EMPLOYMENT WGU C233 LAW EXAM / LATEST WGU
C233 EMPLOYMENT ACTUAL LAW EXAM COMPLETE
REAL EXAM QUESTIONS AND CORRECT VERIFIED
ANSWERS (A NEW UPDATED VERSION) |GUARANTEED
PASS A+ (BRAND NEW!!)
Employer goals and interests - ANSWER: 1) Keep the cost of labor low, 2) Prevent
unilateral resignation esp. to work for a competitor, 3) Preserve unilateral right to
discharge unneeded workers, 4) Maximize managerial control (disciplinary
discharge), and 5) Prevent trade spillover loss of investment in training.
Employee goals and interests - ANSWER: 1) Maximize wages and benefits, 2)
Preserve unilateral right to resign and to seek other work, 3) Prevent unilateral
discharge or ameliorate consequences, 4) Retain autonomy, especially by limiting
disciplinary discharge, 5) Preserve right to use knowledge, skills, relationships in
other jobs.
What are the three models of employment? - ANSWER: Individual contract model,
Collective contract model, and Public employment.
What are the three possible durations of employment? What type is presumed if
there's no express agreement? - ANSWER: 1) To continue indefinitely, terminable at
will of either party, 2) To continue for definite term, renewed on mutual will, and 3)
To continue indefinitely, but one party can terminate only for cause while other can
terminate at will. At will employment is presumed unless there's an express
agreement to the contrary.
What is a unilateral promise? - ANSWER: A promise for something other than a
promise. Employer promises to pay rate of pay in return for employee's work. Pay is
promised because payment must be deferred until after work but employee
promises nothing (can be used but may be fired for displeasing employer).
Assent requires __________________ of offer but not of all its details. - ANSWER:
awareness
Suppose Halliburton required each employee to sign an acknowledgement and
acceptance of the arbitration policy. Myers received the policy and
acknowledgement form but he refused to sign it. His supervisor did not press the
matter, either because he wished to avoid conflict or he was simply neglectful.
Halliburton did not fire Myers, and Myers continued to work. Is Myers bound by the
arbitration policy? - ANSWER: Yes, by continuing to work he accepted the arbitration
policy. The employer should put a clause in the acknowledgment that the employee
agrees to the terms of the contract if they continue to work.
,Employer gave an arbitration and non-competition agreement to Wilma Worker and
insisted she must sign both agreements "right away". Employer also stated it would
not issue Worker's next paycheck until she signed the agreements. Worker
reluctantly signed. Do the agreements comply with the Texas Supreme Court's
contract model for change or modification of terms in an employment relationship?
Does contract law provide a solution for Worker? - ANSWER: No, they cannot deny
giving the paycheck because Worker already worked and earned the money so the
employer has a Pre-Existing Duty to pay Worker. If they did not pay Worker, they
would be breaching their promise to pay Worker. Worker may be able to argue
duress or coercion under contract law.
Assume both agreements between Worker and Company are binding. A year later,
Company rejected Worker's application for a promotion. Worker believed Company
discriminated against her. She was about to submit a claim for arbitration when
Company issued a notice amending the arbitration policy's rules for procedure. If
Worker demands arbitration, which rules apply to her claim: the old set of rules or
the new set? - ANSWER: In order for the employer's promise to be a real one and not
an illusory promise, the reservation of the right to modify has to be subject to the
idea of vesting. For vesting, if the dispute has already arisen the old rules apply.
Arisen means either 1) the date the employee files the claim for arbitration or 2)
when the employee and employer is aware of the claim.
What is respondeat superior? - ANSWER: The legal doctrine which states that, in
many circumstances, an employer is responsible for the actions of employees
conduct performed within the scope of their employment.
What does "Sue Generis" mean? - ANSWER: Unique, every employment contract is
unique.
What are motivations for employers to call workers non-employees? - ANSWER:
Respondeat superior, workers' compensation, social security taxes, federal
unemployment taxes, income tax withholding, minimum wage, overtime pay, wage
law, discrimination laws, ERISA, OSHA, other safety laws and collective bargaining.
