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Employment law final || Already Graded A+.
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Employment laws are passed only by state and federal governments, not by cities or counties. True False correct answers False Sources of employment law include all of the following EXCEPT: federal law state law ads for job openings constitutions correct answers ads for job openings ...

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  • September 13, 2024
  • 17
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

  • employment laws are passed only by state and feder

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  • Employment law
  • Employment law

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Employment law final || Already Graded A+.
Employment laws are passed only by state and federal governments, not by cities or counties.

True
False correct answers False

Sources of employment law include all of the following EXCEPT:

federal law
state law
ads for job openings
constitutions correct answers ads for job openings

Under U.S. employment laws, employees have the right to:

not be fired, as long as they do a good job
be treated fairly in all aspects of the workplace, including receiving fair compensation
have paid vacation after 1 year of employment
expect their employers to comply with employment laws correct answers expect their employers
to comply with employment laws

When determining which employment laws apply to a certain employer, which of the following
factors does NOT apply?

the number of employees that work for the company
whether the employer sells goods or services to the state government where it is located
the state(s) in which the employer operates
whether the employer sells goods or services to the federal government correct answers whether
the employer sells goods or services to the state government where it is located

Regarding employment law in the U.S., which of the following statements is true?

Most federal employment laws were passed in the first half of the 19th century in response to
growing industrialization
The earliest employment laws focused on wages and vacation time
Employees may be fired at any time for any reason not prohibited by law
Employees enjoy the right to stay on the job as long as they are doing a good job correct answers
Employees may be fired at any time for any reason not prohibited by law

Which of the following is generally true regarding the process of enforcing employment laws?

courts and government agencies hear cases only after employees come forward with complaints
about violations of the law

,employees are very likely to seize the opportunity to sue their employers, because all of the cost
of employment litigation is borne by the employer

once a claim is brought, a company's attorneys deal with it, and managers have little involvement
in the case

employment laws apply only to full time employees correct answers courts and government
agencies hear cases only after employees come forward with complaints about violations of the
law

In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury
and disability because his employer would not provide a reasonable accommodation for his
disability. AutoZone argued that the damages awarded by the jury were too high, and also
offered evidence of its ADA compliance policy set forth in the employee manual. The court
ruled:

for the defendant AutoZone, since the establishment of an ADA compliance policy was
sufficient to establish a good faith effort to comply with the ADA

for the defendant AutoZone, because plaintiff had not established that he suffered from a
disability

for the plaintiff because the damages awarded were consistent with the damages awarded in
other cases

for the plaintiff because he established that he suffered from a disability correct answers for the
plaintiff because the damages awarded were consistent with the damages awarded in other cases

Under the "payroll method" approved by the U.S. Supreme Court:

employers whose payrolls exceed $500,000 annually are counted

employers are counted if they had at least 20 employees on the payroll at the time of the alleged
discrimination

employers are counted if they had at least 15 employees working and being paid for each
working day during at least 20 weeks in the same or the preceding year

employees are counted for each full week between when they are hired and when they leave
employment, regardless of the number of days or hours worked. correct answers employees are
counted for each full week between when they are hired and when they leave employment,
regardless of the number of days or hours worked.

It can be difficult to determine whether an employment relationship exists.

True

, False correct answers True

Under the economic realities test:

if the hired party depends on the job for a small portion of her income, that favors the conclusion
that she is an employee

if the hired party performs tasks that are central to the hiring party's business, that favors the
conclusion that she is an independent contractor

if the hired party performs low-skilled work, that favors the conclusion that she is an independent
contractor

if the hired party provides her own tools and materials, that favors the conclusion that she is an
independent contractor correct answers if the hired party provides her own tools and materials,
that favors the conclusion that she is an independent contractor

Distinguishing between employees and independent contractors is important because:

income tax must be withheld for independent contractors, but not employees

employers have fewer legal obligations to employees

employers can defend their noncompliance with employment laws by proving that persons
performing work are independent contractors

it is not important to distinguish between employees and independent contractors correct answers
employers can defend their noncompliance with employment laws by proving that persons
performing work are independent contractors

Which of the following is true of the common law test?

it is especially useful for distinguishing partners from employees

it focuses on the right of control

it focuses on the hired party's ability to sell his services to a variety of hiring parties

it is especially useful for determining whether individuals should be covered as family members
under benefit plans correct answers it focuses on the right of control

If a worker is an employee, the employer must:

make certain the employee makes estimated income tax payments
pay the employer's share of Social Security and Medicare taxes
pay the employee's share of Social Security and Medicare taxes

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