LAW CH 1 - 4 TEST

Hiring independent contractors:

- Employers typically avoid overtime costs. - Employers are guaranteed satisfactory performance for the job for which the contractors were hired. - Employers typically avoid spending on tools, training, or traveling.

In addition to Internal Revenue Service violations, what other laws may employers violate by misclassifying workers as independent contractors?

- Fair Labor Standards Act - Social Security Act - National Labor Relations Act

Law reporters:

- Reporters have different names based on the court decisions contained in them. - Reporters are books in which judges' case decision are recorded for later retrieval.

In the context of employee benefits, which standards were established by the Fair Labor Standards Act of 1938?

- Standards for child labor - Standards for overtime pay - Standards for minimum wages

According to the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP), which of the following criteria define an internet applicant?

- The employer considers the individual for employment in a particular position. - The individual's expression of interest indicates the individual possesses the basic qualifications required for the job.

US passes these laws to protect members of historically discriminated-against groups:

- Title VII of the Civil Rights Act of 1964 - The Americans with Disabilities Act - The Age Discrimination in Employment Act

Individ. covered under Title VII of the Civil Rights Act

- US citizens employed by American employers outside the US - Public & private employees

What are the bases on which discrimination was prohibited in the workplace, which were introduced after the passed of the 1964 Civil Rights Act?

- Vietnam veteran status - Age - Genetic information

Factors considered by courts in applying the economic realities test to determine worker status:

- a worker's opportunity for profit/loss - a worker's investment in the business - the degree of control exerted by an alleged employer over a worker.

Non-compete agreements:

- all states in the US allow some level of control over the extent to which an employer can restrict a former employee from competing. - it prohibits employees from soliciting their former employers' customers and employees.

The state court system in the US:

- decisions by state supreme courts can be heard by the US Supreme Court if there is a basis for appealing it to that court. - like the federal system, the appeals move up through the appellate in the state court system.

Qualifications of a valid restrictive covenant:

- it is beneficial to both the employee and the employer. - it is reasonable in scope and duration.

Common-law agency test:

- it originated in the master and servant law that emphasizes employer control over the employee. - the element of control in the master and servant law is absent in this test.

Forms of relief provided by the Uniform Trade Secrets Act (ITSA):

- monetary damages - attorney's fees

Proofs that an employee must produce to claim a tort action for defamation against his/her employer:

- proof that the employer made a false and defamatory statement about the employee without the employee's consent - proof that false information communicated by the employer was detrimental to the employee

Information that needs to be provided by an employee to prove a retaliatory discharge claim:

- proof that there is casual connection between the employee's protected activity and the adverse action taken by the employer. - proof that the employer acted adversely toward the employee.

Criteria required by 1989 Revenue Act to claim a worker as an independent contractor:

- 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 judicial precedent or a past IRS audit of the company. - the worker must have never been treated by the business as an employee for the purposes of employment taxes for any period.

Scenarios that are considered violations of public policy:

- the demotion of an employee for refusing to violate a criminal statue on behalf of the employer - the discrimination against a whistleblower employed by a contractor with the Department of Defense.

Employer's successful bona fide occupational qualification (BFOQ) defense against a disparate treatment case:

- the employer must show that determining the qualification of each member of the group that was being discriminated is impractical. - the employer must prove that the basis for discrimination is integral to the purpose of the business.

Prima Facie case in a court of law:

- the prima facie case can only be established by meeting the requirements of the cause of action. - if the plaintiff fails to produce evidence to establish the prima facie case, then the defendant's motion to dismiss will be held.

Criteria required by 1978 Revenue Act to claim a worker as an independent contractor:

- 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 positions substantially similar to that of the worker as independent contractors. - the company makes the determination based on a judicial precedent or a past IRS audit of the company.

Promissory estoppel:

- the worker must have reasonably replied on the employer's promise. - it is an exception to the at-will rule.

Process of mediation with reference to resolving Title VII claims

-If the parties reach agreement, that agreement is as binding as any other settlement agreement. -If the parties choose to mediate, during mediation they will have the opp. to present their positions.

State law interface in the filling process of Title VII claims.

-Local agencies serve as a type of screening process for serious cases. -State and local procedures in handling Title VII claims are similar to those of the Equal Employment Opportunity Commission (EEOC).

mandatory arbitration agreements

-stipulate that workplace disputes will be disposed of by submitting them to arbitration rather than to the courts -employers gain the advantage of having fewer cases in court

The Worker Adjustment and Retraining Notification (WARN) Act requires that employers with over 100 employees must give 60 days' advance notice of a plant closing or mass layoff to affected employees if it would result in employment loss for 50 or more workers during a period of

30 days

It is required by the ___ Act that employers attempt to accommodate workplace conflicts based on disabilities.