List at least two different sources or authorities for a checklist you would find helpful
in analyzing an issue of employee status. - ANSWER: 1) §220 of the Restatement
(Second) of Agency and 2) IRS 20-point checklist
List at least six factors relevant to whether a worker is an "employee" or an
independent contractor. - ANSWER: 1) the scope and duration of the employment,
2) supervisory control of the details of the work, 3) parties' comparative investment
in tools and equipment, 4) the worker's opportunity for profit or loss, 5) source of
instrumentalities and tools, 6) location of work, 7) whether work is part of the
regular business, 8) is the work an ordinary and integrated part of "unitary
enterprise" that the putative employer dominates? and 9) do workers have a
business able to exist apart from serving principal?
,T/F: Federal discrimination laws apply only to employers with at least 25 employees.
- ANSWER: False, applies to employers with at least 15 employees.
Define employer. - ANSWER: A person who has fifteen or more employees in each
working day in each of twenty of more calendar weeks in the current or preceding
calendar year.
Does an employee owe a duty of loyalty to the employer? If so, what kind? -
ANSWER: Yes, a duty of loyalty not to engage in competition or to serve a competitor
during his employment.
Does an independent contractor owe a duty of loyalty to an employer? - ANSWER:
They may or may not, depending on the nature of his service and the terms of his
contract.
An employee or an independent contract is more likely to retain ownership of what
he invents and creates in the course of his work for the employer. - ANSWER:
Independent contractor.
An employer may or may not charge its share of taxes to an employee. - ANSWER:
May not.
What are six factors that the EEOC looks at to determine whether the corporation
has enough employees to be a covered employer under the Age Discrimination in
Employment Act? - ANSWER: 1) Whether the organization can hire or fire the
individual or set the rules and regulations of the individual's work,
2) Whether and, if so, to what extent the organization supervises the individual's
work,
3) Whether the individual reports to someone higher in the organization,
4) Whether and, if so, to what extent the individual is able to influence the
organization,
5) Whether the parties intended that the individual be an employee, as expressed in
written agreements or contract, and
6) Whether the individual shares in the profits, losses, and liabilities of the
organization.
When an employer modifies their employee handbook to include an arbitration
clause and states that employees agree to this modification if they continue to work
after a specific date. Was there was sufficient consideration for the promise to be
binding or was the promise illusory? (In Re Halliburton) - ANSWER: The court held
that the employer gave sufficient consideration by providing employment after the
date the arbitration provision was to take place.
, Are volunteers considered employees? - ANSWER: Yes, for respondeat superior, if
the employer was aware of and accepted their services, and they were subject to the
employer's control. But for not for most statutory purposes.
What is the key test for an employee v. volunteer? - ANSWER: Whether the work
serves mainly as an employer's own interests or a civic or charitable purpose.
What are the six factors to determine whether an intern is NOT an employee? -
ANSWER: 1) The experience is similar to the training provided in an educational
environment,
2) The experience is primarily for the intern's benefit,
3) The intern is not a substitute for regular employees,
4) The employer drives no immediate advantage and "on occasion its operations
may actually be impeded",
5) The intern is not guaranteed a job at the end of the internship, and
6) The intern and employer understand the intern is not entitled to wages.
Factors to determine whether trainees are employees. - ANSWER: 1) Who derived
primary benefit from the internship?
2) What was the agreement - was some compensation expected?
3) Did training resemble school?
4) Was it integrated with school? And did it displace v. complement the work of
regular employees?
T/F: An employer can be liable for punitive damages related to an employee's action
under respondeat superior. - ANSWER: False.
Can an employee waive FLSA rights? - ANSWER: No, you can settle a dispute later but
you can't waive your right to FLSA rights. Fair Labor Standards Act.
Is a prisoner doing work for the prison an employee? - ANSWER: No, not under the
Fair Labor Standards Act.
What is a "tester"? - ANSWER: An individual who seeks or accepts employment with
an ulterior motive to serve some party or purpose other than the employer.
