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Q:
What is meant by ratification with regard to the creation of liability in agency relationships and how does it apply?
Q:
What duties does an agent owe to his or her principal?
Q:
What is meant by the term "paper fortress" and why would an employer amass a "paper fortress"?
Q:
A principal will be contractually liable for the acts of its agent when that agent is acting in the scope of their authority. Name and discuss the different forms of authority that an agent might possess.
Q:
What is the purpose and jurisdiction of OSHA?
Q:
What are some of the things are employer can do to protect him or herself from a lawsuit concerning employment?
Q:
What is the employment-at-will doctrine and how is it being limited?
Q:
The Age Discrimination in Employment Act forbids age-based discharge of employees over age:
A.35.
B.40.
C.45.
D.50.
Q:
A WARN notice covers plant closings involving loss of employment of ________ during a ________ period.
A.50 or more full time employees; 30 day.
B.50 or more full and/or part time employees; 30 day.
C.500 or more full time employees; 90 day.
D.500 or more full and/or part time employees; 90 day.
Q:
Tom has a back injury that has required surgery in the past and while he is still able to work, he requires medicine and therapy periodically. If he leaves his current job and moves to another company, he is protected and can receive health coverage that includes coverage for his back at the new job due to provisions of:
A.FMLA.
B.FLSA
C.OSHA.
D.HIPPA.
Q:
According to the AFL-CIO, layoffs are impacting ________ workers per year.
A.1 million.
B.1.5 million.
C.1.75 million.
D.2 million.
Q:
WARN applies to companies with:
A.50 employees working within a 75 mile radius.
B.100 full time employees.
C.100 employees whether full or part time.
D.All employers regardless of size.
Q:
Brandie works full time as an administrative assistant for Mike. She works from 8:00 a.m. to 4:30 p.m. with an unpaid hour for lunch giving her 37.5 hours per week at a rate of $10.00 per hour. One afternoon Mike asks Brandie to stay late and work two extra hours to complete a project. According to the FLSA Brandie should be paid ________ for each of the extra hours worked.
A.$10.00.
B.$12.50.
C.$15.00.
D.$20.00.
Q:
If Mike fires Kathy, Mike needs to notify any third parties that Kathy has dealt with to protect against liability due to:
A.Actual authority.
B.Implied authority.
C.Ratification.
D.Apparent authority.
Q:
Respondeat superior can apply with regard to:
A.Unintentional torts only, when committed by an agent in the scope of employment.
B.Intentional torts only, when committed by an agent in the scope of employment.
C.Intentional and unintentional torts, when committed by an agent in the scope of employment.
D.Intentional torts, unintentional torts and crimes when committed by an agent in the scope of employment.
Q:
Mike calls Beth asking her to referee a soccer game. Beth is not obligated to work the game and often works for different assignors for different leagues. If she accepts the assignment and works the game she is told the time of the game, she must wear an approved uniform and she is paid a set fee. Once on the pitch (field) she is in complete control. Beth is considered a/an:
A.Incidental contractor
B.Independent contractor
C.an employee/agent
D.Principal.
Q:
Which of the following deals with employee's health care?
A.COBRA
B.OSHA
C.FLSA
D.ERISA
Q:
Which of the following is most likely characterized as a trading partnership?
A.An E-Bay based business with 2 partners.
B.A law firm with 64 partners.
C.An accounting firm with 8 partners.
D.An engineering consulting firm with 2 partners.
Q:
An employee at-will can be fired for which of the following?
A.Taking time off from work to serve on jury duty after the boss asked the employee to request a waiver.
B.Going to the newspapers to make public the fact that the employer was cheating the government on a defense contract.
C.Taking time off from work to care for a twin sister who is severely ill after the employer told the employee to report to work.
D.The employee can be fired for any of the above because employment at-will gives the employer the right to fire an employee for any time and for any reason.
Q:
In 2006, OSHA conducted over ________ inspections.
A.18,000.
B.28,000.
C.38,000.
D.48,000.
Q:
To be eligible for leave under the Family Medical Leave Act:
A.The employee must work for twelve consecutive months prior to requesting leave.
B.The eligible employee is entitled to one twelve month paid leave per year.
