Chapter 16- Employment and Labor

Question 1

Agency

Answer 1

A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).

Question 2

Agent

Answer 2

A person authorized by another to act for or in place of him or her.

Question 3

Authorization Card

Answer 3

A card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management.

Question 4

Closed Shop

Answer 4

A firm that requires union membership by its workers as a condition of employment. The closed shop was made illegal by the Labor-Management Relations Act of 1947.

Question 5

Collective Bargaining

Answer 5

The process by which labor and management negotiate the terms and conditions of employment.

Question 6

Disclosed Principal

Answer 6

A principal whose identity is known to a third party at the time the agent makes a contract with the third party.

Question 7

Employment at Will

Answer 7

A common law doctrine under which either party may terminate an employment relationship at any time for any reason.

Question 8

I-551 Alien Registration Receipt

Answer 8

A document, commonly known as a “green card,” that shows that a foreign-born individual has been lawfully admitted for permanent residency in the United States.

Question 9

I-9 Verification

Answer 9

The process of verifying the employment eligibility and identity of a new worker.

Question 10

Independent Contractor

Answer 10

One who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but may be an agent.

Question 11

Lockout

Answer 11

An employer’s act of shutting down the business to prevent employees from working.

Question 12

Minimum Wage

Answer 12

The lowest hourly wage that an employer may pay a worker.

Question 13

Partially Disclosed Principal

Answer 13

A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract.

Question 14

Principal

Answer 14

A person who, by agreement or otherwise, authorizes an agent to act on his or her behalf in such a way that the acts of the agent become binding on the principal.

Question 15

Ratification

Answer 15

The act of accepting and giving legal force to an obligation that previously was not enforceable.

Question 16

Respondeat Superior

Answer 16

A principle of law whereby a principal or an employer is held liable for the wrongful acts committed by agents or employees acting within the scope of their agency or employment.

Question 17

Right-to-Work Law

Answer 17

A state law providing that employees may not be required to join a union as a condition of retaining employment.

Question 18

Strike

Answer 18

An action undertaken by unionized workers when collective bargaining fails. The workers leave their jobs, refuse to work, and (typically) picket the employer’s workplace.

Question 19

Undisclosed Principal

Answer 19

A principal whose identity is unknown by a third person, and the third person has no knowledge that the agent is acting for a principal at the time the agent and the third person form a contract.

Question 20

Union Shop

Answer 20

A firm that requires all workers, once employed, to become union members within a specified period of time as a condition of their continued employment.

Question 21

Vesting

Answer 21

The creation of an absolute or unconditional right or power.

Question 22

Vicarious Liability

Answer 22

Legal responsibility placed on one person for the acts of another.

Question 23

Workers’ Compensation Laws

Answer 23

State statutes establishing an administrative procedure for compensating workers for injuries that arise out of—or in the course of—their employment, regardless of fault.

Question 24

When determining whether a worker is an employee or an independent contractor, a key element to consider is:

Answer 24

the extent to which the employer controls the actions of the worker

Question 25

Which of the following is not a duty of an agent?

Answer 25

Payment

Question 26

When a principal causes a third party to reasonably believe an agent has authority to act on the principal’s behalf, even if the agent does not have such authority, this is known as:

Answer 26

apparent authority

Question 27

The Fair Labor Standards Act (FLSA) did not do which of the following?

Answer 27

Restrict the power of federal courts to issue injunctions against unions

Question 28

The Family and Medical Leave Act of 1993 requires employers who have fifty or more employees to provide employees with:

Answer 28

Up to twelve weeks of unpaid family or medical leave during any twelve-month period

Question 29

In cases brought by employees alleging that their privacy has been invaded by e-mail monitoring:

Answer 29

The courts have tended to hold for the employers

Question 30

Which federal law provides workers who have been terminated with continued access to health insurance?

Answer 30

COBRA

Question 31

In order to comply with current immigration laws, employers must verify a new hire’s right to work through completion of

Answer 31

An I-9 Employment Eligibility Form

Question 32

In order to hold an election to unionize a workforce, how many workers must sign authorization cards?

Answer 32

At least 30 percent

Question 33

At the heart of the federal labor laws is the right to

Answer 33

engage in collective bargaining