WGU D352 Final Exam (Latest Update
) Employment and Labor Law
| Guide Questions & Answers | Grade A |
100% Correct (Verified Solutions)
Section 1: Introduction to Employment Law & Legal Framework (Q1-20)
Q1. Which of the following is the primary source of employment law in the
United States?
• A. The Uniform Commercial Code
• B. Common law, statutes, and administrative regulations
• C. Only federal statutes
• D. The United Nations Charter
✅ Rationale: Employment law in the U.S. is derived from multiple sources,
including common law (judge-made law), statutory law (federal and state statutes
like Title VII, FLSA, FMLA), and administrative regulations (EEOC, DOL). There
is no single, unified code .
Q2. The doctrine of "employment at-will" means that:
• A. An employee can only be fired for cause
• B. An employer can terminate an employee at any time for any reason,
as long as it is not an illegal reason
• C. An employee must give two weeks' notice before quitting
, • D. An employment contract must be renewed annually
✅ Rationale: Employment at-will is the default rule in most U.S. states. Either
party can terminate the employment relationship at any time, with or without
cause, unless there is a contract or a specific legal exception .
Q3. Which of the following is a recognized exception to the employment at-
will doctrine?
• A. The employer had a bad day
• B. The employee was terminated for refusing to perform an illegal act
(public policy exception)
• C. The employee was two minutes late
• D. The employer found a younger worker to replace an older worker
✅ Rationale: The public policy exception protects employees from termination
for reasons that violate a clear public policy, such as refusing to break the law,
reporting illegal activity, or performing a civic duty like jury service .
Q4. An independent contractor, as opposed to an employee:
• A. Has taxes withheld by the hiring entity
• B. Is entitled to overtime pay under the FLSA
• C. Controls the means and methods of their own work
• D. Is covered by Title VII of the Civil Rights Act
✅ Rationale: The key distinction is the degree of control exercised by the hiring
entity. An independent contractor retains control over how the work is performed,
while an employee is subject to the employer's control .
Q5. The doctrine of a court following the precedent of an earlier court is
known as:
• A. Stare decisis
, • B. Judicial review
• C. Secondary precedence
• D. Federal rule
✅ Rationale: Stare decisis (Latin for "let the decision stand") is the doctrine of a
court following the precedent of an earlier court. This predictability is achieved
when judges follow the precedent established by earlier court decisions .
Q6. What is a precedent?
• A. A controlling rule, example, or guide
• B. An exception to the rule
• C. A reason a law is made
• D. A group or person exempt from the laws
✅ Rationale: When a court decides a legal controversy in a way that establishes a
controlling rule, example, or guide, it is said to have established a precedent. This
provides a framework for other judges to follow in deciding later cases .
Q7. Which of the following is NOT a purpose or function of the law?
• A. Determine procedures for changing the law
• B. Facilitate private arrangements between individuals
• C. Settle private and public disputes
• D. Prevent desirable, or promote undesirable, behavior
✅ Rationale: The incorrect answer is precisely the opposite of one of the
functions of law, which is to encourage good behavior and act as a deterrent to bad
behavior .
Q8. Under the Internal Revenue Service (IRS) test, which factor is considered
in determining whether a worker is an employee or an independent
contractor?
, • A. The worker's personal preferences
• B. The degree of behavioral and financial control the business has over
the worker
• C. The worker's level of education
• D. The location of the worker's home
✅ Rationale: The IRS 20-factor analysis focuses on behavioral control (how the
work is done), financial control (who pays expenses, provides tools), and the type
of relationship between the parties .
Q9. Which of the following classifications of worker causes the smallest
obligation to the employer?
• A. Employee
• B. Independent contractor
• C. Union workers
• D. Both independent contractor and employee
✅ Rationale: If a worker is an independent contractor, the employer is not subject
to wage and hour, anti-discrimination, federal employee tax withholding, or
vicarious liability law. Given these factors, employers are often eager to classify
workers as independent contractors rather than employees .
Q10. An employer can be exposed to liability in tort for the acts or omissions
of an employee. This concept is best known as:
• A. Contracted agency
• B. Vicarious liability
• C. Respondeat superior
• D. Scope of employment
✅ Rationale: Vicarious liability is a form of secondary liability that comes from
the doctrine of respondeat superior ("let the master answer for the servant").
