Chapter 1

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Which of the following is Congress unlikely to do regarding employment law? A. Disallow employers from enacting uniform requirements of employees. B. Require direct quotas of groups of individuals that an employer must hire. C. Disallow employers from firing somebody for no reason. D. Disallow employees from freely negotiating job duties.

B. Require direct quotas of groups of individuals that an employer must hire.

Which of the following tests is 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? A. The apparent independence test B. The employee-focused test C. The common-law agency test D. The right-to-control test

C. The common-law agency test

In the context of the law of agency, identify a correct statement about an agency relationship. A. The party for whom an individual acts is called the agent. An employer is the agent of an employee. One individual acts on behalf of another. One who acts as an agent's substitute is called the principal.

One individual acts on behalf of another.

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.

Which of the following statements about the common-law agency test is correct? The adoption of contract or agency principles has made this test outdated. The element of control in the master and servant law is absent in this test. It originated in contract law. It states that, for a worker to be classified an employee, the employer must actually control the work and not merely have the right to do so.

The element of control in the master and servant law is absent in this test.

Identify a correct 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 help the employers avoid tax expenses and bookkeeping costs. Their costs are included in the wages paid by the employers to their employees. They are primarily offered to retain independent contractors. They are offered as an effort to attract and retain superior personnel.

They are offered as an effort to attract and retain superior personnel.

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 _____. taking over a company changing the work ethics of a company getting considered for being hired but not for being promoted being considered for hiring or other employment opportunities

being considered for hiring or other employment opportunities

A(n) _____ 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. employee-limitation trade non-compete workforce-mobility

non-compete

Which of the following is not a group that is included by most statutes in the definition of an employer? Freelancers Joint labor-management committees Labor organizations Employment agencies

Freelancers

Sam has been working with Treasure Inc., a tech firm, for the last three 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 _____. A. he provides a cost savings as a long-term benefit B. he has been hired through a staffing firm his job with Treasure Inc. is permanent he has been considered an employee of the firm

he has been hired through a staffing firm

Identify the true statements about a non-compete agreement. (Check all that apply.) It prohibits employees from soliciting their former employers' customers and employees. Companies are prohibited from using non-compete agreements in any manner for employees who earn less than $15 per hour. It prohibits employees in positions of trust and confidence from quitting their jobs if the resignations are detrimental to the employer. 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. - 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.

In the context of employee benefits, which of the following standards were established by the Fair Labor Standards Act of 1938 (FLSA)? A. Standards for minimum wages B. Standards for employee productivity C. Standards for state revenue taxes D. Standards for medical benefits

A. Standards for minimum wages

An employer is a person who _____. assists others in doing their work does the work assigned to others works on the behalf of others uses others to do his or her work

uses others to do his or her work

A contingent worker is one _____.

whose job is sporadic with an employer

Identify a correct statement about the employment-related laws passed by the United States Congress. A.. They seek to make the power relationship between employers and employees fair and equitable. B. They specify whom employers should or should not hire. C. They specify the ways for employers to manage difficult employees. D. They require employers to consider race or gender when making specific employment decisions.

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

Identify a correct statement according to those who believe that regulation of discrimination and other areas of employment relationship is necessary. A. Biased firms choosing only from a stock of white males do not have a qualified stock to choose from and fail to be adequately competitive. B. Economic forces do not afford absolute protection against employment discrimination on the basis of race, gender, or nationality. C. Workplace diversity does not reflect the pluralism of society limiting offenses against a person on the basis of race gender or nationality. D. Individuals interested in profit maximization always prefer to hire the most qualified applicants regardless of their race.

B. Economic forces do not afford absolute protection against employment discrimination on the basis of race, gender, or nationality.

Leena, who works for a 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 Programs (OFCCP), Leena qualifies as an Internet applicant for job opportunities in Zest Corp. if she _____. sends an email inquiry about the job does not remove herself from the selection process prior to receiving an offer posts her resume on a third-party job board submits an expression of interest in employment personally through a written letter

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

Identify a true statement according to scholars who do not believe in the necessity of regulation of employment relationship. A. Markets work to encourage employers' rational, nonbiased behavior over those personal biases. B. Economic forces do not offer absolute protection against employment discrimination. C. Employment decisions that are independent of race or gender are inefficient. D. Rational individuals interested in profit maximization hire employees from the majority community.

A. Markets work to encourage employers' rational, nonbiased behavior over those personal biases.


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