D352 Employment and Labor Law WGU UPDATED ACTUAL Questions and
CORRECT Answers
Common Law Principles developed over centuries as a result of legal decisions made by judges
in individual cases.
Stare Decisis The doctrine of a court following the precedent of an earlier court.
Judicial Review The power of the Supreme Court to consider whether a law aligns with the
intention of the Constitution.
Legislative Branch Made up of the two houses of Congress—the Senate and the House of
Representatives. These bodies are tasked by the Constitution to make laws for the
"general welfare" of the people.
Executive Branch Composed of the president and other executive leaders. Conducts foreign affairs
and ensures that sound laws are created and enforced. The executive branch also
has the power to create Executive Orders, which act as law for the federal
government and its agencies.
Judicial Branch The court system of the country and comprises the United States Supreme Court
and other federal courts. Through actual legal controversies, the courts explain
and define the meaning of the Constitution and laws passed by Congress.
The Supremacy Clause of the Constitution Mandates that the Constitution, federal law, treaties, and federal regulations are
the highest laws of the land and have priority over state law.
Agency A contract relationship (a legally binding agreement) between a principal and an
agent whereby the principal, expressly or implicitly, authorizes the agent to work
on their behalf and with the power to bind the principal. In the employment
relationship, the employer is the principal and the employee is the agent.
Arbitration A neutral third party (an arbitrator or panel) hears evidence from disputing parties
and makes a final, usually legally binding, decision (an "award") outside of court,
offering a faster, cheaper, and more private alternative to traditional litigation.
Tort The commission of a civil wrong that causes someone to suffer loss or harm,
resulting in legal liability.
Vicarious Liability When the employer is exposed to liability in tort for the acts or omissions of the
employee.
Respondeat Superior "Let the master answer for the servant" An employer is only responsible for
employee action that is performed within the scope of employment.
Frolic and Detour An employee's physical departure from a job in order to further their own interests
and not the employers.
, Going and Coming Rule Shields employers from the acts or omissions of employees while commuting to
work.
Dual-purpose Mission Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to liability for the employee's actions.
Employee A person who provides services for a specific salary or wage under the direction
and control of another entity.
Independent Contractor A worker who is not subject to wage, discrimination, tax, or liability laws.
3 different tests commonly used to determine if a worker A worker is an employee if the employer maintains the right to control the method
is an employee or an independent contractor: of work performed. Ex: a worker who is classified as an independent contractor
The Common Law Agency Test: but who must conform to strict standards of work hours, grooming, dress, billing
processes, reporting procedures, and so on, is really an employee.
3 different tests commonly used to determine if a worker determine whether the "economic reality" of a working relationship renders a
is an employee or an independent contractor: worker substantially dependent on a given employer. The deciding point is
The Economic Realities Test: whether the worker has little freedom to exit the relationship because they are
economically dependent on the business to which they render service.
Courts that have applied the economic reality test have 1. The degree of control exerted by the alleged employer over the worker
taken the following factors into account: 2. The worker's opportunity for profit or loss
3. The worker's investment in the business
4. The permanence of the working relationship
5. The degree of skill required to perform the work
6. The extent to which the work is an integral part of the alleged employer's
business
CORRECT Answers
Common Law Principles developed over centuries as a result of legal decisions made by judges
in individual cases.
Stare Decisis The doctrine of a court following the precedent of an earlier court.
Judicial Review The power of the Supreme Court to consider whether a law aligns with the
intention of the Constitution.
Legislative Branch Made up of the two houses of Congress—the Senate and the House of
Representatives. These bodies are tasked by the Constitution to make laws for the
"general welfare" of the people.
Executive Branch Composed of the president and other executive leaders. Conducts foreign affairs
and ensures that sound laws are created and enforced. The executive branch also
has the power to create Executive Orders, which act as law for the federal
government and its agencies.
Judicial Branch The court system of the country and comprises the United States Supreme Court
and other federal courts. Through actual legal controversies, the courts explain
and define the meaning of the Constitution and laws passed by Congress.
The Supremacy Clause of the Constitution Mandates that the Constitution, federal law, treaties, and federal regulations are
the highest laws of the land and have priority over state law.
Agency A contract relationship (a legally binding agreement) between a principal and an
agent whereby the principal, expressly or implicitly, authorizes the agent to work
on their behalf and with the power to bind the principal. In the employment
relationship, the employer is the principal and the employee is the agent.
Arbitration A neutral third party (an arbitrator or panel) hears evidence from disputing parties
and makes a final, usually legally binding, decision (an "award") outside of court,
offering a faster, cheaper, and more private alternative to traditional litigation.
Tort The commission of a civil wrong that causes someone to suffer loss or harm,
resulting in legal liability.
Vicarious Liability When the employer is exposed to liability in tort for the acts or omissions of the
employee.
Respondeat Superior "Let the master answer for the servant" An employer is only responsible for
employee action that is performed within the scope of employment.
Frolic and Detour An employee's physical departure from a job in order to further their own interests
and not the employers.
, Going and Coming Rule Shields employers from the acts or omissions of employees while commuting to
work.
Dual-purpose Mission Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to liability for the employee's actions.
Employee A person who provides services for a specific salary or wage under the direction
and control of another entity.
Independent Contractor A worker who is not subject to wage, discrimination, tax, or liability laws.
3 different tests commonly used to determine if a worker A worker is an employee if the employer maintains the right to control the method
is an employee or an independent contractor: of work performed. Ex: a worker who is classified as an independent contractor
The Common Law Agency Test: but who must conform to strict standards of work hours, grooming, dress, billing
processes, reporting procedures, and so on, is really an employee.
3 different tests commonly used to determine if a worker determine whether the "economic reality" of a working relationship renders a
is an employee or an independent contractor: worker substantially dependent on a given employer. The deciding point is
The Economic Realities Test: whether the worker has little freedom to exit the relationship because they are
economically dependent on the business to which they render service.
Courts that have applied the economic reality test have 1. The degree of control exerted by the alleged employer over the worker
taken the following factors into account: 2. The worker's opportunity for profit or loss
3. The worker's investment in the business
4. The permanence of the working relationship
5. The degree of skill required to perform the work
6. The extent to which the work is an integral part of the alleged employer's
business
