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business law #6
| Question | Answer |
|---|---|
| Federal law is likely to supply which of the following terms in employment contracts? | minimum wage |
| Which of the following is not a test to determine whether a person is an employee? | respondeat superior |
| Many of the employer's duties to employees are created by statutes. | true |
| Any party who hires an independent contractor may be liable for the independent contractor's torts if the work | is inherently dangerous |
| State laws designed to protect minors restrict the hours minors can work | true |
| All people paid for their work are employees. | false |
| When is an employee justified to quit? | employer doesn't fulfill an important part of their agreement |
| If there is no pay agreed to, then the relationship of employment probably does not exist | true |
| Which of the following is a source of the terms in an employment contract? | all listed are correct |
| Employment contracts can only be terminated if mutally agreed upon by both the employee and employer. | false |
| Which of the following is the factor which determines whether an employment contract is terminable at will? | whether a length of time for the employment is specified |
| If someone contracts to have a job done, but does not control or supervise the worker, the worker is an independent contractor. | true |
| Which of the following is NOT a duty owed by employees to employers? | duty of being an employee until retirement age |
| employee | Party who works under the supervision of another for pay. |
| employer | Party who engages another to work for pay. |
| employment at will | Employment relationship whereby employee may be discharged at any time because no agreement was made about length of employment. |
| independent contractor | One who contracts to do something for another but is free of the latter's direction and control. |
| work permit | Document obtained from the state allowing a person under 18 years old to work. |
| payroll deductions | Money withheld from an employee's paycheck. |
| employment | Contractual relationship in which one party engages another to work for pay under the supervision of the party paying. |
| unemployment compensation | Governmental payments to those who recently lost their jobs. |
| wrongful discharge | Firing an employee in retaliation for reporting violations of law by the company. |
| workers' compensation | Payment for injuries that occur on the job. |
| duty of reasonable performance | The obligation to perform the job tasks with competence. |
| duty of loyalty and honesty | The obligation to look out for the best interests of the employer. |
| A company isn't required to provide workers' comp insurance if... | all answers listed are correct |
| Which of the following is NOT a common-law defense to a negligence suit against an employer? | OSHA violations in the workplace |
| When a worker is covered by workers' compensation, this is generally the employee's exclusive remedy for job-related injuries. | True |
| workers' compensation statutes | laws that provide compensation for workers (or their dependents) when the workers are injured (or killed) in the course of employment |
| contributory negligence | when a worker does something to partially cause his or her own injury |
| general duty clause | part of the OSHA requiring the employers provide a workplace free from hazards likely to cause serious harm or death |
| assumption of risk | when a worker knows there is danger on the job but agrees to do it anyway |
| common-law defenses | consists of assumption of risk, contributory negligence and negligence of a co-worker |
| casual workers | persons who do not work regularly for a certain employer |
| co-worker negligence | a fellow employee is responsible for one part of your injury |
| negligence suit | a suit, brought by an employee against an employer, that claims the employer's carelessness caused the employee's injury |
| OSHA | federal agency that administers the Occupational Safety and Health Act |
| vocational rehabilitation | retraining of an injured worker |
| If an employee is covered by workers compensation, then that worker generally cannot bring a suit against the employer for negligence. | True |
| OSHA regulations control such specific issues as how paint booths must be ventilated. | True |
| Which of the following is NOT a way our legal system deals with employee injuries? | arbitration |
| OSHA's general duty clause does NOT require employers to provice a "workplace free from recognized hazards". | false |
| Which is NOT a defense available to an insurer when sued by an injured employee? | assumption of risk |
| Acting for the benefit of the employer is generally referred to as | scope of employment |
| OSHA does NOT have power to shut down unsafe plants that violate the general duty clause. | false |
| Which item below is NOT an unfair labor practice of management? | featherbedding |
| Which item below is NOT an unfair labor practice of unions? | interfering with employees trying to form a union |
