Blaw 243 Exam 3 Questions With
What category of worker do "Employment laws" generally cover? - ANSWER
Employment laws generally cover "_Employees_", NOT those doing work as
"_independent contractors"
Control test - ANSWER traditional IRS test used to distinguish
Employees from IC's
-has 3 categories
- determine if worker is independent contractor or employee
Control test questions - ANSWER - When and where work is done;
- Tools and equipment used;
- Where supplies and services are purchased;
- Who must perform specific work;
- Order or sequence of work tasks
financial questions of control test - ANSWER -Who has greatest unreimbursed
business expenses;
-Who make investment in tools, etc.;
-Whether services are offered to others;
-How is worker paid;
-Can worker make a "profit"
factors of "control test" - types of relationship: - ANSWER -Does a written
contract exist and does it DESCRIBE the relationship;
-Does employer pay benefits;
-Is relationship one-time or long term;
-Are worker's services a critical part of employer's ongoing business
Phoenix Corporation hired Erika to make whistles. Under the terms of the
agreement, Erika was to be paid a fixed sum without benefits, she was to craft
the whistles in her shop, she could use any suppliers she choose, and she had 3
months during which to complete the project. If a dispute arises and a court
must determine Erika's employment status, which of the following is the most
likely outcome?
A. Erika is an employee of Phoenix
B. Erika is an independent contractor - ANSWER B. Erika is an independent
contractor
,True or False:
Under the basic "at will" doctrine, "at will" employees can be terminated at any
time without cause. - ANSWER true
True or false:
Either party may terminate an employment relationship
ANY TIME FOR ANY REASON,
absent prior agreement to the contrary - ANSWER true!
Exceptions to doctrine at will - ANSWER 1. contract theory
2. tort theory
3. public policy
-Say in contract that you can only be fired if embezzle - that is an expressed
contract- only fired if do that thing
- Employer less you go a few months ago and you didn't embezzle
- You can claim you had contract with them that they breached
implied contract as an exception to employment at will - ANSWER - employee's
"reasonable expectations"
- - Look for some way that employer notified you of termination policy but gave
you reasonable expectation to believe that you could keep your job
tort theory - exception to employment at will - ANSWER -Tort action an employee
may file if an employer improperly discharges an employee.
-In limited situations when employer's discharge is deemed abusive, the
discharge of an employee may also lead to suits for:
-Intentional Infliction of Emotional Distress (IIED) - employer yells at you at lunch
in front of everyone
-Defamation
-Fraud
public policy - exception to employment at will - ANSWER - employee cannot be
fired if termination violates public policy
how do you know what public policy is? - ANSWER -Statutes (most often)
-Common Law
-Well-known Mandates - no law but it seems like getting fired for that reason
shouldn't't be possible
-If there is a law out there, which states employee who does what you did cant
be fired, then that's not ok
,Examples of statutes that include "public policy" that limits the "employment at
will" doctrine: - ANSWER -Whistleblowing Statutes
-ADA (American's with Disabilities Act)
-FMLA (Family Medical Leave Act)
-OSHA
Examples of common law "public policy" well-known mandates that limit the
"employment at will" doctrine: - ANSWER -Refusal to Commit an Unlawful Act;
-Fulfilling a Public Obligation
-Exercising a Statutory Right
-Whistleblowing in state that does not have a whistleblowing statute
Matt was summoned for jury duty and was required to leave his job for two
months. Upon his return, his employer said his position had been filled. Does
Matt have a valid claim for wrongful discharge against his employer? - ANSWER
YES
Fair labor standards act - ANSWER COVERS ALL EMPLOYERS ENGAGED IN
INTERSTATE COMMERCE
Critical provisions of fair labor standards act - ANSWER Child Labor
Minimum Wages
Maximum Hours
child under 14 - ANSWER Can only perform certain types of work like newspaper
delivery, some agriculture, entertainment, work for parents: working times and
hour restriction
Working time and Maximum hour restrictions apply
child 14-15 - ANSWER May work, but not in hazardous industries
Working time and Maximum hour restrictions apply
child 18-18th bday - ANSWER May work, but cannot be employed in hazardous
jobs or jobs detrimental to health or well-being
NO restrictions on working times/max hours
Bill owns a U.S. factory that makes clothes. Can Bill hire Sally, a 12 year old girl,
to work the sewing machines in his shop? (Sally is not related to Bill.)
