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BLAW 3310: Test 3: miller uta questions and answers verified answers||Latest 2024/2025
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BLAW 3310: Test 3: miller uta questions and answers verified answers||Latest 2024/2025
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BLAW 3310: Test 3: miller utaEmployment-at-Will Doctrine - ANSdoctrine under the common law that says unless otherwise
explicitly stated, an employment contract was for an indefinite term and could be terminated at
any time by either party without notice.
"Good Faith" exception in California - ANShonesty in fact in the conduct or transaction in
question
Texas Exceptions for Employment-at-Will Doctrine - ANSJury duty; refusal to do an illegal act;
Sabine case; military service obligation
Employee Contractor - ANSControl test: could the employer have exercised control over how
the work is done? Who do the tools belong to
Borrowed EmployeeL both temp agency and employer can be employers
Dual employment: Who's exercising control? Either or both can be liable.
Independent Contractor - ANSone who provides service in the course of an occupation, who
follows the employers direction as to the result of the work but does the work according to their
own methods, unlike a servant or employee, who is subject to detailed control in the
performance of work.
Post Employment Covenant not to compete - ANSwhen an employer requires an employee, as
a condition of employment, to agree not to compete with the employer in the future for a certain
time and in a certain location; such agreements are not favored in some states
"No Raiding" post employment clause - ANSemployees will not recruit other employees for
another company when they leave the one they are at
Commerce Clause - ANSpart of the U.S. Constitution that gives Congress the power to regulate
interstate commerce; the basis of much federal regulation
Occupational Safety and Health Act (OSHA) - ANSstates that employers must provide
employees a workplace "free from recognized hazards that are causing or are likely to cause
death or serious physical harm"
Workers' Compensation Statute/Laws - ANSstatutes that provide for awards to workers or their
dependents if a worker incurs an injury or an illness in the course of employment. Under such
laws, the worker is freed from bringing a legal action to prove negligence by the employer
"Course and Scope of Authority" as basis of employer liability - ANS
, Fair Labor Standards Act - ANS1938 act which provided for a minimum wage and restricted
shipments of goods produced with child labor
How is Minimum Wage determined - ANSfactors such as poverty threshold, prevailing wage
rates as determined by the Labor Force Survey, and socio-economic indicators (i.e. inflation,
employment figures, Gross Regional Domestic Product, among others), which insures better
workers protection.
"Tip Credit" for waitstaff - ANSallowed to pay waitstaff 2.13 an hour because tips will make them
earn more than 7.25 an hour
How do you compute over-time for over a 40 hour week? - ANSmultiply the straight time rate of
pay by all overtime hours worked PLUS one-half the employees hourly regular rate of pay times
all overtime hours worked
Social Security Benefits - ANS- Were computed on a workers average monthly wage (AMW) if
the person became eligible for benefits before 1979. Since 1979, the calculation has been
based on the workers average indexed monthly earnings (AIME)
6.2%+1.45%=7.65% contribution by employer on behalf of employee - ANSamount taken out of
payroll for SS and medicare
Employee Contribution - ANSsame as contribution by employee
Medicare - ANSfederal health insurance program, administered by the Social Security
Administration that provides health care for old people
Defined Benefits Plan - ANScompany pension plan where employee's pension payments are
calculated according to length of service and the salary they earned at the time of retirement
Defined Contributions Plan (401K plans) - ANSretirement plan where the employee, employer,
or both make contributions on a regular basis
Contribution by Employee - ANScompany sponsored retirement plan where the employee may
elect to have a portion of each paycheck deposited into a retirement account owned by the
employee and held in their name
Matching Contribution by Employer - ANSan employees 401k program. employer matches
whatever $ the employee puts in
Vesting - ANSwhen an employee becomes the owner of the funds in a retirement program
Labor Law - ANSalso known as employment laws, mediated the relationship between
employees, employers, trade unions, and the govt.
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