WGU D352 V2 Employment and Labor
Law Exam with Correct Answers 2026
Disability defined by ADA
A physical or mental condition that hinders an employee's movement or activities.
"Key Employee" defined by FMLA
a salaried, FMLA-eligible employee who is among the highest paid 10 percent of
all the employees employed by the employer within 75 miles of the employee's
worksite.
agency
A contract relationship between a principal and an agent whereby the principal
authorizes the agent to work on their behalf and with power to bind the principal
Appropriation of Image or Likeness
A type of tort in which an employer uses the name, image, or likeness of an
employee for commercial purposes in a way that is not described in the job
description.
Assumption of Risk
A doctrine under which a plaintiff may not recover for injuries or damage suffered
from risks he or she knows of and has voluntarily assumed.
precedent
an example that may serve as a basis for imitation or later action
tort
A civil wrong
Vicarious Liability
Indirect liability imposed on a supervisory party (such as an employer) for the
actions of a subordinate (such as an employee) because of the relationship
between the two parties.
Scope of Employment
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Employee conduct that is reasonably relative to a job description.
Frolic and Detour
An employee's physical departure from the job in order to further his or her own
interests and not the employer's.
Going and Coming Rule
A legal principle that removes an employer's liability from employees' actions
going to and from their place of employment.
dual-purpose mission
Occurs when an employee conducts personal and work business at the same time;
subjecting the employer to liability for the employee's actions
Supremacy Clause
Federal law is supreme over state law
Authorization cards
Cards signed by employees to indicate that they want union representation.
bargaining unit
the group of employees the union will be authorized to represent
Bona Fide Occupational Qualification (BFOQ)
a necessary (not merely preferred) qualification for performing a job
Breach of Duty (Negligence)
A claim in which an employer has provided an untrue reference that omits
information about an employee's dangerous and/or criminal behavior
Business Necessity
A defense to allegations of employment discrimination in which the employer
demonstrates that an employment practice that discriminates against members of
a protected class is related to job performance.
closed-shop union
An illegal requirement that an employee be a union member
collective bargaining
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