Deck 15: Employment, Immigration, and Labor Law

Question 1

A principal may deny the existence of an agency relationship whenever it suits his or her purpose.

Answer 1

False

Question 2

Apparent authority exists if a principal causes a third party reasonably to believe that an agent has authority to act.

Answer 2

True

Question 3

If an agent acts within the scope of authority, a partially dis?closed prin?cipal is liable to a third party for contracts made by the agent.

Answer 3

True

Question 4

An independent contractor always acts in the capacity of an agent.

Question 5

Under the theory of respondeat superior, liability for the wrongful acts of employees within the scope of their employment is imposed on employers.

Question 6

A principal owes his or her agent a duty to act in good faith.

Question 7

An agent's authority must be express for the agent's act to bind a principal.

Question 8

Employers who willfully violate safety regulations can be prosecuted under state criminal laws.

Question 9

An agent owes his or her principal a duty to act in good faith.

Question 10

An agent whose employer does not have the right to control the agent's performance is an independent contractor.

Question 11

A principal's liability in a contract with a third party may depend on the authority given to the agent to act on be?half of the principal.

Question 12

A principal cannot be held liable for an agent's crime.

Question 13

A principal is liable for any harm caused by his or her agent's tort.

Question 14

An agency agreement must be in writing.

Question 15

An employee may act in the capacity of an agent.

Question 16

To recover workers' compensation, an employee must prove that an injury was the fault of the employer.

Question 17

All employees are entitled to overtime pay.

Question 18

An agency agreement can be implied by conduct.

Question 19

If an agent acts within the scope of authority, an undis?closed principal is liable to a third party for contracts made by the agent.

Question 20

If an agent acts within the scope of authority, a disclosed prin?cipal is li?able to a third party for contracts made by the agent.

Question 21

Fact Pattern 15-1 (Questions 1-3 apply)
Roz and Sara work as clerks in Trina's Nu Clothes Shop. Trina withholds fed?eral taxes from their pay, and controls the methods and details of the perform?ance of their work. Roz and Sara are not au?thorized to modify the prices or other terms of a sale at the shop.
Refer to Fact Pattern 15-1. At the shop, Roz and Sara are

A) independent contractors.
B) not Trina's agents or employees, or independent contractors.
C) Trina's agents and employees.
D) Trina's employees only.

Question 22

Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment.

Question 23

Good faith is not a defense to a charge that an employer fails to possess certain paperwork with respect to its employees.

Question 24

An employer may hire an illegal immigrant if the employer files a special form.

Question 25

The law guarantees union members higher wages than nonunion workers.

Question 26

An employer may not hire permanent substitute workers to replace strikers.

Question 27

Fact Pattern 15-1 (Questions 1-3 apply)
Roz and Sara work as clerks in Trina's Nu Clothes Shop. Trina withholds fed?eral taxes from their pay, and controls the methods and details of the perform?ance of their work. Roz and Sara are not au?thorized to modify the prices or other terms of a sale at the shop.
Refer to Fact Pattern 15-1. Trina hires Unity Cleaning Company to clean the carpets of her shop. Trina gives Unity instructions as to what needs to be cleaned and when. Unity is

A) an independent contractor.
B) not Trina's agent or employee, or an independent contractor.
C) Trina's agent and employee.
D) Trina's employee only.

Question 28

Unions must report on their activities to their members.

Question 29

Fact Pattern 15-1 (Questions 1-3 apply)
Roz and Sara work as clerks in Trina's Nu Clothes Shop. Trina withholds fed?eral taxes from their pay, and controls the methods and details of the perform?ance of their work. Roz and Sara are not au?thorized to modify the prices or other terms of a sale at the shop.
Refer to Fact Pattern 15-1. Trina authorizes Roz to sell clothes at remote lo?cations at prices that Liz negotiates in those locations. With respect to sales at those locations, Roz is

A) an independent contractor.
B) not Trina's agent or employee, or an independent contractor.
C) Trina's agent and employee.
D) Trina's employee only.

Question 30

Requiring union membership as a condition of continued employment is illegal in twenty-three states.

Question 31

A company seeking to hire a noncitizen worker may do so if the worker is "self-authorized."

Question 32

Employers who provide pension plans for retired workers must comply with certain standards in how the pension funds are invested.

Question 33

To hire noncitizen workers from other countries, an employer must first complete a labor certification process.

Question 34

An employee is the party legally responsible for any problems in verifying his or her identity and eligibility to work in the United States.

Question 35

An employer can refuse to bargain collectively with an elected employee representative.

Question 36

Certain employers must provide their employees with up to twelve weeks of family or medical leave during any twelve-month period.

Question 37

Generally, an employer's monitoring of electronic commu?nications in the workplace does not violate employees' privacy rights.

