BLAW 231

The term employment at will means that
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
The Fair Labor Standards Act did not do which of the following
restrict the power of federal courts to issue injunctions against unions
Under the NLRA, unfair employer practices are prohibited. Which of the following is not an unfair employer practice
discrimination based on race religion, or national origin
The Labor-Management Reporting and Disclosure Act creates reporting requirements for which group or which set of activities
Union Activities
The central right of a union is
The right to engage in collective bargaining
In order to comply with current immigration laws, employers must verify a new hire’s right to work through completion of
An I-9 Employment Eligibility Form
An employee’s Social Security contributions under the Federal Insurance Contributions Act
are equal in amount to what the employer pays
Which federal law provides workers who have been terminated with continued access to health insurance
The Family and Medical Leave Act of 1993 requires employers who have fifty or more employees to provide employees with
up to twelve weeks of unpaid family or medical leave during any twelve month period
In cases brought by employees alleging that their privacy has been invaded by email monitoring
the courts have tended to hold for employers
The most important federal statue that works to prohibit employment discrimination against members of protected classes is
Title VII of the Civil Rights Act of 1964
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
Made a prima facie case of illegal discrimination
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?
The employee might be engaged in disparate- impact discrimination
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
Quid pro quo harassment
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?
The company has a policy of discounting women’s pay because they are typically the second breadwinner
The most widespread potential form of discrimination is
Age discrimination
Which of the following conditions is not considered to be a disability under the Americas with disabilities act of 1990
People recovering from alcoholism
Are protected by the Ada
Which of the following is not a defense to discrimination under Title VII
Disparate treatment
Which of the following statements is not true with respect to state statues prohibiting employment discrimination
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
In order to create a federal administrative agency, what kind of legal action is taken
Enabling legislation is passed by congress
Which of the following is an example of an independent regulatory agency
The securities and exchange commission
The major difference between independent regulatory agencies and executive agencies is that
Executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are
The basis for all administrative law is
Article 1 of the constitution
Administrative agencies are often referred to as
The 4th branch of government
Jen an administrative agency decides to create a new rule, what must it do as a first step
Publish a notice of the proposed rule making proceeding in the Federal register
With respect to administrative agency investigations, a subpoena deces tecum does what
It compels an individual or organization to hand over books, papers, records, or documents to an administrative agency
Charges that an individual or firm violated an administrative rule are first brought before
An administrative law judge
Following a hearing, an administrative law judge first issues
An initial order
The government in the sunshine act requires
Meetings of administrative agencies to be open to public observation
Deceptive advertising occurs
If a reasonable consumer is misled by an advertising claim
What do you call Joellen’s behavior
Bait and switch advertising
What is a cease and desist order
An order requiring that unfair or deceptive advertising be stopped
Regulation Z involves
Rules designed to implement the provisions of the Truth in Lending Act
Cooling off laws are laws that
Permits buyers of goods sold door to door to cancel their contracts with a specific time period, usually two or three days
In order for the food and drug administration to approve a drug for sale, what must a pharmaceutical company show
That the drug is both effective and safe
If a creditor fails to follow exactly the provisions of the tila, what may happen
A court may rescind the credit contract
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
Which of the following statements is true with respect to state consumer protection laws
State consumer protection laws often provide more extensive protections for consumers than federal laws do
Drug testing by private employers is permitted
There are no exceptions to the employment ‘at will’ doctrine
Employers are required to establish retirement plans for their employees
Federal wage hour laws cover all employers engages in interstate commerce
Under federal law, employers can monitor employees personal communication
Management serves as the representative of workers in bargaining with a union
An employer must consider all job applicants- citizen and noncitizen- in deciding whom to hire
Similarity of workers’ jobs is a factor in determining which workers are to be represented by a union
An individual who claims injury as a result of an employer’s illegal hiring of noncitizens has no recourse
An immigrant employee’s ability to stay in the United States and to switch jobs here is limited.
Once an affirmative action program has succeeded, it must be changed or dropped
In a sexual harassment case, an employer cannot be held liable for the actions of an employee
In a sexual harassment case, an employer cannot be held liable for the actions of an nonemployee
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
Employment discrimination against persons with a physical or mental impairment that substantially limits their everyday activities is prohibited
Discrimination complaints brought under federal law must be filed with the Equal Opportunity Employment Commission
If the Equal Opportunity Commission decides not to investigate a claim, the victim has no other option
All employers are subject to Title VII of the Civil Rights Act of 1964
Disparate-treatment discrimination occurs when an employer intentionally discriminates against an employee
Title VII prohibits employers and unions from discriminating against persons because of their religions
Enabling legislation specifies the powers of an agency
Most federal agencies are part of the executive branch of government
To create an agency, Congress enacts enabling legislation
Agency rules are not as legally binding as the laws that Congress enacts
After an agency adjudication, the administrative law judge’s order must be appealed to become final
Congress has no power to influence agency policy
The Administrative Procedure Act provides for judicial review of most agency actions
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.
