Blaw 341 Exam 3 Questions and
Answers 100% Solved | Graded A+
Who does employment law cover? - ✔✔generally employees NOT
independent contractors
Tests to determine if someone is an employee or IC: - ✔✔1. Control test
(most common)
2.Economic realities test (not on exam)
control test - ✔✔traditional IRS test that distinguishes if someone is an
employee or an IC. asks questions regarding employer control, finances
and the type of relationship between the worker and the employer
employer control example questions
(does the employer control the following) - ✔✔-when and where the work is
done?
-what tools and equipment are used?
-where are supplies and services purchased?
-who must perform the specific work?
-what is the order or sequence of the tasks
1
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,financial question examples - ✔✔-who has the greatest unreimbursed
business expenses?
-who makes investment tools?
-how is the worker paid?
-can the worker make a profit?
-are services offered to others?
type of relationship between worker and employer - ✔✔-does a written
contract exist and does it describe the relationship?
-does employer pay benefits?
-is the relationship a one time deal of LT?
-are workers services a critical part of employers ongoing business?
employment at will doctrine - ✔✔the employer or the employee can end the
relationship at anytime for any reason.
exceptions to the employment at will doctrine: - ✔✔1. contract theory
2.tort theory
3.public policy
4. if contract itself includes provisions that do not allow the employment at
will doctrine
1. contract theory
2
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,employment at will exceptions - ✔✔-breach of contract
-breach of implied contract "reasonable expectations"
(even if no written contact exists) 24.1
-promissory estoppel= (promise is enforceable by law if promisee relies on
contract)
2. Tort Theory
Employment at will exceptions - ✔✔-most common action
-action for wrongful discharge,
-may lead to suits for:
intentional infliction of emotional distress, defamation or fraud (24.2)
3. Public policy
Employment at will exceptions - ✔✔employee cant be fired if termination
violates public policy. CAN NOT VIOLATE
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, STATUTORY LAW-(whistleblowing, ADA, FMLA, OSHA)
COMMON LAW- (refusal to commit an unlawful act, fulfilling public
obligation, exercising a statutory right and whistleblowing in a state that
does not have a whistleblowing statue) or
WELL KNOWN MANDATES-24.3
FLSA - ✔✔fair labor standards act-covers all employers engaged in
interstate commerce and production
Child labor
critical provisions of the FLSA - ✔✔under 14=only perform certain types of
work (newspaper boy, entertainment, working for parents) with working
times and maximum hour restrictions
14-15=can work but not in hazardous conditions with working times and
maximum hour restrictions
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved | Graded A+
Who does employment law cover? - ✔✔generally employees NOT
independent contractors
Tests to determine if someone is an employee or IC: - ✔✔1. Control test
(most common)
2.Economic realities test (not on exam)
control test - ✔✔traditional IRS test that distinguishes if someone is an
employee or an IC. asks questions regarding employer control, finances
and the type of relationship between the worker and the employer
employer control example questions
(does the employer control the following) - ✔✔-when and where the work is
done?
-what tools and equipment are used?
-where are supplies and services purchased?
-who must perform the specific work?
-what is the order or sequence of the tasks
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,financial question examples - ✔✔-who has the greatest unreimbursed
business expenses?
-who makes investment tools?
-how is the worker paid?
-can the worker make a profit?
-are services offered to others?
type of relationship between worker and employer - ✔✔-does a written
contract exist and does it describe the relationship?
-does employer pay benefits?
-is the relationship a one time deal of LT?
-are workers services a critical part of employers ongoing business?
employment at will doctrine - ✔✔the employer or the employee can end the
relationship at anytime for any reason.
exceptions to the employment at will doctrine: - ✔✔1. contract theory
2.tort theory
3.public policy
4. if contract itself includes provisions that do not allow the employment at
will doctrine
1. contract theory
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,employment at will exceptions - ✔✔-breach of contract
-breach of implied contract "reasonable expectations"
(even if no written contact exists) 24.1
-promissory estoppel= (promise is enforceable by law if promisee relies on
contract)
2. Tort Theory
Employment at will exceptions - ✔✔-most common action
-action for wrongful discharge,
-may lead to suits for:
intentional infliction of emotional distress, defamation or fraud (24.2)
3. Public policy
Employment at will exceptions - ✔✔employee cant be fired if termination
violates public policy. CAN NOT VIOLATE
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, STATUTORY LAW-(whistleblowing, ADA, FMLA, OSHA)
COMMON LAW- (refusal to commit an unlawful act, fulfilling public
obligation, exercising a statutory right and whistleblowing in a state that
does not have a whistleblowing statue) or
WELL KNOWN MANDATES-24.3
FLSA - ✔✔fair labor standards act-covers all employers engaged in
interstate commerce and production
Child labor
critical provisions of the FLSA - ✔✔under 14=only perform certain types of
work (newspaper boy, entertainment, working for parents) with working
times and maximum hour restrictions
14-15=can work but not in hazardous conditions with working times and
maximum hour restrictions
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
