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Test Bank For Employment Law for Business 10th Edition by Dawn Bennett-Alexander | All Chapters | Complete Latest Guide.

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Test Bank For Employment Law for Business 10th Edition by Dawn Bennett-Alexander | All Chapters | Complete Latest Guide. Answers are at the End of Each Chapter Chapter 01: Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Agency law, based on the traditional law called master and servant, governs employment relationships. ⊚ true ⊚ false 2) In an employment-agency relationship, if an agent acts beyond his or her authority, the principal may be liable for any resulting loss to a third party. ⊚ true ⊚ false 3) Myra provides accounting services as an independent contractor for Great Northern. Because of this relationship, Great Northern is responsible for withholding and paying Myra's employment taxes, including federal unemployment compensation (FUTA), Social Security (FICA) and FICA excise tax. ⊚ true ⊚ false 4) Employers are not liable for most torts committed by an independent contractor within the scope of the working relationship. ⊚ true ⊚ false 5) There is a single commonly accepted definition of "employee" used by courts, employers, and the government. ⊚ true ⊚ false 6) Fresh Ideas employs part-time workers through a staffing firm. After the staffing firm sent over a part-time office assistant, Fresh Ideas asked the firm to replace her with someone from a different race. The replaced office assistant cannot proceed with a discrimination claim under Title VII of the Civil Rights Act since she (the part-time office assistant) was never an employee of Fresh Ideas. ⊚ true ⊚ false MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 7) If an employee has a car accident while driving a company car from one company office to another, the employer may be liable to the owner of the other vehicle under which legal theory? A) Vicarious liability B) Joint liability C) Strict liability D) Negligence 8) Which federal law protects employees from unfair labor practices of employers? A) Occupational Safety and Health Act B) National Labor Relations Act C) Fair Labor Standards Act D) Labor Management Relations Act 9) A willful misclassification of workers by an employer may result in harsh sanctions, including imprisonment and a fine of up to $10,000, under which federal law? A) Federal Unemployment Compensation Act (FUTA) B) Fair Labor Standards Act (FLSA) C) National Labor Relations Act (NLRA) D) Federal Insurance Contributions Act (FICA) 10) Which of the following is currently considered to be the leading test to determine employee status? A) Common-law agency test B) IRS 20-factor analysis C) Economics realities test D) Degree of control test 11) How many employees must an entity have under The Civil Rights Act of 1866 to qualify as an employer under the Act? A) 15 employees B) 20 employees C) 50 employees D) No minimum requirement 12) The Rehabilitation Act of 1973 applies to government contractors that maintain contracts with the federal government in excess of how much annually? A) $1,000 B) $5,000 C) $10,000 D) No minimum dollar amount 13) CMS, Inc. solicited bids from various contractors to develop and maintain the grounds of its new office complex. Roberta, the head of facilities management at CMS, told her secretary, LeAnne, that she will not accept any bids from a Russian contractor. She then rejected a bid made by a Russian contractor without any legitimate reason. If the Russian contractor brings a lawsuit against CMS for discrimination, what is the likely result? A) Roberta's refusal to hire Russian contractors will be found to be a violation of the Social Security Act. B) Roberta's refusal to hire Russian contractors will be found to be a violation of the Consumer Protection Act. C) Roberta's refusal to hire Russian contractors will not be considered an offense because employers in the United States are free to discriminate against employees based on their race or national origin. D) Roberta's refusal to hire Russian contractors will not be considered a violation of Title VII of the Civil Rights Act because that law does not cover discrimination against independent contractors. 14) Riley is a freelance handyman hired by Bob’s Burgers whenever small repairs are needed in the store. Riley is paid per project and usually works at Bob’s Burgers one day a month. Which of the following is likely true of this scenario? A) Bob’s burgers will need to withhold a certain percentage of Riley's wages for federal income tax purposes. B) Riley cannot be held liable for any torts committed by him within the scope of the working relationship. C) Riley can make a claim for medical or retirement benefits from Bob’s Burgers as he is an employee. D) Riley cannot make a claim for medical or retirement benefits from Bob’s Burgers as he is an independent contractor. 15) Employment law based on agency principles imposes a duty on an employee to act as authorized. If the employee exceeds his or her authority, the employer is: A) not liable for any loss or damage that results from the employee's unauthorized acts. B) liable for damages or losses incurred by third parties and has no recourse against the employee for the losses incurred. C) liable for damages or losses incurred by third parties, while the employee remains liable to the employer. D) not liable for any loss or damage incurred by third parties, unless the damage is beyond $35,000. 16) Nelson is misclassified as an independent contractor for FunTime Toys. He is actually an employee. While driving to a meeting at FunTime's headquarters, Nelson caused a car accident in which a cab driver was hurt. Upon investigation, it was found that Nelson was on the phone with one of the managers at FunTime when he was driving that day. Which of the following may be true in the context of liability for the accident? A) FunTime has no liability, because Nelson is classified by FunTime as an independent contractor. B) FunTime has vicarious liability. C) FunTime has no liability even if Nelson is an employee. D) FunTime has strict liability. 17) Chris stocks shelves for a grocery store. While unloading cases of soda, Chris dropped a case on a customer’s foot causing a severe break. Which of the following is true of the scenario? A) The grocery store is not vicariously liable because it was an accident. B) The grocery store is vicariously liable because Chris was not acting within the course of employment. C) The grocery store is not vicariously liable because Chris was not acting within the course of employment. D) The grocery store is vicariously liable because Chris was acting within the course of employment. 18) Salvatore and Annette are sales managers for Acme USA. Both work full-time in the Acme offices under the same manager, and share the same type of job responsibilities. Salvatore was hired as an employeeand is paid a salary. Required federal and state tax withholdings are made by Acme for Salvatore. Annette was hired as an independent contractorand is paid by the project. No federal and state withholdings are taken for Annette, and she does not receive retirement or health insurance benefits. Which of the following is likely true? A) Acme properly classified Annette as an independent contractor. B) Acme willfully misclassified Annette as an independent contractor and is liable under Fair Labor Standards Act of 1938. C) Acme has no rights to withhold federal and state taxes for Salvatore if he is classified as a full-time employee. D) Acme has to provide more health and retirement benefits to Annette than Salvatore because Annette is an independent contractor.


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