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BLAW Final Exam Questions and Answers
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BLAW Final Exam Questions and Answers
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BLAW Final ExamWhat category of workers do " Employment laws" generally cover? - Answer -Employment laws
generally cover employees, NOT those doing work as independent contractors
Example of ________Control Question: "Does employer pay benefits?" - Answer -Example of Type of
Relationship Control Question: Asking if employers pay benefits is an important question (Does the
employer offer to match pension plan?)
Phoenix Corporation hired Erika to make whistles. Under the terms of the agreement, Erika was to be
paid a fixed sum without benefits, she was to craft the whistles in her shop, she could use any suppliers
she choose, and she had 3 months during which to complete the project. If a dispute arises and a court
must determine Erika's employment status, which of the following is the most likely outcome?
A. Erika is an employee of Phoenix
B. Erika is an independent contractor - Answer -B. Erika is an independent contractor
Think about control test, need to see if MOST info points to one side
Under the basic "at will" doctrine, "at will" employees can be terminated at any time without cause.
A. True
B. False - Answer -A. True
,Example: Director decides he wants to fire Natalie one morning
ABC Enterprises's employment manual and personnel bulletin both state that, as a matter of policy,
workers will be dismissed only for a good cause. If an employee reasonably expects ABC to follow this
policy, a court may final that there is a _________ contract based on the terms stated in the manual and
bulletin. - Answer -Implied Contract.
Goldfinch Company induces a prospective employee to leave a lucrative job and move to another state
by offering a "long time job with thriving business." Goldfinch is having significant financial problems and
goes bankrupt so the position is no longer available for the employee. - Answer -The employee may be
able to bring an action against Goldfinch Company for fraud. (Tort)
Alexander's boss points a gun at Alexander and shouts, " YOU'RE FIRED!" This is an example of... -
Answer -Exceptions of Employment-At-Will based on Tort Theory
Intentional Infliction of Emotional Distress
Rebecca works at a nursing home. One of the patients at the home was wheel-chair bound and could be
moved only be two persons using a belt. When Rebecca discovered that the patient had been
improperly moved and injured as a result she reported the incident to the authorities, as she was
required by state law. Rebecca's supervisor fired her shortly after that. What happened in court? -
Answer -The court held that although Rebecca was an employee at will, she was protected in this
instance from firing because a very clear mandate of public policy had been violated.
Tyler works for Walmart. Tyler gets hurt while on the job and suffers permeant knee damage. The
manager of Walmart fires Tyler for claiming workers compensation. What happens? - Answer -Although
Tyler was an employee at will, Tyler is exercising his Statutory Right .
exceptions based on public policy
Matt was summoned for jury duty and was required to leave his job for two months. Upon his return, his
employer said his position had been filled. Does Matt have a valid claim for wrongful discharge against
his employer?
Yes
, No - Answer -Yes. Bc jury duty is a public obligation
Bill owns a U.S. factory that makes clothes. Can Bill hire Sally, a 12 year old girl, to work the sewing
machines in his shop? (Sally is not related to Bill.)
No, assuming clothing manufactures are not an industry that permits child labor;
Yes, but Sally can only work during certain times of the day and for a limited number of hours - Answer -
No. Sally is only 12 and not related to Bill.
Children under the age of 14 can only perform work like newspaper delivery, some farming,
entertainment, working with parents with time and hour restrictions
Minimum wage (Federal and State) - Answer -Federal: 7.25 per hour
State: May have a higher minimum wage then federal
Ben is an accountant. He works for a large accountant firm and earns a fixed salary. Ben usually works 40
hours per week, but for 8 weeks this year he worked 60 hours per week. Under the FLSA, is Ben entitled
to 1.5 times his regular weekly wage for 20 hours per week for the 8 weeks during which he worked
longer hours?
Yes No - Answer -No. Question about overtime pay. He is an accountant. Look to see on exam if the
person is paid fixed salary or hourly
If he was a factory worker he would be paid overtime!
Jobs like deliver newspapers, work for their parents, work in the entertainment industry and farming
areas are... - Answer -Children under 14
Children who are _______ are allowed to work, but not in hazardous occupations - Answer -14 or 15
The ______ act requires large employers to provide 60 days notice to employees or their union manager
if the plant is closing - Answer -The Worker Adjustment and Retraining Notification Act (WARN)
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