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BUS 404 Final Exam/55 Complete Questions & Answers
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BUS 404 Final Exam/55 Complete Questions & Answers
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BUS 404 Final Exam/55Complete Questions & Answers
IRS Rule: Behavioral Control - -- Worker decides method
- how much control, supervision, and training?
- Evaluating performance or final product?
-IRS Rule: Financial Control - -- Investing in own equipment?
- Unreimbursed expenses?
- Regular wage vs. paid flat fee for job
-IRS Rule: Relationship - -- Receive benefits
- offer services to multiple clients
-CA's "ABC" Test - -- Worker is free from company's control and direction
- Worker performs tasks outside the company's usual course of business
- Worker is customarily engaged in an independent business or occupation in
the same field
-Ownership of Intellectual property by contractors vs employees default rule
- -Independent contractors own their own work products
-Work made for the contract: employees - -The work automatically belongs
to the company
-Work made for the contract: Independent Contractor - -The contract treats
the Independent contractor's work the same as the the employee, belongs to
the company
-Wording for a contract that effectively transfers the independent
contractor's work to the company - -Effective wording: "assigns", "does
assign"
Ineffective wording: " agrees to assign", "will assign", etc.
-Non competition and non solicitation agreements (CA vs. other states) - -
CA, OKC, and NDK prohibit them
CA exceptions: sale of business (goodwill) or agreement between partners,
the partners can't be minority owners
-EEOC Process - -1. File Complaint
2. Then, usually referred to mediation
3. Then, considered investigation
4. Then, EEOC or individual can bring right to sue
, -Disparate Treatment - -intentional discrimination
-Disparate Treatment: plaintiff's case - -Protected class of race, color,
religion, nationality, gender, etc.
-Disparate treatment: defendant's case - -legitimate reason for employment
action
Plaintiff's response to this: defendant false
-Disparate impact: plaintiff's case - -- identify specific employment practice
or policy that discriminate on protected class
- Statistics demonstrate impact on qualified applicants
-Disparate impact: defendant's case - -Prove that the policy is: job related
and consistent with business necessity
-Disparate impact: plaintiff's response - -prove less discriminatory business
practice is possible, employee refuses to adopt it
-Sexual Harassment Lawsuit - -Typically against the employer, not
necessarily the harasser
-Sexual Harassment Lawsuit: Employee's Case - -- unwelcome conduct
- because of sex
That resulted in:
-Tangible employment action (job, loss, etc.)
- Hostile or abusive work environment
-Sexual Harassment: employer/supervisor vs co-worker - -If supervisor: if
wrongdoer is a supervisor and the victim suffered tangible employment
action, then the employer has no defense
If co-worker:
-victim must prove that the employer knew or should have known
- Unreasonably failed to prevent or remedy the harassment
-Securities Act of 1933 - -Required "registration statement" to launch Initial
Public Offering
(IPO)
-Securities Exchange Act of 1934 - -After IPO, this act governs how
securities are disclosed
(Forms 10-Q, 8-Q, 10-K)
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