C.The employee is entitled to leave if they seasonably work each June, July and August for four years and work 320 hours each summer.
D.The employee may take leave for an emergency regarding their children, spouse or parents, but not for their brothers or sisters.
Q:
Under IRS rules, whistleblowers:
A.Are rewarded by having to pay no federal income tax in the year that the IRS recovers from the individual or company as long as the proceeds collected are higher than the taxes owed by the whistleblower.
B.Are entitled to a 15%-30% reward of the total collected proceeds minus penalty and interest assessed.
C.Are entitled to a 15%-30% reward of the total collected proceeds including penalty and interest assessed.
D.Are not entitled to a reward but are guaranteed that they cannot be retaliated against by their employer
Q:
For an employee of an eligible company to qualify for Family and Medical Leave Act benefits, the employee must have worked:
A.1040 hours during the previous 12 months.
B.1250 hours during the previous 12 months.
C.1950 hours during the previous 12 months.
D.2080 hours during the previous 12 months.
Q:
In IBP, Inc. v. Alvarez, the court examined the issue of when time spent by the employee at a meat processing plant is compensable. They determined that employers must pay employees when they are engaged in a principal activity related to the accomplishment of their job and that in this case:
A.Employees are engaged in a principal activity as soon as they arrive on the worksite.
B.Since the employees are paid for cutting and bagging meat, they are only engaged in a principal activity when cutting and bagging meat.
C.Because the employees are required to don protective equipment, they are engaged in a principal activity while donning the equipment and when cutting and bagging meat, but the Portal to Portal Act excludes pay for time spent walking to their work station.
D.The Portal to Portal Act does not apply to the walk from the locker room to the employees work station so the employee's principal activity begins with the donning of the protective gear and continues to include their work station activities.
Q:
Aimee works as a barista at Coffee-Ha-Ha is a small chain of three coffee houses operating in New Jersey. She works in the main facility located in Paradise NJ with 20 other employees. Coffee-Ha-Ha also has facilities in North Paradise and South Paradise NJ which are 25 miles north and south of the main facility respectively. Each of the other locations employs 16 employees. She has worked their full time for 18 months. Her husband has called with some bad news. His mother was driving with Aimee's daughter Delores and has had an accident severely injuring both of them. Aimee has asked her employer for leave under the Family Medical Leave Act.
A.Aimee is not entitled to leave because her employer has less than 50 employees at her site.
B.Aimee is not entitled to leave because the employer is not responsible when the accident, injury or emergency is caused by someone other than an immediate family member.
C.Aimee would be entitled to leave for the mother-in-law and is entitled to leave for her daughter, regardless of her daughter's age.
D.Aimee is not entitled to leave for the mother-in-law and is only entitled to leave if Delores is under 18 years old.
Q:
Angelina hires Brad to drive a truck to a depot 200 mile away. She specifies the route that he is to take and tells him to be sure to arrive by 5:00 pm. She also instructs him to drive carefully and stay on the specified route. On the way, Brad finds himself way ahead of schedule so he calls his old girlfriend Jennifer and she tells him to come over to visit. Jennifer lives eight miles away in a direction perpendicular to Angelina's designated route. After a moment of thought Brad starts toward Jennifer's house. On the way he has an accident with Vince. When Vince sues Angelina:
A.Angelina wins because Brad committed the tort of negligence, against her instructions, and she is free from liability because he didn't obey instructions.
B.Angelina wins because Brad was on a frolic and detour, giving her a defense to liability.
C.Angelina loses because Brad was on a frolic and detour.
D.Angelina loses because Brad had not deviated from the job enough to show that he was not no longer in the scope of employment.
Q:
The WARN Act requires:
A.Notice of a scheduled mass layoff.
B.Notice to an employee at will that they are being fired.
C.Notice to employees that an unscheduled drug test will be conducted for all employees.
D.All of the above.
Q:
Tinkers has hired Evers to represent him in dealings with Chance. Evers has met with Chance a number of times and Chance, at the first meeting, verified with Tinkers that Evers is his agent. If Tinkers fires Evers but Evers continues to deal with Chance, signing a contract with Chance on behalf of Tinkers, and Tinkers has not informed Chance that Evers is no longer an authorized agent, Tinkers may be liable on the contract based on:
A.Actual authority.
