100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Employment Law || A+ Guaranteed. $10.99   Add to cart

Exam (elaborations)

Employment Law || A+ Guaranteed.

 10 views  0 purchase
  • Course
  • Employment Law ||
  • Institution
  • Employment Law ||

Employment law covers ________, but not ________ correct answers Employees independent contractors Test used to determine employee v. IC status correct answers Control Test (most common) Control Test correct answers Traditional IRS test used to distinguish Employees from IC's Control Ques...

[Show more]

Preview 2 out of 7  pages

  • September 13, 2024
  • 7
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Employment Law ||
  • Employment Law ||
avatar-seller
FullyFocus
Employment Law || A+ Guaranteed.
Employment law covers ________, but not ________ correct answers Employees
independent contractors

Test used to determine employee v. IC status correct answers Control Test (most common)

Control Test correct answers Traditional IRS test used to distinguish Employees from IC's

Control Questions
Does the Employer control-- correct answers 1. When/where work is doe
2. Tools and equipment used
3. Who must perform specific work
4. Order or sequence of work tasks

Control Test-financial questions correct answers 1. Whole has greatest reimbursed business
expenses?
2. Who made investment in the tools?
3. How is worker paid
4. Can worker make a profit?

Control Test-Type of Relationship correct answers 1. Does a written contract exist and does it
DESCRIBE the relationship?
2. Does employer pay benefits?
3. Is relationship one-time or long term?
4. Are worker's services a critical part of employer's ongoing business?

Employment at Will correct answers Traditional doctrine that governs employment contracts

"at will" employees can be terminated at any time without cause

Employment at will
Termination cannot violate _________ or ___________ correct answers Statutory law or
common law

Exceptions to employment at will correct answers Contract theory
tort theory
public policy

Employment at Will:
Actions based on contract theory correct answers Breach of contract
breach of implied contract
promissory estoppel

Employment at Will:
Exceptions based on contract theory

, Implied Contract: What are contract terms? correct answers Employee's "reasonable
expectations"

Ex. stated in manual/bulletin

Employment at Will:
Exceptions based on contract theory

Action for Wrongful Discharge correct answers Tort action an employee ay file if an employer
improperly discharges an employee
MOST COMMON ACTION

Employment at Will:
Exceptions based on public policy correct answers Employee cannot be fired if termination
violates public policy

Public policy is determined by statutes (most often) and well known mandates

Examples of statutes that include "public policy" the limits the "employment at will" doctrine
correct answers Whistleblowing statuts
ADA (Americans with Disabilities Act)
FMLA (Family and Medical Leave Act)
OSHA

Employment at Will:
Exceptions based on
Public Policy Mandates

Examples of common law "public policy" well-known mandates that limit the "employment at
will" doctrine: correct answers Refusal to commit an unlawful act
Fulfilling a public obligation
Exercising a statutory right
Whistleblowing in state that does not have a whistleblowing statute

Fair Labor Standards Act (FLSA) correct answers Covers ALL employers engaged in interstate
commerce

Critical provisions of the FLSA correct answers Child Labor
Minimum Wages
Maximum Hours

Federal minimum wage correct answers 7.25

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller FullyFocus. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $10.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67866 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$10.99
  • (0)
  Add to cart