WGU C233 Test Bank. Employment
Law
Quizzes. ( Answered) verified.
What is judicial review? - ✔✔-The power of the Supreme Court to consider whether a law comports with
the Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals - ✔✔-Prevent desirable, or promote
undesirable behavior
What is a precedent? - ✔✔-A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as: - ✔✔-Stare decisis
What is a judicial view? - ✔✔-The power of the Supreme Court to consider whether a law comports with
the Constitution.
Which of the following laws has the least amount of power under the Supremacy Claus? - ✔✔-State
Laws
Agency is a ________ relationship (a legally binding agreement) between a principal and an agent
whereby the principal, expressly or implicitly, authorizes the agent to work on his behalf and with the
power to bind the principal. - ✔✔-Contract
An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or
omissions of the employee. This employment law is best known as: - ✔✔-Vicarious Liability
,Employee conduct which is reasonably relative to a job description and foreseeable by the employer as
part of the job description is referred to as: - ✔✔-Scope of Employment
In the scope of employment context, which of the following is an example of frolic and detour? - ✔✔-An
employee runs a personal errand while driving to a meeting at a company branch office.
"Let the master answer for the servant" applies to which vicarious liability doctrine? - ✔✔-Respondeat
superior
Of the following classifications of worker, which causes smallest obligation to the employer? -
✔✔Independent Contractor
Which of the following is NOT one of the three different tests commonly used to determine if a worker is
an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test - ✔✔-The working description test
What is the main purpose of the economic realities test? - ✔✔-Determine whether the worker has little
freedom to exit the relationship because they are economically dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed
independent contractors. Which of the following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's performance?
*Relationship: How many hours per year do the employee and employer spend time together outside of
work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done? - ✔✔-Relationship: How many
hours per year do the employee and employer spend time together outside of work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not employees. - ✔✔-TRUE
What is the definition of an employer? - ✔✔-An entity that employs another to work on his or her behalf
for pay.
,Operations of two or more employers are considered so intertwined that they can considered a single
employer for purposes of both federal statutory coverage and liability. This is knows as: - ✔✔-Integrated
Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert control over an
employee such that each entity may be considered an employer, this is known as the _______ doctrine. -
✔✔-Joint Employer
A business is a _____ employment agency if it regularly procures employees for at least one covered
employer. - ✔✔-Covered
Which of the following is NOT a qualification to fall under federal employment law statutes?
*An entity is not engaged in an industry-affecting commerce
*An entity maintains a hiring hall which procures employees for at least one covered employer
*An entity membership exceeds certain number
*An entity represents the employees of an of an employer - ✔✔-An entity is not engaged in an
industryaffecting commerce
Under the Employment-At-Will Doctrine, _____. - ✔✔-An employer may terminate an employee at any
time, for any legal reason without incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because _____. - ✔✔-It allows
for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract - ✔✔-*Economic sustainability
How many states recognize the the public policy exception? - ✔✔-44
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union
, activities, opposing unlawful discriminatory practices, filing for workers' compensation, or
"whistleblowing," the employer may face liability for a - ✔✔-retaliatory discharge
Employees may claim wrongful termination through _____ or constructive discharge. - ✔✔-tort claims
What is the doctrine of Constructive Discharge? - ✔✔-Conditions of unfairness or mistreatment exist at
work to such a degree that no reasonable employee would feel he or she had any other option but to
quit.
When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee
without cause, _____ has occured. - ✔✔-Intentional interference with a contract.
_____ 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. -
✔✔-Montana Wrongful Discharge From Employment Act
TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits employee damages for
wrongful termination to four years of compensation. - ✔✔-TRUE
______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective
in improving the rights of blank Americans? - ✔✔-Lack of enforcement
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress,
asking it to: - ✔✔-"Make a commitment it has not fully made in this century to the proposition that race
has no place in America life or law."
The Vll covers employers to have "_____ or more employees for each working day in each of twenty or
more calendar weeks in the current preceding calendar year, and any agent such a person." - ✔✔-15
TRUE or FALSE: Title Vll does not prevent employers of businesses operated in proximity to Native
American reservations from preferring Indians over others for jobs. - ✔✔-TRUE
Which of the following is not a specified protected class under Title Vll? - ✔✔-Sexual affinity or
orientation
Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce federal
antidiscrimination statutes. - ✔✔-EEOC
Law
Quizzes. ( Answered) verified.
