Topic 1: The Nature of the Employment Relationship Flashcards Preview

Employment Law > Topic 1: The Nature of the Employment Relationship > Flashcards

Flashcards in Topic 1: The Nature of the Employment Relationship Deck (28):
1

Which of the following is not a purpose or function of the law?

- Facilitate for private arrangements between individuals
- Settle private and public disputes
- Determine procedures for changing the law
- Prevent desirable, or promote undesirable, behavior

Prevent desirable, or promote undesirable, behavior

2

What is a judicial review?

The power of the Supreme Court to consider whether a law comports with the Constitution

3

Which of the following law has the least amount of power under the Supremacy Clause?

- Constitution
- Treaties and federal regulations
- State laws
- Federal laws

State laws

4

Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal.

- Informal
- Undefined
- Formal
- Contract

Contract

5

Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description.

Scope of employment

6

In the scope of employment context, which of the following is an example of frolic and detour?

- An employee runs a personal errand while driving to a meeting at a company branch office
- An employee works from home for the day
- An employee runs a work errand while off work
- An employee runs an errand while on his/her lunch break

An employee runs a personal errand while driving to a meeting at a company branch office

7

Of the following classifications of worker, which causes the smallest obligation to the employer?

- Employee
- Union workers
- Both independent contractor and employee
- Independent contractor

Independent contractor

8

Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor?

- The common law agency test
- The IRS 20-factor analysis
- The working description test
- The economic realities test

The working description test

9

The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor?

- Integration: How closely are the employer business processes linked to a worker's performance?
- Instructions: Who controls when, where, and how work is to be done?
- Relationship: How many hours per year do the employee and employer spend time together outside of work?
- Training: How much training does the employer give?

Relationship: How many hours per year do the employee and employer spend time together outside of work?

10

What is the definition of an employer?

An entity that employs another to work on his or her behalf for pay

11

Which of the following is not a qualification to fall under federal employment law statutes?

- An entity represents the employees of an employer
- An entity's membership exceeds a certain number
- An entity maintains a hiring hall which procures employees for at least one covered employer
- An entity is not engaged in an industry-affecting commerce

An entity is not engaged in an industry-affecting commerce

12

Under the Employment-At-Will Doctrine, _______________.

An employer may terminate an employee at any time, for any legal reason, without incurring liability

13

Which of the following is not a recognized exception to at-will doctrine under the common law?

- Public policy
- Implied contract
- Economic sustainability
- Implied covenant of good faith

Economic sustainability

14

If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a

retaliatory discharge

15

What is a precedent?

A controlling rule, example, or guide

16

What is the main purpose of the economic realities test?

Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business

17

Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n):

Integrated enterprise

18

What is the doctrince of Constructive Discharge?

Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit

19

Common Law

Opinions of judges in cases covering hundreds of years.

20

Stare decisis

Doctrine of court following the precedent of an earlier court

21

Supremacy Clause

Contained in the constitution. Mandates that federal law, treaties, and regulations are the highest laws and take priority over state law.

22

Tort

A civil wrong that cases someone harm.

23

Vicarious liability

Employer exposed to liability for acts or omissions of employee.

24

Respondent superior

Employer only responsible for employee actions performed in scope of employment.

25

Going and coming rule

Shields employers from acts/omissions of employees while commuting to and from work

26

Tests to determine employee from independent contractor

- Common law agency test
- Economic realities test
- IRS 20 factor test

27

Covered employment agency

One subject to employment law regulation because it regularly procures employees for at least one covered employer

28

The three exceptions to the at-will doctrine

Public policy, implied contract, and implied covenant of good faith