Q&A Hero

Q: _____________ is the use of generalities and clear exaggerations. A. Half-truth B. Puffing C. Bait-and-switch D. Deception E. Fraud

Q: When an advertisement is true but incomplete it is a(n) ____________. A. inaccurate truth B. rule 8(a) violation C. rule 3 violation D. significant untruth E. half-truth

Q: _______________ is the requirement of the Federal Trade Commission that advertisers have a reasonable basis for claims made in advertisements. A. Ad substantiation B. Ad verification C. Proof of ad veracity D. Illustration of ad veracity E. Acknowledgement of ad veracity

Q: ____________ is a statement in which a company agrees with the Federal Trade Commission to stop disputed behavior but does not admit it broke the law? A. Agreed stoppage B. Command order C. Consent order D. Agreed order E. None of these because the Federal Trade Commission provides no such option

Q: A(n) ___________________ is an FTC order requiring that a company stop its illegal behavior. A. industry guide B. command order C. consent order D. stop order E. cease-and-desist order

Q: ________________________ is the practice of advertising with claims that mislead or could mislead a reasonable consumer. A. Industry guides B. Ad substantiation C. Corrective advertising D. Deceptive advertising E. Consumer law

Q: What type of agency is the Federal Trade Commission? A. Executive B. Independent C. Collateral D. Approved E. Certified

Q: The Federal Trade Commission has _____ commissioners each of whom serves a ______-year term. A. 5; 7 B. 7; 3 C. 9; 4 D. 8; 5 E. 3; 4

Q: ____________ are interpretations of consumer laws created by the Federal Trade Commission to encourage businesses to stop unlawful behavior. A. Consumer guides B. Consumer recommendations C. Business interpretations D. Industry guides E. Business requirements

Q: Which of the following was the ruling by a majority of the U.S. Supreme Court in Food and Drug Administration Et Al. v. Brown & Williamson Tobacco Corporation Et Al., the case in the text involving whether the Food and Drug Administration has jurisdiction to regulate tobacco products? A. That the Food and Drug Administration has jurisdiction over tobacco products. B. That the Food and Drug Administration has jurisdiction over tobacco products only to the extent that any advertisement may be directed to children. C. That the Food and Drug Administration has jurisdiction over tobacco products only to the extent that it may regulate warnings on packages of tobacco products. D. That the Food and Drug Administration does not have jurisdiction over tobacco products. E. That the Food and Drug Administration does not have jurisdiction over tobacco products unless deceptive advertising is involved.

Q: ________________ are statutes or administrative rules serving to protect consumer interests. A. Civil rights laws B. Consumer laws C. Labor laws D. Employment laws E. Environmental laws

Q: Congress created the Federal Trade Commission (FTC) through the Federal Trade Commission Act of ____. A. 1900 B. 1914 C. 1929 D. 1934 E. 1976

Q: Which of the following was the result on appeal in Richard D. Kennedy and Sally S. Kennedy v. Chase Manhattan Bank, U.S.A., N.A., the case in the text involving whether a bank may obtain an individual's credit report to determine whether to extend credit after providing a prequalified offer for a credit card? A. The court ruled in favor of the bank on the basis that the prequalification offer revealed that credit could be denied if, after the application was returned, the bank obtained credit reports and determined that the complainants did not meet the bank's standards. B. The court ruled in favor of the bank on the basis that banks may obtain credit reports on any loan applicant. C. The court ruled in favor of the bank on the basis that while banks may not obtain credit reports on each and every loan applicant regardless of circumstances, because of the risk involved, banks may obtain credit reports on any applicant for a credit card. D. The court ruled in favor of the plaintiff because the bank had extended an unqualified offer of a preapproved credit card and had no right to do a credit check. E. The court ruled in favor of the plaintiff because, although the bank had a right to do a credit check, it had no right to deny the credit card because it was preapproved.

Q: Under the Equal Credit Opportunity Act, creditors may require that a spouse co-sign a loan application regardless of the creditworthiness of the applicant.

Q: Under the Equal Credit Opportunity Act, creditors may not deny credit on the basis that the applicant receives public assistance benefits.

