Business Law Chapter 1- The Regulation of the Employment Relationship

identify the true statements about the cost of Miss classification of a worker as an independent contractor. (check all that apply)

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

identify the true statements about a non-compete agreement. (check all that apply)

- all states in the United States 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

identify the true statements about hiring independent contractors. (check all that apply)

- employers typically avoid spending on tools, training, or traveling - employers are guaranteed satisfactory performance of the job for which the contractors were hired - employers typically avoid overtime cost

identify the groups that are included by most statues in the definition of an employer. (cheek all that apply)

- joint labor- management committees -employment agencies -labor organizations

identify the forms of relief provided by the Uniform Trade Secrets Act (UTSA). (check all that apply)

- monetary damages - attorney's fees

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

- the company makes the determination based on a 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 - the company has treated all those in positions substantially similar to that of the worker as independent contractors

which of the following factors are part of the Internal Revenue Service 20 - factor analysis for determining worker status?(check all that apply)

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

identify a true statement 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

identify a situation in which an employer has vicarious liability

and employee damaging a customer's property while demonstrating the use of his or her firm's product

according to the Equal Employment Opportunity Commission's(EEOC) Uniform Guidelines on Employees Selection Procedures (UGESP), the definition of an applicant encompasses all individuals who indicate an interest in ____________.

being considered for hiring or other employment opportunities

according to the Internal Revenue Service 20 - factor analysis, A person is considered an independent contractor if he or she is required to ____________.

choose his or her own pattern of work freely

The __________-_________-_________ test, considered the leading test to determine employee status, emphasizes the aspect of an employer's right to control the work for a work for to be classified in employee

common - law agency

when employers hire an independent contractor, they usually spend on ________.

compensating the contractor for the work completed

identify a true statement according to those who believe that regulation of discrimination and other areas of employment relationship is necessary

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

Under the ________ ________ test, courts consider whether a worker is economically dependent on the business or, as a matter of economic facts, is in business for himself or herself

economic realities

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 with disclose a trade secret by virtue of her or his position

inevitable disclosure

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

one individual acts on behalf of another

________ are protected from unfair labor practices by the National Labor Relationship Act of 1935(NLRA).

only employees

generally, a restrictive covenant is considered unreasonable if it _________under its terms.

permits an employee from earning a living of any sort

identify a true statement about principle - agent, or employer - employee, relationship

the principal has to use care to prevent the agent from coming to any harm during the agency relationship

identify an accurate statement about contingent workers

they are hired by an employer through a staffing firm

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 plans

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

identify a true statement about the employment - related laws passed by the United States Congress

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

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