Americans with Disabilities

The post-Civil War statutes (Reconstructive Civil Rights Acts)

Employees brining claims are on their own and must go to an attorney and must pay. The statutes of limitations on race cases is four years from the precipitating event.

A consequence of an employer not complying with the requirements under the Worker Adjustment and Retraining Notification (WARN) Act:

Employees can recover pay and benefits for the period for which notice was not given.

Title VII of the Civil Rights Act of 1964

Employees go to the EEOC to file their claims and do not have to pay. The basic statute of limitations is 180 days from the precipitating event.

The statutory schemes set out for employment discrimination claims require that claimants first pursue their grievances within the agency called the

Equal Employment Opportunity Commission (EEOC)

Establishing a prima facie case of disparate treatment alone establishes that the employer discriminated against the employee.

False

Under employment laws, employers are legally allowed to retaliate against employees for filling workplace discrimination claims against them.

False

In 1982, Congress enacted the __ that prohibits retaliatory action specifically against defense contractor employees who disclose information pertaining to a violation of the law governing defense contracts.

Federal Whistleblower Statute

The US Supreme Court set forth the disparate impact theory in

Griggs v. Duke Power Co.

Title VII of the Civil Rights Act of 1964:

It aims to prevent unlawful employment practices.

____ created a system of racial segregation that was practiced virtually everywhere in the US after the Civil War.

Jim Crow laws

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

True

mediation with reference to resolving Title VII claims

a request for mediation is allowed at any stage of the administrative process

In a disparate impact claim, an employer can use the defense that the challenged policy, neutral on its face, that has a disparate impact on a group protected by law is

actually job related and consistent with business necessity.

Mandatory arbitration agreement

agreement signed by an employee as a condition of employment that requires workplace disputes to be arbitrated rather than litigated

A situation in which an employer has vicarious liability:

an employee damaging a customer's property while demonstrating the use of his/her firm's product.

Why do employers offer employee benefits that generally are not required to be offered such as dental, medical, pension, and profit-sharing plans:

as an effort to attract and retain superior personnel.

An employment relationship where there is no contractual obligation to remain in the relationship is known as ___-___ employment.

at-will

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.

In the context of equal employment opportunity legislation, an employer does not have the right to terminate an employee for

belonging to a certain race.

An employer's defense to a disparate impact case that is based on the employer's need for a policy as a legitimate requirement for a job is known as

business necessity

the right to file a case on the basis of a violation of an individual's legal rights is known as a

cause of action

According to the IRS 20-factor analysis, a person is considered an independent contractor if he/she is required to

choose his/her own pattern of work freely.

Rules of precedent in the American legal system:

circuit courts may choose to follow a precedent set by courts from other jurisdictions on similar cases, but they are not mandated to do so.

When employers hire an independent contractor, they usually spend on

compensating the contractor for the work completed.

Employment discrimination remedies added by the Civil Rights Act of 1991:

compensatory damages and punitive damages

Common-law agency test

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

Economic realities test:

courts consider whether a worker is economically dependent on the business or, as a matter of economic fact, is in business for him/herself.

Treating similarly situated employees differently because of prohibited Title VII of the Civil Rights Act of 1964 or other employment discrimination law factors is known as

disparate treatment

The covenant of good faith and fair dealing implies that an employer and an employee bound by a contract have to act with faith that

each party will fulfill his/her contractual duties properly.

A laid off employee of a MNC feels discriminated against by the employer. The employee is eligible to approach to EEOC for redress if the

employee is a female.

Entities that should comply with Title VII

employee unions joint labor and management committees making admission & other decisions

Under the theory of inevitable disclosure, the court looks to whether an

employee's knowledge is exceptionally specialized or technical.

Title VII of the Civil Law Act of 1964 and other related anti discrimination statutes only protect

employees from discrimination by employers.

Title VII of the Civil Right Acts of 1964 concerns itself with creating the legal basis for non-discrimination in

employment

Establishment of a prima facie case of disparate treatment:

even if the employee establishes all the elements of the prima facie case, it is only a rebuttal presumption.

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.

Taking an employment discrimination claim through the Equal Employment Opportunity Commission (EEOC) administrative procedure prior to seeking judicial review of an agency review is called

exhaustion of administrative remedies

Constructive discharge:

exists when the employee sees no alternative to quitting his/her job.

In the context of disparate impact, a workplace policy that appears to apply equally to app appropriate employees is known as a

facially neutral policy.

subjective criteria

factors based on an evaluator's personal thoughts or ideas

objective criteria

factors that can be quantified by anyone

In the context of disparate impact, the ___-____ rule states that the minority group must perform at least 80 percent as well as the majority group under a screening device or a presumption arises that the screening device has a disparate impact on the minority group and must be shown to serve a legitimate business necessity.

four-fifths

This type of employee is included in the at-will employment category:

full-time employees of private companies

Sam has been working with Treasure Inc., a tech firm, for the last 3 months. he is quite efficient in his work and has been scheduled to work simultaneously on a number of important projects. In this scenario, Sam will be regarded as a contingent worker of Treasure Inc. if

he has been hired through a staffing firm.

