Congress passed which laws to resolve the imbalance of power between an employer and an employee? (2) correct answers 1. Set minimum wage
2. Anti-discriminatory laws based on race and gender
Is Regulation Necessary? Opponent View correct answers - Regulation is necessary
- Human beings do no...
Employment Law Exam 1 || A+ Guaranteed.
Congress passed which laws to resolve the imbalance of power between an employer and an
employee? (2) correct answers 1. Set minimum wage
2. Anti-discriminatory laws based on race and gender
Is Regulation Necessary? Opponent View correct answers - Regulation is necessary
- Human beings do not always act rationally
- Economic forces do not offer absolute protection from employment discrimination
Is Regulation Necessary? Proponent View correct answers - Market will work to encourage
employers' rational, non-biased behavior
- Decisions based on race or gender are inefficient
- biased firms can remain competitive while discriminating
Law of agency correct answers - Traditional law of master and servant
- Employee acts on behalf of the employer as its agent
- Employee acts only as authorized by the employer
- Employer is obligated to exercise good faith in the relationship and ensure that no harm comes
to the employee during the relationship
Independent contractor correct answers - can perform a task according to his or her own methods
- The principal/employer does not have the right to exercise control over the physical details of
the work
Employees vs. Independent Contractors (Discrimination, Employer Payroll Deductions,
Benefits) correct answers Discrimination:
Title VII applies to Employees ONLY, not to Independent Contractors
Employer payroll deductions:
Employee - employer responsible for deductions
Independent Contractor - responsible for their own taxes, including deductions
Benefits:
Employee eligible to receive them but it is not a requirement
Independent Contractor has no access to benefits
, Reasons to Use Independent Contractors correct answers - Specialized skills or Intermittent
needs
- Seasonality
- Cost factors
- No overtime
- Avoids work-related expenses (e.g., insurance, tools, etc)
- Avoids Overhead - pay for production, not time
- Liability of contractor for mistakes
Inaccurate classification of workers is violations of ______ and leads to ______ correct answers
violations of:
1. International Revenue Service (IRS) laws
2. The National Labor Relations Act
3. The Fair Labor Standards Act
4. Social Security Act
5. State worker's compensation and unemployment compensation laws
Leads to severe penalties and fines for each violation
Independent Contractors: Safe Harbor (IRS) - 4 safety fallbacks for ind. cont's correct answers 1.
The business must have never treated the worker as an employee for the purposes of employment
taxes
2. All federal tax returns with respect to this worker were filed consistent with the worker being
an independent contractor
3. The company has treated all those in positions substantially similar to that of this worker as
independent contractors
4. The company has a reasonable basis for treating the worker as an independent contractor
3 tests to determine if someone is an employee correct answers Common-law agency test:
Determines whether the employer has the right to control
IRS 20-factor analysis:
An analytical tool with 20 factors of employee
(Not legal)
Economic realities test: Determine whether a worker is economically dependent on the business
or is in business for himself or herself
Contingent or temporary workers correct answers temporary or sporadic
-Often supplied by staffing agency
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