What is judicial review? - ✔✔-The power of the Supreme Court to consider whether a law comports with
the Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals - ✔✔-Prevent desirable, or promote
undesirable behavior
What is a precedent? - ✔✔-A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as: - ✔✔-Stare decisis
What is a judicial view? - ✔✔-The power of the Supreme Court to consider whether a law comports with
the Constitution.
Which of the following laws has the least amount of power under the Supremacy Claus? - ✔✔-State
Laws
Agency is a ________ relationship (a legally binding agreement) between a principal and an agent
whereby the principal, expressly or implicitly, authorizes the agent to work on his behalf and with the
power to bind the principal. - ✔✔-Contract
An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or
omissions of the employee. This employment law is best known as: - ✔✔-Vicarious Liability
,Employee conduct which is reasonably relative to a job description and foreseeable by the employer as
part of the job description is referred to as: - ✔✔-Scope of Employment
In the scope of employment context, which of the following is an example of frolic and detour? - ✔✔-An
employee runs a personal errand while driving to a meeting at a company branch office.
"Let the master answer for the servant" applies to which vicarious liability doctrine? - ✔✔-Respondeat
superior
Of the following classifications of worker, which causes smallest obligation to the employer? -
✔✔Independent Contractor
Which of the following is NOT one of the three different tests commonly used to determine if a worker is
an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test - ✔✔-The working description test
What is the main purpose of the economic realities test? - ✔✔-Determine whether the worker has little
freedom to exit the relationship because they are economically dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed
independent contractors. Which of the following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's performance?
*Relationship: How many hours per year do the employee and employer spend time together outside of
work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done? - ✔✔-Relationship: How many
hours per year do the employee and employer spend time together outside of work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not employees. - ✔✔-TRUE
What is the definition of an employer? - ✔✔-An entity that employs another to work on his or her behalf
for pay.
,Operations of two or more employers are considered so intertwined that they can considered a single
employer for purposes of both federal statutory coverage and liability. This is knows as: - ✔✔-Integrated
Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert control over an
employee such that each entity may be considered an employer, this is known as the _______ doctrine. -
✔✔-Joint Employer
A business is a _____ employment agency if it regularly procures employees for at least one covered
employer. - ✔✔-Covered
Which of the following is NOT a qualification to fall under federal employment law statutes?
*An entity is not engaged in an industry-affecting commerce
*An entity maintains a hiring hall which procures employees for at least one covered employer
*An entity membership exceeds certain number
*An entity represents the employees of an of an employer - ✔✔-An entity is not engaged in an
industryaffecting commerce
Under the Employment-At-Will Doctrine, _____. - ✔✔-An employer may terminate an employee at any
time, for any legal reason without incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because _____. - ✔✔-It allows
for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract - ✔✔-*Economic sustainability
How many states recognize the the public policy exception? - ✔✔-44
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union
, activities, opposing unlawful discriminatory practices, filing for workers' compensation, or
"whistleblowing," the employer may face liability for a - ✔✔-retaliatory discharge
Employees may claim wrongful termination through _____ or constructive discharge. - ✔✔-tort claims
What is the doctrine of Constructive Discharge? - ✔✔-Conditions of unfairness or mistreatment exist at
work to such a degree that no reasonable employee would feel he or she had any other option but to
quit.
When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee
without cause, _____ has occured. - ✔✔-Intentional interference with a contract.
_____ 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. -
✔✔-Montana Wrongful Discharge From Employment Act
TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits employee damages for
wrongful termination to four years of compensation. - ✔✔-TRUE
______ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective
in improving the rights of blank Americans? - ✔✔-Lack of enforcement
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress,
asking it to: - ✔✔-"Make a commitment it has not fully made in this century to the proposition that race
has no place in America life or law."
The Vll covers employers to have "_____ or more employees for each working day in each of twenty or
more calendar weeks in the current preceding calendar year, and any agent such a person." - ✔✔-15
TRUE or FALSE: Title Vll does not prevent employers of businesses operated in proximity to Native
American reservations from preferring Indians over others for jobs. - ✔✔-TRUE
Which of the following is not a specified protected class under Title Vll? - ✔✔-Sexual affinity or
orientation
Which federal agency was created by the Civil Rights act of 1964 and tasked to enforce federal
antidiscrimination statutes. - ✔✔-EEOC
