Exam 21: Employment Laws

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In the context of tort liability,which of the following rules indicates that a principal escapes liability when the agent's actions are outside the scope of employment?

(Multiple Choice)
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Jack works as a mechanic in No Limits Inc.,an automobile manufacturing company.While employed as a service technician for the defendant,Jack suffered back injuries in March 2005 and April 2005.Though he applied for leave,he did not undergo any medical treatment and did not provide an injury report in writing.Jack was absent through the month of June,calling in sick each day without providing any other information and not seeking medical treatment during this time.As Jack had exhausted his available sick leave and vacation leave,he was terminated when he returned to work on July 3,2005.Can Jack sue his former employer for violating the Family and Medical Leave Act (FMLA)by failing to reinstate him in the company?

(Essay)
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Flora has been working at Abacrux Inc.for four-and-a-half years.Her pension plan will vest at her five-year work anniversary.She has had great performance evaluations and has received regular raises and promotions.The internal finance department has determined that cost cutting is needed to keep the company profitable.They recommend that Flora be fired before her pension vests and becomes a permanent liability against the corporation.According to the ______ they cannot fire her to prevent her from getting vested pension rights.

(Multiple Choice)
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Jackson Inc.produces parts for air conditioning units such as dryers and accumulators.It uses highly toxic chemicals like potassium hydroxide and isoparaffinic hydrocarbon in its operations.The plant has not attached hazardous warning labels on the tanks where these chemicals are stored.It does not provide the workers with protective body or eye gear.Moreover,the exit doors and routes in the plant are blocked.Which law does Jackson violate?

(Essay)
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The Worker Adjustment and Retraining Notification (WARN)Act requires that employers give employees prior notice of plant closings or mass layoffs.

(True/False)
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The Worker Adjustment and Retraining Notification (WARN)notice is required of employers with:

(Multiple Choice)
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The Health Insurance Portability and Accountability Act

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The purpose of the Social Security Act is to provide

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Under federal law,private employers generally are permitted to use lie detector tests while screening job applicants.

(True/False)
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Describe a trading partnership and a nontrading partnership.

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What are the provisions of the Internal Revenue Service (IRS)Whistleblowers Rewards Program?

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What is the purpose and jurisdiction of the Occupational Safety and Health Administration (OSHA)?

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According to the tort doctrine of ______,any time an employee is liable for tortious acts in the scope of employment,the employer is also liable.

(Multiple Choice)
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If an employee's tips combined with the cash wage is inconsistent with the minimum hourly wage,______.

(Multiple Choice)
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Which of the following statements is true of partners in a nontrading partnership?

(Multiple Choice)
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Public employees are protected from some drug testing by the ______ Amendment's prohibition against unreasonable searches.

(Multiple Choice)
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Martin was injured in an accident that involved his car and his neighbor Harry's car.Martin had been driving at night without lights.He decided to sue Harry.Harry claimed that Martin's failure to use headlights resulted in the accident.Is there any provision under the common law that can justify Harry's claim?

(Essay)
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What is the exclusive remedy rule?

(Essay)
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In agency law,to accomplish the establishment of a new principal-third party relationship,agents

(Multiple Choice)
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Which of the following statements holds true for a Worker Adjustment and Retraining Notification (WARN)notice in cases involving the sale of a business?

(Multiple Choice)
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