.
b. an economic strike or an unfair labor practice strike.
c. an unfair labor practice strike only.
d. unlawful.
Q:
Hotel Employees Union is engaged in collective bargaining with International Lodging, Inc. The employer would show bad faith by
a. compromising on certain issues.
b. constantly shifting positions on disputed contract terms.
c. not discussing union positions with employees.
d. sending only bargainers who have authority to commit to a contract.
Q:
Carol, who works as an employee for Digital Products, Inc., is protected under the National Labor Relations Act, which is enforced by the National Labor Relations Board (NLRB). The NLRB has the authority to
a. administrate workers' pension plans.
b. enforce the Occupational Safety and Health Act.
c. engage in labor union activities.
d. prevent unfair labor practices.
Q:
ChemCorp, Inc., employs two thousand workers, of whom half are members of the Chemical Employees Union. Delta Chemical Company employs one thousand workers, of whom none are union members. A hot-cargo agreement would be an agreement between ChemCorp and
a. Delta to boycott a product.
b. Delta to refuse to hire union employees.
c. its employees if the agreement covers handling dangerous substances.
d. the Chemical Employees Union to boycott nonunion products.
Q:
ABC Manufacturing Corporation employs ten thousand workers in seven locations. Under the Norris-LaGuardia Act, the employees have the right to
a. demand that ABC be a closed shop.
b. make "hot-cargo" agreements.
c. organize.
d. refuse to bargain with ABC.
Q:
Ilsa works as a clerk for Java Cafe at minimum wage. The minimum-wage rate is revised
a. annually, according to the rate of inflation.
b. every seven years, according to changes in the cost of living.
c. periodically by Congress.
d. whenever the president issues an executive order to revise the rate.
Q:
Ethan is seventeen years old. Under the Fair Labor Standards Act, Ethan cannot work
a. during school hours.
b. in a hazardous occupation.
c. more than eighteen hours per week.
d. without a special permit.
Q:
Standard Corporation provides Tom and other salespersons with meals and lodging when they are on the road. Under federal law, the term wages may include, besides pay, the reasonable cost to Standard of furnishing Tom with
a. lodging and meals.
b. lodging only.
c. meals only.
d. neither lodging nor meals.
Q:
Average Manufacturing Company (AMC) employs workers, including Bob, at six locations in two states. AMC's discharge of Bob outside the terms of an employment contract may result in
a. AMC's liability for damages.
b. Bob's deportation under the Immigration Act.
c. discontinuance of Bob's health-plan coverage.
d. monitoring AMC's communications for privacy violations.
Q:
Federal law prohibits employers from hiring illegal immigrants.
Q:
Some state laws restrict AIDS testing.
Q:
Drug testing by private employers is not permitted.
Q:
A worker whose job is terminated can still participate in the employer's health plan.
Q:
The basis for contributions to help pay for an employee's loss of income on retirement is the employee's annual wage base.
Q:
Employee rights to employer contributions to pension plans vest after five years of employment.
Q:
Employers are required to establish retirement plans for their employees.
Q:
Under workers' compensation laws, a worker who is injured on the job files a claim with a government agency instead of suing the employer.
Q:
Only the states set safety standards governing workplaces.
Q:
Employers have no general duty to keep workplaces safe.
Q:
An employer may not hire substitute workers to replace strikers.
Q:
Employers and unions have a duty to bargain in good faith.
Q:
An employer may campaign among its workers against a union during a union election campaign.
Q:
Federal law governs unions' internal business procedures.
Q:
Contracts limiting employees' rights to join unions are lawful.
Q:
Federal labor law protects employees' right to boycott.
Q:
All employees are entitled to overtime pay.
Q:
Federal wage-hour laws cover all employers engaged in interstate commerce.
Q:
Whistleblower statutes protect employers from workers' disclosure of the employer's wrongdoing.
Q:
Pete's Pizza employs Quincy as a delivery driver. Pete's guarantees that an order will be delivered within thirty minutes or there is no charge, and insists that its drivers meet the limit. One night, while making a delivery, Quincy is caught in a traffic jam. To deliver the pizza within the thirty-minute time limit, Quincy drives onto a sidewalk and hits Ruth, a pedestrian. Is Pete's liable to Ruth for her injuries? Is Quincy liable to Ruth? Why or why not?
Q:
First State Bank employs Greg as an information clerk. Greg has authority only to answer customers' questions. During a renovation, First State temporarily moves Greg from the information desk to a teller's window. Holly, a customer, believes that Greg is a teller and leaves a deposit with him. Greg keeps the money. Is First State liable?
Q:
Mary hires Nina, a real estate broker, to sell her warehouse. The warehouse burns down before being sold. Nina is
a. Mary's agent until Mary's insurer pays Nina's commission.
b. Mary's agent until the burnt warehouse is sold.
c. Mary's agent until the warehouse is rebuilt and sold.
d. no longer Mary's agent.
Q:
Applied Manufacturing Company (AMC) employs Belle as an agent. To terminate Belle's authority, AMC must notify
a. Belle only.
b. Belle and any third parties who know of the agency relationship.
c. only third parties who know of the agency relationship.
d. the public generally.
Q:
Myra, an agent for National Buys, Inc., has often done business with Owen on National's behalf. Myra and National terminate their agency. For Myra and National to avoid liability for later deals, Owen must be notified by
a. Myra only.
b. National only.
c. Myra and National.
d. neither Myra nor National.
