C233 Employment Law Exam Questions with 100% Correct Answers

C233 Employment Law Exam Questions with 100% Correct Answers Supremacy Clause - answerThe Constitution mandates that the Constitution, federal law, treaties, and federal regulations are the highest laws of the land and have priority over state law Independent Contractor - answerthe employer is not subject to wage and hour laws, anti- discrimination laws, federal employee tax withholdings, or vicarious liability law. the IRS has a keen interest in ensuring employers are not improperly classifying employees when they are really employees, and the tax penalties for improper classification are heavy. three different tests commonly used to determine if a worker is an employee or independent contractor: - answer1. The common law agency test 2. The economic realities test 3. The IRS 20-factor analysis Common Law Agency Test - answerA test used to determine employee status; though it considers several factors, the most critical is whether the employer has the right or ability to control the work. ie standards of work hours, grooming, dress, billing processes, reporting procedures joint employers - answerrefers to two or more employers who employ the same individual such as temp agency and business Covered Employment Agency - answerAn agency that regularly procures employees for at least one covered employer-subject to employment law regulation. A labor organization is subject to federal employment law statutes if - answerIt represents the employees of an employer. Its membership exceeds a certain level. It maintains a hiring hall which procures employees for at least one covered employer. It is engaged in an industry-affecting commerce. intentional interference with contract - answerThe tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another. perhaps a co-worker or client, pressures the employer to terminate an employee without cause Intentional Infliction of Emotional Distress - answertort that produces mental anguish caused by conduct that exceeds all bounds of decency Montana Wrongful Discharge from Employment Act - answerThe WDEA prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. Covered only for 4 years Economic Realities Test - answerA test by which the courts consider whether the worker is economically dependent on the business or, as a matter of economic fact, is in business for himself or herself. The deciding point is whether the worker has little freedom to exit the relationship because he or she is economically dependent on the business to which he or she renders service. IRS 20-Factor Test - answerSet of 20 Factors that the IRS uses to determine whether workers are employees or independent contractors. see 1:3 How does the constitution affect employment law - answerThe constitution governed by the 3 branches of government enforce laws for the "welfare" of the people Common Law - answer(civil law) a law established by following earlier judicial decisions; based on precedent and customs Explain why it is important for an organization to correctly identify which workers are "employees" versus independent contractors? - answerThe IRS tax penalties for improper classification are heavy.1 When might a contingent employee (or temporary worker) hired from an employment agency be considered an employee? - answerfor federal law purposes if he or she works for a long time for an employer and performs the same work, and in the same circumstances, as a traditional employee.