Employment Law and Agency
I need help with these questions below.
During the collective bargaining process, the union at an industrial plant demanded that management negotiate assurances that the company will not hire any more women to work for the company during the next four years. Must the company negotiate the issue?
A. Yes; it is a mandatory subject of bargaining.
B. Yes; it impacts the terms and working conditions of employment.
C. No; it is an illegal subject of collective bargaining.
D. No; it is a permissive subject of bargaining.
E. None of the above is correct.
Edwin, was retained to purchase a computer system for Bromont, Inc. He was to be paid a set rate for the job, and Bromont exercised no control over the manner in which Edwin did his work. Edwin purchased the system from Computers, Inc. without any mention of Bromont. The system worked well. Nevertheless, Bromont did not pay Computers on a timely basis. Therefore, Edwin paid Computers himself. Edwin asked Bromont for reimbursement, but Bromont refused, claiming that if Edwin had only waited, Computers might have agreed to take less. Is Edwin liable to Computers for the cost of the system?
A. No, because he was an employee.
B. No, because he was an independent contractor.
C. Yes, but only because office equipment is involved.
D. No, because his status was as an agent regardless of whether Computers was aware of that fact.
E. Yes, because he made the purchase from Computers without mention of Bromont.
Growth Corp. now has 12 employees. Which of the following is not true?
A. The Americans with Disabilities Act covers providers of public accommodations as well as employers.
B. Growth is not subject to the requirement to provide reasonable accommodations to his employees.
C. The difficulty of providing accommodation to an employee is not considered in deciding whether or not the accommodation must be provided.
D. Title I of the Americans with Disabilities Act is administered by the Equal Employment Opportunity Commission.
Which of the following is false regarding the employer-employee relationship?
A. The employee is subject to the control of the employer.
B. Generally, all employees are considered to be agents of the employer.
C. Employees who are not legally authorized to enter into contracts binding their employer are nevertheless generally considered agents of the employer.
D. Independent contractors fall under the employer-employee relationship.
E. Employees not legally authorized to interact with third parties are considered agents.
A union represents the employees at Biggie Corp. The union demanded that Biggie negotiate on all sorts of matters that Biggie did not think it should negotiate. Which of the following statements is false regarding these negotiations?
A. Biggie may negotiate obtaining a closed shop.
B. Biggie may refuse to negotiate on closing part of its business.
C. Biggie must negotiate as to wages, hours, and working conditions.
D. Biggie may negotiate on anything it wants to, except illegal items.
Rhonda is the human resources manager at a large company. An employee, Bruce, recently had his face badly scared in an accident and asked for a private office. Rhonda asked him why he needed a private office. Bruce replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he were disabled. Rhonda denied his request explaining to him that he needed a documented physical disability before being covered by the Americans with Disability Act (Act). Which of the following is true regarding Mark's claim under the Americans with Disabilities Act?
A. He is not covered under the Act because, by his own admission, he has no actual physical disability.
B. He will only be covered under the Act if he can establish that he has a documented mental disability due to the belief of others that he is handicapped.
C. He would not be covered under the Act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the Act pertaining to perceptions of disability.
D. He would likely be covered under the Act because he is regarded as having an impairment regardless of whether he actually has any impairment.
E. He would not be covered under the Act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the Act pertaining to perceptions of disability.
A high school student, was not paid the minimum wage and was concerned. Which of the following statements is true?
A. Managerial and professional employees are subject to the minimum wage laws.
B. An employer may pay lower wages if food and lodging are provided to the employee.
C. An employee is entitled to minimum wage only if he works over 40 hours per week.
D. An employee can be paid a wage below the minimum wage if the employee is a student.
E. Both B and D are true.