Q:
On May 1, Craig retains Dora to act as his authorized agent. On June 1, a court declares Craig mentally incompetent. On June 2, before Dora knows of the court's declaration, she enters into a contract on Craig's behalf. The contract is
a. binding on Craig.
b. binding on Dora.
c. void.
d. voidable.
Q:
Fact Pattern 32-1
Eve hires Frank to do some remodeling work in her office. Refer to Fact Pattern 32-1. While working, Frank drops a tool on Gary, Eve's customer, causing an injury. Eve is
a. liable to Gary because he was injured on Eve's property.
b. liable to Gary unless Frank's act is intentional.
c. not liable because Frank is an independent contractor.
d. not liable to Gary because Frank is Eve's employee.
Q:
Fact Pattern 32-1
Eve hires Frank to do some remodeling work in her office.Refer to Fact Pattern 32-1. The relationship between Eve and Frank is
a. client and independent contractor.
b. employer and employee.
c. master and servant.
d. principal and agent.
Q:
Molly drives a truck as an employee for National Delivery, Inc. Molly would probably be considered acting outside the scope of her employment if she
a. crashed into a car at the airport while off duty.
b. hit a pedestrian in the parking lot of a restaurant during a work lunch.
c. ran over an attendant at a gas station while refueling the truck.
d. smashed into a store-front while intoxicated on-duty.
Q:
United Trucking Company employs Vic as a driver. While driving a United truck within the scope of employment, Vic causes an accident in which Wendy is injured. Wendy can recover from
a. United only.
b. United or Vic.
c. Vic only.
d. Wendy's insurance company only.
Q:
Jill is an employee of Kandy Shoppes, Inc. In deciding whether Jill acts within the scope of her employment when she commits a tort against Lora, a court will not consider whether
a. the act is one commonly performed by employees on their employers' behalf.
b. Jill made statements indicating that she acted on behalf of Kandy Shoppes.
c. Kandy Shoppes authorized the act.
d. Kandy Shoppes furnished the means or instrumentality by which the injury was inflicted.
Q:
Agnes is a salesperson for Beta Technical Instruments, Inc. (BTI). She misrepresents to Curt, a customer, that a certain device has a certain capability. In reliance, Curt buys the device. Liable for this misrepresentation is
a. Agnes and BTI.
b. Agnes only.
c. BTI only.
d. neither Agnes nor BTI.
Q:
Jack says that he placed an order with InternetSales.com, which did not fill it, causing Jack to lose money. If the order was taken via an e-agent, under the Uniform Electronic Transactions Act (UETA), InternetSales.com can
a. claim it did not receive the order but at any rate the risk was Jack's.
b. claim it did not receive the order if the firm was not yet aware of it.
c. claim it did not receive the order if the order had not yet been reviewed.
d. not claim it did not receive the order.
Q:
Carol hires Dick to act as her agent in the purchase of an office building. Carol does not want the seller to know that she is the buyer, so she asks Dick to represent that he is buying the building for himself. Carol is
a. a disclosed principal.
b. a disloyal principal.
c. an undisclosed principal.
d. a partially disclosed principal.
Q:
Ilsa hires Jay to act as her agent in the purchase of Kappa Company. Ilsa tells Jay to reveal only that he is buying the firm on behalf of a third party, without telling Kappa's seller who that third party is. Ilsa is
a. a disclosed principal.
b. an undisclosed principal.
c. an unethical principal.
d. a partially disclosed principal.
Q:
Without authorization, Kim contracts on behalf of Lee to have Mona paint the interior and exterior of Lee's house. Lee ratifies the contract. Later, Lee tries to rescind the part of the contract relating to the exterior. This attempt will be
a. partly successful.
b. partly unsuccessful.
c. totally successful.
d. totally unsuccessful.
Q:
Joy hires Ken to act as her agent in the purchase of Local Delivery Service. Joy tells Ken to reveal that he is buying the firm on behalf of a third party and to tell Local's seller who that third party is. Joy is
a. a disclosed principal.
b. an undisclosed principal.
c. an unscrupulous principal.
d. a partially disclosed principal.
Q:
Bud approves on behalf of Codybut without authorizationa contract with Don to build a new silo. Cody does not ratify the contract. Later, Don tries to enforce the deal. This attempt will be
a. partly successful.
b. partly unsuccessful.
c. totally successful.
d. totally unsuccessful.
Q:
Alpha Sales, Inc., employs Britney as a sales agent. Alpha gives Britney a furnished office and an expense account. Consumer Retail Company (CRC) orders goods from Britney, who fills the order with goods from Deal EZ Corporation. The goods are defective. CRC may recover damages from Alpha on the ground of
a. apparent authority.
b. equal authority.
c. express authority.
d. implied authority.
Q:
Ann is a businessperson acting as an agent for Business Sales, Inc. (BSI). In an ordinary business situation, Ann
a. can contract on BSI's behalf without further authority or ratification.
b. cannot contract on BSI's behalf.
c. must obtain BSI's written authority to enter into a contract for BSI.
d. must obtain BSI's later ratification of a contract entered into for BSI.
Q:
Paula holds a power of attorney for Quinn. Paula is
a. an attorney-in-fact.
b. an attorney-in-law.
c. a durable attorney.
d. a notary public.
Q:
National Insurance Company and Opal put their agency agreement into a written document that describes the rights and duties of both parties. Opal, as the agent, has
a. apparent authority.
b. equal authority.
c. express authority.
d. implied authority.
Q:
Even after an agency relationship has terminated, there are circumstances under which a principal may be bound by his or her agent's act.