WGU C233 Employment Law Exam Questions with 100%
correct answers 2024, With Complete Solution.
Supremacy Clause
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
Independent Contractor
the 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:
1. The common law agency test
2. The economic realities test
3. The IRS 20-factor analysis
Common Law Agency Test
A 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
refers to two or more employers who employ the same individual such as temp agency
and business
Covered Employment Agency
An 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
It 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
The 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
tort that produces mental anguish caused by conduct that exceeds all bounds of
decency
Montana Wrongful Discharge from Employment Act
, The 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
A 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
Set 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
The constitution governed by the 3 branches of government enforce laws for the
"welfare" of the people
Common Law
(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?
The 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?
for 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.
What action(s) may require a volunteer to be classified as an employee?
if their service results in the conferral of benefits such as a pension, group life
insurance, workers' compensation, or access to professional certification
Which members of an organization's leadership are exempt from employee
status?
Partners, corporate officers, directors, and major shareholders
List the factors used to determine whether two or more firms are considered an
integrated enterprise
interrelation between operations, such as sharing management services, payroll, and
office space, shared management, as in having a common slate of managers, officers,
and directors.
The degree of common control of labor relations, as in human resources administration
or personnel policy development
The level of shared ownership.
Describe and give examples of the following types of employment contracts:
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 his or her
correct answers 2024, With Complete Solution.
Supremacy Clause
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
Independent Contractor
the 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:
1. The common law agency test
2. The economic realities test
3. The IRS 20-factor analysis
Common Law Agency Test
A 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
refers to two or more employers who employ the same individual such as temp agency
and business
Covered Employment Agency
An 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
It 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
The 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
tort that produces mental anguish caused by conduct that exceeds all bounds of
decency
Montana Wrongful Discharge from Employment Act
, The 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
A 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
Set 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
The constitution governed by the 3 branches of government enforce laws for the
"welfare" of the people
Common Law
(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?
The 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?
for 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.
What action(s) may require a volunteer to be classified as an employee?
if their service results in the conferral of benefits such as a pension, group life
insurance, workers' compensation, or access to professional certification
Which members of an organization's leadership are exempt from employee
status?
Partners, corporate officers, directors, and major shareholders
List the factors used to determine whether two or more firms are considered an
integrated enterprise
interrelation between operations, such as sharing management services, payroll, and
office space, shared management, as in having a common slate of managers, officers,
and directors.
The degree of common control of labor relations, as in human resources administration
or personnel policy development
The level of shared ownership.
Describe and give examples of the following types of employment contracts:
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 his or her
