WGU D352 Employment & Labor Law
Exam 2026 Update
Common Law
a law that comes from multiple judge's decisions in the past
Precedent
when a judge's decision is one case sets a rule or example for future cases
Stare Decisis
the idea that courts should follow past decisions to keep the law consistent
Judicial Review
the Supreme Court's job is to check if other laws follow the Constitution
Supremacy Clause
The Constitution and federal laws are the highest laws, if state laws conflict with
federal laws, federal laws win
Agency Relationship
-Principal hires an agent to represent his/her interests
-Stockholders (principals) hire managers (agents) to run the company
Liability
if the employee causes harm or makes a mistake while doing their job, the
employer might be held responsible
Vicarious Liability
when the employer is held accountable for the employee's actions because of a
rule called respondent superior
Scope of Employment
the employee is responsible for things that are a part of their job and expected by
their employer
Frolic and Detour
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if an employee is doing something for their own benefit and not the employer
Dual Purpose
If an employee is doing both personal and work-related tasks at the same time,
the employer might still be responsible
Economic Realities Test
is a way to determine whether a worker is an employee or an independent
contractor. Looks at how dependent the worker is on the business to make a living
and who controls the work
IRS 20 Factor Analysis
These are questions that determine if a worker is an employee or an independent
contractor
Integrated Enterprise
when the operations of two or more employers are so intertwined that they may
be considered a single employer
Joint Employer
Two entities, not engaged in an integrated enterprise, that each exert control over
an employee.
Covered Employment Agency
A company that meets the requirements and is subject to employment law
regulation
Covered Employer
an employer that must follow certain labor laws because of its size or type of work
Employment At-Will Doctrine
says an employee may quit and an employer may fire an employee at any time
and for any reason.
Public Policy Exception
a rule of exception to the employment-at-will doctrine that states an employer
cannot terminate an employee for reasons that violate public policy
Implied Contract
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