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Law
Q:
The Americans with Disabilities Act (ADA) amended Title VII of the Civil Rights Act of 1964, requiring pregnant employees to be treated the same as all other employees with temporary disabilities.
Q:
Employment discrimination is lawful where sex, religion, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of a business.
Q:
Briefly explain Family and Medical Leave Act.
Q:
Briefly explain the American Immigration Law.
Q:
State the common law doctrine of "employment at will" and explain the limitations that have eroded its influence.
Q:
Private clubs are not exempt from Title VII of the Civil Rights Act of 1964.
Q:
Unequal wage payments are lawful if paid pursuant to a seniority system.
Q:
The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years and older from employment discrimination based on their age.
Q:
What are the primary objectives of the Occupational Safety and Health Act?
Q:
What are the legal requirements to claim workers compensation?
Q:
State two legal considerations that influence employer drug-testing practices in public-sector jobs.
Q:
Which of the following is true of the H-1B visas?
A. The number of H-1B visas available annually is unlimited.
B. U.S. businesses have used the H-1B visa program to send American workers to other countries.
C. In seeking an H-1B visa, an employer must affirm that the hiring will not harm wages and working conditions of employees in similar jobs.
D. It brings workers for the non-skilled, non-technical jobs only.
Q:
What is the difference between an employee and an independent contractor?
Q:
Which of the following statements is true of defined benefit pensions?
A. They are much more common than defined contribution plans.
B. They provide specified monthly payments upon retirement.
C. They are less expensive to manage from the employers perspective.
D. They shift the risk from employer to employee.
Q:
Which of the following is a feature of the federal Employee Retirement Income Security Act (ERISA)?
A. The annual report needs to be certified internally by the respective employers.
B. It abolishes pensions for employees in certain situations.
C. It abolished all record-keeping requirements for pension plans.
D. It regulates pension funds to help ensure their long-term financial security.
Q:
Which of the following is true of a cash balance plan?
A. The employees contributions in a cash balance plan are not accurately defined.
B. All of the investment risk in cash balance plans remains with the employees.
C. The benefits are expressed in periodic payment during retirement.
D. The benefits are expressed in terms of an accumulated lump sum.
Q:
Reporting an employer's illegal activity is termed _____.
A. racketeering
B. perjury
C. whistle-blowing
D. plagiarism
Q:
Which of the following statements is true of the Drug-Free Workplace Act of 1988?
A. It requires the federal government to develop anti-drug policies for each employer.
B. It requires employers who have contracts of $100,000 or more with the federal government to provide drug-free awareness programs for employees.
C. It applies to all private employers in the United States.
D. It exempts employers who receive aid from the federal government.
Q:
Which of the following statements is true of random testing?
A. All states have made random drug testing illegal.
B. There are no significant legal problems associated with random testing.
C. None of the states limit random drug testing to safety-sensitive situations.
D. The U.S. Supreme Court has upheld such testing for public-sector employees where public safety is involved.
Q:
In the context of drug testing, which of the following forbids unreasonable searches and seizures?
A. The Fourth Amendment to the U.S. Constitution
B. The First Amendment to the U.S. Constitution
C. Title VII of the Civil Rights Act of 1964
D. National Defense Authorization Act
Q:
Which of the following is a feature of the Americans with Disabilities Act (ADA)?
A. It forbids unreasonable searches and seizures.
B. It imposes a general duty on most employers to provide a workplace free of recognized hazards.
C. It protects recovering drug addicts and those erroneously believed to be drug abusers.
D. It provides rights to minimum wage and overtime pay.
Q:
Which of the following acts prohibits private individuals and organizations from intercepting wire and oral communications?
A. The Uniform Electronic Transactions Act
B. The Electronic Communications Privacy Act
C. The Consolidated Omnibus Budget Reconciliation Act
D. The Personal Information Protection and Electronic Documents Act
Q:
The Family and Medical Leave Act:
A. protects recovering drug addicts and those erroneously believed to be drug abusers, but not employees or applicants who are currently abusing drugs.
B. requires employers with 20 or more employees to permit departing employees to retain group health coverage at their own expense for up to 18 months.
C. promulgates and enforces health and safety standards that identify and seek to correct specific workplace hazards and problems.
D. entitles eligible employees of covered employers to take job-protected, unpaid leave for certain family-related or medical reasons.
Q:
Identify a true statement about workers' compensation.
A. It covers all self-inflicted on-the-job injuries.
B. It is not the exclusive remedy for workplace injury.
C. It covers the entire labor force.
D. It does not require proof of employer negligence.
Q:
Which of the following acts provided for an unemployment insurance program?
A. The Social Security Act
B. The Family and Medical Leave Act
C. The National Defense Authorization Act
D. The Fair Labor Standards Act
Q:
Which of the following is a feature of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA)?
