question

The term employment at will means that

answer

either party may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract

question

The Fair Labor Standards Act did not do which of the following

answer

restrict the power of federal courts to issue injunctions against unions

question

Under the NLRA, unfair employer practices are prohibited. Which of the following is not an unfair employer practice

answer

discrimination based on race religion, or national origin

question

The Labor-Management Reporting and Disclosure Act creates reporting requirements for which group or which set of activities

answer

Union Activities

question

The central right of a union is

answer

The right to engage in collective bargaining

question

In order to comply with current immigration laws, employers must verify a new hire's right to work through completion of

answer

An I-9 Employment Eligibility Form

question

An employee's Social Security contributions under the Federal Insurance Contributions Act

answer

are equal in amount to what the employer pays

question

Which federal law provides workers who have been terminated with continued access to health insurance

answer

COBRA

question

The Family and Medical Leave Act of 1993 requires employers who have fifty or more employees to provide employees with

answer

up to twelve weeks of unpaid family or medical leave during any twelve month period

question

In cases brought by employees alleging that their privacy has been invaded by email monitoring

answer

the courts have tended to hold for employers

question

The most important federal statue that works to prohibit employment discrimination against members of protected classes is

answer

Title VII of the Civil Rights Act of 1964

question

If Min is able to show that she is qualified for the job, and that Tiffany, a Caucasian who is less qualified, is hired instead of her, what has Min done

answer

Made a prima facie case of illegal discrimination

question

Now assume that Min lives in an area with a high percentage of Asian workers. Many of these workers are legal immigrants who have relatively little college training. If, when Min applies for her job, she is given an examination designed for a college graduate, and if she and most Asian applicants fail to pass the test, what problem might the employee have?

answer

The employee might be engaged in disparate- impact discrimination

question

Joe tells Kathy that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, what is this known as

answer

Quid pro quo harassment

question

Assume that Melanie and David both work at comparable jobs at technology impact, inc. Melanie is paid 15% less than David, however. Which of the following IS NOT a legitimate defense to pay this inequality?

answer

The company has a policy of discounting women's pay because they are typically the second breadwinner

question

The most widespread potential form of discrimination is

answer

Age discrimination

question

Which of the following conditions is not considered to be a disability under the Americas with disabilities act of 1990

answer

Kleptomania

question

People recovering from alcoholism

answer

Are protected by the Ada

question

Which of the following is not a defense to discrimination under Title VII

answer

Disparate treatment

question

Which of the following statements is not true with respect to state statues prohibiting employment discrimination

answer

State laws governing employment discrimination are uniform throughout the country, thus allowing plaintiffs to enjoy more predictability with respect to the outcomes of their cases in state courts

question

In order to create a federal administrative agency, what kind of legal action is taken

answer

Enabling legislation is passed by congress

question

Which of the following is an example of an independent regulatory agency

answer

The securities and exchange commission

question

The major difference between independent regulatory agencies and executive agencies is that

answer

Executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are

question

The basis for all administrative law is

answer

Article 1 of the constitution

question

Administrative agencies are often referred to as

answer

The 4th branch of government

question

Jen an administrative agency decides to create a new rule, what must it do as a first step

answer

Publish a notice of the proposed rule making proceeding in the Federal register

question

With respect to administrative agency investigations, a subpoena deces tecum does what

answer

It compels an individual or organization to hand over books, papers, records, or documents to an administrative agency

question

Charges that an individual or firm violated an administrative rule are first brought before

answer

An administrative law judge

question

Following a hearing, an administrative law judge first issues

answer

An initial order

question

The government in the sunshine act requires

answer

Meetings of administrative agencies to be open to public observation

question

Deceptive advertising occurs

answer

If a reasonable consumer is misled by an advertising claim

question

What do you call Joellen's behavior

answer

Bait and switch advertising

question

What is a cease and desist order

answer

An order requiring that unfair or deceptive advertising be stopped

question

Regulation Z involves

answer

Rules designed to implement the provisions of the Truth in Lending Act

question

Cooling off laws are laws that

answer

Permits buyers of goods sold door to door to cancel their contracts with a specific time period, usually two or three days

