Deck 13: Employee and Employer Rights and Duties

Question 1

In the strikes that endanger the national health and welfare,the president can impose an 80-day cooling-off period.

Answer 1

True

Question 2

Federal statutes mandate both "affirmative action" and "quotas" for employees (by gender and/or race).

Answer 2

False

Question 3

River City Building Supply contracts with Mango Janitorial for their services,but has little control over how the janitorial services are performed.Mango Janitorial is most likely an independent contractor.

Answer 3

True

Question 4

Despite equal pay statutes,on average,women earn substantially less than men earn.

Question 5

An agent may legally accept fees or gratuities from third parties with whom he or she is dealing on behalf of the principal without the principal's knowledge as long as the agent does not use any money gained for recreational purposes.

Question 6

Improvements in computers and related technology have greatly enhanced the privacy enjoyed by all people who live in the United States.

Question 7

Most complaints filed with the Equal Employment Opportunity Commission (EEOC)by workers for alleged violations of the Civil Rights Act of 1964,are found to be valid by the Commission and settled promptly within 30 days of filing.

Question 8

A person can work for another and be both an agent and employee.

Question 9

An employee has the power to quit at any time,but may be sued for resulting damages if in so doing he or she breaches a valid contract to work for a specified period.

Question 10

Under the federal Employee Polygraph Protection Act,so-called "lie-detector tests" are forbidden except for persons who apply for admission to West Point,Annapolis,or the Air Force Academy.
Test Bank

Question 11

Labor of persons under age 18 is not regulated under federal law.

Question 12

Social security is a government-mandated fringe benefit financed by taxes paid by both employers and employees.

Question 13

Right-to-know laws require that employers disclose,to workers who request the information,the average rate of pay for all workers in the business.

Question 14

The historic federal statute UNIONS (Union Negotiated Interest Organizing National Statute)requires employers to bargain collectively with recognized unions.

Question 15

Employers may not legally require that persons who apply for a given job have a high school diploma or pass an intelligence test unless such criteria are directly related to proper performance of the job.

Question 16

A fiduciary relationship exists when the law requires that a person act on behalf of another with scrupulous good faith and honesty.

Question 17

If an agent exceeds his or her authority,the principal is ordinarily not liable.

Question 18

Right-to-work laws have been enacted in 48 states and by Congress.

Question 19

Law guarantees the right of workers to organize into unions of their own choice and to bargain collectively with their employers.Nevertheless,the majority of American workers do not belong to unions.

Question 20

Employees who cheerfully hum or whistle while they work are called "whistle blowers," and although such practices are annoying to some,the employees are protected from dismissal by "whistle blower," statutes.

Question 21

Although an independent contractor has some independence from the direct control of his employer,his or her duties may still require he or she act as an agent.

Question 22

A group of persons defined by one or more of these criteria (race,color,gender,nation origin,or religion)is referred to as the Rainbow Coalition.

Question 23

The relationship permits the owner of a business to
expand by employing any number of persons to make contracts with third parties that bind the firm.

Question 24

The employer is liable to third parties for injuries caused by the negligence of employees while they are acting within the scope of their employment under a common law doctrine called "The Economic Yo Yo."

Question 25

Bona Fide Occupational Qualification (BFOQ)is a valid defense to a claim of racial discrimination.

Question 26

In an agency shop the worker although not required to join a union is required to support the union by paying a representative fee.

Question 27

As a matter of law an employee handbook cannot serve as part of an implied employment contract for purposes of unlawful dismissal of an employee.

Question 28

is a form of no-fault insurance protecting workers from lost wages
occurring due to work-place injuries.

Question 29

The Price Waterhouse v.Hopkins case held that an employer cannot fire an employee for taking time off to care for a sick relative.

Question 30

A(n)shop requires union membership as a condition of initial employment,
and it is illegal.

Question 31

Discrimination is prohibited whether it is intentional,called disparate ,or
unintentional,called disparate .

Question 32

An IRA is a(n).A SEP is a(n).Self-employed
persons can enjoy similar benefits by establishing retirement plans.All three
types of plans are meant to supplement retirement benefits.

Question 33

So-called laws do not provide,or reflect,a constitutional right to be
employed.Instead they restrict the ability of unions to require mandatory membership.

Question 34

Sexual harassment that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating,hostile,or offensive working environment is called sexual harassment.

Question 35

Vicarious liability occurs even though the employer has not been careless.

