31) What is the primary purpose of the Occupational Safety and Health Act?
A. Its purpose is to promote the provision of healthcare benefits by employers having more than 15 employees.
B. Its purpose is to protect the safety of workers and the safety of those who purchase the employer’s products or services.
C. Its purpose is to reduce the application of industry standards to workplace conditions.
D. Its purpose is to compel employers to provide a work environment that is free from recognized hazards that could cause death or serious injury.
32) Which of the following best describes the status of the employment at will doctrine in the United States today?
A. It still applies today, but only to employees who are expressly told that they are an at-will employee when they are hired.
B. It applies in most states to most employment relationships, but there are many exceptions that limit its application.
C. It applies more today than in the last century, and the quantity of corporate layoffs is evidence of this.
D. It today applies only to the employer, although in the past it applied to both the employee and employer.
33) Which of the following rejected applicants may have a valid claim for discriminatory hiring practices
A. A university did not hire a 22-year-old woman to be a director of faculty because she was too young.
B. A public health service did not hire a registered nurse because his shaking hands prevented him from administering injections.
C. A Catholic school did not hire a teacher because he was not Catholic.
D. A trucking company did not hire a truck driver because she was pregnant.
34) Which of the following statements best describes the workers’ compensation rules?
A. The employee has the choice to sue or proceed under the workers’ compensation statute.
B. The employer can avoid liability if the injured employee was contributory negligent.
C. The employer is liable for employment related injuries only if negligent.
D. The employee will collect for all work-related injuries, and will not need to prove negligence on the part of the employer.
35) Which of the following is a correct statement of the requirements for a bona fide occupational qualification?
A. Rationally based and evenly applied
B. Job related and cost effective
C. Job related and nondiscriminatory
D. Job related and a business necessity
36) What is generally the effect when an exception to the employment at will doctrine applies?
A. Employees can be prohibited from quitting a job.
B. There is some sort of limitation on at least one party’s ability to terminate the employment relationship.
C. The Fair Labor Standards Act will set the terms, such as pay, for the employment relationship.
D. The employer is required to hire a certain employee.
37) In general, trademark protection is granted based on whether the trademark is
B. the original creation of the trademark registrant
C. understandable to the general public
D. novel and useful
38) What federal legal protection is there with respect to trade secrets?
A. Trade secrets are protected under the Economic Espionage Act of 1996.
B. Trade secrets are protected under the federal copyright laws.
C. Trade secrets are protected under the Trade Secret Protection Act of 1952.
D. Trade secrets are protected under the federal patent laws.
39) The Biosafety Protocol provides as follows:
A. Employees must wash hands when preparing food.
B. Medical waste must be safely disposed.
C. Vaccinations must contain live virus.
D. Genetically engineered food must state that it may contain modifications.
40) Patricia owns a Mexican restaurant, famous for home-made tortillas. The tortillas are made by several women, who make the tortillas in their homes and sell them to the restaurant. Some of the women have been making tortillas for Patricia for years, while others have just started. Patricia pays for the tortillas by the dozen. What is the nature of the employment relationship between the women and Patricia?
A. The women are agents of the restaurant.
B. The women are part-time employees of the restaurant.
C. The women are independent contractors.
D. The women are employees of the restaurant.
41) Rachel and Roy are married. Phillip is a private investigator, who is following Rachel at Roy’s request, to see if she is involved in another relationship. At one point, Rachel enters a “women only” gym, where Phillip cannot follow. Phillip calls his friend Sue and tells her that if she will enter the gym and observe Rachel, Roy will pay her $25 an hour for her services. Sue goes to the gym and observes Rachel for 3 hours, after which she bills Roy for $75. Must Roy pay Sue’s bill?
A. No, because Sue is not a licensed private investigator
B. Yes, because Sue is entitled to collect on a quasi-contract basis
C. No, because Roy is not liable for contracts entered into by Phillip
D. Yes, because Phillip was acting as Roy’s agent when he hired Sue
42) Barbara owns a dairy farm. One of her pastures needs cutting, so she hires Jed to do the work for $150. While oiling his riding mower, Jed hurts his arm, so he hires Bill to cut the pasture for $130. Bill takes his own mowing machine to Barbara’s pasture. During the mowing, Bill damages the fence, and some of the dairy cattle are later able to pass directly to a neighbor’s corn field, where they eat some of the corn, and trample the crop, causing the crop to be almost a total loss. Who is responsible for the damages caused by the cattle?
A. Bill is responsible, because he is an independent contractor.
B. Jed is responsible, because Bill is Jed’s employee.
C. Barbara is responsible, because Jed is an independent contractor.
D. Barbara is responsible, because they are her cattle.