A.No, assuming clothing manufactures are not an industry that permits child
labor;
, B. Yes, but Sally can only work during certain times of the day and for a limited
number of hours - ANSWER A.No, assuming clothing manufactures are not an
industry that permits child labor;
minimum wage - ANSWER Federal: $7.25 / hour
State: may have HIGHER minimum than federal
min wage and tips - ANSWER If employee receives tips, then employer is ONLY
required to pay $2.13 / hour in wages AS LONG AS wage + tips = at least $7.25
(if amount of wage + tips is less than $7.25, employer must pay the difference)
test for overtime - ANSWER Employee worked overtime but was not paid for the
overtime hours;
AND
Employer knew or should have known employee worked overtime hours
Types of Workers EXEMPT from Overtime 1.5 times pay (not entitled to
additional pay): - ANSWER Executive Employees
Administrative Employees
Professional Employees
Ben is an accountant. He works for a large accounting firm and earns a fixed
salary. Ben usually works 40 hours per week, but for 8 weeks this year he
worked 60 hours per week. Under the FLSA, is Ben entitled to 1.5 times his
regular weekly wage for 20 hours per week for the 8 weeks during which he
worked longer hours? - ANSWER NO
-Think about what bens position is
-Worker that makes hourly wage?
-Or is he considered and executive, administrative, professional worker who
makes a salary
-He is an accountant - so professional so NOT ENTITLED TO OVERTIME
worker adjustment and retraining notification act (warn) (federal) - ANSWER
Federal Law requires large employers (100+ employees) to provide 60 days
notice prior to any
a) mass layoff (affect 1/3 of employees) OR
b) plant closure that affects 50 or more full-time workers. Notice must be given
to BOTH
1. worker (or worker's representative) AND
2. state and local gov't authorities
What category of worker do "Employment laws" generally cover? - ANSWER
Employment laws generally cover "_Employees_", NOT those doing work as
"_independent contractors"
Control test - ANSWER traditional IRS test used to distinguish
Employees from IC's
-has 3 categories
- determine if worker is independent contractor or employee
Control test questions - ANSWER - When and where work is done;
- Tools and equipment used;
- Where supplies and services are purchased;
- Who must perform specific work;
- Order or sequence of work tasks
financial questions of control test - ANSWER -Who has greatest unreimbursed
business expenses;
-Who make investment in tools, etc.;
-Whether services are offered to others;
-How is worker paid;
-Can worker make a "profit"
factors of "control test" - types of relationship: - ANSWER -Does a written
contract exist and does it DESCRIBE the relationship;
-Does employer pay benefits;
-Is relationship one-time or long term;
-Are worker's services a critical part of employer's ongoing business
Phoenix Corporation hired Erika to make whistles. Under the terms of the
agreement, Erika was to be paid a fixed sum without benefits, she was to craft
the whistles in her shop, she could use any suppliers she choose, and she had 3
months during which to complete the project. If a dispute arises and a court
must determine Erika's employment status, which of the following is the most
likely outcome?
A. Erika is an employee of Phoenix
B. Erika is an independent contractor - ANSWER B. Erika is an independent
contractor
,True or False:
Under the basic "at will" doctrine, "at will" employees can be terminated at any
time without cause. - ANSWER true
True or false:
Either party may terminate an employment relationship
ANY TIME FOR ANY REASON,
absent prior agreement to the contrary - ANSWER true!
Exceptions to doctrine at will - ANSWER 1. contract theory
2. tort theory
3. public policy
-Say in contract that you can only be fired if embezzle - that is an expressed
contract- only fired if do that thing
- Employer less you go a few months ago and you didn't embezzle
- You can claim you had contract with them that they breached
implied contract as an exception to employment at will - ANSWER - employee's
"reasonable expectations"
- - Look for some way that employer notified you of termination policy but gave
you reasonable expectation to believe that you could keep your job
tort theory - exception to employment at will - ANSWER -Tort action an employee
may file if an employer improperly discharges an employee.
