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Blaw 341 Exam 3 Questions and Answers 100% Solved | Graded A+

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Blaw 341 Exam 3 Questions and Answers 100% Solved | Graded A+ Who does employment law cover? - generally employees NOT independent contractors Tests to determine if someone is an employee or IC: - 1. Control test (most common) 2.Economic realities test (not on exam) control test - traditiona...

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  • December 21, 2024
  • 50
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Blaw 341
  • Blaw 341
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JOSHCLAY
Blaw 341 Exam 3 Questions and

Answers 100% Solved | Graded A+


Who does employment law cover? - ✔✔generally employees NOT

independent contractors

Tests to determine if someone is an employee or IC: - ✔✔1. Control test

(most common)

2.Economic realities test (not on exam)

control test - ✔✔traditional IRS test that distinguishes if someone is an

employee or an IC. asks questions regarding employer control, finances

and the type of relationship between the worker and the employer

employer control example questions

(does the employer control the following) - ✔✔-when and where the work is

done?

-what tools and equipment are used?

-where are supplies and services purchased?

-who must perform the specific work?

-what is the order or sequence of the tasks

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,financial question examples - ✔✔-who has the greatest unreimbursed

business expenses?

-who makes investment tools?

-how is the worker paid?

-can the worker make a profit?

-are services offered to others?

type of relationship between worker and employer - ✔✔-does a written

contract exist and does it describe the relationship?

-does employer pay benefits?

-is the relationship a one time deal of LT?

-are workers services a critical part of employers ongoing business?

employment at will doctrine - ✔✔the employer or the employee can end the

relationship at anytime for any reason.

exceptions to the employment at will doctrine: - ✔✔1. contract theory

2.tort theory

3.public policy

4. if contract itself includes provisions that do not allow the employment at

will doctrine

1. contract theory


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,employment at will exceptions - ✔✔-breach of contract

-breach of implied contract "reasonable expectations"

(even if no written contact exists) 24.1

-promissory estoppel= (promise is enforceable by law if promisee relies on

contract)

2. Tort Theory




Employment at will exceptions - ✔✔-most common action

-action for wrongful discharge,

-may lead to suits for:

intentional infliction of emotional distress, defamation or fraud (24.2)

3. Public policy




Employment at will exceptions - ✔✔employee cant be fired if termination

violates public policy. CAN NOT VIOLATE
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, STATUTORY LAW-(whistleblowing, ADA, FMLA, OSHA)

COMMON LAW- (refusal to commit an unlawful act, fulfilling public

obligation, exercising a statutory right and whistleblowing in a state that

does not have a whistleblowing statue) or

WELL KNOWN MANDATES-24.3

FLSA - ✔✔fair labor standards act-covers all employers engaged in

interstate commerce and production

Child labor




critical provisions of the FLSA - ✔✔under 14=only perform certain types of

work (newspaper boy, entertainment, working for parents) with working

times and maximum hour restrictions

14-15=can work but not in hazardous conditions with working times and

maximum hour restrictions



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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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