chapters 14-21
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Questions and Answers

What must a producer do before manufacturing or importing a new chemical substance under the Toxic Substances Control Act?

  • Conduct market research on the chemical
  • Provide the EPA notice at least 90 days prior (correct)
  • Obtain a scientific study on the chemical
  • Register the chemical with the FDA

    • Which act requires pesticide registration before a product can be sold?

  • Federal Insecticide, Fungicide, and Rodenticide Act (correct)
  • Resource Conservation and Recovery Act
  • Comprehensive Environmental Response, Compensation, and Liability Act
  • Endangered Species Act

    • What does the Resource Conservation and Recovery Act empower the EPA to regulate?

  • The production of new chemicals
  • Hazardous waste treatment, storage, and disposal sites (correct)
  • The identification of endangered species
  • The sale of pesticides and insecticides

    • Under which act does the EPA have the authority to clean up abandoned hazardous waste sites?

    <p>Comprehensive Environmental Response, Compensation, and Liability Act</p> Signup and view all the answers

    Who has the primary responsibility for identifying threatened and endangered species under the Endangered Species Act?

    <p>U.S. Fish and Wildlife Service</p> Signup and view all the answers

    What can an employee do if fired in violation of public policy?

    <p>Sue for wrongful discharge</p> Signup and view all the answers

    Which federal law requires employers to provide a safe workplace?

    <p>Occupational Safety and Health Act</p> Signup and view all the answers

    What must an employee prove to state a worker’s compensation claim?

    <p>That the injury arose during employment</p> Signup and view all the answers

    What type of employers does the FMLA apply to?

    <p>Employers with 50 or more employees</p> Signup and view all the answers

    Who is responsible for enforcing workplace health and safety regulations?

    <p>Occupational Safety and Health Administration</p> Signup and view all the answers

    Why are employers immune from tort lawsuits for on-the-job accidents in most states?

    <p>Workers' compensation laws exist</p> Signup and view all the answers

    What is the maximum unpaid leave an employee can take under the FMLA?

    <p>12 weeks</p> Signup and view all the answers

    In the case of the certified nursing assistant, why was she not eligible for workers’ compensation?

    <p>She was classified as an independent contractor</p> Signup and view all the answers

    What is the primary legal implication of employee handbooks in employment relationships?

    <p>They can create implied or express contracts that limit at-will employment.</p> Signup and view all the answers

    Which of the following remedies is available for unlawful termination or denial of employment due to discrimination?

    <p>Reinstatement or hiring</p> Signup and view all the answers

    Under what condition can an employer be held liable for the torts of an employee?

    <p>If the tort was authorized or occurred within the scope of employment.</p> Signup and view all the answers

    What does the doctrine of respondeat superior primarily address?

    <p>An employer's liability for torts committed by employees within the scope of employment.</p> Signup and view all the answers

    What is the minimum number of employees an employer must have for the Age Discrimination in Employment Act (ADEA) to apply?

    <p>20</p> Signup and view all the answers

    Which of the following accurately describes a bona fide occupational qualification?

    <p>A defense against disparate impact lawsuits</p> Signup and view all the answers

    What is one reason for conducting background checks on potential employees?

    <p>To reduce the risk of negligent hiring liability.</p> Signup and view all the answers

    Under the Americans with Disabilities Act (ADA), which of the following must a plaintiff prove to establish a prima facie case?

    <p>The employer refused to provide reasonable accommodations</p> Signup and view all the answers

    Which of the following is NOT an exception to at-will employment?

    <p>Being fired for taking a sick day.</p> Signup and view all the answers

    Which concept allows employees to challenge the legality of noncompete agreements?

    <p>Public Policy</p> Signup and view all the answers

    What type of damages can be awarded for emotional distress due to discrimination?

    <p>Compensatory damages</p> Signup and view all the answers

    What are punitive damages capped at under federal law depending on the employer's size?

    <p>$50,000 to $300,000</p> Signup and view all the answers

    What has the Federal Trade Commission recently ruled regarding noncompete agreements?

    <p>They are banned nationwide for the majority of workers.</p> Signup and view all the answers

    Which of the following is NOT a criterion for defining a person with a disability under the ADA?

    <p>Has displayed exceptional job performance</p> Signup and view all the answers

    What might imply an employer-employee contract limit on at-will employment?

