WGU C233 Employment Law Exam Questions With 100% Correct Answers 2024, 83 Questions and Answers. With Complete Solution.

WGU C233 Employment Law Exam Questions With 100% Correct Answers 2024, 83 Questions and Answers. With Complete Solution. Which of the following is not a purpose or function of the law? Determine procedures for changing the law Facilitate for private arrangements between individuals Settle private and public disputes Prevent desirable, or promote undesirable, behavior Prevent desirable, or promote undesirable, behavior What is a precedent? A reason a law is made A controlling rule, example, or guide An exception to the rule A group or person exempt from the laws A controlling rule, example, or guide The doctrine of a court following the precedent of an earlier court is known as: Federal rule Secondary precedence Stare decisis Judicial review Stare Decisis What is a judicial review? When a decision cannot be made in district court, it moves to Supreme Court The power of the Supreme Court to consider whether a law comports with the Constitution When a business is investigated by the Supreme Court The ability of the Supreme Court to overrule every other court The power of the Supreme Court to consider whether a law comports with the Constitution Which of the following laws has the least amount of power under the Supremacy Clause? Federal laws State laws The Constitution Treaties and federal regulations State Laws Agency is a __________ 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. Undefined Contract Informal Formal Contract An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or omissions of the employee. This employment law concept is best known as: Vicarious liability Scope of employment Respondeat superior Contracted agency Vicarious liability Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: Scope of employment Respondeat superior Dual purpose mission Employment characteristics Scope of Employment In the scope of employment context, which of the following is an example of frolic and detour? An employee runs an errand on his/her lunch break An employee runs a work errand while off work An employee runs a personal errand while driving to a meeting at a company branch office An employee works from home for the day An employee runs a personal errand while driving to a meeting at a company branch office "Let the master answer for the servant" applies to which vicarious liability doctrine? Respondeat superior Frolic and detour Tort liability Respondent inferior Respondeat superior Of the following classifications of worker, which causes the smallest obligation to the employer? Employee Independent contractor Union workers Both independent contractor and employee Independent contractor Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? The working description test The common law agency test The economic realities test The IRS 20-factor analysis The working description test What is the main purpose of the economic realities test? Discover if an organization can afford to hire more employees Determine if a business has enough economic freedom to hire and fire whomever they deem necessary Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business Understand the pressure unions are putting on the cost of business Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? Instructions: Who controls when, where, and how work is to be done? Integration: How closely are the employer's business processes linked to a worker's performance? Training: How much training does the employer give? Relationship: How many hours per year do the employee and employer spend time together outside of work? Relationship: How many ours per year do the employee and employer spend time together outside of work? Generally, partners, directors, and major shareholders are not employees. True / False True What is the definition of an employer? A person who works to provide a good or service for another An entity that produces goods and services A person who pays for the goods or services of another An entity that employs another to work on his or her behalf for pay An entity that employs another to work on his or her behalf for pay Operations of two or more employers are considered so intertwined that they can be considered a single employer for purposes of both federal statutory coverage and liability. This is known as a(n): Integrated enterprise Conglomerate Publicly traded company Free standing business Integrated enterprise When two or more entities, which are not engaged in an integrated exercise, exert control over an employee such that each entity may be considered an employer, this is known as the ___________ doctrine. Double employment Shared employment Joint employer Covered employer Joint employer A business is a(n) _____________ employment agency if it regularly procures employees for at least one covered employer. Unobligated Obligated Covered Uncovered covered Which of the following is not a qualification to fall under federal employment law statutes? An entity's membership exceeds a certain number An entity represents the employees of an employer An entity is not engaged in an industry-affecting commerce An entity maintains a hiring hall which procures employees for at least one covered employer An entity is not engaged in an industry-affecting commerce Under the Employment-At-Will Doctrine, _______________. If an employee desires to quit, he or she needs to have a legally viable reason to want to depart from the organization An employer may terminate an employee at any time, for any legal reason, without incurring liability An employer can hire whomever it wants for whatever reason it wants Only federal employers can hire and fire employees at their own will An employer may terminate an employee at any time, for any legal reason, without incurring liability The At-Will Doctrine has come under much criticism in the modern age because ____________. It gives employees too much power It allows for possible harsh consequences for the employee It only applies to federal jobs and the public feels it should apply to all jobs It diminishes the power of the employer It allows for possible harsh consequences for the employee Which of the following is not a recognized exception to at-will doctrine under the common law? Implied contract Public policy Economic sustainability Implied covenant of good faith Economic sustainability How many states recognize the public policy exception? 22 44 28 37 44 If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a public policy exception retaliatory discharge implied covenant economic sustainability Retaliatory discharge Employees may claim wrongful termination through _________ or constructive discharge. discrimination tort claims supreme court common law tort claims What is the doctrince of Constructive Discharge? Situation in which the employer helps a discharged employee locate new employment Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him/her Conditions in which an employer needs to terminate an employee due to changing business plans and strategy Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, __________ has occured. Constructive discharge Voiding a contract Intentional interference with a contract Statute of frauds Intentional interference with a contract _____________ 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. Vicarious Liability National Labor Relations Act Montana Wrongful Discharge From Employment Act Stare decisis Montana Wrongful Discharge from Employment Act The Montana Wrongful Discharge from Employment Act limits employee damages for wrongful termination to four years of compensation. True / False True _____________ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of black Americans?