question

In order for the food and drug administration to approve a drug for sale, what must a pharmaceutical company show

answer

That the drug is both effective and safe

question

If a creditor fails to follow exactly the provisions of the tila, what may happen

answer

A court may rescind the credit contract

question

The equal credit opportunity act prohibits the denial of credit based solely on several characteristics. Which of the following is not one of these characteristics

answer

Disability

question

Which of the following statements is true with respect to state consumer protection laws

answer

State consumer protection laws often provide more extensive protections for consumers than federal laws do

question

True

answer

Drug testing by private employers is permitted

question

False

answer

There are no exceptions to the employment 'at will' doctrine

question

False

answer

Employers are required to establish retirement plans for their employees

question

True

answer

Federal wage hour laws cover all employers engages in interstate commerce

question

False

answer

Under federal law, employers can monitor employees personal communication

question

False

answer

Management serves as the representative of workers in bargaining with a union

question

False

answer

An employer must consider all job applicants- citizen and noncitizen- in deciding whom to hire

question

True

answer

Similarity of workers' jobs is a factor in determining which workers are to be represented by a union

question

False

answer

An individual who claims injury as a result of an employer's illegal hiring of noncitizens has no recourse

question

True

answer

An immigrant employee's ability to stay in the United States and to switch jobs here is limited.

question

True

answer

Once an affirmative action program has succeeded, it must be changed or dropped

question

False

answer

In a sexual harassment case, an employer cannot be held liable for the actions of an employee

question

False

answer

In a sexual harassment case, an employer cannot be held liable for the actions of an nonemployee

question

True

answer

Women affected by pregnancy must be treated for all job related purposes the same as persons not so affected but similar in ability to work

question

True

answer

Employment discrimination against persons with a physical or mental impairment that substantially limits their everyday activities is prohibited

question

True

answer

Discrimination complaints brought under federal law must be filed with the Equal Opportunity Employment Commission

question

False

answer

If the Equal Opportunity Commission decides not to investigate a claim, the victim has no other option

question

False

answer

All employers are subject to Title VII of the Civil Rights Act of 1964

question

True

answer

Disparate-treatment discrimination occurs when an employer intentionally discriminates against an employee

question

True

answer

Title VII prohibits employers and unions from discriminating against persons because of their religions

question

True

answer

Enabling legislation specifies the powers of an agency

question

True

answer

Most federal agencies are part of the executive branch of government

question

True

answer

To create an agency, Congress enacts enabling legislation

question

False

answer

Agency rules are not as legally binding as the laws that Congress enacts

question

False

answer

After an agency adjudication, the administrative law judge's order must be appealed to become final

question

False

answer

Congress has no power to influence agency policy

question

True

answer

The Administrative Procedure Act provides for judicial review of most agency actions

question

True

answer

When a new regulation will have a significant impact on a substantial number of small entities, an analysis must be conducted to measure the cost imposed on small businesses.

question

True

answer

Courts generally defer to an agency's findings on facts within the area of its expertise

question

False

answer

An agency cannot conduct a search without a warrant

question

True

answer

Advertising will be deemed deceptive if a consumer would be misled by the advertising claim

question

True

answer

In general, labels must be accurate

question

False

answer

A consumer cannot rescind a contract freely entered into

question

True

answer

The TILA applies to creditors who, in the ordinary course of business, sell goods on credit to consumers...