Q: The Consumer Product Safety Commission protects the public from injuries associated with consumer products but lacks the authority to issue product recalls on its own.

Q: The FTC created the Cooling-Off Rule that gives consumers three days to cancel purchases they make from salespeople who come to their homes.

Q: Used-car sales laws are uniform in every state.

Q: The Truth in Lending Act requires that sellers disclose the terms of the credit or loan to help consumers compare credit lines or loans.

Q: Under the Telephone Consumer Protection Act, it is illegal to transmit advertisements via fax unless the recipient agrees to the fax transmission.

Q: Federal Regulations prohibit the advertising of cigarettes on radio and television but allow ads for smokeless tobacco.

Q: Federal laws outlaw the manufacturing of products, which are potentially harmful.

Q: Congress repealed the law prohibiting the sale of highly flammable clothing.

Q: The existence of deceptive advertisements alone is sufficient to prove damages for recovery when individual civil suits are filed for deceptive practices.

Q: Puffery standard China is very similar to the standard used in the U.S.

Q: Bait-and-switch advertising is when sellers advertise a low price for an item generally unavailable to the consumer and then push the consumer to buy a more expensive item.

Q: The FTC guidelines provide that if an advertisement is a half-truth, the information presented is true but incomplete, the advertiser committed no wrong.

Q: Ad substantiation is an FTC standard that requires advertisers have a reasonable basis for the claims made in their ads.

Q: The FTC decides whether an advertisement is deceptive on a case-by-case basis.

Q: The Federal Trade Commission is an independent federal agency whose goal is to protect consumers.

Q: A consent order is an FTC order requiring that a company stop its illegal behavior.

Q: The practice of advertising with claims that mislead or could mislead a reasonable consumer is deceptive advertising.

Q: What three key guidelines regarding mail-order sales were established by the Mail or Telephone Order Merchandise Rule of 1993 that amended the 1975 Mail-Order Rule?

Q: Sam, who is elderly, is very annoyed because he continues to receive magazines and books in the mail from a publisher. He had not requested the publications and has no idea why they started coming. The letters that come with the publications instruct him to return any magazines or books that he does not want. Understandably, postage is becoming expensive for Sam. What law protects him and what option does he have, if any?

Q: A consumer law is a statute or administrative rule serving to protect consumer interests.

Q: Set forth the rights of appeal a company has if issued a cease-and-desist order by the Federal Trade Commission.

Q: How can the Federal Trade Commission protect consumers if most companies within one industry are using the same unfair or deceptive practices?

Q: Mona markets a bell that she claims will automatically quiet a crying baby. Mona advertises on television that the bell has a certain tone that babies love and shows a baby suddenly stop crying when the bell is rung. She charges $50 for each bell for which she incurs $1 in manufacturing charges. The bell was very popular for a few months, but she has started to get complaints; and the Federal Trade Commission has investigated her advertisement regarding the bell. Mona claims that her advertisement is not deceptive. The Federal Trade Commission, however, claims that her advertisement satisfies the three elements necessary for a deceptive claim. What are those three elements?

Q: What is required by the Telemarketing Sales Rule of 1995?

Q: What must a union and employer do once a union has been elected, and what duties does an employer have regarding increasing benefits at that time?

Q: The Burial Emporium. Fred operates a funeral home called Fred's Burial Emporium. Fred likes to keep things simple. He has one flat price with no itemization and requires that customers purchase a complete package from him if they want any services whatsoever. Fred also goes door-to-door selling funeral packages. He tries to visit neighborhoods in which there has been a recent death because residents in the neighborhood will have final arrangements on their minds. He believes and informs customers that once customers sign a contract for burial services, there is no backing out. Fred also obtains a good deal of business from phone solicitation. He enjoys calling late at night, between 10 p.m. and 11 p.m., when people are tired, but before they go to bed. He believes that if people do not feel well, they are more likely to consider funeral arrangements. After some pesky consumer complaints, the Federal Trade Commission and other federal agencies investigate Fred. He hires a good lawyer with his profits in an attempt to stay out of trouble. Which of the following is true regarding Fred's practice of offering one flat price for funeral services with no itemization? A. Federal law does not prohibit that practice. B. That practice is prohibited under federal law in funeral home situations. C. That practice is prohibited under federal law in funeral home situations only if there is no other funeral home within 20 miles. D. That practice is prohibited under federal law in funeral home situations only if there is no other funeral home within 10 miles. E. That practice is prohibited by federal law unless consumers receive a 10% discount as compared to the average price of funeral services in his state.

