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Related Questions

• Q9:

  Distinguishing between employees and independent contractors is important because: A)income tax must be withheld for employees, but not independent contractors B)employers have fewer legal obligations to independent contractors C)employers can defend their actions under employment laws by proving that persons performing work are independent contractors D)all of the above E)none of the above

• Q10:

  Which of the following is true of the common law test? A)it is especially useful for distinguishing partners from employees B)it focuses on the right of control C)it focuses on the hired party's ability to sell his services to a variety of hiring parties D)it is especially useful for determining whether individuals should be covered as family members under benefit plans E)none of the above

• Q11:

  The main reason employers would rather hire independent contractors than employees is: A)its cheaper B)the employer has more control over independent contractors C)the independent contractor has fewer rights under law than an employee D)all of these E)a and c only

• Q12:

  Which of the following is an accurate statement regarding independent contractor agreements? A)they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized B)they are useless as indicators of independent contractor status C)they can be renewed automatically and as often as necessary D)they can support a claim to independent contractor status, but the actual relationship is the most important factor E)a and c

• Q13:

  In Narayan v EGL,Inc.,the plaintiffs were drivers hired in California by a Texas firm,which had them sign independent contractor agreements under Texas law.They sued,contending they were employees,entitled to overtime pay and other benefits,and summary judgment was entered against them because of the independent contractor agreement.They appealed,and on appeal,the court ruled: A)that they were independent contractors, because they signed the independent contractor agreement B)that they were employees, because Texas law did not apply in California C)that summary judgment was vacated, and the case remanded for trial, since a jury could reasonably determine from the evidence that they were employees D)none of these

• Q15:

  A company has one office with nine employees and a second office with 12 employees.If an employee who works in the first office is harassed and attempts to sue under Title VII,which of the following questions becomes a relevant issue: A)whether this is a single, integrated enterprise B)whether these are joint employers C)whether the multi-employer doctrine applies D)whether the joint payroll method applies E)whether Title VII applies extraterritorially

• Q16:

  If a worker is an employee,the employer must: A)provide worker's compensation coverage for the employee B)provide unemployment insurance for the employee C)provide health insurance for the employee D)all of the above E)a and b only

• Q17:

  A worker who is not an employee is likely: A)a partner B)a volunteer C)an independent contractor D)any one of these

• Q18:

  Your sister works at a large,well- known firm which has had trouble sustaining the kind of profit margins their shareholders want to see.In order to keep their numbers up over the years,they have tried every cost-cutting measure they could think of,including some that were of questionable legality.You know about this only because you and your sister talk regularly.You know that she is concerned about losing her job,as there have been many rounds of downsizing,and you have promised her that you would not disclose these matters to anyone.Yesterday,she told you that the firm has been using temp workers for about the last two years,and they are a continuing problem.They come from a temp agency,and there are new workers every month or so,whom she must train.They do little to no work all day,and they are seemingly accountable to no one,since the supervisors don't make them work,yet they still get paid.Your sister knows you are taking this Employment Law course,and she wants you to tell her whether what the company is doing with the temp workers is illegal.Is it? A)Yes B)No

• Q19:

  Under the economic realities test: A)if the hired party depends on the job for the majority of her income, that favors the conclusion that she is an employee B)if the hired party performs tasks that are central to the hiring party's business, that favors the conclusion that she is an independent contractor C)if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor D)if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor E)all of the above