Question 38

Dan, an agent for Eve, signs an agreement with Fred on Eve's behalf but ne?glects to tell Eve that the agreement requires the payment of a certain tax. The government prosecutes Eve for failing to pay the tax. Eve is

A) liable, because Dan's knowledge is imputed to Eve.
B) liable, because Fred's knowledge is imputed to Eve.
C) not liable, because Dan did not tell Eve about the tax.
D) not liable, because Fred did not tell Eve about the tax.

Question 39

KupaJava hires Lila to manage one of its seven drive-through coffee stands. KupaJava agrees to pay Lila a salary, plus commission. KupaJava stipulates the standards that should be observed, the goals that should be attained, and the methods that should be used. Lila

A) is an employee.
B) is an independent contractor.
C) is a principal.
D) creates copyrighted "work for hire."

Question 40

In general, the state governments enforce the current immigration laws.

Question 41

Neighborly Insurance Company and Ollie put their agency agreement into a written document that describes the rights and duties of both parties. Ollie, as the agent, has

A) apparent authority.
B) equal authority.
C) express authority.
D) implied authority.

Question 42

Hoppy, who works as an employee for Imperial Power Corporation, suf?fers an injury in an accident. Hoppy may be compen?sated under state work?ers' compensation laws

A) only if the injury occurred during working hours.
B) only if the injury occurred off the job.
C) only if the injury occurred on the job.
D) whenever and wherever the injury occurred.

Question 43

Machine Operations, Inc. (MO) employs four hundred workers at three locations in three states. Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who

A) are fired for gross misconduct.
B) are laid off for budgetary reasons.
C) have their hours decreased from full-time to part-time.
D) quit their jobs voluntarily.

Question 44

Prospective Enterprises (PE) employs Quinn to buy property for a possible com?mercial development. Quinn secretly buys some of the property and sells it to PE at a profit. Quinn has breached

A) no duty.
B) the duty of accounting.
C) the duty of loyalty.
D) the duty of notification.

Question 45

Carol hires Dick to act as her agent in the purchase of an office building. Carol does not want the seller to know that she is the buyer, so she asks Dick to represent that he is buying the building for himself. Carol is

A) a disclosed principal.
B) an independent contractor.
C) an undisclosed principal.
D) a partially disclosed principal.

Question 46

Based on Bluto's conduct, Cass reasonably believes that Dee has the authority to act on Bluto's behalf even though Dee does not have the actual authority to do so. Cass makes a payment to Dee for Bluto. Dee absconds with the funds. Bluto

A) can demand that Cass make a repayment directly to Bluto.
B) can obtain damages from Cass for Dee's misconduct.
C) may be estopped from denying that Dee had authority.
D) must repudiate Dee's misconduct to avoid liability.

Question 47

Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

A) eight hours in a day.
B) forty hours in a week.
C) 160 hours in a month.
D) one year for the same employer.

Question 48

Holly takes temporary leave from her job at Interstate Trucking Company to care for her new baby. When she attempts to return to work, Interstate refuses to reinstate her. Under the Family and Medical Leave Act, Holly may be entitled to

A) damages only.
B) damages or job reinstatement only.
C) double damages, job reinstatement, a promotion, and more.
D) nothing.

Question 49

Stix & Stonz Corporation (S&S) employs Teri as an agent. S&S gives her an exclusive territory in which to sell S&S products. S&S cannot compete with her in that territory under the duty of

A) compensation.
B) cooperation.
C) indemnification.
D) reimbursement.

Question 50

Bunky is seventeen years old. Under the Fair Labor Standards Act, Bunky cannot work

A) during school hours.
B) in a hazardous occupation.
C) more than eighteen hours per week.
D) without a special permit.

Question 51

Lyn may hire employees to work in the Main St. Computer Store that she manages de?spite the fact that her employment agreement with Main St. says noth?ing about her being able to hire employees. This is

A) apparent authority.
B) equal authority.
C) express authority.
D) implied authority.

Question 52

Eve hires Frank to do some remodeling work in her office. The relation?ship be?tween Eve and Frank is client and independent contractor. While working, Frank drops a tool on Gary, Eve's customer, causing an injury. Eve is

A) liable to Gary because he was injured on Eve's property.
B) liable to Gary unless Frank's act is intentional.
C) not liable because Frank is an independent contractor.
D) not liable to Gary because Frank is Eve's employee.

Question 53

Jay holds himself out as possessing special accounting skills. As an agent, he must exercise the degree of skill or care expected of

A) a person having those skills.
B) an average, unskilled person.
C) a reasonable person.
D) the principal.

Question 54

Clu serves in a representative capacity for Digger. Elmo is injured through Clu's negligence. Digger may be liable to Elmo if Clu's conduct occurred

A) due to a propensity Digger was not and could not have been aware of.
B) during normal working hours.
C) in the course and scope of Clu's employment.
D) outside the parties' employment relationship.

