BSAD 4210 Test 3 | Complete Solutions (Answered)

BSAD 4210 Test 3 | Complete Solutions (Answered) Before the Industrial Revolution, the doctrine of ________ governed the employment relationship in the United States. laissez-faire States usually require employers to purchase ________ from private insurance companies or state funds to cover workers' compensation claims. workers' compensation insurance Which of the following has to be necessarily proved by a claimant pursuing compensation for an injury, under workers' compensation? The claimant was harmed by an employment-related injury. Workers' compensation is a(n) ________ remedy. Exclusive If an employee is injured in an automobile accident while she is driving to an off-premises restaurant during her personal lunch hour, the injury is ________. not covered by workers' compensation What is the employer's advantage in offering workers' compensation? The employer can avoid a lawsuit by an injured worker. In which of these situations can an employee sue an employer to recover employment-related injuries? The employer intentionally injures a worker covered under workers' compensation. The ________ is federal act enacted in 1970 that promotes safety in the workplace. OSHA According to the Department of Labor, children under the age of 14 can only be employed as ________. newspaper deliverers Which of the following is true of minimum wages in the United States? States can enact laws that set minimum wages higher than the federal minimum wage. Overtime pay is ________ times that of the regular pay of an employee. one and a half Jerry is employed by U.S.-based Iconic Systems. His work hours per week for the month of January were 40 hours the first week, 30 hours the second week, 50 hours the third week, and 45 hours the fourth week. According to the FSLA, how many hours of overtime pay is Jerry entitled to at the end of January? 15 Who among the following is exempt from federal minimum wage requirement? Tsun, a software applications developer Chapter 24 In 1935, John L. Lewis formed the ________, which permitted semiskilled and unskilled workers to be its members. Congress of Industrial Organizations The Labor Management Relations Act of 1947 is also known as the ________ Act. Taft-Hartley A group of employees that a union is seeking to represent is known as a(n) ________. appropriate bargaining unit Which of the following gives employees the right to join together to form a union? Section 7 of the NLRA A(n) ________ election can be held without NLRB supervision. Consent A certain organization's employees want a union to represent their rights, a request that has been approved by the employer. All the employees live in the employees' quarters in the building adjacent to the place of work. In order for a union to be established, solicitation must be carried out by these employees. Which of the following is true of this situation? Union solicitation cannot be carried out by the managerial department of the corporation. Which of the following is a compulsory subject during collective bargaining? health benefits Under a(n) ________ agreement, an employer agrees to hire only employees who are already members of a union. closed shop Which of the following is an illegal strike? sit-down strike at the employer's premises Which of the following best describes a wild-cat strike? Individual union members go on strike without proper union authorization. If an employer reasonably anticipates a strike by some of its employees, it may legally arrange a(n) ________ to prevent these employees from entering the work premise. employer lockout Once a strike begins, the employer may continue operations by ________ to take the place of the striking employees. hiring replacement workers What legal course of action is available to a corporation if its employees go on strike without any notice? dismiss the striking employees Chapter 25 The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws. EEOC Which of the following is true of the right to sue letter issued by the EEOC? It is issued when the EEOC does not find a violation. Gloria's employer deducted 20 percent of her pay in the month of January due to personal problems he had with her. Under the Lilly Ledbetter Fair Pay Act, what period of time does Gloria have to file an employment discrimination claim? within the month of July the same year The ________ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion. Fair Employment Practices Act Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964? It does not apply to Native American tribes. ________ 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 A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company which hires a nonminority applicant for the position. The minority applicant can sue under ________. Title VII of the Civil Rights Act Which of the following is true of employment discriminations defined under Title VII? Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class. Which of the following is an instance of disparate-treatment discrimination? Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage. If a company does not hire certain employees because of their accents, it has carried out ________ discrimination. national origin Lila Miller who works for a large software firm is four-months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario? Lila's employer has violated Title VII of the Civil Rights Act of 1964. Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the work place? The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer. An employee who believes that he or she is being sexually harassed has a duty to report the harassment to the ________. Employer Which of the following is true of sexual harassment? Sending offensive e-mail is considered sexual harassment. Chapter 26 Which of the following is true of a sole proprietorship? Creditors can recover claims against the business from the sole proprietor's personal assets. Which of the following is true of a business operating under sole proprietorship? It is not considered a separate legal entity. The sole proprietor has ________ liability. unlimited personal Why does a sole proprietorship not pay taxes at the business level? It does not have a separate legal personality. An ordinary partnership is also known as a ________. general partnership An organization or venture must have a ________ motive in order to qualify as a partnership Profit Which of the following is true in the creation of a general partnership? The name selected by the partnership cannot indicate that it is a corporation. ________ refers to the right of a partner to be reimbursed for expenditures incurred on behalf of the partnership. Indemnification Which of the following is a right to which every general partner is entitled? right