Understanding Employment Law Essentials

Constitutions, city ordinances, state law, federal law, government agency regulations, or all of the choices are sources of employment law

Home baked bread company hires Isabella to sell the company‘s products in a certain geographic area. Home baked bread agrees to pay Isabella salary, plus commission, for a trial. They also agree that Isabella can sell using any methods, and during any hours that seem appropriate to her. The key factor in whether Isabella is legally considered home baked breads employee is:

The United States Department of labor is concerned about a new practice that employers are using that seems to be detrimental to employees. This new practice falls under the jurisdiction given to the department of labor. To put a halt to this new practice, the department of labor, send a strongly worded letter to the employers, informing them that the new practice should not be maintained. The department of labor issues, a monetary penalty against an employer, for not following the department of labor’s letter. The employer rings an action in court to challenge the monetary penalty. Which of the following best describes employers chances of winning?

Your options to answer the question above are: employer will win; government agencies do not have the power to impose monetary penalties. Or employer will likely lose; the department of labor is the expert government agency and courts usually defer to their expertise. Or employer will win; the department of labor did not give constitutional due process and implementing the new requirement. Or employer will likely lose; the department of labor communicated. It’s expectations, and the employer did not comply with them.

The new practice falls under the jurisdiction given to the department of labor

Assume the location is not provided What would the best answer choice be

Blackbear service LLC enters into a contract with club, hanging Horn, where by blackbear provides workers to work at club, hanging Horan‘s banquet facilities. The contract says “the parties expressive Lee agree that the workers contemplated by this agreement, well, at all times, the employees of blackbear service, and will not be employees of club Langhorne.“ club hanging horn retains the right to inform blackbear when a banquet workers performance was unacceptable and blackbear was required to remove that worker from service at club Langhorne. Given the nature of banquet work, club, hanging Horn required banquet workers to be “on call,” assigned tasks, dismissed individual workers, as banquets became less busy, and gave bonuses for workers that did an exceptional job. Black bear sourced, compensated, trained, and provided benefits to the workers. Before banquet worker brought a discrimination action against both blackbear and club hanging horn, claiming that she suffered discrimination during her training sessions as a banquet worker. Which of the following options is most true?

In regards to the question above, which of these options would be the best answer. Club hanging horn and black bear will lose; they both controlled essential, employment terms. Or club hanging Horn in black bear will lose; the former worker performed to work related activities at both sites. Or club hanging Horn will win; it is not liable because it did not conduct training sessions. Or club hanging Horn will win; it is not liable because its contract with black bear expressly states that black bear is the employer.

Sandeep is an installer of fiber optic cable. FasTec, Inc. Hires Sandeep as an independent contractor to install fiber optic cable throughout its properties nationwide. When learning of this arrangement, FasTech’s human resources, officer, group concerned that Sandeep could be considered an employee of FasTec rather than an independent contractor. Under the economic realities test, which of the following is true?

In regards to the question above, which of these statements would best answer the question: if Sandy provides his own tools and materials, that favors the conclusion that he is an independent contractor. Or if Sandy performs Lowe’s, skilled work, that favors the conclusion that he is an independent contractor. Or is Sandeep depends on the job for a small portion of his income, that favors the conclusion that he is an employee. Or if Sandy performance task that are central to Fastecs business that favors the conclusion that he is an independent contractor.

for years, Leon has worked as an independent contractor for animal, shield foundation, soliciting donations from prospective donors. Animal shields, new human resources, professional, after analyzing the relationship, realizes that Leon is really an employee, rather than an independent contractor. Because Leon is an employee, animal shield must:

In regards to the question above, which of these options would be the best answer: pay Social Security and Medicare taxes. Or pay Social Security and Medicare taxes, and provide unemployment and Worker’s Compensation insurance, for Leon. Or provide paid vacation time for Leon. Or pay Social Security and Medicare taxes, provide unemployment and Worker’s Compensation insurance, for Leon, and provide paid vacation time for Leon. Or provide unemployment and workers compensation insurance for Leon.

Sigita is hired by the compass rose channel as an independent contractor to film video footage that the compass rose channel can use when it produces documentary films. Which of the following is true?

In regards to the question above, which of the following would be the best answer: the degree of control that the compass rose channel exerts over Sigita is a relevant as to whether she is, or isn’t an independent contractor under the law. Or the compass rose channel can only control how Sigita performs the work, if it wants Sigita legally to be considered as an independent contractor. Or the compass rose channel can only control the results of the work Sigita does, but not how she conducts the work, if it wants Sigita legally to be considered an independent contractor. Or the compass rose channel cannot control any aspects of the work done by Sigita, if it wants Sigita an independent contractor.

Geraldine is a low level manager of a team of factory workers for Metalloys corporation, a large manufacturing company. Which of the following statements is most correct?

Which of these following statements is most correct in regards to the question above: under most employment laws, Geraldine is not a protected employee because she is a manager. Or under most employment laws, Geraldine is not a protected employee, because she is a manager, and metalloys corporation would be liable for the actions taken by Geraldine within the scope of her employment. Or metalloys corporation would be liable for the actions taken by Geraldine within the scope of her employment. Or Geraldine would not individually be liable for violating employees rights because of her low level management position.

The state of Minnesota has an employment law that provides employees with more rights than the federal law does. Employers in Minnesota challenge the legality of the Minnesota employment law in court. Which of the following is the most likely outcome of this litigation?

Which of these options would be the most correct in regards to answering the question above: Minnesota employers will win; employment law is exclusively a federal domain, so states may not enact laws when federal law already exist. Or Minnesota employees will win; the Minnesota law is invalid, because it must be identical to the federal law. Or Minnesota employees will win; those states may pass laws that reduce employee rights, they may not enact laws that expand the employee, protections granted in federal law. Or Minnesota employees will lose; all those states may pass laws that expand employee rights, they may not enact laws that reduce the employee, protections granted, and federal laws.

In the employment offer that Suki received, it stated that “do you understand and acknowledge that this offer is for employment, Atwell, and that there’s no employment contract between you and employer.” Employment at will means:

Which of these options would best answer the question above: employer can terminate the employment relationship only for good reason. Or both Sukhi and employer can terminate the employment relationship for any reason, or for no reason at all. Or neither the employer, nor Sookie, or pressured into excepting employment. Or Suki can terminate the employment relationship only for good reason.