Employment Law Quiz #1 – Practice Questions, Study Guide & Legal Review 2026
Almost all employment law occurs in federal court in front of federal judges - ANS ✔✔TRUE
Civil Procedure is VERY important in Employment Law. - ANS ✔✔TRUE
Concurrent Jurisdiction - ANS ✔✔means that two different courts have the authority to hear
the same case. (state AND federal)
Federal Subject Matter Jurisdiction - ANS ✔✔-Subject matter jurisdiction involves the court's
power over a particular type of case.
-The federal courts have diversity of citizenship jurisdiction and federal question jurisdiction.
Employment Law - ANS ✔✔Law pertaining to the rights employees have in the workplace.
What does EMPLOYMENT LAW involve? - ANS ✔✔a. Employment Discrimination
b. Employee Rights
c. Employment Contracts
d. Labor Law
e. Wage and Hour Law
f. Worker's Compensation
Who is COVERED by Employment Law? - ANS ✔✔Employees
Who is NOT covered by Employment Law? - ANS ✔✔Independent Contractors
, Employees - ANS ✔✔people who work for others where the employer has the right to control
the details of that person's work performance.
Independent Contractors - ANS ✔✔-have much more freedom on how to complete work
-are not protected by most employment laws.
- Must file Form 1099 instead of W-2
How does the Court decide if a person is an employee versus an independent contractor? - ANS
✔✔There are two tests Courts use to determine if a person is an employee OR an independent
contractor.
1. Agency Test
2. Economic Realities Test
Agency Test (5 main factors) - ANS ✔✔1.. Extent of Control over the work
2. Who supplies the tools?
3. Length of time
4. Whether the work is part of the employer's regular business?
5. Subjective intent
Almost all employment law occurs in federal court in front of federal judges - ANS ✔✔TRUE
Civil Procedure is VERY important in Employment Law. - ANS ✔✔TRUE
Concurrent Jurisdiction - ANS ✔✔means that two different courts have the authority to hear
the same case. (state AND federal)
Federal Subject Matter Jurisdiction - ANS ✔✔-Subject matter jurisdiction involves the court's
power over a particular type of case.
-The federal courts have diversity of citizenship jurisdiction and federal question jurisdiction.
Employment Law - ANS ✔✔Law pertaining to the rights employees have in the workplace.
What does EMPLOYMENT LAW involve? - ANS ✔✔a. Employment Discrimination
b. Employee Rights
c. Employment Contracts
d. Labor Law
e. Wage and Hour Law
f. Worker's Compensation
Who is COVERED by Employment Law? - ANS ✔✔Employees
Who is NOT covered by Employment Law? - ANS ✔✔Independent Contractors
, Employees - ANS ✔✔people who work for others where the employer has the right to control
the details of that person's work performance.
Independent Contractors - ANS ✔✔-have much more freedom on how to complete work
-are not protected by most employment laws.
- Must file Form 1099 instead of W-2
How does the Court decide if a person is an employee versus an independent contractor? - ANS
✔✔There are two tests Courts use to determine if a person is an employee OR an independent
contractor.
1. Agency Test
2. Economic Realities Test
Agency Test (5 main factors) - ANS ✔✔1.. Extent of Control over the work
2. Who supplies the tools?
3. Length of time
4. Whether the work is part of the employer's regular business?
5. Subjective intent