    <p>Content specified in an employee handbook.</p> Signup and view all the answers

    Winning defendants in discrimination cases typically do NOT receive which of the following?

    <p>Attorneys' fees</p> Signup and view all the answers

    What must a plaintiff prove in a Disparate Treatment discrimination lawsuit?

    <p>The employer intentionally discriminated against them.</p> Signup and view all the answers

    Which step of the McDonnell-Douglas Test requires the plaintiff to show that they belong to a protected class?

    <p>Establishing a prima facie case of discrimination.</p> Signup and view all the answers

    What is considered constructive discharge?

    <p>An employee quitting due to abusive behavior related to their protected class status.</p> Signup and view all the answers

    Which of the following is NOT a part of proving Disparate Impact?

    <p>Establishing if the employer acted intentionally against a protected class.</p> Signup and view all the answers

    What do employers need to provide to defend against liability from harassment claims?

    <p>Clear, effective policies and procedures.</p> Signup and view all the answers

    What is the primary focus of the Whistleblower Protection Act (WPA)?

    <p>Protecting employees who make complaints about retaliation.</p> Signup and view all the answers

    What must an employer prove to justify a decision-making rule that impacts a protected class differently?

    <p>The rule is justified by business necessity.</p> Signup and view all the answers

    In a Disparate Treatment case, what happens after the plaintiff establishes a prima facie case?

    <p>The employer must provide legitimate, nondiscriminatory reasons for the employment action.</p> Signup and view all the answers

    What happens if 30% or more of employees sign authorization cards?

    <p>The NLRB supervises a representation election.</p> Signup and view all the answers

    What is required of the employer during the union election campaign?

    <p>The employer must refrain from threatening workers.</p> Signup and view all the answers

    What must occur for a union to be granted certification by the NLRB?

    <p>A majority of workers must vote in favor of unionization.</p> Signup and view all the answers

    When can employees call for an election to decertify a union?

    <p>60 to 90 days before the expiration of the collective bargaining agreement.</p> Signup and view all the answers

    What is the primary purpose of collective bargaining?

    <p>To negotiate a contract for employment terms.</p> Signup and view all the answers

    Which of the following is NOT a protection offered by Title VII of the Civil Rights Act?

    <p>Discrimination based on sexual orientation.</p> Signup and view all the answers

    What type of employers does Title VII of the 1964 Civil Rights Act apply to?

    <p>Employers with 15 or more workers.</p> Signup and view all the answers

    What organization is responsible for enforcing Title VII of the Civil Rights Act?

    <p>The Equal Employment Opportunity Commission (EEOC).</p> Signup and view all the answers

    Study Notes

    Agency Relationships

    • An agency is created when a person or company (the agent) agrees to act for or in place of another person or company (the principal).
    • Agents and principals have a scope of authority, and within this scope the agent can bind the principal to contracts with third parties.
    • Real estate agents are a common type of agent.
    • Owners/employers are a common type of principal.

    Types of Agencies

    • Universal Agent: Authorized to do all acts legally permissible for an agent. Usually has a general power of attorney.
    • General Agent: Authorized to handle all transactions connected to a certain business(e.g., running a specific retail store), not only specific ones.
    • Special Agent: Authorized to represent the principal in specific transactions, usually for a limited time.
    • Agency Coupled with an Interest: Agent who takes a financial interest in the transaction or business they represent on behalf of their principal.
    • Gratuitous Agent: Agent who volunteers to act for their principal, without pay.
    • Subagents: Agents authorized by the principal to delegate their authority to other agents.

    Agency Creation

    • Agreement: Written or oral consent between parties for the agency relationship to be formed.
    • Ratification: Agent's actions are ratified or approved by the principal after the fait.
      • Express ratification: Principle clearly signals their consent.
      • Implied ratification: Principle accepts benefits of the agent's actions, knowing they acted on the principal's behalf.
    • Agency by Estoppel: Principle's actions lead a third party to reasonably believe an agency relationship exists.

    Types of Authority

    • Actual Authority (Real Authority): Based on explicit or implicit instructions to act on the behalf of the principal.
    • Express Authority: Oral or written instructions given.
    • Implied Authority: Authority to act reasonably to accomplish tasks explicitly set out in formal instructions.
    • Apparent Authority: Created when a principal, by words or actions, leads a third party to believe an agent has authority to act on the principal's behalf, even if the agent doesn't have explicit authority.