Q: The Burial Emporium. Fred operates a funeral home called Fred's Burial Emporium. Fred likes to keep things simple. He has one flat price with no itemization and requires that customers purchase a complete package from him if they want any services whatsoever. Fred also goes door-to-door selling funeral packages. He tries to visit neighborhoods in which there has been a recent death because residents in the neighborhood will have final arrangements on their minds. He believes and informs customers that once customers sign a contract for burial services, there is no backing out. Fred also obtains a good deal of business from phone solicitation. He enjoys calling late at night, between 10 p.m. and 11 p.m., when people are tired, but before they go to bed. He believes that if people do not feel well, they are more likely to consider funeral arrangements. After some pesky consumer complaints, the Federal Trade Commission and other federal agencies investigate Fred. He hires a good lawyer with his profits in an attempt to stay out of trouble. Which of the following is true regarding Fred's practice of requiring a complete package purchase from him if the consumer desires any funeral services? A. There is no problem with that practice under federal law. B. There is no problem with that practice under federal law so long as Fred informs customers of that prior to entering into any sales talk and negotiation. C. That practice is prohibited by federal law. D. That practice is prohibited by federal law unless Fred gives a 10% discount as compared to the average price of funeral services in his state. E. That practice is prohibited by federal law unless Fred gives a 20% discount as compared to the average price of funeral services in his state.

Q: Discuss whether you ethically believe employment-at-will should be retained in the U.S. and whether you believe laws currently in place excessively restrict employers insofar as their ability to fire employees is concerned. In your answer specifically reference at least three federal laws impacting the employment-at-will doctrine and whether you believe the laws are needed and appropriate.

Q: Mona is a state representative. She believes that her state should pass a law mandating that all employees receive at least one week of vacation per year. Nick, one of her fellow representatives, tells her that the state legislature cannot do so because federal law may only grant an increase in employment rights. He tells her that only Congress in Washington D.C. could pass a law increasing benefits. Nick, on the other hand, wants to pass a law repealing the federal Age Discrimination in Employment Act because he believes that younger workers should get a break. When Mona challenges him and disagrees, he tells her that state legislatures may reduce federal rights, just not add to them. Who is right on the issues involving vacation and the age act, and why?

Q: Set forth the family-related occurrences under which leave is available under the Family and Medical Leave Act.

Q: Dogs and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper-seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Penny's action in federal court? A. Her lawsuit was improperly filed because she did not first file with the federal Equal Employment Opportunity Commission, and she lacked a right to sue letter. B. Her lawsuit was improperly filed because she did not first insist on mediation. C. Her lawsuit was improperly filed because she did not first insist on arbitration. D. Her lawsuit was properly filed because her state had no state Equal Opportunity Commission. E. Her lawsuit was properly filed regardless of whether or not her state had a state Equal Opportunity Commission.

Q: Dogs and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper-seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true involving Paul's plan to require computer training in high school in order to eliminate older workers? A. He is not guilty of any violation without additional evidence of intent to discriminate. B. He is not guilty of any violation because common sense tells us that younger people make better sales clerks. C. He is not guilty of any violation unless he can establish through a survey that most people prefer younger sales clerks. D. He is not guilty of any violation unless he can establish through a survey that most of the formal wear store's customers prefer younger sales clerks. E. He is guilty of violating the Age Discrimination in Employment Act.

Q: Set forth the definition of sexual harassment as stated by the EEOC and accepted by the U.S. Supreme Court.

Q: Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Bolivar's statement that Phyllis has no entitlement to information until she is at least 60 years old? A. He is incorrect, and Phyllis is entitled to a "rights review description." B. He is incorrect, and Phyllis is entitled to an "entitlement description." C. He is incorrect, and Phyllis is entitled to a "summary plan description." D. He is incorrect, and Phyllis is entitled to a "plan analysis description." E. He is correct.