C233 EMPLOYMENT ACTUAL LAW EXAM COMPLETE
REAL EXAM QUESTIONS AND CORRECT VERIFIED
ANSWERS (A NEW UPDATED VERSION) |GUARANTEED
PASS A+ (BRAND NEW!!)
Employer goals and interests - ANSWER: 1) Keep the cost of labor low, 2) Prevent
unilateral resignation esp. to work for a competitor, 3) Preserve unilateral right to
discharge unneeded workers, 4) Maximize managerial control (disciplinary
discharge), and 5) Prevent trade spillover loss of investment in training.
Employee goals and interests - ANSWER: 1) Maximize wages and benefits, 2)
Preserve unilateral right to resign and to seek other work, 3) Prevent unilateral
discharge or ameliorate consequences, 4) Retain autonomy, especially by limiting
disciplinary discharge, 5) Preserve right to use knowledge, skills, relationships in
other jobs.
What are the three models of employment? - ANSWER: Individual contract model,
Collective contract model, and Public employment.
What are the three possible durations of employment? What type is presumed if
there's no express agreement? - ANSWER: 1) To continue indefinitely, terminable at
will of either party, 2) To continue for definite term, renewed on mutual will, and 3)
To continue indefinitely, but one party can terminate only for cause while other can
terminate at will. At will employment is presumed unless there's an express
agreement to the contrary.
What is a unilateral promise? - ANSWER: A promise for something other than a
promise. Employer promises to pay rate of pay in return for employee's work. Pay is
promised because payment must be deferred until after work but employee
promises nothing (can be used but may be fired for displeasing employer).
Assent requires __________________ of offer but not of all its details. - ANSWER:
awareness
Suppose Halliburton required each employee to sign an acknowledgement and
acceptance of the arbitration policy. Myers received the policy and
acknowledgement form but he refused to sign it. His supervisor did not press the
matter, either because he wished to avoid conflict or he was simply neglectful.
Halliburton did not fire Myers, and Myers continued to work. Is Myers bound by the
arbitration policy? - ANSWER: Yes, by continuing to work he accepted the arbitration
policy. The employer should put a clause in the acknowledgment that the employee
agrees to the terms of the contract if they continue to work.
,Employer gave an arbitration and non-competition agreement to Wilma Worker and
insisted she must sign both agreements "right away". Employer also stated it would
not issue Worker's next paycheck until she signed the agreements. Worker
reluctantly signed. Do the agreements comply with the Texas Supreme Court's
contract model for change or modification of terms in an employment relationship?
Does contract law provide a solution for Worker? - ANSWER: No, they cannot deny
giving the paycheck because Worker already worked and earned the money so the
employer has a Pre-Existing Duty to pay Worker. If they did not pay Worker, they
would be breaching their promise to pay Worker. Worker may be able to argue
duress or coercion under contract law.
Assume both agreements between Worker and Company are binding. A year later,
Company rejected Worker's application for a promotion. Worker believed Company
discriminated against her. She was about to submit a claim for arbitration when
Company issued a notice amending the arbitration policy's rules for procedure. If
Worker demands arbitration, which rules apply to her claim: the old set of rules or
the new set? - ANSWER: In order for the employer's promise to be a real one and not
an illusory promise, the reservation of the right to modify has to be subject to the
idea of vesting. For vesting, if the dispute has already arisen the old rules apply.
Arisen means either 1) the date the employee files the claim for arbitration or 2)
when the employee and employer is aware of the claim.
What is respondeat superior? - ANSWER: The legal doctrine which states that, in
many circumstances, an employer is responsible for the actions of employees
conduct performed within the scope of their employment.
What does "Sue Generis" mean? - ANSWER: Unique, every employment contract is
unique.
What are motivations for employers to call workers non-employees? - ANSWER:
Respondeat superior, workers' compensation, social security taxes, federal
unemployment taxes, income tax withholding, minimum wage, overtime pay, wage
law, discrimination laws, ERISA, OSHA, other safety laws and collective bargaining.
