C233 Employment Law, exam questions well done 2024.

Supremacy Clause – Answers The Constitution mandates that the Constitution, federal law, treaties, and federal regulations are the highest laws of the land and have priority over state law Independent Contractor - Answersthe employer is not subject to wage and hour laws, anti-discrimination laws, federal employee tax withholdings, or vicarious liability law. the IRS has a keen interest in ensuring employers are not improperly classifying employees when they are really employees, and the tax penalties for improper classification are heavy. three different tests commonly used to determine if a worker is an employee or independent contractor: - Answers1. The common law agency test 2. The economic realities test 3. The IRS 20-factor analysis Common Law Agency Test - AnswersA test used to determine employee status; though it considers several factors, the most critical is whether the employer has the right or ability to control the work. ie standards of work hours, grooming, dress, billing processes, reporting procedures joint employers - Answersrefers to two or more employers who employ the same individual such as temp agency and business Covered Employment Agency - AnswersAn agency that regularly procures employees for at least one covered employer-subject to employment law regulation. A labor organization is subject to federal employment law statutes if - AnswersIt represents the employees of an employer. Its membership exceeds a certain level. It maintains a hiring hall which procures employees for at least one covered employer. It is engaged in an industry-affecting commerce. intentional interference with contract - AnswersThe tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another. perhaps a co-worker or client, pressures the employer to terminate an employee without cause Intentional Infliction of Emotional Distress - Answerstort that produces mental anguish caused by conduct that exceeds all bounds of decency Montana Wrongful Discharge from Employment Act - AnswersThe WDEA 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. Covered only for 4 years Economic Realities Test - AnswersA test by which the courts consider whether the worker is economically dependent on the business or, as a matter of economic fact, is in business for himself or herself. The deciding point is whether the worker has little freedom to exit the relationship because he or she is economically dependent on the business to which he or she renders service. IRS 20-Factor Test - AnswersSet of 20 Factors that the IRS uses to determine whether workers are employees or independent contractors. see 1:3 How does the constitution affect employment law - AnswersThe constitution governed by the 3 branches of government enforce laws for the "welfare" of the people Common Law - Answers(civil law) a law established by following earlier judicial decisions; based on precedent and customs Explain why it is important for an organization to correctly identify which workers are "employees" versus independent contractors? - AnswersThe IRS tax penalties for improper classification are heavy.1 When might a contingent employee (or temporary worker) hired from an employment agency be considered an employee? - Answersfor federal law purposes if he or she works for a long time for an employer and performs the same work, and in the same circumstances, as a traditional employee. What action(s) may require a volunteer to be classified as an employee? - Answersif their service results in the conferral of benefits such as a pension, group life insurance, workers' compensation, or access to professional certification Which members of an organization's leadership are exempt from employee status? - AnswersPartners, corporate officers, directors, and major shareholders List the factors used to determine whether two or more firms are considered an integrated enterprise - Answersinterrelation between operations, such as sharing management services, payroll, and office space, shared management, as in having a common slate of managers, officers, and directors. The degree of common control of labor relations, as in human resources administration or personnel policy development The level of shared ownership. Describe and give examples of the following types of employment contracts: Agency - Answersa contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. In the employment relationship, the employer is the principal and the employee is the agent. Describe and give examples of the following types of employment contracts: Union Contracts - Answers How might the employee handbook affect the employment contract? - Answersif an employer, either by collective bargaining agreement with a union, in express promises in an employee handbook, or by conduct, guarantees that certain remedial action - progressive discipline - will be offered, that agreement must be honored and the remedial steps followed, or the fired employee may have a claim of wrongful discharge. Moreover, if the termination violates a collective bargaining agreement it will be considered by the NLRB to be an unfair labor practice.