question

False

answer

Misinformation in a consumer's credit file cannot be deleted

question

True

answer

The same laws that apply to other media generally protect consumers online

question

False

answer

The Fair Debt Collection Practices Act applies to anyone who attempts to collect a debt

question

False

answer

There are no federal agencies that regulate sales

question

False

answer

One who leases consumer goods in the ordinary course of business does not have to disclose any material terms in writing

question

True

answer

An advertiser cannot fax ads to consumers without their permission

question

Michelle, an employee of Neverquit Company, is covered by federal overtime provisions. These rules apply only after an employee has worked more than

answer

40 hours in a week

question

National Workers Union (NWU) represents the employees of Office Supplies Company, INC. NWU calls an economic strike, and Office hires replacement workers. After the strike, the employment workers

answer

may be retained or terminated whether or not the former strikers are rehired

question

Reddy Power Corporation provides health insurance for its employees. When Reddy closes one of its offices and terminates the employees, the employees

answer

can continue their health insurance at their own expense

question

Reba works for Silo Storage Company as an at-will employee. This employment may be terminated at any time for any reason by

answer

Reba or Silo Storage

question

Millions Mining Company is a private employer that wants to test its employees for drug use. This testing may

answer

be limited or prohibited under a state constitution, statue, or court decision

question

Mosul, Natomi, and Omar apply to work for Precision Engineering, Inc. These individuals' identities and eligibility to work must be verified

answer

the employer

question

Delta Aircraft Company, a U.S employer, may hire Ewan, a noncitizen, if Ewan is

answer

a lawful permanent resident of the United States

question

Omega Oil Refining Corporation wants to hire Parfez, who has certain special skills to fill a technical position. To hire Parfez, Omega must petition

answer

CIS

question

During a union election campaign at Wayward Shipping Corporation, Wayward may not

answer

threaten employees with the loss of their jobs if the union wins the election

question

Fruit Packaging Corporation provides health insurance for its 150 employees, including Gladys. When Gladys takes twelve weeks' leave to care for her child,

answer

can continue her health insurance at Fruit Packaging's expense

question

Curt, personnel director for Digital Products, Inc., prefers to hire Asian Americans, because "they're smarter and work harder" than other minorities. This is prohibited by

answer

Title VII of the Civil Rights Act of 1964

question

Greg and Holly work for Interstate Services, Inc. (ISI), as electrical engineers. Greg is paid more than Holly because, according to ISI, he is a man with a family to support. This is prohibited by the

answer

the Equal Pay Act of 1990

question

Under the Age Discrimination in Employment Act of 1967, Turnover Corporation is prohibited from

answer

committing unintentional age discrimination

question

Kip, who is hearing impaired, applies for a position with Local Company. Kip is qualified but is refused the job and sues Local. To succeed under the Americans with Disabilities Act, Kip must show that

answer

Local refused to make a 'reasonable accommodation' for Kip

question

Omega Sales, Inc promotes employees on the basis of color. Employees with darker skin color are passed over in favor those with lighter skin color, regardless of their race. This is prohibited by

answer

Title VII of the Civil Rights Act of 1964

question

Tia is an employee of United Communications Corporation. Tia attempts to resolve a gender-based discrimination claim with United, whose representative denies the claim. Tia's next best step is to

answer

ask the Equal Opportunity Employment Commission whether a claim is justified

question

Dona applies to Eagle Corporation for an administrative assistant's job, which requires certain typing skills. Dona cannot type but tells Eagle that she is willing to learn. Eagle does not hire Dona, who later sues. To successfully defend against the suit under Title VII, Eagle must show that

answer

Eagle has a valid business necessity defense

question

Simplex Corporation terminates Tom, who sues on the basis of age discrimination. To succeed under the Age Discrimination in Employment Act, Tom must show that at the time of the discharge, he was

answer

forty or older

question

National Equipment Company requires job applicants to pass certain physical tests. Only a few female applicants can pass the tests, but if they pass, they are hired. To successfully defend against a suit on the basis under Title VII, National must show

answer

that passing the tests is a business necessity

question

Bob and Carol work for Delta Company. Bob is Carol's supervisor. During work, Bob touches Carol in ways that she perceives as sexually offensive. Carol resists the advances. Bob cuts her pay. Delta is

