WGU D352 Employment And Labor Law: Questions
With Analytical Solutions
Judicial review Correct Answer - The power of the Supreme Court to
consider whether a law comports with the Constitution
Stare decisis Correct Answer - The doctrine of a court following the
precedent of an earlier court; "let the decision stand"
What is the supreme law of the land in the US? Correct Answer -
Constitution
What is common law? Correct Answer - Opinions of judges in cases
covering hundreds of years
Agency Correct Answer - a contract relationship between a principal and
an agent; principal authorizes agent to work on his/her behalf and with the
power to bind the principal
Dual purpose mission Correct Answer - An employee conducts personal
and work business at the same time (employer liable for employee's actions)
Frolic and detour Correct Answer - An employee's physical departure
from the job in order to further his/her own agenda
Integrated enterprise Correct Answer - Operations of two or more
employers are considered so intertwined they can be considered a single
employer
Scope of employment Correct Answer - Employee conduct that is
reasonably relative to a job description
Supremacy clause Correct Answer - Mandates that the Constitution,
under federal law, treaties & federal regulations are the highest laws of the
land
Tort Correct Answer - A civil wrong which causes someone harm
, Vicarious liability Correct Answer - Secondary liability from the doctrine
of respondeat superior
Three exceptions to employment at will Correct Answer - 1. Public
policy
2. Implied contract
3. Implied covenant of good faith
Public policy exception Correct Answer - Prohibits employer from
terminating an employee for reasons that violate public policy
Implied contract exception Correct Answer - A legally binding
agreement created by actions of the employer and employee
Implied covenant of good faith exception Correct Answer - A
presumption that each party in a contract will deal with each other in good
faith and fairness
Constructive discharge Correct Answer - Resignation of an employee
because an employer allows working conditions that are no longer tolerable
Describe intentional interference with a contract Correct Answer - A
third party pressures the employer to terminate an employee without cause
Title VII of the Civil Rights Act of 1964 Correct Answer - 1. Covers
public/private employers
2. Applies to employers with 15+ employees
3. Applies to protected classes based on race, color, sex, religion and national
origin
4. Enforced by EEOC
List remedies/penalties for violating Title VII of the CRA of 1964 Correct
Answer - Up to 2 years of back pay for lost earnings, compensatory
awards, punitive damages, return to job, employees may have to initiate an
affirmative action plan
Pregnancy Discrimination Act (PDA) Correct Answer - 1. Covers
public/private employers
2. Applies to employers with 15+ employees
With Analytical Solutions
Judicial review Correct Answer - The power of the Supreme Court to
consider whether a law comports with the Constitution
Stare decisis Correct Answer - The doctrine of a court following the
precedent of an earlier court; "let the decision stand"
What is the supreme law of the land in the US? Correct Answer -
Constitution
What is common law? Correct Answer - Opinions of judges in cases
covering hundreds of years
Agency Correct Answer - a contract relationship between a principal and
an agent; principal authorizes agent to work on his/her behalf and with the
power to bind the principal
Dual purpose mission Correct Answer - An employee conducts personal
and work business at the same time (employer liable for employee's actions)
Frolic and detour Correct Answer - An employee's physical departure
from the job in order to further his/her own agenda
Integrated enterprise Correct Answer - Operations of two or more
employers are considered so intertwined they can be considered a single
employer
Scope of employment Correct Answer - Employee conduct that is
reasonably relative to a job description
Supremacy clause Correct Answer - Mandates that the Constitution,
under federal law, treaties & federal regulations are the highest laws of the
land
Tort Correct Answer - A civil wrong which causes someone harm
, Vicarious liability Correct Answer - Secondary liability from the doctrine
of respondeat superior
Three exceptions to employment at will Correct Answer - 1. Public
policy
2. Implied contract
3. Implied covenant of good faith
Public policy exception Correct Answer - Prohibits employer from
terminating an employee for reasons that violate public policy
Implied contract exception Correct Answer - A legally binding
agreement created by actions of the employer and employee
Implied covenant of good faith exception Correct Answer - A
presumption that each party in a contract will deal with each other in good
faith and fairness
Constructive discharge Correct Answer - Resignation of an employee
because an employer allows working conditions that are no longer tolerable
Describe intentional interference with a contract Correct Answer - A
third party pressures the employer to terminate an employee without cause
Title VII of the Civil Rights Act of 1964 Correct Answer - 1. Covers
public/private employers
2. Applies to employers with 15+ employees
3. Applies to protected classes based on race, color, sex, religion and national
origin
4. Enforced by EEOC
List remedies/penalties for violating Title VII of the CRA of 1964 Correct
Answer - Up to 2 years of back pay for lost earnings, compensatory
awards, punitive damages, return to job, employees may have to initiate an
affirmative action plan
Pregnancy Discrimination Act (PDA) Correct Answer - 1. Covers
public/private employers
2. Applies to employers with 15+ employees