-In limited situations when employer's discharge is deemed abusive, the
discharge of an employee may also lead to suits for:
-Intentional Infliction of Emotional Distress (IIED) - employer yells at you at lunch
in front of everyone
-Defamation
-Fraud
public policy - exception to employment at will - ANSWER - employee cannot be
fired if termination violates public policy
how do you know what public policy is? - ANSWER -Statutes (most often)
-Common Law
-Well-known Mandates - no law but it seems like getting fired for that reason
shouldn't't be possible
-If there is a law out there, which states employee who does what you did cant
be fired, then that's not ok
,Examples of statutes that include "public policy" that limits the "employment at
will" doctrine: - ANSWER -Whistleblowing Statutes
-ADA (American's with Disabilities Act)
-FMLA (Family Medical Leave Act)
-OSHA
Examples of common law "public policy" well-known mandates that limit the
"employment at will" doctrine: - ANSWER -Refusal to Commit an Unlawful Act;
-Fulfilling a Public Obligation
-Exercising a Statutory Right
-Whistleblowing in state that does not have a whistleblowing statute
Matt was summoned for jury duty and was required to leave his job for two
months. Upon his return, his employer said his position had been filled. Does
Matt have a valid claim for wrongful discharge against his employer? - ANSWER
YES
Fair labor standards act - ANSWER COVERS ALL EMPLOYERS ENGAGED IN
INTERSTATE COMMERCE
Critical provisions of fair labor standards act - ANSWER Child Labor
Minimum Wages
Maximum Hours
child under 14 - ANSWER Can only perform certain types of work like newspaper
delivery, some agriculture, entertainment, work for parents: working times and
hour restriction
Working time and Maximum hour restrictions apply
child 14-15 - ANSWER May work, but not in hazardous industries
Working time and Maximum hour restrictions apply
child 18-18th bday - ANSWER May work, but cannot be employed in hazardous
jobs or jobs detrimental to health or well-being
NO restrictions on working times/max hours
Bill owns a U.S. factory that makes clothes. Can Bill hire Sally, a 12 year old girl,
to work the sewing machines in his shop? (Sally is not related to Bill.)
A.No, assuming clothing manufactures are not an industry that permits child
labor;
, B. Yes, but Sally can only work during certain times of the day and for a limited
number of hours - ANSWER A.No, assuming clothing manufactures are not an
industry that permits child labor;
minimum wage - ANSWER Federal: $7.25 / hour
State: may have HIGHER minimum than federal
min wage and tips - ANSWER If employee receives tips, then employer is ONLY
required to pay $2.13 / hour in wages AS LONG AS wage + tips = at least $7.25
(if amount of wage + tips is less than $7.25, employer must pay the difference)
test for overtime - ANSWER Employee worked overtime but was not paid for the
overtime hours;
AND
Employer knew or should have known employee worked overtime hours
Types of Workers EXEMPT from Overtime 1.5 times pay (not entitled to
additional pay): - ANSWER Executive Employees
Administrative Employees
Professional Employees
Ben is an accountant. He works for a large accounting firm and earns a fixed
salary. Ben usually works 40 hours per week, but for 8 weeks this year he
worked 60 hours per week. Under the FLSA, is Ben entitled to 1.5 times his
regular weekly wage for 20 hours per week for the 8 weeks during which he
worked longer hours? - ANSWER NO
-Think about what bens position is
-Worker that makes hourly wage?
-Or is he considered and executive, administrative, professional worker who
makes a salary
-He is an accountant - so professional so NOT ENTITLED TO OVERTIME
worker adjustment and retraining notification act (warn) (federal) - ANSWER
Federal Law requires large employers (100+ employees) to provide 60 days
notice prior to any
a) mass layoff (affect 1/3 of employees) OR
b) plant closure that affects 50 or more full-time workers. Notice must be given
to BOTH
1. worker (or worker's representative) AND
2. state and local gov't authorities