) Employment and Labor Law
| Guide Questions & Answers | Grade A |
100% Correct (Verified Solutions)
Section 1: Introduction to Employment Law & Legal Framework (Q1-20)
Q1. Which of the following is the primary source of employment law in the
United States?
• A. The Uniform Commercial Code
• B. Common law, statutes, and administrative regulations
• C. Only federal statutes
• D. The United Nations Charter
✅ Rationale: Employment law in the U.S. is derived from multiple sources,
including common law (judge-made law), statutory law (federal and state statutes
like Title VII, FLSA, FMLA), and administrative regulations (EEOC, DOL). There
is no single, unified code .
Q2. The doctrine of "employment at-will" means that:
• A. An employee can only be fired for cause
• B. An employer can terminate an employee at any time for any reason,
as long as it is not an illegal reason
• C. An employee must give two weeks' notice before quitting
, • D. An employment contract must be renewed annually
✅ Rationale: Employment at-will is the default rule in most U.S. states. Either
party can terminate the employment relationship at any time, with or without
cause, unless there is a contract or a specific legal exception .
Q3. Which of the following is a recognized exception to the employment at-
will doctrine?
• A. The employer had a bad day
• B. The employee was terminated for refusing to perform an illegal act
(public policy exception)
• C. The employee was two minutes late
• D. The employer found a younger worker to replace an older worker
✅ Rationale: The public policy exception protects employees from termination
for reasons that violate a clear public policy, such as refusing to break the law,
reporting illegal activity, or performing a civic duty like jury service .
Q4. An independent contractor, as opposed to an employee:
• A. Has taxes withheld by the hiring entity
• B. Is entitled to overtime pay under the FLSA
• C. Controls the means and methods of their own work
• D. Is covered by Title VII of the Civil Rights Act
✅ Rationale: The key distinction is the degree of control exercised by the hiring
entity. An independent contractor retains control over how the work is performed,
while an employee is subject to the employer's control .
Q5. The doctrine of a court following the precedent of an earlier court is
known as:
• A. Stare decisis
, • B. Judicial review
• C. Secondary precedence
• D. Federal rule
✅ Rationale: Stare decisis (Latin for "let the decision stand") is the doctrine of a
court following the precedent of an earlier court. This predictability is achieved
when judges follow the precedent established by earlier court decisions .
Q6. What is a precedent?
• A. A controlling rule, example, or guide
• B. An exception to the rule
• C. A reason a law is made
• D. A group or person exempt from the laws
✅ Rationale: When a court decides a legal controversy in a way that establishes a
controlling rule, example, or guide, it is said to have established a precedent. This
provides a framework for other judges to follow in deciding later cases .
Q7. Which of the following is NOT a purpose or function of the law?
• A. Determine procedures for changing the law
• B. Facilitate private arrangements between individuals
• C. Settle private and public disputes
• D. Prevent desirable, or promote undesirable, behavior
✅ Rationale: The incorrect answer is precisely the opposite of one of the
functions of law, which is to encourage good behavior and act as a deterrent to bad
behavior .
Q8. Under the Internal Revenue Service (IRS) test, which factor is considered
in determining whether a worker is an employee or an independent
contractor?
, • A. The worker's personal preferences
• B. The degree of behavioral and financial control the business has over
the worker
• C. The worker's level of education
• D. The location of the worker's home
✅ Rationale: The IRS 20-factor analysis focuses on behavioral control (how the
work is done), financial control (who pays expenses, provides tools), and the type
of relationship between the parties .
Q9. Which of the following classifications of worker causes the smallest
obligation to the employer?
• A. Employee
• B. Independent contractor
• C. Union workers
• D. Both independent contractor and employee
✅ Rationale: If a worker is an independent contractor, the employer is not subject
to wage and hour, anti-discrimination, federal employee tax withholding, or
vicarious liability law. Given these factors, employers are often eager to classify
workers as independent contractors rather than employees .
Q10. An employer can be exposed to liability in tort for the acts or omissions
of an employee. This concept is best known as:
• A. Contracted agency
• B. Vicarious liability
• C. Respondeat superior
• D. Scope of employment
✅ Rationale: Vicarious liability is a form of secondary liability that comes from
the doctrine of respondeat superior ("let the master answer for the servant").