List at least two different sources or authorities for a checklist you would find helpful
in analyzing an issue of employee status. - ANSWER: 1) §220 of the Restatement
(Second) of Agency and 2) IRS 20-point checklist
List at least six factors relevant to whether a worker is an "employee" or an
independent contractor. - ANSWER: 1) the scope and duration of the employment,
2) supervisory control of the details of the work, 3) parties' comparative investment
in tools and equipment, 4) the worker's opportunity for profit or loss, 5) source of
instrumentalities and tools, 6) location of work, 7) whether work is part of the
regular business, 8) is the work an ordinary and integrated part of "unitary
enterprise" that the putative employer dominates? and 9) do workers have a
business able to exist apart from serving principal?
,T/F: Federal discrimination laws apply only to employers with at least 25 employees.
- ANSWER: False, applies to employers with at least 15 employees.
Define employer. - ANSWER: A person who has fifteen or more employees in each
working day in each of twenty of more calendar weeks in the current or preceding
calendar year.
Does an employee owe a duty of loyalty to the employer? If so, what kind? -
ANSWER: Yes, a duty of loyalty not to engage in competition or to serve a competitor
during his employment.
Does an independent contractor owe a duty of loyalty to an employer? - ANSWER:
They may or may not, depending on the nature of his service and the terms of his
contract.
An employee or an independent contract is more likely to retain ownership of what
he invents and creates in the course of his work for the employer. - ANSWER:
Independent contractor.
An employer may or may not charge its share of taxes to an employee. - ANSWER:
May not.
What are six factors that the EEOC looks at to determine whether the corporation
has enough employees to be a covered employer under the Age Discrimination in
Employment Act? - ANSWER: 1) Whether the organization can hire or fire the
individual or set the rules and regulations of the individual's work,
2) Whether and, if so, to what extent the organization supervises the individual's
work,
3) Whether the individual reports to someone higher in the organization,
4) Whether and, if so, to what extent the individual is able to influence the
organization,
5) Whether the parties intended that the individual be an employee, as expressed in
written agreements or contract, and
6) Whether the individual shares in the profits, losses, and liabilities of the
organization.
When an employer modifies their employee handbook to include an arbitration
clause and states that employees agree to this modification if they continue to work
after a specific date. Was there was sufficient consideration for the promise to be
binding or was the promise illusory? (In Re Halliburton) - ANSWER: The court held
that the employer gave sufficient consideration by providing employment after the
date the arbitration provision was to take place.
, Are volunteers considered employees? - ANSWER: Yes, for respondeat superior, if
the employer was aware of and accepted their services, and they were subject to the
employer's control. But for not for most statutory purposes.
What is the key test for an employee v. volunteer? - ANSWER: Whether the work
serves mainly as an employer's own interests or a civic or charitable purpose.
What are the six factors to determine whether an intern is NOT an employee? -
ANSWER: 1) The experience is similar to the training provided in an educational
environment,
2) The experience is primarily for the intern's benefit,
3) The intern is not a substitute for regular employees,
4) The employer drives no immediate advantage and "on occasion its operations
may actually be impeded",
5) The intern is not guaranteed a job at the end of the internship, and
6) The intern and employer understand the intern is not entitled to wages.
Factors to determine whether trainees are employees. - ANSWER: 1) Who derived
primary benefit from the internship?
2) What was the agreement - was some compensation expected?
3) Did training resemble school?
4) Was it integrated with school? And did it displace v. complement the work of
regular employees?
T/F: An employer can be liable for punitive damages related to an employee's action
under respondeat superior. - ANSWER: False.
Can an employee waive FLSA rights? - ANSWER: No, you can settle a dispute later but
you can't waive your right to FLSA rights. Fair Labor Standards Act.
Is a prisoner doing work for the prison an employee? - ANSWER: No, not under the
Fair Labor Standards Act.
What is a "tester"? - ANSWER: An individual who seeks or accepts employment with
an ulterior motive to serve some party or purpose other than the employer.