to return of capital Instead of suing the partnerships or other partners at law, general partners are given the right to bring a(n) ________ against other partners. action for an accounting Which of the following is true of tort liability of a general partnership? A partner can be sued even if he or she did not participate in the commission of the tort. A(n) ________ is a partnership created with no fixed duration. partnership at will ________ is a situation in which a partner withdraws from a partnership without having the right to do so at that time. Wrongful dissolution Limited partnerships are also known as ________. special partnerships Which of the following partners in a limited partnership invest capital, manage the business, and are personally liable for partnership debts? general partners Which of the following is true of general and limited partners in a limited partnership? Limited partners are not personally liable for partnership debts beyond their capital contributions. Which of the following is true of a limited partnership? Corporations are allowed to become partners in a limited partnership. A limited partnership is formed when the ________ is filed. certificate of limited partnership Which of the following governs a limited partnership, its internal affairs, and the liability of its limited partners? the law of the state in which it is organized A limited partnership that was organized in Alabama and operating in Texas with no operations outside the U.S. is considered a ________ in Texas. foreign limited partnership In which of the following cases can the name of a limited partnership include the surname of a limited partner? the name is also the surname of a general partner ________ is said to have occurred if a certificate of limited partnership was not properly filed. Defective formation Partners who erroneously but in good faith believe they have become limited partners can escape liability as general partners by ________. withdrawing from any future equity participation in the enterprise A(n) ________ is a document that sets forth the rights and duties of general and limited partners. limited partnership agreement Which of the following is mandatory for the addition of a new limited partner to an existing limited partnership? written consent of all partners New general partners can be admitted only with the ________. specific consent of each partner A ________ is a limited partnership with liquid investment, and whose limited partnership interests are traded on organized securities exchanges such as the New York Stock Exchange. master limited partnership Chapter 28 A(n) ________ is a fictitious legal entity that is created according to statutory requirements. Corporation A panel of persons who are elected by the shareholders that make policy decisions concerning the operation of a corporation is known as ________. board of directors Which of the following can dismiss the existence of a corporation? voluntary termination by shareholder Which of the following elects members of the board of directors for a corporation? shareholders ________ is a general rule of corporate law that provides that generally shareholders are liable only to the extent of their capital contributions for the debts and obligations of their corporation and are not personally liable for the debts and obligations of the corporation. Limited liability of shareholders A corporation that is incorporated in another country is known as a(n) ________. alien corporation Which of the following is a definition of a foreign corporation? A corporation in states other than the one in which it is incorporated. A(n) ________ is a person or persons who organize and start a corporation, negotiate and enter into contracts in advance of its formation, find the initial investors to finance the corporation, and so forth. Promoter Which of the following must be included in an article of incorporation? The number of shares the corporation is authorized to issue. A(n) ________ is a clause that can be included in the articles of incorporation that permits the corporation to engage in any activity permitted by law. general-purpose clause Which of the following is true of corporate bylaws? They do not have to be filed with any government official. Which of the following is true of an S corporation? The corporation can have no more than 100 shareholders. ________ are powers beyond express powers that allow a corporation to accomplish its corporate purpose. Implied powers ________ is a type of equity security that represents the residual value of a corporation. Common stock Stock for which any missed dividend payments must be paid in the future to the preferred shareholders before the common shareholders can receive any dividends are known as ________. cumulative preferred stocks Chapter 29 The ________ Act of 2002 is a federal statute enacted by Congress to improve corporate governance. Sarbanes-Oxley Owners of a corporation who elect the board of directors and vote on fundamental changes in the corporation are known as ________. Shareholders When is the annual shareholder's meeting held? according to the dates fixed in the bylaws The written document submitted by a person who has been authorized by a shareholder to vote the shareholder's shares at the shareholders' meetings in the event of the shareholder's absence is known as ________. proxy card ________ is a system in which each shareholder votes the number of shares he or she owns on candidates for each of the positions open. Straight voting Derrick has 2,000 shares of the Unistone Corporation which is planning to vote for two new directors. Through a special voting provision in the corporation's articles of incorporation, Derrick was able to vote for both his preferred candidates with 2,000 shares, giving him a virtual voting count of 4,000 shares. What voting rule in the articles of incorporation allows Derrick to achieve this? cumulative voting The ________ is a requirement that a greater than majority of shares constitutes a quorum of the vote of the shareholders. supramajority voting An arrangement in which the shareholders transfer their stock certificates to a trustee who is empowered to vote the shares is known as ________. voting trust A ________ is an agreement that requires a selling shareholder to offer his or her shares for sale to the other parties to the agreement before selling them to anyone else. right of first refusal Which of the following is true of stock dividends? They are additional stocks distributed as dividends. Chapter 30 Section 14(a) of the Securities Exchange Act gives the SEC the authority to regulate ________. the solicitation of proxies by a corporation The federal proxy rules promote ________ during proxy solicitation. full disclosure of the proxy