Courts generally defer to an agency’s findings on facts within the area of its expertise
An agency cannot conduct a search without a warrant
Advertising will be deemed deceptive if a consumer would be misled by the advertising claim
In general, labels must be accurate
A consumer cannot rescind a contract freely entered into
The TILA applies to creditors who, in the ordinary course of business, sell goods on credit to consumers…
Misinformation in a consumer’s credit file cannot be deleted
The same laws that apply to other media generally protect consumers online
The Fair Debt Collection Practices Act applies to anyone who attempts to collect a debt
There are no federal agencies that regulate sales
One who leases consumer goods in the ordinary course of business does not have to disclose any material terms in writing
An advertiser cannot fax ads to consumers without their permission
Michelle, an employee of Neverquit Company, is covered by federal overtime provisions. These rules apply only after an employee has worked more than
40 hours in a week
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
may be retained or terminated whether or not the former strikers are rehired
Reddy Power Corporation provides health insurance for its employees. When Reddy closes one of its offices and terminates the employees, the employees
can continue their health insurance at their own expense
Reba works for Silo Storage Company as an at-will employee. This employment may be terminated at any time for any reason by
Reba or Silo Storage
Millions Mining Company is a private employer that wants to test its employees for drug use. This testing may
be limited or prohibited under a state constitution, statue, or court decision
Mosul, Natomi, and Omar apply to work for Precision Engineering, Inc. These individuals’ identities and eligibility to work must be verified
the employer
Delta Aircraft Company, a U.S employer, may hire Ewan, a noncitizen, if Ewan is
a lawful permanent resident of the United States
Omega Oil Refining Corporation wants to hire Parfez, who has certain special skills to fill a technical position. To hire Parfez, Omega must petition
During a union election campaign at Wayward Shipping Corporation, Wayward may not
threaten employees with the loss of their jobs if the union wins the election
Fruit Packaging Corporation provides health insurance for its 150 employees, including Gladys. When Gladys takes twelve weeks’ leave to care for her child,
can continue her health insurance at Fruit Packaging’s expense
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
Title VII of the Civil Rights Act of 1964
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
the Equal Pay Act of 1990
Under the Age Discrimination in Employment Act of 1967, Turnover Corporation is prohibited from
committing unintentional age discrimination
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
Local refused to make a ‘reasonable accommodation’ for Kip
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
Title VII of the Civil Rights Act of 1964
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
ask the Equal Opportunity Employment Commission whether a claim is justified
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
Eagle has a valid business necessity defense
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
forty or older
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
that passing the tests is a business necessity
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
liable, because Bob’s conduct constituted sexual harrassment
Flora, a congressperson, believes a new federal agency is needed to perform a certain function. Congress has the power to establish an agency to
none of the choices
Like other federal agencies, the Environmental Protection Agency may obtain information concerning activities and organizations that it oversees by compelling disclosure through
a search or a subpoena
In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally includes
notice and opportunity for comments by interested parties, and publication of the final draft of the rule
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
OSHA’s request is not specific enough
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
arbitrary, capricious, or an abuse of discretion
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
the Government-in-the-Sunshine Act
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
exhaust all administrative remedies
The National Oceanic and Atmospheric Administration (NOAA) is a federal agency. To limit the authority of NOAA, the president can
veto legislative modifications to NOAA’s authority
The Federal Communications Commission (FCC) publishes notice of a proposed rule. When comments are received about the rule, the FCC must respond to
any significant comments that bear directly on the proposed rule
Mariah is an administrative law judge (ALJ) for the National Labor Relations Board. In hearing a case, Mariah has the authority to make
determinations of fact
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
Swell Stuff Corporation sells consumer products. Generally, the labels must use words as they are
ordinarily understood by consumers
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
not proper, because the deal was in Spanish but the notice was in English
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
Ed only to advise him of further action tat GCA will take
The ordinary business of Friendly Credit Company is to lend money to consumers. Friendly must disclose all credit terms clearly and conspicuously in
any credit transaction in which payments are to be made in more than four installments
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
the car loan, the home improvement loan, and the retail installment sale
Krunchy Kwik, Inc., sells snack foods. Krunchy must include on the packages
the identity of the product, the net quantity of the contents, and the number of servinings
US Tobacco Corporation (USTC) sells tobacco products. On the packages of its smokeless tobacco products, USTC must include warnings about health hazards associated with
smokeless products
Slick Toy Company begins marketing a new toy that is highly flammable. The Consumer Product Safety Commission may
ban the toy’s future manufacture and sale, and order that the toy be removed from the market
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