    Duties

    • Principal's Duties to Agent: Cooperate, compensate, reimburse, and indemnify (protect from harm).
    • Agent's Duties to Principal: Loyalty, obedience, performance, reasonable care, accounting, and notification.

    Liability for Contracts

    • Disclosed Principal: Third party knows the identity of the principal. The principal is liable for the contracts.
    • Undisclosed Principal: Third party does not know the identity of the principal. The agent is liable for the contracts, but can seek indemnification.

    Employment Relationships

    • Employer-Independent Contractor: Person contracted to do something for the employer, without the employer controlling how the work is done. Tax obligations (social security and income taxes) are not usually withheld for them.
    • Employer-Employee: A person who works for the employer. Employer controls the work performed. Employer usually withholds tax from employee's pay.
    • Determining whether someone's an independent contractor or employee is based upon the employer's control over the details of their work.
      • Extent of employer's control;
      • Type of work performed;
      • Skill required for the job;
      • Provision of tools/supplies by employer;
      • Duration of the relationship.

    Employment At-Will

    • In common law, either party can terminate an employer-employee relationship at any time for any reason (or no reason), unless it violates an existing contract or exceeds established public policy grounds.
    • Exceptions do exist (in some cases, violations of public policy).

    Employment Contracts

    • Express Contracts: Written or oral agreement between employer and employee for specific employment terms.
    • Implied Contracts: Contracts created through the employer's actions, communications, or statements to the employee. E.G., an employee handbook may imply terms of employment.
    • Implied Covenants of Good Faith and Fair Dealing: Some states recognize employers have an implied duty to act fairly and in good faith in their dealings with employees.

    Principal's Liability for Agents' Torts

    • Employers are generally liable for torts committed by employees within the scope of employment.
    • They are not, however, usually liable for torts committed by employees outside the scope of their employment.
    • This includes negligent or intentional torts committed by the employee in the course of employment..

    Employment Discrimination

    • Title VII: Federal law prohibits discrimination based on race, color, religion, sex, or national origin. Includes sexual harassment, unwelcome sexual advances.
    • Age Discrimination in Employment Act (ADEA): Protects individuals over 40 from employment discrimination.
    • Americans with Disabilities Act (ADA): Prevents discrimination by employers toward people with disabilities in employment.
    • Claims: Employees must follow specified procedures if they believe they've been unjustly fired, or otherwise treated unfairly, because of their protected class.
    • Remedies: Court remedies are a variety of compensatory and punitive damages for violations of discrimination.
    • Public Policy: Refusal to commit an illegal act or exercising a public right.

    Labor Relations and Unions

    • National Labor Relations Board (NLRB): A federal agency that oversees labor relations.
    • Collective Bargaining: Negotiations between employers and unions to establish employment contracts for employees.

    Securities Regulation

    • Securities: Financial instruments (stocks, bonds) for raising capital.
    • Securities Act of 1933: Regulates the public offering of securities.
    • Securities Exchange Act of 1934: Regulates the trading of securities.
    • Registration Statements: Required by the SEC. Detailed info on the offered securities.

    Securities Fraud

    • Rule 10b-5: Prohibits various forms of securities fraud, including material misstatements, omissions, and deceptive schemes.
    • Insider Trading: Illegal practice of buying or selling securities based upon non-public information.

    Environmental Law

    • Private nuisance: Unreasonable interference with use and enjoyment of property.
    • Public nuisance: Unreasonable interference with rights of public members.
    • Trespass: Unauthorized entry onto another person's property.
    • Strict liability for abnormally dangerous activities: Liability for harm to others from dangerous activities, despite due care given.
    • Environmental statutes: EPA regulates air and water pollution. Acts include the Clean Air Act, the Clean Water Act, and the Toxic Substances Control Act. Enforcement can include cease and desist orders, fines, and damages.

    Endangered Species Act

    • Protects endangered plant and animal species, and their habitats.
    • Prohibits actions that could destroy or modify habitats.
    • Federal agencies like the U.S. Fish and Wildlife Service are important for compliance.

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    Agency and Employment Relationship PDF

    Description

    Explore the fundamental concepts of agency relationships, including the roles of agents and principals. This quiz covers various types of agency, such as universal, general, and special agents, along with their distinct characteristics and legal implications. Test your understanding of how these agencies operate in real-world scenarios.

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