BLAW 341 Final Exam Part 1: Employment Law | Actual
Exam Questions and 100% Correct Answers | Graded A+ |
Latest Updated 2026/2027!!
What category of worker do "Employment laws" generally cover? correct answers
employees, NOT independent contractors
Two Tests Used to Determine Employee v. IC Status correct answers 1) Control Test (most
commonly used; IRS test)
2) Economic Realities Test
*(NOT ON EXAM)*
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? correct answers will be determined that Erika is an
independent contractor
employment at will exceptions based on contract theory correct answers -terms = employee's
"reasonable expectations"
employment at will exceptions based on tort theory correct answers -Tort action an employee
may file if an employer improperly discharges an employee.
-MOST COMMON action
-In limited situations when employer's discharge is deemed abusive, the discharge of an
employee may also lead to suits for:
*Intentional Infliction of Emotional Distress
*Defamation
*Fraud
Employment at Will correct answers -Traditional doctrine that governs Employment
Contracts
-Either party may terminate an employment relationship ANY TIME FOR ANY REASON,
absent prior agreement to the contrary
-Doctrine is HARSH, so a number of exceptions apply based on:
*Contract Theory (Express or Implied)
*Tort Theory
, *Public Policy
employment at will exceptions based on public policy correct answers -Employee cannot be
fired if termination violates public policy
-How do you know what "public policy" is?
*Statutes (most often)
*Common Law
*Well-known Mandates
-Examples of statutes that include "public policy" that limits the "employment at will"
doctrine:
*Whistleblowing Statutes
*ADA (American's with Disabilities Act)
*FMLA (Family Medical Leave Act)
*OSHA
FLSA: Fair Labor Standards Act correct answers -COVERS ALL EMPLOYERS ENGAGED
IN INTERSTATE COMMERCE
-Critical Provisions:
*Child Labor
*Minimum Wages
*Maximum Hours
-Minimum Wage:
*Federal: $7.25 / hour
*State: may have HIGHER minimum than federal
*If employee receives tips, then employer is ONLY required to pay $2.13 / hour in wages
AS LONG AS wage + tips = at least $7.25 (if amount of wage + tips is less than $7.25,
employer must pay the difference
-Hours
*Normal: 40 Hour Week (normal) = Regular hourly wage
*Overtime: Additional hours (beyond 40 hours)
= 1.5 times regular hourly wage
-Examples of common law "public policy" well-known mandates that limit the "employment
at will" doctrine:
*Refusal to Commit an Unlawful Act;
*Fulfilling a Public Obligation
*Exercising a Statutory Right
*Whistleblowing in state that does not have a whistleblowing statute
Exam Questions and 100% Correct Answers | Graded A+ |
Latest Updated 2026/2027!!
What category of worker do "Employment laws" generally cover? correct answers
employees, NOT independent contractors
Two Tests Used to Determine Employee v. IC Status correct answers 1) Control Test (most
commonly used; IRS test)
2) Economic Realities Test
*(NOT ON EXAM)*
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? correct answers will be determined that Erika is an
independent contractor
employment at will exceptions based on contract theory correct answers -terms = employee's
"reasonable expectations"
employment at will exceptions based on tort theory correct answers -Tort action an employee
may file if an employer improperly discharges an employee.
-MOST COMMON action
-In limited situations when employer's discharge is deemed abusive, the discharge of an
employee may also lead to suits for:
*Intentional Infliction of Emotional Distress
*Defamation
*Fraud
Employment at Will correct answers -Traditional doctrine that governs Employment
Contracts
-Either party may terminate an employment relationship ANY TIME FOR ANY REASON,
absent prior agreement to the contrary
-Doctrine is HARSH, so a number of exceptions apply based on:
*Contract Theory (Express or Implied)
*Tort Theory
, *Public Policy
employment at will exceptions based on public policy correct answers -Employee cannot be
fired if termination violates public policy
-How do you know what "public policy" is?
*Statutes (most often)
*Common Law
*Well-known Mandates
-Examples of statutes that include "public policy" that limits the "employment at will"
doctrine:
*Whistleblowing Statutes
*ADA (American's with Disabilities Act)
*FMLA (Family Medical Leave Act)
*OSHA
FLSA: Fair Labor Standards Act correct answers -COVERS ALL EMPLOYERS ENGAGED
IN INTERSTATE COMMERCE
-Critical Provisions:
*Child Labor
*Minimum Wages
*Maximum Hours
-Minimum Wage:
*Federal: $7.25 / hour
*State: may have HIGHER minimum than federal
*If employee receives tips, then employer is ONLY required to pay $2.13 / hour in wages
AS LONG AS wage + tips = at least $7.25 (if amount of wage + tips is less than $7.25,
employer must pay the difference
-Hours
*Normal: 40 Hour Week (normal) = Regular hourly wage
*Overtime: Additional hours (beyond 40 hours)
= 1.5 times regular hourly wage
-Examples of common law "public policy" well-known mandates that limit the "employment
at will" doctrine:
*Refusal to Commit an Unlawful Act;
*Fulfilling a Public Obligation
*Exercising a Statutory Right
*Whistleblowing in state that does not have a whistleblowing statute
