BSA Law Final Exam

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

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49 Terms

1

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

At Will Employee

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2

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

False

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3

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

True

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4

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

Workers Comp

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5

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

He cannot sue his company for the same injury.

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6

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

False

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7

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

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8

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.

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9

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

True

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10

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

True

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11

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

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12

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

FMLA

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13

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)

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14

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

ERISA

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15

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

True

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16

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

True

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17

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

True

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18

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

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19

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

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20

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

True

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21

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

True

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22

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

Health Benefits

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23

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

True

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24

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

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25

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

True

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26

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

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27

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

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28

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

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29

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

180

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30

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

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31

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

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32

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

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33

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

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34

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

True

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35

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

Sole Proprietorship

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36

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

Unlimited Personal

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37

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

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38

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

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39

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

False

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40

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

General and Limited Partners

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41

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

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42

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

True

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43

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

Corporation

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44

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

In Perpetuity

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45

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

True

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46

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

False

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47

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

Publicly held corporations

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48

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

Domestic

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49

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

Nolo Contendere

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