A. It provides rights to minimum wage and overtime pay.
B. It imposes a general duty on most employers to provide a workplace free of "recognized hazards causing or likely to cause death or serious physical harm to employees."
C. It requires employers with 20 or more employees to permit departing employees to retain group health coverage at their own expense for up to 18 months.
D. It entitles eligible employees of covered employers to take job-protected, unpaid leave for certain family-related or medical reasons.
Q:
_____ requires firms with 100 or more employees to provide 60 days notice if they lay off one-third or more of their workers at any site employing at least 150 workers, drop 500 employees at any site, or close a plant employing at least 50 workers.
A. The Worker Adjustment and Retraining Notification Act (WARN)
B. The Consolidated Omnibus Budget Reconciliation Act (COBRA)
C. The SarbanesOxley Act (SOX)
D. The Employee Retirement Income Security Act (ERISA)
Q:
Which of the following is a legal requirement for claim of workers' compensation?
A. Proof of employer negligence
B. Injury sustained while on the job
C. Injury sustained off-site
D. Proof of employee negligence
Q:
Employers often bear legal responsibility for employees' accidents or wrongs. This vicarious liability springs from the doctrine of _____.
A. stare decisis
B. res ipsa loquitur
C. caveat emptor
D. respondeat superior
Q:
Under _____, an employer will be liable for acts outside the scope of employment.
A. respondeat superior
B. negligence liability
C. restrictive covenant
D. qualified privilege
Q:
Which of the following is an objective of the Fair Labor Standards Act?
A. The establishment of a maximum wage
B. Higher pay for female workers
C. Child labor protection
D. The establishment of a standard number of working hours per week
Q:
Which of the following acts imposes a general duty on most employers to provide a workplace free of "recognized hazards causing or likely to cause death or serious physical harm to employees"?
A. The Occupational Safety and Health Act
B. The Fair Labor Standards Act
C. The Family and Medical Leave Act
D. The Environmental Protection Act
Q:
Which of the following statements is true of workers' compensation?
A. Workers compensation covers self-inflicted injuries.
B. Workers compensation provides a form of no-fault protection in the workplace.
C. The system is governed by a federal board.
D. Workers cannot sue for damages resulting from a work-related injury in any circumstances.
Q:
Which of the following is a condition required for a successful defamation suit against an employer?
A. The statement should be true.
B. A co-worker must be responsible for the publication of the statement.
C. The statement must be published to a third party.
D. The employer's reputation must be harmed.
Q:
Thomas, a private-accountant, was humiliated and fired from his job after his employer accused him of embezzling money with no factual basis. When Thomas applied for another job, the former employer told the prospective employer why Thomas was fired. Thomas can sue his employer for _____.
A. rsum fraud
B. defamation
C. invasion of privacy
D. negligence
Q:
Cheryl, a human resource manager at a multinational corporation, finds that one of the employees in the firm had misstated his education credentials. Cheryl can sue the employee for _____.
A. rsum fraud
B. defamation
C. invasion of privacy
D. negligence
Q:
Which of the following is a form of imputed liability?
A. Qualified privilege
B. Restrictive covenant
C. Respondeat superior
D. Tag-along tort
Q:
An at-will employee, by definition, is under contract for a definite period of time, and cannot be fired until the completion of the time period.
Q:
In seeking an H-1B visa, an employer must affirm to the U.S. Department of Labor that the hiring will not harm wages and working conditions of employees in similar jobs.
Q:
_____ is a complete defense in defamation cases.
A. Negligence
B. Truth
C. Vicarious liability
D. Whistle-blowing
Q:
Which of the following has the authority to file discrimination lawsuits on behalf of employees despite an arbitration agreement?
A. Equal Employment Opportunity Commission
B. Pension Benefit Guaranty Corporation
C. The United States Civil Service Commission
D. The U.S. Securities and Exchange Commission
Q:
Under a _____, legitimate business communications, with some exceptions, are shielded from liability.
A. vicarious liability
B. restrictive covenant
C. qualified privilege
D. tag-along tort
Q:
A cash balance plan is a defined benefit plan that acts somewhat like a defined contribution plan.
Q:
A number of states forbid random drug testing or limit it to safety-sensitive situations.
Q:
Drug testing is regulated by the federal government.
Q:
With the prior consent by one of the parties to the communication, an employer may lawfully monitor an employee phone call.
Q:
The Family and Medical Leave Act entitles eligible employees up to 15 weeks of paid leave for the birth, adoption, or foster care placement of a child, to care for a child, spouse, or parent who has a serious medical condition, or for the employees own serious medical condition.
Q:
Under the Fair Labor Standards Act, employers must now pay double time for any work beyond 40 hours per week.
Q:
Workers' compensation provides a form of no-fault protection in the workplace.
Q:
The unemployment insurance program in the United States is financed through a payroll tax paid by employers.
