Mgmt 101 3 (3)

Educational level may be a legitimate nondiscriminatory criterion for selection of an employee because it is directly related to the qualifications and skills required for a particular job. Employers have the right to consider an individual's educational background to ensure they have the necessary knowledge and expertise to perform the job effectively. However, age, race, and color are protected characteristics under anti-discrimination laws, and using them as criteria for selection would be considered discriminatory.

The correct answer states that a person can work as an agent for two different people with conflicting interests if the agent discloses this dual representation to both principals and they agree to it. This is based on the equal dignities rule, which allows for such dual agency relationships as long as there is transparency and consent from all parties involved.

All the above options represent individuals who act as agents in their respective roles. Diane, as a shoe salesperson, represents the retail store and acts as their agent in selling their products. Tim, as a real estate broker, represents the real estate company and acts as their agent in facilitating property transactions. Craig, as a telephone marketing employee, represents the company and acts as their agent in promoting their products or services. Therefore, all of them can be considered agents based on their roles and responsibilities.

The explanation for the correct answer is that fixtures are items that are permanently attached to the property and are considered part of the property. In this case, the furnace is permanently installed in the basement with new duct work throughout the building, making it a fixture. However, the washer and dryer can be easily removed without causing any damage to the building, indicating that they are not fixtures.

An agency relationship is a legal relationship where one party (the agent) acts on behalf of another party (the principal). In this relationship, the agent has a fiduciary duty to act in the best interests of the principal. Consent of the parties to act as agent or principal is necessary to establish the agency relationship, and the principal must have control over the agent's conduct. However, consideration, which refers to the exchange of something of value between parties, is not required for an agency relationship to exist.

Maxine is protected under COBRA, which stands for Consolidated Omnibus Budget Reconciliation Act. This act allows individuals who have lost their job and their health insurance coverage to continue their coverage for a certain period of time, in this case, 18 months. However, Maxine is responsible for paying the cost of the coverage herself. COBRA ensures that she has the option to maintain her health insurance, although she will have to bear the financial burden.

Janet can keep the bracelet, but only if she informs her employer, Esday, about the gift and receives their permission to keep it. This is because as an employee, Janet has a fiduciary duty to act in the best interest of her employer and avoid any conflicts of interest. By disclosing the gift and obtaining consent, Janet ensures transparency and avoids any potential accusations of impropriety or personal gain from the agency relationship.

Frank is entitled to the value of his father's interest in the partnership, but not to become a full partner. This means that Frank will receive the financial benefits of his father's share in the partnership, but he will not have the same rights and responsibilities as a full partner. He may not have voting rights or decision-making power within the partnership. However, he will still be entitled to receive his father's share of the profits or assets upon the dissolution of the partnership.

A limited liability company (LLC) is a business form that provides the owners with limited liability, meaning their personal assets are protected from the company's debts and liabilities. LLCs are also taxed as partnerships, allowing the owners to avoid double taxation. This makes the LLC the correct answer as it combines the benefits of limited liability and partnership taxation.

A limited partnership would be the best choice for Jill and Jane because it allows for one partner (Jill) to be active in the business while the other partner (Jane) can be a passive investor. This structure provides limited liability protection for Jane while still allowing Jill to have control and make decisions for the business. A general partnership would require both partners to be actively involved in the business, while a franchise involves a contractual relationship with a larger company. Two sole proprietorships would not provide the desired equal ownership structure.

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The employer is correct. The union must either strike or work—it cannot alternate between working and striking. This is because the employer claims that the union does not have the legal right to engage in a partial strike. If the union chooses to strike, then all employees must walk off the job and cease working. If the union chooses to work, then all employees must continue working without any interruptions. The option of alternating between working and striking is not legally permissible.

The correct answer suggests that the company would only be liable to Roxanne if there is a state statute that prohibits employers from implementing job-related requirements such as the non-smoking policy. This implies that if there is no such statute in place, the company is within their rights to enforce the policy and terminate Roxanne's employment.

The employees of Truan went on strike because Truan refused to bargain in good faith. This indicates that the strike was a result of unfair labor practices. In such cases, the striking workers are usually entitled to get their jobs back once the strike is over, as a means of protecting their rights and ensuring that they are not unfairly penalized for exercising their right to strike. Therefore, the correct answer is that the striking workers are entitled to get their jobs back.

