Employment – Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts Study Guide.pdf
Employment –
Work, Careers &
Labor Concepts
Study Guide
Employment – Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts Study Guide.pdf
,Employment.pdf Employment.pdf Employment.pdf
Control Test Evaluates the employer's control over the employee and his work.
Economic-Realities Test Analyzes the financial relationship between the employer and employee.
Hybrid Test Evaluates both the degree of control and the economic realities of the relationship
but places greater emphasis on control.
ABC Test A worker is presumed to be an employee unless the principal can prove the worker
is: (A) neither contractually nor actually under the principal's direction and control;
(B) performing work outside the principal's usual course of business; and (C)
customarily engaged in an independent business, trade, or occupation of the same
nature as the work performed for the principal.
FLSA child labor rules Generally prohibits the employment of children under age 16 in nonagricultural
jobs.
Exception to child labor rules Children ages 14 or 15 may work in jobs other than mining or manufacturing, so long
as their work does not interfere with their schooling, health, or wellbeing.
Employment.pdf Employment.pdf Employment.pdf
,Employment.pdf Employment.pdf Employment.pdf
ICRA Prohibits employers from knowingly hiring, recruiting, or retaining "unauthorized
aliens," i.e., aliens who are not authorized for either permanent residence or
employment within the United States.
Joint Employment Can exist when two or more employers direct and control the employee in the
performance of her duties.
ADA restrictions on preemployment medical examinations No covered employer may (1) conduct a preemployment medical examination, (2)
inquire whether an applicant has a disability, or (3) inquire about the nature or
severity of any disability.
ADA entrance examination A medical examination conducted after the employer makes an offer of
employment to the applicant but before the applicant begins work.
GINA Prohibits employers with 15 or more employees from failing or refusing to hire a
person based on her genetic information.
Genetic information A person's genetic tests, the genetic tests of that person's family members, and the
manifestation of a disease or disorder in an individual's family members.
Employment.pdf Employment.pdf Employment.pdf
, Employment.pdf Employment.pdf Employment.pdf
Rationale for preemployment drug testing (1) a job applicant has a diminished expectation of privacy in the hiring process; (2)
the government, as an employer, has a strong interest in weeding out substance
abuse at the hiring stage to prevent later performance problems; or (3) the jobs for
which testing is required are sufficiently related to public safety or national security
to create an exception to the usual Fourth Amendment requirement of
individualized suspicion.
Drug testing for prescription drugs Have to determine if the test was based on business necessity. Need to analyze
whether the use of the medication is correlated with a higher risk of an accident.
Consumer credit reports Credit-related information collected by companies that are in the business of
compiling such information and providing it to third parties.
FCRA requirements for credit reports The employer must notify the applicant that his credit information will be sought,
and the applicant must authorize the employer to obtain the information.
Employer obligations when denying an application based The employer must give the applicant a copy of the report and a written
on a credit report description of the applicant's rights to dispute its contents.
Negligent-hiring claim Requires the typical negligence elements of duty, breach, causation, and damages.
Control Test factor: Training and tools Whether the principal provides the training and tools for the job.
Employment.pdf Employment.pdf Employment.pdf
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts Study Guide.pdf
Employment –
Work, Careers &
Labor Concepts
Study Guide
Employment – Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts
Employment
Study –
Guide.pdf
Work, Careers & Labor Concepts Study Guide.pdf
,Employment.pdf Employment.pdf Employment.pdf
Control Test Evaluates the employer's control over the employee and his work.
Economic-Realities Test Analyzes the financial relationship between the employer and employee.
Hybrid Test Evaluates both the degree of control and the economic realities of the relationship
but places greater emphasis on control.
ABC Test A worker is presumed to be an employee unless the principal can prove the worker
is: (A) neither contractually nor actually under the principal's direction and control;
(B) performing work outside the principal's usual course of business; and (C)
customarily engaged in an independent business, trade, or occupation of the same
nature as the work performed for the principal.
FLSA child labor rules Generally prohibits the employment of children under age 16 in nonagricultural
jobs.
Exception to child labor rules Children ages 14 or 15 may work in jobs other than mining or manufacturing, so long
as their work does not interfere with their schooling, health, or wellbeing.
Employment.pdf Employment.pdf Employment.pdf
,Employment.pdf Employment.pdf Employment.pdf
ICRA Prohibits employers from knowingly hiring, recruiting, or retaining "unauthorized
aliens," i.e., aliens who are not authorized for either permanent residence or
employment within the United States.
Joint Employment Can exist when two or more employers direct and control the employee in the
performance of her duties.
ADA restrictions on preemployment medical examinations No covered employer may (1) conduct a preemployment medical examination, (2)
inquire whether an applicant has a disability, or (3) inquire about the nature or
severity of any disability.
ADA entrance examination A medical examination conducted after the employer makes an offer of
employment to the applicant but before the applicant begins work.
GINA Prohibits employers with 15 or more employees from failing or refusing to hire a
person based on her genetic information.
Genetic information A person's genetic tests, the genetic tests of that person's family members, and the
manifestation of a disease or disorder in an individual's family members.
Employment.pdf Employment.pdf Employment.pdf
, Employment.pdf Employment.pdf Employment.pdf
Rationale for preemployment drug testing (1) a job applicant has a diminished expectation of privacy in the hiring process; (2)
the government, as an employer, has a strong interest in weeding out substance
abuse at the hiring stage to prevent later performance problems; or (3) the jobs for
which testing is required are sufficiently related to public safety or national security
to create an exception to the usual Fourth Amendment requirement of
individualized suspicion.
Drug testing for prescription drugs Have to determine if the test was based on business necessity. Need to analyze
whether the use of the medication is correlated with a higher risk of an accident.
Consumer credit reports Credit-related information collected by companies that are in the business of
compiling such information and providing it to third parties.
FCRA requirements for credit reports The employer must notify the applicant that his credit information will be sought,
and the applicant must authorize the employer to obtain the information.
Employer obligations when denying an application based The employer must give the applicant a copy of the report and a written
on a credit report description of the applicant's rights to dispute its contents.
Negligent-hiring claim Requires the typical negligence elements of duty, breach, causation, and damages.
Control Test factor: Training and tools Whether the principal provides the training and tools for the job.
Employment.pdf Employment.pdf Employment.pdf
