Question 1

Mark is Nora's agent. Despite ethical concerns, Mark's legal duties to Nora do not include&#10;A) compensation.&#10;B) cooperation.&#10;C) loyalty.&#10;D) reimbursement.

Accepted Answer

C

Question 2

Olin is an employee of Pharmaceutical Sales, Inc. To determine whether Olin is exempt from federal overtime-pay requirements, the regulations apply&#10;A) a job-title test.&#10;B) a primary duty test.&#10;C) a willingness-to-sue test.&#10;D) a work location test.

Accepted Answer

The primary duty test is used to determine whether an employee is exempt from federal overtime-pay requirements. This test looks at the employee's actual job duties and responsibilities, rather than their job title or where they work. Therefore, it is the most appropriate choice for determining whether Olin is exempt from overtime requirements as a pharmaceutical sales employee. The other choices are not relevant to determining overtime exemption status.

Question 3

Dolph is an employee of Enterprise Company. On Enterprise's behalf, Dolph negotiates a deal with Finagle Corporation to defraud the federal government. Later, Dolph reveals the fraud to the government and asks for a percentage of the funds recovered payable under a certain whistleblower statute. The best argument in favor of paying Dolph is that it would

A) curtail the benefits to others who participated in the fraud.
B) encourage other employees to report their employers' wrongdoing.
C) give Congress an incentive to repeal whistleblower reward laws.
D) motivate others to engage in wrongful acts.

B

Accepted Answer

Paying Dolph a percentage of the funds recovered would encourage other employees to report their employers' wrongdoing. This would create a culture of accountability and potentially deter future fraudulent activities within the company, as employees would be incentivized to report any unlawful behavior. Additionally, it would show that the employer takes wrongdoing seriously and wants to rectify any wrongful actions. Choosing any of the other options would have negative consequences, such as discouraging whistleblowers or incentivizing wrongful acts.

Question 4

Tom works for United Personnel Services. Reasons for holding United liable under the doctrine of respondeat superior for Tom's tort injuring Vicky do not include the employer's&#10;A) ability to afford Vicky more effective relief.&#10;B) ability to pay for Vicky's injury.&#10;C) control over Tom.&#10;D) guilt or innocence.

Accepted Answer

The doctrine of respondeat superior holds an employer liable for the torts committed by their employee within the scope of their employment, regardless of the employer's guilt or innocence. The other options, such as control over Tom and ability to pay for Vicky's injury, are relevant factors in determining United's liability under this doctrine. However, the ability to afford Vicky more effective relief is not a factor in the application of the respondeat superior doctrine.

Question 5

Ghani is Huey's agent. Ethically, Ghani cannot&#10;A) disclose Ghani's interest in property that Huey is buying.&#10;B) exhibit loyalty to Huey.&#10;C) profit from the agency relationship, even with Huey's consent.&#10;D) represent Ilya in a transaction with Huey.

Accepted Answer

The answer of Ghani is Huey's agent. Ethically, Ghani cannot&#10;A)...

Question 6

Staffing Solutions Corporation searches the Internet, especially social networking sites, for information on its job applicants, including Tab. Tab's best argument against such a search is that it might reveal information

A) others would regard as creating a hostile environment.
B) Staffing Solutions could not legally ask a job applicant to reveal.
C) Staffing Solutions would regard as potentially negative.
D) Tab would prefer to keep private.

Accepted Answer

Staffing Solutions could potentially uncover information that they are not legally allowed to ask about during the hiring process, such as age, race, religion, or other protected characteristics, which could lead to discrimination claims.

Question 7

Sid is an employee of Tite Financial Accounting Services, Inc. Sid uses his workplace computer to view sexually explicit photos. This most likely creates a hostile environment&#10;A) if other employees can see the photos.&#10;B) if Tite decides to limit its employees' expectations of privacy at work.&#10;C) under any circumstances.&#10;D) under no circumstances.

Accepted Answer

Sid's viewing of sexually explicit photos on his workplace computer creates a hostile environment if other employees can see the photos, as it can be considered sexual harassment. The presence of such images can make other employees feel uncomfortable, intimidated, or offended, and can negatively impact their ability to work in a professional and respectful environment. This can violate Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, including sexual harassment. Therefore, employers have the responsibility to ensure that their work environment is free from harassment, including inappropriate material that can create a hostile work environment.

Question 8

Raul is an employee of Software Applications Corporation. Raul is most likely to be exempt from federal overtime-pay requirements if his primary job duty involves&#10;A) discretion and independent judgment.&#10;B) no advanced knowledge or specialized instructions.&#10;C) no discretion or independent judgment.&#10;D) telecommuting.

Accepted Answer

Exemption from federal overtime-pay requirements is generally based on the primary job duties of the employee. The primary job duty of discretion and independent judgment is one of the primary criteria for the exemption from overtime-pay requirements under the Fair Labor Standards Act (FLSA). Therefore, Raul is likely to be exempt from federal overtime-pay requirements if his primary job duty involves discretion and independent judgment.

Deck 59: Employment Law and Ethics