Question 36

The Taft-Harley Act provides for limited right to seek injunctions in labor disputes.

Question 37

A company pension plan keeps fund or money ownership with the employer until an employee
reaches retirement age.This practice changed for most employees with the .

Question 38

A type of Individual Retirement where the initial contribution is not tax deductible,but all earnings
remain tax-free,even upon withdrawal.This is called the IRA.

Question 39

The has the power to institute civil actions in court to eliminate violations of
the Civil Rights Act of 1964.

Question 40

Coupled with subsequent amendments,the Act of 1964 is probably the most
important federal law against unfair in employment practices.

Question 41

The Civil Rights Act of 1964 and subsequent federal law made it illegal to discriminate in

A)productivity and longevity.
B)race and national origin.
C)color and gender.
D)religion and age.

Question 42

The Pregnancy Discrimination Act of 1978 requires that employers

A)provide paid leave to pregnant women.
B)provide paid leave to pregnant women and paternity leave to the fathers.
C)consider pregnancy as a temporary disability,treating pregnant women as they would any other temporarily disabled employee.
D)provide health insurance for the mother and child for the first five years of life.

Question 43

Fernando Kraushar a student at Consumé Community College,often drove trucks for his brother Carlos,helping with pickup and delivery operations.Carlos would pay him $12 per hour and give him explicit instructions about the pickup and delivery times and even the driving routes.Fernando
Resented his big brother's dominance,but Carlos was explicit,"I love you bro,but don't ever negotiate with either the buyers or sellers." What term or terms best describes Fernando?

A)agent/independent contractor
B)employee
C)agent
D)durable power of attorney

Question 44

One discrimination act only protects women against discrimination.It is the .

Question 45

Title VII of the Civil Rights Act of 1964,as amended,prohibits job discrimination against

A)only union members
B)only applicants for employment
C)only employees
D)employees,applicants,and union members

Question 46

The federal agency tasked with administering the National Labor Relations Act is the

Question 47

A qualified employee or applicant with a disability is one who,with ,can
perform the essential functions of the job.

Question 48

Disparate treatment is (are)

A)intentional discrimination against a protected group of persons,such as blacks or women.
B)practices that have an unintentional,discriminatory effect on a class of people,protected under Title VII.
C)programs that attempt to "make up" for past patterns of discrimination.
D)workers giving up the right to sue in court for on-the-job injuries.

Question 49

Carlos Kraushar was an enterprising junior at River City College.He entered into a contract with several farmers,whereby he would take delivery of truckloads of tomatoes,without purchasing them,and attempt to sell the tomatoes in bulk to roadside produce merchants for the benefit of the farmers.If he made a sale,it was on credit and payments were made to the individual farmers.If any roadside vendor failed to make a payment,Carlos made good on the loss and paid the farmer.He would return unsold tomatoes to the farmers and they would in turn sell them for hog feed.The
Farmers paid Carlos 25% of all the payments they received from the produce merchants.What terms best describe Carlos?

A)principle/employee
B)employee/agent
C)servant/agent
D)agent/independent contractor

Question 50

Unless hired for a specific period of time or for a specific project or task,an employee is generally hired and can be terminated for any reason except those prohibited by law.

Question 51

A significant improvement in the legal status of some employees was made by the Equal Employment Opportunity Act of 1972.The act

A)assures all workers equal access to all jobs where payment is in hourly wages rather than monthly salaries.
B)abolishes time consuming informal conferences and conciliation over disputes,which employers could ignore.
C)provides that all labor-management disputes must be settled within a reasonable time,not to exceed 90 days.
D)gives the federal Equal Employment Opportunity Commission (EEOC)the power to institute civil lawsuits to eliminate violations of the Civil Rights Act.

Question 52

Disparate impact is (are)

A)intentional discrimination against a protected group of persons,such as blacks or women.
B)practices,which have unintentional discriminatory effect on a class of people,protected under Title VII.
C)programs that attempt to "make up" for past patterns of discrimination.
D)workers giving up the right to sue in court for on-the-job injuries.

Question 53

Discrimination in pay among employees is permitted under both the Equal Pay Act of 1963 and the Civil Rights Act of 1964,if it is in conformance with a bona fide

A)system geared to quantity or quality of production by the worker.
B)seniority system,which pays more to workers who have been with the firm longer.
C)system that pays more or less depending on the location of the work.
D)all of the above
Test Bank

Question 54

A classification of persons defined by one or more of these criteria: race,color,gender,national origin,age,or religion is called a ..