answer

liable, because Bob's conduct constituted sexual harrassment

question

Flora, a congressperson, believes a new federal agency is needed to perform a certain function. Congress has the power to establish an agency to

answer

none of the choices

question

Like other federal agencies, the Environmental Protection Agency may obtain information concerning activities and organizations that it oversees by compelling disclosure through

answer

a search or a subpoena

question

In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally includes

answer

notice and opportunity for comments by interested parties, and publication of the final draft of the rule

question

The Occupational Safety and Health Administration (OSHA) issues a subpoena for Precision Systems Corporation to hand over its files. Precision's possible defenses against the subpoena include

answer

OSHA's request is not specific enough

question

The Federal Trade Commission (FTC) issues an order relating to the advertising of Giant Discounts, Inc. Giant Discounts appeals the order to a court. The court may review whether the FTC's action is

answer

arbitrary, capricious, or an abuse of discretion

question

The Federal Energy Regulatory Commission (FERC) wants to close a series of its meetings to the public. To open the meetings, Jennifer or any citizen could sue the FERC under

answer

the Government-in-the-Sunshine Act

question

The U.S Fish and Wildlife Service orders Ghani to stop using a certain type of fishing net from his boat. To appeal this order to a court, Ghani must

answer

exhaust all administrative remedies

question

The National Oceanic and Atmospheric Administration (NOAA) is a federal agency. To limit the authority of NOAA, the president can

answer

veto legislative modifications to NOAA's authority

question

The Federal Communications Commission (FCC) publishes notice of a proposed rule. When comments are received about the rule, the FCC must respond to

answer

any significant comments that bear directly on the proposed rule

question

Mariah is an administrative law judge (ALJ) for the National Labor Relations Board. In hearing a case, Mariah has the authority to make

answer

determinations of fact

question

Tasty Treat Company advertises that its cereal, "Fiber Rich", reduces cholesterol. After an investigation and a hearing, the FTC finds no evidence to support the claim. To correct the public's impression of Fiber Rich, the most appropriate action would be

answer

counteradvertising

question

Swell Stuff Corporation sells consumer products. Generally, the labels must use words as they are

answer

ordinarily understood by consumers

question

Maria does not speak English. Nick comes to her home and, after a long presentation in Spanish, sells her a vacuum cleaner. He hands her a paper that contains only in English a notice of the right to cancel a sale within three days. This transaction is

answer

not proper, because the deal was in Spanish but the notice was in English

question

Ed takes out a student loan from First National Bank. After graduation, Ed goes to work, but he does not make payments on the loan. The bank agrees with Good Collection Agency (GCA) that if GCA collects the debt, it can keep a percentage of the amount. To collect the debt, GCA can contact

answer

Ed only to advise him of further action tat GCA will take

question

The ordinary business of Friendly Credit Company is to lend money to consumers. Friendly must disclose all credit terms clearly and conspicuously in

answer

any credit transaction in which payments are to be made in more than four installments

question

Eve borrows money to buy a car and to pay for repairs to the roof of her house. She also buys furniture in a transaction financed by the seller whom she will repay in installments. If all of the parties are subject to the Truth-in-Lending Act, Regulation Z applies to

answer

the car loan, the home improvement loan, and the retail installment sale

question

Krunchy Kwik, Inc., sells snack foods. Krunchy must include on the packages

answer

the identity of the product, the net quantity of the contents, and the number of servinings

question

US Tobacco Corporation (USTC) sells tobacco products. On the packages of its smokeless tobacco products, USTC must include warnings about health hazards associated with

answer

smokeless products

question

Slick Toy Company begins marketing a new toy that is highly flammable. The Consumer Product Safety Commission may

answer

ban the toy's future manufacture and sale, and order that the toy be removed from the market

question

Jada receives an unsolicited credit card in the mail and tosses it on her desk. Without Jada's permission, her roommate Loni uses the card to buy new clothes for $1000. Jada is liable for

answer

$0

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