BSA Law Final Exam

Which of the following employees has no claim for damages for termination

Which of the following employees has no claim for damages for termination

At Will Employee

T/F An at-will employee may be terminated for cause, but if the employer cannot show cause, the termination is illegal.

False

Regarding the statutory exception to at-will termination, employees cannot be discharged because of their race, gender, or age.

True

Which of the following is insurance that employers obtain and purchase from private insurance companies or from government-sponsored programs?

Workers Comp

Which of the following is correct regarding a worker who receives workers' compensation?

He cannot sue his company for the same injury.

T/F Employees are required to purchase workers' compensation insurance from private insurance companies or state funds.

False

T/F For an injury to be compensable under workers' compensation, the claimant must prove that she was harmed by an employment-related injury.

True

Which of the following is correct regarding the Occupational Safety and Health Administration's (OSHA's) general duty standard?

An employer is required to provide a work environment that is free from hazard.

T/F The Fair Labor Standards Act (FLSA) makes it unlawful to ship goods produced by businesses that use oppressive child labor.

True

T/F States can enact minimum wage laws that set minimum wages higher than the federal level.

True

T/F The Fair Labor Standards Act (FLSA) guarantees workers unpaid time off from work for family and medical emergencies and other specified situations.

False

Which Law guarantees workers unpaid time off from work for family and medical emergencies and other specified situations?

FMLA

Which federal law permits employees and their beneficiaries to continue their group health insurance after an employee's employment has ended ?

COBRA (The Consolidated Omnibus Budget Reconciliation Act)

Which of the following is federal legislation designed to prevent fraud and other abuses associated with private pension funds?

ERISA

T/F Vesting occurs when an employee has a non-forfeitable right to receive pension benefits.

True

T/F Labor unions have the right to engage in picketing in support of their positions.

True

T/F The National Labor Relations Board (NLRB) is an administrative body that prevents union members from engaging in illegal labor practices.

True

T/F The National Labor Relations Act (NLRA) establishes the right of employers to terminate the employment of members of unions whose continued picketing hinders the progress of the business.

False

T/F The Taft-Hartley Act gives the United States president the right to seek an injunction against a strike that would create a national emergency.

True

T/F The National Labor Relations Board (NLRB) oversees union elections.

True

A group of employees that a union is seeking to represent is known as a bargaining unit.

True

Which of the following is a compulsory subject during collective bargaining?

Health Benefits

T/F Wages, hours, and other terms and conditions of employment are cumpulsory subjects of collective bargaining.

True

Under which of the following types of union security agreements does an employer promise to hire only employees who are already members of the union?

Closed Shop

T/F Under an agency shop agreement, an employer may hire anyone whether she belongs to a union or not.

True

T/F A place of employment where a worker is not required to join or financially support a union is called an open shop.

True

T/F If a person believes that he has been discriminated against in the workplace, he cannot immediately file a lawsuit against the employer.

True

T/F The Equal Employment Opportunity Commission (EEOC) will issue a right to sue letter to the complainant if it finds a violation upon investigation of the charge.

True

A plaintiff must file a claim against an employer within ? days of the most recent paycheck violation.

180

Which of the following types of discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion?

Disparate Treatment

T/F A success plaintiff in a Title VII court action can recover back pay from an employer but is not allowed to recover attorney's fees.

False

T/F Title VII of the Civil Rights Act was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

True

T/F Punitive damages against an employer in a case involving an employer's malice and reckless indifference to federally protected rights can be awarded through the court system.

True

T/F An entrepreneur is a person who forms and operates a business.

True

Which are the most common form of business organization in the United States?

Sole Proprietorship

What type of liability does a sole proprietor have for the debts and other liabilities of her business?

Unlimited Personal

An association of two (2) or more persons to carry on as co-owners of a business for profit is known as which of the following?

General partnership

T/F A general partnership is an association of two (2) or more persons to carry on as co-owners of a business for profit.

True

T/F A breach of the duty of care by a partner does not constitute negligence.

False

A limited partnership has which of the following types of partners?

General and Limited Partners

Which of the following is correct regarding general and limited partners in a limited partnership?

Limited Partners are not personally liable for partnership debts beyond their capital contributions

T/F The creation of a limited partnership is formal and requires public disclosure.

True

Which of the following is a separate legal entity for most purposes?

Corporation

For how long does a corporation exist unless a specific duration is stated in the corporation's articles of incorporation?

In Perpetuity

T/F Corporation codes regulate the formation, operation, and dissolution of corporations.

True

T/F Shareholders are personally liable for the debt and obligations of a corporation.

False

Which of the following are typically large corporations with thousands of shareholders?

Publicly held corporations

A corporation is which of the following in the state in which it is incorporated?

Domestic

A(n) ________ is a type of plea where the defendant pays a penalty without admission of guilt.

Nolo Contendere