Q: Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following is true regarding Bolivar's listening to the personal phone calls of Phyllis? A. Bolivar can listen to the phone calls as long as he wants so long as he is Phyllis' supervisor. B. Bolivar can listen to the phone calls as long as he wants only if he is a sole proprietor and truly owns the phones himself. C. Bolivar can listen to the phone calls as long as he wants only if he has a policy prohibiting the making of personal calls. D. Bolivar can listen to the phone calls as long as he wants only if he notifies employees first that he is going to do so. E. Bolivar is prohibited from listening to the phone calls as long as he wants, and only limited exceptions exist for the monitoring of calls.

Q: Dog and Formals. Paul owns a dog grooming business and needs patient people to work there. He gives all applicants a test he obtained from a management firm that has been proven to measure psychological traits such as patience. Penny alleges sex discrimination after she fails the test miserably and Paul refuses to hire her. Paul tells her that there is no way he is giving her a dime because he is entitled to protect his client's dogs. Upon learning that her state lacked a state office representing the Equal Opportunity Commission, Penny immediately sues him in federal court alleging a violation of Title VII. Paul, who is getting tired of the dog grooming business, also opens a new formal wear shop and needs to hire employees there as well. He wants to appeal to high school and college age young ladies attending proms and formals. Paul decides that he does not want older sales clerks to assist in choosing formal dresses. He only wants young, attractive ones. Paul runs an ad in the local paper-seeking applicants for sales clerks and stating that a qualification for the job is computer training while in high school. Tina, age 60, applies and tells Paul that while she sees no reason that computer training should be required, she attended computer training in adult education and has excellent computer as well as sales skills. Paul refuses to hire her telling her that unless he follows the ad, he may be seen as practicing discrimination. Deciding that formal wear is more trouble than dogs, Paul shuts down the formal wear store. Which of the following is true regarding Paul's test for patience? A. Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and construct validity references measuring a psychological trait needed to perform the job. B. Paul is entitled to test so long as the test is not designed, intended, or used to discriminate; and credited validity references measuring a psychological trait needed to perform the job. C. Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving construct validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue. D. Paul is prohibited from performing job testing for psychological traits although he would be allowed to test for other types of skills involving credited validity, such as word processing, so long as it could be shown that the skill was necessary for the job at issue. E. Paul is prohibited by Title VII from doing any testing at all.

Q: Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off of work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Gracie's entitlement to be paid for time she is medically required to be off for pregnancy? A. Gracie is not entitled to be paid because courts have ruled that while an employer cannot fire a pregnant employee based on the pregnancy, employers do not have to pay the employee for time off because pregnancy is a voluntary condition. B. Gracie is entitled to be paid because all employers covered by Title VII must pay employees for the time they are medically required to be off work for pregnancy. C. Gracie is entitled to some pay because employers covered by Title VII must pay employees half their pay for the time they are medically required to be off work for pregnancy. D. Gracie is entitled to be paid because employers under Title VII must treat temporary disability caused by pregnancy the same as any other temporary disability and Groucho paid other employees who were off based upon temporary disabilities. E. Gracie is not entitled to be paid because courts have ruled that employers only have to pay employees for time they are medically required to be off for pregnancy if the employee handbook provides for such payments.

Q: Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off of work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. What will be the likely result if Groucho defends on the basis that customers will object to Gracie's condition? A. If he can prove that is true, then Groucho will prevail on the defense of bona fide occupational qualification. B. Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of barring pregnant servers and that he did not single out Gracie. C. Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant. D. Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only. E. Groucho will lose on a defense of bona fide occupational qualification because he will not be able to establish that only non-pregnant employees can perform as servers.

Q: Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Which of the following addresses the retention of medical benefits upon leaving a job? A. The Consolidated Omnibus Budget Reconciliation Act (COBRA) B. The Medical Benefits Retention Act (MBRA) C. The Health and Maintenance Act (HMA) D. The Comprehensive Medical Benefits Retention Act (CMBRA) E. There is no such law.