Question 55

Employers may discriminate in employment practices without violating federal law with reference to which one of the following sets of attributes?

A)gender,race,or disability-free condition
B)relevant education,experience,or productivity
C)religion or advanced age
D)color or national origin

Question 56

In the United States,legislation and case law affect or control

A)who may work and what work may be done.
B)when and where work may be done.
C)how it may be done and what minimum wage must be paid.
D)All of the above are affected or controlled.

Question 57

John hires Max and retains not only the right to the services of Max but the ability to tell Max how to perform the tasks.Max is a(n).

Question 58

A legal doctrine where an employer is held liable for the acts of an employee even if the employer is not negligent.The doctrine is called .

Question 59

A 54-year-old manager of a plant who earned $20.75 an hour was temporarily laid off when the company plant was closed for the winter.When spring came,a 23-year-old worker who earned $14.05 per hour replaced the manager.The older manager,who had worked for the company for 27 years,was not offered a position paying a lower wage rate.Which of the following is true?

A)Since the manager was not offered another position with the company,no rights exist under the ADEA.
B)The fact the manager is 54 is irrelevant is this situation.
C)In order to claim an ADEA violation the manager must prove specific intent to violate the act.
D)The manager's termination in these circumstances appears to violate the ADEA.

Question 60

Carla is an honors graduate from a prestigious college with a degree in computer sciences.She also is African-American.Carla applies for an entry-level management position with a medium sized computer software company.She passes a written test prepared by the company.At an oral interview,one of the interviewing parties tells her "the company enjoys a harmonious work force and she probably would not fit in." The company has no black management employees.After the interview,the company does not hire Carla for the position,but advertises again for new applicants.

A)Unless the company can show a legitimate reason for not hiring Carla,they have violated Title VII of the Civil Rights Act.
B)If the company is a partnership,it has no duty to comply with federal civil rights law.
C)Upon rejection,Carla can immediately file a lawsuit claiming discriminatory practices under the Civil Rights Act.
D)Carla has no rights under Title VII of the Civil Rights Act,as she is merely a job applicant,not a hired employee.

Question 61

The Family and Medical Leave Act:

A)applies to all employers no matter the size of the company
B)requires paid leave for mothers for six weeks after the birth of any infant.
C)allows unpaid leave for family purposes as well as child care.
D)is funded by sales taxes and employers are reimbursed for 2 weeks vacation

Question 62

An employer/principal is liable for the torts of an employee/agent committed while the employee/agent is

A)within the scope of employment.
B)paid an hourly wage.
C)a deep pocket employee.
D)on his or her way to work.

Question 63

The Age Discrimination in Employment Act of 1967 requires continued employment,if requested by the employee,of

A)persons up to the normal retirement age of 65.
B)persons of any age as long as they are physically and mentally willing and able to do the work required by their employer.
C)persons over the age of 40.
D)none of the above

Question 64

What types of inequality or differences among individuals are not addressed by civil rights legislation (e.g. ,laws barring discrimination in employment because of gender,religion,color,race,national origin,or advanced age)and probably never will be subject to legislation?

Question 65

Hazel Andrus believes her company has a systematic preference for males in executive positions,and that she has been denied a promotion because of this bias.Her employment contract contained an arbitration clause.Assuming the arbitration clause is fair and enforceable,can the EEOC still bring an action against the company on Hazel's behalf or is arbitration her sole way to enforce the law?

A)The arbitration clause provides her sole remedy and the EEOC is bared from bringing a claim.
B)The arbitration clause bars the EEOC,but it cannot stop Hazel from filing a lawsuit to enforce her claims.
C)The EEOC can pursue a claim,but they must also arbitrate the claim.
D)Even if Hazel must arbitrate her claims,the EEOC has an independent right to bring an action against the company on Hazel's behalf.

Question 66

Legislation and court decisions affect or control,to some greater or lesser extent,

A)who may work,doing what,when,and where.
B)how the work may be done,within what continuous span of time,and for what compensation.
C)Both of the above are correct.
D)None of the above is correct,because in our society the parties are free to contract on any terms of their unique and specialized choice.

Question 67

Mr.Sagacious was fired from his job after a wrestling fight with another employee.What would his best argument for reinstatement be?

A)No one in the fight was seriously injured.
B)The company had neglected to provide a written rule clearly prohibiting wrestling or fighting.
C)Five other altercations had occurred under similar circumstances,but all participants were females and none of them were fired.
D)He was employed for a specific three-year term and the term had two and a half years remaining.