B.Express authority.
C.Implied authority.
D.Apparent authority.
Q:
If an agent takes time to run a personal errand while on assignment for the principal, this is called:
A.A frolic and detour.
B.Ratification.
C.A dual purpose mission.
D.Alternative scope of employment.
Q:
Private employers may conduct the following only as a part of an ongoing investigation when the employee is a possible suspect:
A.Drug and alcohol tests.
B.Lie detector tests.
C.Both a and b.
D.None of the above.
Q:
Employees that publicly disclose illegal or unethical behavior on the part of their companies are called:
A.Whistleblowers.
B.Broadcasters.
C.Scabs.
D.Yellow dogs.
Q:
The Fair Labor Standards Act (FLSA) addresses each of the following except:
A.Child labor.
B.Overtime.
C.Minimum wage.
D.Workplace safety.
Q:
Respondeat superior makes a principal liable for:
A.Acts of the agent based on implied authority.
B.Unauthorized acts of the third party.
C.Frolics and detours of the agent.
D.Acts of the third party related to the agency.
Q:
Standards regarding unsafe and unhealthy workplace conditions are created and enforced under:
A.NLRB.
B.FLSA.
C.ERISA.
D.OSHA.
Q:
Which of the following is the true statement?
A.Principals must ratify acts before they occur for ratification to create contractual liability.
B.Apparent authority is based on what the principal communicates to the agent and not the third party.
C.Respondeat superior makes a principal liable for civil and criminal acts of the agent when those acts are committed in the scope of employment and in furtherance of the agency.
D.All employees are agents of the employer/principal, but not all agents are employees.
Q:
Flo has been working at ABC Corporation for 4½ years. Her pension plan will vest at her 5 year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The internal finance department has determined that cost cutting is needed to keep the company profitable. They recommend that Flo be fired before her pension vests and becomes a permanent liability against the corporation.
A.They cannot fire her to keep her pension from vesting based on ERISA.
B.They cannot fire her to keep her pension from vesting based on COBRA.
C.They cannot fire her to keep her pension from vesting based on HIPPA.
D.They cannot fire her to keep her pension from vesting based on FLSA.
Q:
Your professor is tired of the slow and inefficient computer in his office so he purchases a new computer from one of your school's suppliers and has it charged to the school. Your professor has never been permitted to charge a purchase of over $25.00 without prior approval. At the end of the month when the bill comes in, your professor is told that he or she should not have bought the computer and is told never to exceed $25.00 without prior approval again. Never-the-less, the school agrees to pay the bill. Under what theory has the agency contract been created?
A.Actual authority.
B.Implied authority.
C.Apparent authority.
D.Ratification.
Q:
Sarah negotiated with her boss and works from 7:00 a.m. to 7:00 p.m. Monday through Thursday with an hour for lunch and an hour for dinner each day. On election day the polls are open from 7:00 a.m. to 7:00 p.m. and the lines ate very long. She tells her boss that she wants to vote and asks for a long lunch or dinner. He refuses and tells her she will be fired if she takes the extra time.
A.The boss can fire her because her first obligation is to her job.
B.The boss can fire her because employment at will permits him to fire her for any reason.
C.The boss cannot fire her because the Fair Labor Standards Act prohibits unreasonable conduct by a boss that affects an employee negatively.
D.The boss cannot fire her because he may not prohibit her from exercising a statutory or constitutional right.
Q:
Who would generally be liable for an amount exceeding the amount of their investment, for the acts of their agent based on respondeat superior?
A.Partners.
B.Shareholders.
C.Members of LLCs.
D.All of the above.
Q:
Actual authority can be:
A.Expressed written authority.
B.Expressed oral authority.
C.Either a or b.
D.Conferred only by ratification
Q:
The documentation of a paper fortress consists of:
A.Job descriptions.
B.Personnel manuals.
C.Employee personnel files.
D.All of the above.
Q:
An agent:
A.May act on his or her own behalf, even at the expense of the principal.
B.May alter instructions from the principal if necessary if they choose to.
C.Must keep the principal fully informed.
D.Is not required to provide an accounting to the principal.