Question 55

Dolly is a businessperson acting as an agent for Elm Woods, Inc. In an ordinary business situation, Dolly

A) can contract on Elm's behalf without further authority or ratification.
B) cannot contract on Elm's behalf.
C) must obtain written authority to enter into a contract on Elm's behalf.
D) must obtain ratification of a contract entered into on Elm's behalf.

Question 56

Heavy Hydraulics Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep oc?cu?pational injury and illness records for each employee if the employers have

A) eleven or more employees.
B) twenty-one or more employees.
C) thirty-one or more employees.
D) fifty-one or more employees.

Question 57

Picabo drives a truck as an employee for Quik Delivery, Inc. Picabo would most likely be considered to be acting outside the scope of her employment if she

A) crashed into a car at the airport while off duty.
B) hit a pedestrian in a parking lot during a "working" lunch.
C) ran over an attendant at a gas station while refueling the truck.
D) smashed into a store-front while intoxicated on-duty.

Question 58

Geoff is hired by Huck to serve as his agent. To carry out the duties of this position, Geoff has authority that is implied

A) by contradiction.
B) by custom.
C) by lack of reason.
D) under no circumstances.

Question 59

Quick Supplies Company (QSC) requires its customers to pay by check. Ron, a QSC driver, tells customers on his route that they can pay him with cash. When QSC learns of Ron's collections, it takes no action to stop it. Ron steals some of the cash. QSC may suffer the loss under Ron's

A) apparent authority.
B) equal authority.
C) express authority.
D) implied authority.

Question 60

Eduardo is an employee of Free-Flo Plumbing Corporation. With respect to the workplace, under federal health and safety statutes, Free-Flo has

A) a general duty to keep it safe and to meet specific standards.
B) no general duty to keep it safe but must meet specific standards.
C) no general duty to keep it safe or to meet specific standards.
D) only a general duty to keep it safe.

Question 61

Lee works as an employee for Maximum Industries, Inc., a private em?ployer. Maximum announces that it will start random drug testing of its employees. If Lee resists this policy, he may look for protection under

A) a federal administrative agency rule.
B) state law.
C) the U.S. Constitution.
D) all of the choices.

Question 62

Boz, a clerk for a Cheezy Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Boz must be given his job back if there is still work at the restaurant and the strike was

A) a lawful economic strike.
B) an "excuse" for a few days off.
C) an unustified strike.
D) an unlawful "practice" strike.

Question 63

Restaurant Employees Union is engaged in collective bargaining with Seaside Seafood Dining, Inc. The employer would show bad faith by

A) compromising on particular issues.
B) constantly shifting positions on disputed contract terms.
C) not discussing union positions with employees.
D) sending only bargainers who have authority to commit to a contract.

Question 64

Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by

A) the employer.
B) the individuals.
C) the individuals' countries of origin.
D) the U.S. Citizenship and Immigration Services.

Question 65

General Auto Corporation, a U.S. employer, may hire Hilo, a noncitizen, if Hilo is

A) a lawful permanent resident of the United States.
B) an unlawful but hopefully permanent resident in the United States.
C) an unlawful but only temporary resident in the United States.
D) any of the choices.

Question 66

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Fruits & Vegetables can hire illegal immigrants

A) if either the employer or the immigrants file special forms.
B) only if the employer files a special form.
C) only if the immigrants file special forms.
D) under no circumstances.

Question 67

BioGene Corporation learns that several employees are attempting to persuade other employees to support a union as their representative. BioGene may

A) discharge the unionizers after a union election.
B) discharge the unionizers before a union election.
C) discipline employees who accept pamphlets from, or listen to, the unionizers.
D) limit union solicitation on BioGene's premises.

Question 68

Gus is an employee of Harden Steel Company. Under federal labor law, Gus and other employees have the right to

A) bargain collectively with Harden through their representatives.
B) insist that Harden require union membership as a condition of work.
C) interfere with the efforts of others to form labor organizations.
D) refuse to bargain with Harden through their representatives.

Question 69

Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work Can the company hire a noncitizen with special skills for certain jobs If so, what procedures must the employer follow in both situations to do this hiring If not, how can Healthy Harvest be assured that it is hiring only citizens

Question 70

Herschel contracts with Ivy to buy a certain coffee shop, Java Jive, for Ivy, who asks Herschel not to reveal her identity. Herschel makes a deal with Kendal, the owner of the restaurant, and makes a down payment. Ivy fails to pay the rest of the price, and does not pay Herschel for his services. Does Herschel have any recourse against Ivy If so, on what basis and to what extent

Question 71

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision

A) excluding contractors and day workers.
B) excluding contractors but including day workers.
C) excluding day workers but including contractors.
D) including contractors and day workers.

Question 72

Detailed Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is

A) a "person of ethnic similarity to the employer's workforce."
B) a "person of extraordinary ability."
C) a "person of ordinary ability and ambition."
D) a "person with an extraordinary work ethic."