Question 68

Cheryl Alessandro was driving down Hornet Street on her way to deliver a mattress for Comfort Zone Mattress Company.Unfortunately,Cheryl was distracted momentarily and rear ended Ricki Nesaam's new automobile.Luckily,Ricki was not hurt,but the car suffered $12,000 in damages.Who is legally responsible for the harm to Ricki's car?

A)Cheryl only
B)Cheryl and Comfort Zone Mattress
C)Comfort Zone Mattress only
D)Ricki only

Question 69

In determining whether someone is an independent contractor or an employee all but which of the following questions are important?

A)What control does the employer have over the details of the work?
B)Was the task contracted for performed?
C)Did the worker provide his or her own tools?
D)How is the worker compensated?

Question 70

The Civil Rights Act of 1964,as amended,does not apply to which of the following?

A)employers who have less than 15 employees
B)employers who are engaged in foreign,as well as interstate.commerce
C)employers with less than 10 percent of their sales made across their own state borders
D)employers who are losing money and must cut costs to avoid bankruptcy

Question 71

In the world of work,basically a person may serve as an
a.ordinary employee
b.agent
c.independent contractor
d.self-employed person
Briefly explain the nature of each,and give one example where each type of service is utilized.

Question 72

Under the Civil Rights Act,discrimination is prohibited except for four exceptions.Name and
explain any two of the four.

Question 73

High on the agenda of changes sought by unions in federal labor-management law is the demand that there should be no distinction in the right of striking workers to return to their job whether the strike was an unfair labor practice strike or an economic strike.
a.What is the difference between these two types?
b.Should the rule be changed as demanded?

Question 74

Economic fringe benefits can include all of the following except

A)medical,dental,and legal insurance.
B)assignment of a choice corner office with a scenic view and cross-ventilation.
C)private pension plan to supplement Social Security.
D)maternity and paternity leave with pay.

Question 75

Which of the following statements about agency relationships is not true?

A)Agency is a legal relationship between a principal and an agent.
B)The agency relationship must necessarily be evidenced by a written contract.
C)The agent represents and acts on behalf of the principal in making contracts with third parties,which normally are binding on the principal,but not on the agent.
D)An agent who acts beyond the scope or her of his authority is personally liable to the third party.

Question 76

River City Corporation sells medical testing equipment to the physicians.The manager hires only women as salespersons because he believes that most physicians are males and they are more willing to listen to a sales pitch from a woman than a man.Which of the following is true?

A)The manager has violated the law but the company if free from liability unless his was specifically instructed to hire in this fashion.
B)This is a violation of Title VII of the Civil Rights Act.
C)The is a violation of the Family Leave Act.
D)This is an example of a bona fide occupational qualification.

Question 77

The concept of wrongful termination of an employee

A)includes tort theory limiting the right of employers to discharge for certain reasons or under certain circumstances.
B)is a modern developing common law concept.
C)provides some protection for at will employees.
D)all of the above

Question 78

Which of the following is correct about employment relationships?

A)In the absence of a contract and guarantee,most employment arrangements are "at will."
B)It is illegal to fire a person if the employer lacks a legitimate reason.
C)The Taft-Hartley Act protects the employee from unfair practice by the employer.
D)Sexual harassment is not covered by Title VII.

Question 79

Although the point is disputed,which of the following federal laws is generally regarded as unfavorable to unions?

A)Anti-Injunction Act of 1932 (Norris-La Guardia)
B)National-Labor Relations Act of 1935 (Wagner Act)
C)Labor-Management Relations Act of 1947 (Taft-Hartley)
D)Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin)

Question 80

River City Corporation arranged to have Han Vongphakham negotiate energy contracts on the company's behalf.In return for his services,Han was paid $25,000 plus royalties.Han purchased several contracts for River City.He told River City that he paid more for the contracts than he actually did.Through various tricks,Han kept much of the money River City gave him to pay for the contracts,and used it for personal gain.

A)Because Han breached his duty of loyalty to River City,they owe him no royalty.
B)From the facts it is clear Han was an independent contractor with no duty of loyalty to River City.
C)The doctrine of respondeat inferior applies to this situation and thus Han can keep his $25,000 and one-half the royalty.
D)If River City is engaged in interstate commerce,EEOC regulations will provide the rules to determine the relative rights in this situation.