Q: Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Assuming Phyllis quits, which of the following rights does she have under federal law to retain benefits so long as the benefits are provided to employees who are still working? A. None. B. The right to retain the medical benefits indefinitely, so long as she pays for them along with the allowable administrative fee. C. The right to retain the benefits for at least 12 months, with the cost born by the employer. D. The right to retain the benefits for at least 18 months, with the cost born by the employer. E. The right to retain the benefits for at least 18 months so long as she pays for the benefits along with the allowable administrative fee.

Q: Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Of which of the following types of harassment were Candy's caresses and suggestive statements? A. Quid pro quo B. Hostile work environment C. Sexual annoyance D. Quid pro quo, hostile work environment, and sexual annoyance E. Quid pro quo and hostile work environment, but not sexual annoyance

Q: Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Which of the following is true regarding Robert's claim of sexual harassment? A. He will be able to prevail only if he visits a psychologist. B. He will not be able to prevail because Candy did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment. C. A recovery by Bruce does not establish that Robert should recover because Robert would need to show that he subjectively found Candy's conduct unwelcome. D. Candy's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant. E. Robert will be able to recover only if he can establish that he did not benefit by favors at work based upon Candy's actions.

Q: Surprise Arrival. Gracie was surprised and pleased to find she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off of work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie told her employer Groucho about her pregnancy. He very angrily told her that pregnancy was completely voluntary, that he was not paying her a dime when she was off work, and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. He also said that he serves families, and he does not want the kids to ask embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII. The employee handbook did not address the issue. Which of the following is true regarding Groucho's comment that pregnancy-based discrimination is not covered by Title VII? A. He is correct, and federal law does not prohibit pregnancy-based discrimination. B. He is correct in that Title VII does not prohibit pregnancy-based discrimination, but Title IV prohibits it. C. He is incorrect because Title VII was amended in 1980 to include pregnancy within its protection. D. He is incorrect because Title VII was amended in 1987 to include pregnancy within its protection. E. He is incorrect because Title VII was amended in 1997 to include pregnancy within its protection.

Q: The National Labor Relations Board lacks jurisdiction over _______________. A. employees covered by the Railway Labor Act B. independent Contractors C. agricultural workers D. supervisors E. All of these

Q: Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. What type of harassment was involved in Candy's indication to Bruce that if he wanted a new blow dryer, then he needed to take her out on a date? A. Quid pro quo B. Hostile work environment C. Sexual annoyance D. Quid pro quo, hostile work environment, and sexual annoyance E. Quid pro quo and hostile work environment, but not sexual annoyance

Q: _____________ primarily governs the internal operations of labor unions. A. The Taft-Hartley Act B. The National Labor Relations Board C. The Fair Labor Standards Act D. The Wagner Act E. The Landrum-Griffin Act

Q: ________________ is negotiations between an employer and a group of employees so as to determine the conditions of employment. A. Collective bargaining B. Mediation C. Arbitration D. Collusive dealings E. Mandatory negotiations

Q: ___________________ interprets and enforces the National Labor Relations Act. A. The Federal Union Board B. The Collective Bargaining Board C. The National Labor Relations Board D. The Mandatory Negotiations Board E. The Federal Labor Oversight Board

Q: ______________ is also known as the Labor-Management Relations Act. A. The Taft-Hartley Act B. The National Labor Relations Board C. The Fair Labor Standards Act D. The Wagner Act E. The Landrum-Griffin Act

Q: Employers are required to provide a(n) ______________ to employees under ERISA containing information as to how their benefit plan operates, the benefits under the plan, how to apply for such benefits, and other information. A. summary plan description B. benefits glossary C. ERISA benefits guide D. complete plan explanation E. complete plan document

Q: __________________ regulates workplace safety. A. The Occupational Safety and Health Act B. The Fair Labor Standards Act C. The Wagner Act D. The Taft-Hartley Act E. The Workplace Enhancement Act

Q: Which of the following is false under federal law regarding employer monitoring of employee telephone calls? A. Employers cannot listen to the private telephone conversations of employees. B. Employers cannot disclose the content of private telephone conversations of employees. C. Employers may ban personal calls during working time. D. To check for compliance, employers may monitor calls so long as they discontinue listening to any conversation once they determine it is personal. E. Employers must give employees access to a telephone and the ability to make personal phone calls at some point during the workday, and these personal calls may not be monitored.

