Employment law covers ________, but not ________ correct answers Employees
independent contractors
Test used to determine employee v. IC status correct answers Control Test (most common)
Control Test correct answers Traditional IRS test used to distinguish Employees from IC's
Control Ques...
Employment Law || A+ Guaranteed.
Employment law covers ________, but not ________ correct answers Employees
independent contractors
Test used to determine employee v. IC status correct answers Control Test (most common)
Control Test correct answers Traditional IRS test used to distinguish Employees from IC's
Control Questions
Does the Employer control-- correct answers 1. When/where work is doe
2. Tools and equipment used
3. Who must perform specific work
4. Order or sequence of work tasks
Control Test-financial questions correct answers 1. Whole has greatest reimbursed business
expenses?
2. Who made investment in the tools?
3. How is worker paid
4. Can worker make a profit?
Control Test-Type of Relationship correct answers 1. Does a written contract exist and does it
DESCRIBE the relationship?
2. Does employer pay benefits?
3. Is relationship one-time or long term?
4. Are worker's services a critical part of employer's ongoing business?
Employment at Will correct answers Traditional doctrine that governs employment contracts
"at will" employees can be terminated at any time without cause
Employment at will
Termination cannot violate _________ or ___________ correct answers Statutory law or
common law
Exceptions to employment at will correct answers Contract theory
tort theory
public policy
Employment at Will:
Actions based on contract theory correct answers Breach of contract
breach of implied contract
promissory estoppel
Employment at Will:
Exceptions based on contract theory
, Implied Contract: What are contract terms? correct answers Employee's "reasonable
expectations"
Ex. stated in manual/bulletin
Employment at Will:
Exceptions based on contract theory
Action for Wrongful Discharge correct answers Tort action an employee ay file if an employer
improperly discharges an employee
MOST COMMON ACTION
Employment at Will:
Exceptions based on public policy correct answers Employee cannot be fired if termination
violates public policy
Public policy is determined by statutes (most often) and well known mandates
Examples of statutes that include "public policy" the limits the "employment at will" doctrine
correct answers Whistleblowing statuts
ADA (Americans with Disabilities Act)
FMLA (Family and Medical Leave Act)
OSHA
Employment at Will:
Exceptions based on
Public Policy Mandates
Examples of common law "public policy" well-known mandates that limit the "employment at
will" doctrine: correct answers Refusal to commit an unlawful act
Fulfilling a public obligation
Exercising a statutory right
Whistleblowing in state that does not have a whistleblowing statute
Fair Labor Standards Act (FLSA) correct answers Covers ALL employers engaged in interstate
commerce
Critical provisions of the FLSA correct answers Child Labor
Minimum Wages
Maximum Hours
Federal minimum wage correct answers 7.25
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