Q:
Polygraph tests:
A.May be legally used by most private employers to screen job applicants.
B.May be legally used by most private employers to randomly check current employees.
C.May be legally used by private companies that manufacture or sell controlled substances to screen and randomly check current employees.
D.May never be used in connection with employment.
Q:
Employers were prohibited from firing employees for union activities under the:
A.Common law.
B.Fair Labor Standards Act.
C.Labor-Management Relations Act.
D.Labor Rights Act.
Q:
Which of the following provides for disability benefits?
A.Fair Labor Standards Act.
B.Social Security Act.
C.Occupational Safety and Health Act.
D.Civil Rights Act of 1964.
Q:
The purpose of the Social Security Act is to provide:
A.Employment.
B.Disability benefits.
C.Policy guidance on employment discrimination.
D.Protection for employee privacy.
Q:
One major purpose of the Fair Labor Standards Act is to provide:
A.Restrictions on child labor.
B.Guaranteed employment.
C.Disability benefits.
D.Anti-discrimination policies.
Q:
Implied authority is the authority that the third party may reasonably assume that the agent possesses.
Q:
States may set minimum wage amounts that are lower than the federal minimum wage but not higher.
Q:
If an agent is driving his car to work from home, the principal will not be liable for injuries caused by the agent's negligence should the agent cause an accident.
Q:
Penalties imposed for violation of the Fair Labor Standards Act can be trebled when evidence of repeated violations occur.
Q:
In an agency, the agent acts on behalf of the third party.
Q:
The Fair Labor Standards Act requires employers to provide reasonable breaks and meal periods to full time employees.
Q:
Softstuff Inc., contracted to sell MikeMart 500 cotton blankets. There is an agency relationship between Softstuff and MikeMart.
Q:
Principals are liable for the tortuous and criminal acts of their agents based on the doctrine of respondeat superior.
Q:
Regarding employment at-will, employees may be fired just because the boss doesn't like them.
Q:
The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.
Q:
Ratification occurs when an agent enters into a contract without authority which is later approved by the principal.
Q:
The WARN Act requires that employers give employees 90 days notice of plant closings or mass layoffs.
Q:
Mike is a partner in a law firm. He has the implied authority to borrow money on behalf of the firm.
Q:
The Fair Labor Standards Act permits states to set their own levels for minimum wage but requires that the state rate not exceed the federal rate set by Congress.
Q:
The 4th Amendment protects public employees from some drug testing because courts have ruled that certain tests were unreasonable searches.
Q:
The National Drug Prevention and Testing Act of 1994 includes uniform guidelines on drug testing employees.
Q:
Robert has been hired to manage a bookstore. If Robert fires Amanda, he may do so based on apparent authority.
Q:
Failure to notify third parties that an agent no longer represents you leaves you open to contractual liability based on implied authority should the former agent enter into a contract with the third party in your name.
Q:
A personnel handbook for a business has no affect on at-will employment.
Q:
Employment-at-will relationships are essentially employer/employee agreements that may be terminated at any time without cause.
Q:
U.S. pesticide companies can sell internationally what they cannot sell in the United States.
Q:
The Endangered Species Act requires courts and regulators to take economic factors into consideration in applying the Act's provisions.
Q:
The Supreme Court has decided that the Clean Air Act unambiguously bars cost considerations from the air quality standards-setting process.
Q:
Human alterations of the environment are causing an extinction of between 30,000 to 50,000 animal and plant species per year.
Q:
Under the Endangered Species Act, you are in violation if you harass an endangered animal without otherwise causing it, or its habitat, physical harm.
Q:
To be considered a point source under the Clean Water Act, the source must itself create pollution.
Q:
The EPA does not regulate indoor air pollution under the Clean Air Act.
Q:
All new pollution control rules are now subject to a cost-benefit analysis.
Q:
States bear principal responsibility for devising implementation plans regarding the Clean Air Act.
Q:
The Clean Water Act applies to all navigable and non-navigable waterways within the United States.
Q:
The U.S. government is the largest landholder in the country, controlling one-third of the nations land.
Q:
Primary air quality standards are those standards necessary to protect public health.
Q:
A nationwide Wall Street Journal/NBC News survey found that most people believed that there should be less environmental protection.