An agreement that is not explicitly expressed by, instead, is created by other words or conduct of the parties involved is known as an

implied contract

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

independent contractor

According to the theory of ____ _____, a court may prohibit a former employee from working for an employer's competitor if the employer can show that it is inevitable that the former employee will disclose a trade secret by virtue of his/her position.

inevitable disclosure

Disparate treatment is considered

intentional discrimination.

The Office of Federal Contract Compliance Programs (OFCCP)

it enforces Executive Order 11246

The US Department of Justice

it handles cases involving most government agencies such as police and fire departments.

Retaliatory discharge:

it protects an employer's actions if they are legitimately based in law.

The Equal Employment Opportunity Commission (EEOC)

it provides guidelines to employers for dealing with employment discrimination laws

Public policy

legal concept that is intended to ensure that no individual does anything that would be injurious to the public or against the public good.

Employees who have worked ______ are excluded from the computations of mass layoff.

less than 20 hours a week

Justice Richards of a federal district court reviews a case that involves racial discrimination again Anna, a private employee. The matter was earlier investigated by the EEOC. but it could not find any cause for taking action against Anna's employer. If he accords the EEOC decision a de novo review, it means that Justice Richards will

look at the case from an entirely new perspective.

In the context of employment discrimination remedies, an attempt to put a claimant in position he/she would have been in had there been no discrimination is known as

make-whole relief

An agreement signed by an employee as a condition of employment that requires workplace disputes to be arbitrated rather than litigated is called a

mandatory arbitration agreement

According to scholars who do not believe in the necessity of regulation of employment relationship,

markets work to encourage employers' rational, non biased behavior over those personal biases.

Employment losses at one location during any 30-day period of 500 or more workers, or of 50-499 workers if they constitute at least one-third of the active workforce, is known as

mass layoff

With reference to the intents of Title VII, the attempt to reach agreement on a claim through discussion without resorting to litigation is known as

mediation

Compensatory damages:

money awarded to a party to pay for direct losses due to an injury suffered.

Punitive damages:

money imposed by a court to punish a defendant for willful acts and to act as a deterrent.

Change in the workplace that resulted from the passage of the 1964 Civil Rights Act

more women were provided with meaningful employment

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

When the US Congress thinks that a decision of the US Supreme Court is not keeping with a certain law's intended function, Congress can

pass a law that reflects that determination

A brief decision issued by an appellate court, which is not issued by a particular judge, is known as

per curium decision

For a successful claim of ___, the plaintiff must show that the employer/prospective employer made a promise upon which the worker reasonably relied on his/her detriment.

promissory estoppel

Title VII gives permission to ____ to discriminate when performing activities.

religious institutions

If the EEOC finds there is no reasonable cause for an employee's discrimination complaint under Title VII, the employee is given a dismissal and notice of rights, often know as a ____-_____-_____ letter

right-to-sue

A factor used to weed out applicants from the pool of candidates is known as a

screening device

The American legal system is based on ____ _____, a system of using legal precedent from prior cases to determine what happens in the case now before the court.

stare decisis

A motion for ---- ----- is a defendant's request for the court to rule on a plaintiff's case based on the documents submitted, alleging there are no triable issues of fact to be decided.

summary judgement

granting the motion to dismiss

the decision favors the defendant

The principal:

the individual from whom the other party derives authority to act.

The agent:

the individual who acts based on the authority derived from the other party.

Remand

the lower court is told to take the case back and do what needs to be done based on the appellate court's decision.

Affirm

the lower court's decision is allowed to stand.

Reverse

the lower court's decision is overturned.

appellee

the one against whom an appeal is brought

defendant

the one being sued

plaintiff

the one suing

appellant

the one who brings an appeal

In context of disparate impact, the terminology regarding scoring under a screening device is intentionally imprecise because

the outcome depends on the nature of the screening device

denying the motion to dismiss

the plaintiff's case can proceed to trail

Employment-related laws passed by the US Congress:

the seek to make the power relationship between employers and employees fair and equitable.

a 706 agency is NOT named after the # of employees who work in that agency

true

Joanna, a gov. employee, illegally discriminates against Peter when performing her duties. In the context of the post-Civil War statutes, or the Reconstruction Civil Rights Acts, Joanna is acting _________ of state law.

under color

Joanna, a government employee, illegally discriminates against Peter when performing her duties. in the context of post-Civil War statutes (Reconstructive Civil Rights Acts) Joanna is acting under _____ _____ state of law.

under color

An employer is a person who ___.

uses others to do his or her work.

Bases of which discrimination is prohibited

veteran status age genetic information

A contingent worker is one

whose job is sporadic with an employer.