Employment Law quiz 1
Employers may be liable for the actions of their employees within the scope of employment. With regard to the actions of employees outside the scope of employment, which of the following statements is true?
An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons
Which of the following is true? Title VII of the Civil Rights act
Applies to employers that have 15 or more employees
Which of the following is generally true regarding the process of enforcing employment laws
Courts and government agencies hear cases only after employees come forward with complaints about violations of the law
Regarding employment law in the US which of the following statements is true?
Employees may be fired at any time for any reason not prohibited at law
Under the payroll method approved by the US supreme court
Employers are counted if they h
Distinguishing between employees and independent contractors is important because
Employers can defend their noncompliance with employment laws provide that persons performing work are independent contractors
The primary lesson to be learned from the lawsuit brought by Microsoft's temporary workers in the 1990s is that
Employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temps
In EEOC v AutoZone, the EEOC sued AutoZone on behalf of an employee who suffered injury and disability because his employer would not provide a reasonable accommodation for his disability. AutoZone argues that the damages awarded by the jury were too high, and also offered evidence of its ADA compliance policy set forth in the employee manual. The court rules
For the plaintiff because the damages awarded were consistent with the damages awarded in other cases
Under the economic realities test
If the hired party provides her own tools and material, that favors the conclusion she is an IC
Which of the following is true for common law test
It focuses on right of control
If a worker is an employee, the employer must:
Pay the employer's share of social security and medicare taxes
The article "the gig is up" stated:
That the analysis to determine independent contractors has not changed.
Which of the following must be shown in order to establish a prima facie case of retaliation?
That the employee lost an employment opportunity shortly after engaging in protected activity.
The key element in disparate treatment is discriminatory intent. In this context that means that:
The decision maker made the decision in whole or in part based on the protected class characteristic of the employee
Persons performing volunteer work are more likely to be deemed employees if
They receive significant remuneration for their services
When determining which employment laws apply to certain employer, which of the following facts does NOT apply
Whether the employer sells goods or services to the state government where it is located
Sources of employment law include all of the following except
ads for job openings
Under U.S. employment laws, employees have the right to:
expect their employers to comply with employment laws
A claim for retaliation can be brought only by the person who was retaliated against
false
Employment laws are passed only by state and federal governments, not by cities or counties
false
In a disparate impact case, the focus is on the employer's intention
false
In a disparate treatment case, the focus is on the employer's intention
false
Since the passage of the Civil Rights act of 1964,
false
Which of the following is a protected class characteristic?
religion
It can be difficult to determine whether an employment relationship exists
true