WGU D352 EMPLOYMENT AND LABOR LAW
OA 93 ACTUAL TEST QUESTIONS AND
SOLVED ANSWERS
◉ What does the U.S. Constitution accomplish?
Answer: It divides power between the branches of government.
◉ Under which legal system do prior judicial decisions control later
cases?
Answer: common law
◉ What is the central element of the common law agency test for an
independent contractor?
Answer: Level of control retained by the worker
◉ Which question is part of the IRS 20-Factor Analysis for
determining whether a worker is an employee or an independent
contractor?
Answer: How much training does the employer give?
◉ What does scope of employment mean under the respondeat
superior doctrine?
, Answer: Conduct relevant to a job description
◉ What determines employer liability under the respondeat
superior doctrine?
Answer: The scope of employment
◉ Which term indicates that an employer may terminate an
employee at any time, for any legal reason, without incurring
liability?
Answer: Employment-at-will
◉ Due to financial cuts, a supervisor decides to lay off an average-
performing worker who has been with the company for five years.
The worker is concerned that this action is illegal because there was
no reason given for their firing during the meeting with their
supervisor. What gives the employer the legal right to do this?
Answer: Employment-at-will
◉ An employee works for the United States Department of Defense,
a public employer. Personal information in the employee's personnel
files has been released to the public. Under which law may this
employee sue to recover damages?
Answer: The Privacy Act of 1974
OA 93 ACTUAL TEST QUESTIONS AND
SOLVED ANSWERS
◉ What does the U.S. Constitution accomplish?
Answer: It divides power between the branches of government.
◉ Under which legal system do prior judicial decisions control later
cases?
Answer: common law
◉ What is the central element of the common law agency test for an
independent contractor?
Answer: Level of control retained by the worker
◉ Which question is part of the IRS 20-Factor Analysis for
determining whether a worker is an employee or an independent
contractor?
Answer: How much training does the employer give?
◉ What does scope of employment mean under the respondeat
superior doctrine?
, Answer: Conduct relevant to a job description
◉ What determines employer liability under the respondeat
superior doctrine?
Answer: The scope of employment
◉ Which term indicates that an employer may terminate an
employee at any time, for any legal reason, without incurring
liability?
Answer: Employment-at-will
◉ Due to financial cuts, a supervisor decides to lay off an average-
performing worker who has been with the company for five years.
The worker is concerned that this action is illegal because there was
no reason given for their firing during the meeting with their
supervisor. What gives the employer the legal right to do this?
Answer: Employment-at-will
◉ An employee works for the United States Department of Defense,
a public employer. Personal information in the employee's personnel
files has been released to the public. Under which law may this
employee sue to recover damages?
Answer: The Privacy Act of 1974