Q:
Normally, unemployment compensation benefits are available for a maximum period of 52 weeks.
Q:
Employers who have contracts of $100,000 or more with the federal government or receive aid from the government must provide drug-free awareness programs for their employees.
Q:
A business that hires an independent contractor generally is required to comply with a wide range of employment and labor law standards.
Q:
Independent contractors are protected by the Fair Labor Standards Act, that requires, among other things, the payment of the federal minimum wage and overtime pay.
Q:
Truth is a complete defense in defamation cases.
Q:
Employers will be held liable under respondeat superior reasoning for harm to third parties caused by the intentional or negligent acts of their employees when those acts occur within the scope of employment.
Q:
One of the major objectives of the Fair Labor Standards Act is the establishment of a minimum wage that provides at least the foundation for a modest standard of living for employees.
Q:
Degree of control is the dominant test in determining whether a worker is an employee or independent contractor.
Q:
What is a monopoly? How is an unlawful monopoly determined?
Q:
List the potential benefits and hazards of mergers.
Q:
Explain the differences among horizontal, vertical, and conglomerate mergers.
Q:
What is premerger notification?
Q:
What are the remedies for mergers determined to be anticompetitive?
Q:
Which of the following is employed to measure market concentration?
A. The Herfindahl Hirschman Index
B. The Atkinson Index
C. The Gini Index
D. The Ogive Index
Q:
Which of the following statements about the HerfindahlHirschman Index (HHI) is true?
A. The smaller the HHI, the more likely the government will be concerned about the merger.
B. The larger the increase in the HHI, the less concentrated the market.
C. The greater the increase in the HHI, the less likely the government will be concerned about the merger.
D. The larger the HHI, the more concentrated the market.
Q:
The _____ doctrine permits a merger to preserve the assets of a firm that would otherwise be lost to the market.
A. indoor management
B. reciprocity
C. failing company
D. price squeeze
Q:
A _____ merger typically involves an alliance between a supplier and a purchaser.
A) congeneric
B) conglomerate
C) horizontal
D) vertical
Q:
Which of the following is true of the Sherman Act?
A. It applies to the conduct of American business abroad when that business has a direct effect on American commerce.
B. It applies only to the conduct of all businesses based in the United States.
C. If a business was conducted entirely abroad, it is outside the purview of the Sherman Act.
D. If an American firm enters into an agreement with another nation, it cannot be sued for violations under the Sherman Act.
Q:
Which of the following acts is applicable to acquisitions combining domestic and foreign firms and is potentially applicable to acquisitions not involving American firms if the effect would harm competition in the American market?
A. The Sherman Act
B. The Clayton Act
C. The SarbanesOxley Act
D. The RobinsonPatman Act
Q:
Feety Shoes, a footwear manufacturing company, acquires Skeez Leathers, a leather manufacturing company. This would be an example of a _____ merger.
A. congeneric
B. vertical
C. horizontal
D. conglomerate
Q:
The ability of a seller to profitably maintain prices above competitive levels for a significant period of time is called _____.
A. price fixing
B. market foreclosure
C. market power
D. predatory pricing
Q:
A merger of two wine producers in the same geographic market would be an example of a _____ merger.
A. congeneric
B. vertical
C. conglomerate
D. horizontal
Q:
A car manufacturer acquiring a tire manufacturing company would be an example of a _____ merger.
A. congeneric
B. vertical
C. horizontal
D. conglomerate
Q:
Which of the following categories of mergers involves firms dealing in unrelated products?
A. Congeneric
B. Vertical
C. Horizontal
D. Conglomerate
Q:
An athletic footwear manufacturing company acquiring a mineral water manufacturing company would be an example of a _____ merger.
A. congeneric
B. vertical
C. horizontal
D. conglomerate
Q:
Which of the following is a disadvantage of mergers?
A. Mergers hinder economies of scale.
B. Mergers may contribute to management inefficiencies.
C. Mergers may lead to higher prices.
D. Growth by merger is often more expensive than internal growth.
Q:
Which of the following is a hazard of mergers?
A. Mergers do not offer tax advantages.
B. Mergers lead to too much power being concentrated in too few hands.
C. Mergers increase competition in the market.
D. Growth by merger is always more expensive than internal growth.
Q:
Which of the following acts offers the primary legislative oversight: "That no person engaged in commerce shall acquire the whole or any part of the stock or the assets of another person engaged also in commerce where the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly"?
A. The Wagner Act
B. The SarbanesOxley Act
C. The Clayton Act
D. The RobinsonPatman Act
Q:
A _____ merger involves two or more firms at different levels of the same channel of distribution.
A. horizontal
B. vertical
C. conglomerate
D. congeneric
Q:
Which of the following is a defense to monopolization?
A. Price fixing
B. Price discrimination
C. Natural Monopoly
D. Coercive conduct