| What percentage of workers in a bargaining unit must vote in favor to create a union? | 30% |
| Certification means that a union is the exclusive bargaining representative for a bargaining unit. | True |
| Today, all workers have the right to unionize. | False |
| Primary boycotts are illegal. | false |
| strike | concerted stoppage of work to force an employer to yield to union demands |
| primary boycott | boycott by striking employees that is directed mainly against their employer |
| lockout | employer's shutdown of operations to bring pressure on employees |
| union shop | establishment in which all employees must belong to the union, either when they are hired or within a specified time after they are hired |
| picket | patrolling by union members with signs alongside the premises of the employer during a labor dispute |
| decertification election | a process by which a union ceases to be the exclusive bargaining agent for employees |
| unfair labor practices | union or employer actions that violate the rights of employees with respect to union activity |
| right-to-work laws | state laws that ban both the union shop and the closed shop |
| mediation | attempt by a neutral third party to achieve a compromise between disputing parties |
| open shop | establishment in which nonunion members do not pay union dues |
| Which act was created to over rule the US Supreme Court decision that made unions illegal? | Clayton Act |
| Management's 1st amendment rights allow it to say anything in an attempt to defeat the union during a certificaiton campaign. | False |
| What is NOT a collective bargaining issue for unions? | plant location |
| Which of the following is illegal according to the Taft-Hartley Act? | closed shop |
| Who conducts the certification election? | the NLRB |
| Labor unions have always been in existence in some form. | false |
| Which type of shop must employees join the union within 30 days of employment? | union |
| Federal laws always prevail if there is a conflict in between and state and federal laws. | true |
| If a strike is over economic issues, the employer may hire permanent replacements for the jobs held by strikers | true |
| Protected classes" refers to members of groups that are illegal to discriminate against. | true |
| If a member of a protected class proves disparate treatment, the employer will not be liable if it can show the defense of seniority or BFOQ. | true |
| Which law protects workers over age 40? | true |
| Employers may discriminate against protected classes if it is justified by business necessity | false |
| Employee discrimination laws generally apply only to firms with a minimum of how many employees? | 15 |
| A job requirement may be illegal although it appears on its face not to discriminate against a protected class. | true |
| An employer can never discriminate. | False |
| Which type of illegal discrimination is most concerned with one person? | disparate treatment |
| applicant pool | Those qualified for the job. |
| bona fide seniority system | System that rewards employees for length of employment rather than merit |
| disparate impact | When a business practice has the effect of reducing the number of workers from a protected class in the workfoce. |
| neutral on its face | Label for a workplace policy that does not seem on the surface to discriminate against any protected class. |
| Equal Employment Opportunity Commission (EEOC) | Has the authority to investigate and conciliate complaints of job discrimination and to prosecute suspected offenders. |
| bona fide occupational qualification (BFOQ) | Job requirement that, of necessity, requires the hiring of a person of a particular race, sex or natural origin. |
| protected classes | Groups that employment law protects. |
| causation | Linking a job requirement with underrepresentation of a protected class in the workforce. |
| hostile environment | Interference with an employee's ability to work due to unwelcome comments, gestures, or touching of a sexual nature at work. |
| workforce pool | All the people who work for an employer that has been charged with employment discrimination. |
| Which law prohibits discrimination based on gender in the payment of wages? | equal pay act |
| Which law prohibits discrimination based on race, religion, sex or national origin in any term, condition, or privilege of employment? | Civil Rights Act of 1964 |
| In general, employment law makes it illegal to consider a group characteristic when hiring individuals. | true |
| To establish that a job requirement that is neutral on its face is illegal, the plaintiff must establish that it produces which of the following? | disparate impact |
| Most disparate treatment cases today involve which type of proof? | indirect |
| Which of the following are grounds for illegal discrimination? | all items listed are examples of illegal discrimination |
| Which of the following people working in the United States is NOT a member of the protected class? | caucasian male |
Created by:
stephparnell