Q: _______________ are laws governing labor-management relations in the U.S. A. The Wagner Act B. The Taft-Hartley Act and the Wagner Act C. The Landrum-Griffin Act and the Taft-Hartley Act D. The Wagner Act and the Landrum-Griffin Act E. The Wagner Act, the Taft-Hartley Act, and the Landrum-Griffin Act

Q: __________________ an employer not required to offer an employee the option to continue medical benefits under COBRA. A. When the employee is fired for gross misconduct. B. When the employer decides to eliminate benefits for all current employees. C. When the employee quits without notice. D. When the employee is fired for gross misconduct, when the employer decides to eliminate benefits for all current employees, and also when the employee quits without notice. E. When the employee is fired for gross misconduct and when the employer decides to eliminate benefits for all current employees, but not when the employee quits without notice.

Q: ____________________ sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in those plans. A. The Employee Retirement Income Security Act B. The Benefits Protection Act C. The Family and Medical Leave Act D. The Fair Labor Standards Act E. Workers' compensation laws

Q: Employers are required to provide __________ to plan participants under ERISA. A. a plan information (i.e., features and funding) B. a grievance and appeals process for participants to get benefits from their plans C. the right to sue for benefits and breaches of fiduciary duty D. a plan information (i.e., features and funding), a grievance and appeals process for participants to get benefits from their plans, and the right to sue for benefits and breaches of fiduciary duty E. a plan information (i.e., features and funding) and a grievance and appeals process for participants to get benefits from their plans, but not the right to sue for benefits and breaches of fiduciary duty

Q: Which of the following is false under the Federal Unemployment Tax Act? A. It provides a federal system to provide unemployment compensation to qualified employees who lose their jobs. B. Employers must pay taxes to the states that deposit the money into the federal government's Unemployment Insurance Fund. C. Each state has an account from which it can access the money in the federal fund. D. States have different minimum standards for qualifying for unemployment compensation. E. Almost all states require that an applicant for unemployment compensation not quit the former job.

Q: ____________ enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependents under the employer's policy. A. The Employee Income Security Act B. The Consolidated Omnibus Budget Reconciliation Act C. The Family and Medical Leave Act D. The Fair Labor Standards Act E. Workers' compensation laws

Q: How much must an employee pay in order to continue health benefits under COBRA? A. One half the policy premiums. B. All the policy premiums, plus up to a 5 percent administrative fee. C. Only whatever percentage of policy premiums the employee paid prior to leaving the job. D. All the premiums, plus up to a 2 percent administration fee. E. Nothing because the employer must cover all premiums.

Q: _________________ are considered eligible employees under the Family and Medical Leave Act. A. Those who have worked at least 25 hours a week for each of 12 months prior to the leave B. Those who have worked at least 30 hours a week for each of 12 months prior to the leave C. Those who have worked at least 35 hours a week for each of 12 months prior to the leave D. Those who have worked at least 40 hours a week for each of 12 months prior to the leave E. Those who have worked at least 40 hours a week for each of 24 months prior to the leave

Q: The Family and Medical Leave Act guarantees all eligible employees up to ______ weeks of leave during any ______ month period. A. 4; 24 B. 12; 24 C. 12; 12 D. 20; 12 E. 20; 24

Q: ______________ are exempt employees under the Fair Labor Standards Act. A. Executives B. Administrative employees C. Professional employees D. Executives, administrative employees, and professional employees E. Executive and professional employees, but not administrative employees

Q: The Family and Medical Leave Act covers private employers with ______ or more employees. A. 20 B. 25 C. 50 D. 75 E. 100

Q: Which of the following is true regarding whether employers may discriminate against smokers? A. There is a federal law specifically prohibiting employers from firing employees who smoke. B. There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke. C. There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area. D. There is no federal law prohibiting employers from firing employees who smoke. E. No states have laws prohibiting employers from firing employees who smoke.

Q: _______________ is a federal law regulating the payment of wages and overtime. A. The Fair Pay Act B. The Fair Labor Standards Act C. The Regulatory Wage Act D. The Subsistence Pay Act E. The Legal Pay Act