Recording a deed or other real estate transaction serves to put the rest of the world on notice that the transaction occurred between the grantor and the grantee. This means that anyone who may have an interest in the property can be aware of the transfer and cannot claim ignorance of the transaction. It helps to establish the priority of the transaction and protects the rights of the grantee.

The given information suggests that the ownership of the family farm corporation is limited to John, his parents, and three brothers. This indicates that the corporation is closely held, meaning that it is owned by a small number of individuals who are likely family members.

Jim can recover even if he was negligent and violated the employer's rules. This is because workers' compensation is a no-fault system, meaning that employees are generally entitled to receive compensation regardless of their own negligence or violation of company regulations. The purpose of workers' compensation is to provide financial support to employees who are injured on the job, regardless of fault. Therefore, Jim's ability to recover does not depend on his own conduct or adherence to company rules.

Both of the above statements are correct. The union does have a legal right to inspect the financial records of the company to verify its claim of financial inability to pay the proposed wage increase. Additionally, it is considered an unfair labor practice if the employer claims it cannot pay higher wages but refuses to allow the union to inspect its financial records.

A general partnership does not have limited liability, meaning that the partners are personally liable for the debts and obligations of the business. In contrast, a limited liability company, Subchapter "S" corporation, and corporation all offer limited liability protection to their owners. This means that the owners' personal assets are generally protected from the company's debts and liabilities.

The correct answer is win, as the weight requirement is discriminatory and doesn't appear necessary for the requirement of lifting 100 pounds. This is because the weight requirement of 160 pounds for a warehouse worker seems arbitrary and unrelated to the actual job duties. It is discriminatory because it disproportionately affects certain individuals, like Maude, who may be perfectly capable of performing the job despite not meeting the weight requirement. Additionally, the argument that warehouse workers often lift things weighing up to 100 pounds does not justify the need for a specific weight requirement.

Generally speaking, in most states, it is easier for a private employer than the government to test an employee for drugs or alcohol. This is because private employers have more flexibility in implementing drug and alcohol testing policies compared to the government, which may be subject to stricter regulations and legal requirements. Private employers can often conduct random drug tests, whereas government employers may need to have a reasonable suspicion or specific cause to test their employees. Additionally, private employers may have more discretion in determining consequences or disciplinary actions based on the results of drug or alcohol tests.

Jill, as a limited partner, has limited liability in the retail business. This means that her personal assets are protected and she can only be held liable up to the amount of her investment in the business. Therefore, she is not personally liable to the customer's claim beyond the extent of her investment.

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The NLRB has the authority to waive the requirement of a union election if it believes the employer has shown anti-union bias.

The employer is not right. Even though Megan was an at-will employee, such employees may not be fired without just cause. In this case, Megan refused to falsify government reports, which is an illegal act. At-will employees may not be legally fired for refusing to perform an illegal act, regardless of their limited job security rights.

The employer has a legal right to make this threat to Zoe because employers are generally allowed to restrict employees from discussing union activity in the presence of customers. While employees have the right to engage in union activities, employers also have the right to maintain a certain level of professionalism and protect their business interests. However, it is important to note that this answer assumes there are no specific state laws or regulations or National Labor Relations Board rulings that would restrict the employer's actions.

The correct answer is that Vicy has not committed an unfair labor practice. This is because an employer is allowed to present anti-union views to its employees. The bulletin issued by Vicy, stating that a union will only hurt the company and that they do not need outside union activists, falls within the bounds of an employer expressing their opinion on unionization. It is not considered outrageous interference or a violation of labor laws.

The correct answer is the Norris-LaGuardia Act. This legislation was passed by Congress in 1932 and it prohibited federal court injunctions in nonviolent labor disputes. The act declared that workers should be allowed to organize unions and use their collective power to achieve legitimate economic ends. The Sherman Act is not the correct answer as it is a different piece of legislation that focused on prohibiting monopolies and promoting fair competition. The National Labor Relations Act and the Labor-Management Relations Act were both passed later and have different purposes.