Chapter 1 HR Business law

Identify the qualifications of a valid restrictive covenant (Check all that apply)

It is beneficial to both the employee and the employer If is reasonable in scope and duration.

Identify a true statement about the Uniform Trade Secrets Act (UTSA)

It provides inductive relief for misappropriation of trade secrets

in addition to Internal Revenue Service violations, what other laws may employers violate by misclassifying workers as independent contractors? (check all that apply)

The Social Security Act, The Fair Labor Standards Act.,The National Labor Relation Act

In the context of agency law, match the parties to an agency relationship (in the left column) with the corresponding roles (in the right column)

The agent-the individual who acts based on the authority derived from the other party. The principal- the individual from who the other party derives authority to act.

identify the criteria required by 1978 Revenue Act to claim a worker as an independent contractor (Check all that apply)

The company has treated all those in positions substantially similar to that of the worker as independent contractors. The company makes the determination based on a judicial precedent or a past Internal Revenue Service suit of the company. The worker must have never been treated by the business as an employee for the purposes fo employment taxes for any period.

According to the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP), which of the following criteria define an Internet application? (Check all that apply)

The individual withdraws from the selection process at any time prior to receiving an offer. The individual's expression of interest indicated the individual possesses the basic qualifications required for the job. The employer considers the individual for employment in a particular position.

Identify the criteria required by 1979 Revenue Act to claim a worker as an independent contractor (check all that apply)

The worker must have never been treated by the business as an employee for the purposes of employment taxes for any period. The company has treated all those in position substantially similar to that of the worker as independent contractors. The company makes the determination based on a judicial precedent or a past Internal Revenue Service audit of the company.

identify the true statement about the costs of misclassification of a worker as an independent contractor. (check all that apply)

an employer is made liable for it share of Social Security (FICA) and unemployment compensation (FUTA) taxes and is subject to additional penalties whose rates depend on whether the misclassification was deliberate. Misclassification of a worker as an independent contractor may result in other liabilities for violations of certain state and federal labor laws.

identify the true statement about the costs of misclassification of a worker as an independent contractor

an employer is made liable for its share of social Security (FICA) and unemployment compensation (FUTA) taxes and is subject to additional penalties whose rates depend on whether the misclassification was deliberate. misclassification of a worker as an independent contractor may result in other liabilities for violations of certain state and federal labor laws.

According to the equal employment opportunity commission's (EEOC's) uniform guidelines on employee selection procedures (UGESP), the definition of an applicant encompasses all individuals who indicate an interest in _____.

being considered for hiring or other employment opportunities.

Bob works for a catering service. He delivers lunch to corporate offices everyday. In this scenario, Bob's employer has vicarious liability if Bob_______.

causes harm to anyone on his way to the offices

According to the internal revenue service (IRS) 20-factor analysis, a person is considered an independent contractor

choose his or her own pattern of work freely

The __________-__________ ___________ test considered the leading test to determine employee statue, emphasizes the aspect of an employer's right to control the work for a worker to be classified an employee.

common-law agency

When employers hire an independent contractor, they usually spend on _______.

compensating the contractor for the work completed

Leena, who works for cookie manufacturer, is dissatisfied with her current job. she wants to work for another company called Zest Corp. According to the U.S. Department of Labor Office of Federal Contract Compliance Program (OFCCO), Leena qualifies as an Internet applicant for job opportunities in Zest Corp. If she_________.

does not remove herself from the selection process prior to receiving an offer.

identify a true statement according to the proponents of regulation of discrimination and other areas of employment relationship

economic forces do not afford absolute protection against employment discrimination on the basis of race, gender, nationality, or other protected categories.

Under the ____________ _________ test courts consider whether is economically dependent of the business or, as a matter of economic fact, is in business for himself or herself

economic realities

Title VII of the Civil Rights Act of 1964 and other related anti discrimination statutes only protect _______.

employees from discrimination by employers

an obligation the principal, or employer, has toward the agent, or employee, in an employment-agency relationship is to_______.

exercise good faith in the relationship with the agent or employee

a person who contracts with a principal to perform a task according to her or his own methods, and who is not under the principal's control regarding the physical details of the work, is known as a(n)

independent contractor

According the theory of _________ ________, a court may prohibit a former employee from working for an employer's competitor if the employer can show that is is inevitable that the former employee will disclose a trade secret by virtue of her or his position

inevitable disclosure

A _____________-___________ agreement prohibits an employee from disclosing his or her employer's confidential information or from entering into competition with the employer for a specified time and/or within a specified region.

non-compete

in the context of the law of agency, identify a true statement about an agency relationship.

one individual acts on behalf of another

Which of the following factors are part of the Internal Revenue Service (IRS) 20-factor analysis for determining worker statue?

the extent to which a person is integrated in the business. Whether a person is required to comply with other persons' instructions about when, where, and how to perform the work how much training a person would need

According to the Internal Revenue Service (IRS) 20-factor analysis, a worker is considered an employee if _______.

there is a contenting relationship between the worker and the employer

According to the internal revenue service (IRS) 20-factor analysis, a worker is considered an employee if _______

there is a continuing relationship between the worker and the employer

identify a true statement about employee benefits offered by employers that generally are not required to be offered such as dental, medical, pension, and profit-sharing plan

they are offered as an effort to attract and retain superior personnel

true or false: for a valid non-compete agreement to be enforceable, it must be supported by consideration offered in a bargained-for exchange.

true

A contingent worker is one ________.

whose job is sporadic with an employer