WGU C233 Employment Law, Exam Review, all Questions sections coverage, rated A+

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WGU C233 Employment Law, Exam Review, all Questions sections coverage, rated A+ Supremacy Clause - ✔✔-The Constitution mandates that the Constitution, federal law, treaties, and federal reg... ulations are the highest laws of the land and have priority over state law Independent Contractor - ✔✔-the employer is not subject to wage and hour laws, anti-discrimination laws, federal employee tax withholdings, or vicarious liability law. the IRS has a keen interest in ensuring employers are not improperly classifying employees when they are really employees, and the tax penalties for improper classification are heavy. three different tests commonly used to determine if a worker is an employee or independent contractor: - ✔✔-1. The common law agency test 2. The economic realities test 3. The IRS 20-factor analysis Common Law Agency Test - ✔✔-A test used to determine employee status; though it considers several factors, the most critical is whether the employer has the right or ability to control the work. ie standards of work hours, grooming, dress, billing processes, reporting procedures joint employers - ✔✔-refers to two or more employers who employ the same individual such as temp agency and business Covered Employment Agency - ✔✔-An agency that regularly procures employees for at least one covered employer-subject to employment law regulation. A labor organization is subject to federal employment law statutes if - ✔✔-It represents the employees of an employer. Its membership exceeds a certain level. It maintains a hiring hall which procures employees for at least one covered employer. It is engaged in an industry-affecting commerce. intentional interference with contract - ✔✔-The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another. perhaps a coworker or client, pressures the employer to terminate an employee without cause Intentional Infliction of Emotional Distress - ✔✔-tort that produces mental anguish caused by conduct that exceeds all bounds of decency Montana Wrongful Discharge from Employment Act - ✔✔-The WDEA prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. Covered only for 4 years Economic Realities Test - ✔✔-A test by which the courts consider whether the worker is economically dependent on the business or, as a matter of economic fact, is in business for himself or herself. The deciding point is whether the worker has little freedom to exit the relationship because he or she is economically dependent on the business to which he or she renders service. IRS 20-Factor Test - ✔✔-Set of 20 Factors that the IRS uses to determine whether workers are employees or independent contractors. see 1:3 How does the constitution affect employment law - ✔✔-The constitution governed by the 3 branches of government enforce laws for the "welfare" of the people Common Law - ✔✔-(civil law) a law established by following earlier judicial decisions; based on precedent and customs Explain why it is important for an organization to correctly identify which workers are "employees" versus independent contractors? - ✔✔-The IRS tax penalties for improper classification are heavy.1 When might a contingent employee (or temporary worker) hired from an employment agency be considered an employee? - ✔✔-for federal law purposes if he or she works for a long time for an employer and performs the same work, and in the same circumstances, as a traditional employee. What action(s) may require a volunteer to be classified as an employee? - ✔✔-if their service results in the conferral of benefits such as a pension, group life insurance, workers' compensation, or access to professional certification Which members of an organization's leadership are exempt from employee status? - ✔✔-Partners, corporate officers, directors, and major shareholders List the factors used to determine whether two or more firms are considered an integrated enterprise - ✔✔-interrelation between operations, such as sharing management services, payroll, and office space, shared management, as in having a common slate of managers, officers, and directors. The degree of common control of labor relations, as in human resources administration or personnel policy development The level of shared ownership. Describe and give examples of the following types of employment contracts: Agency - ✔✔-a contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. In the employment relationship, the employer is the principal and the employee is the agent. Describe and give examples of the following types of employment contracts: Union Contracts - ✔✔- How might the employee handbook affect the employment contract? - ✔✔-if an employer, either by collective bargaining agreement with a union, in express promises in an employee handbook, or by conduct, guarantees that certain remedial action - progressive discipline - will be offered, that agreement must be honored and the remedial steps followed, or the fired employee may have a claim of wrongful discharge. Moreover, if the termination violates a collective bargaining agreement it will be considered by the NLRB to be an unfair labor practice. Describe the three (3) exceptions to employment at will. - ✔✔-Public Policy - Employees cannot be terminated for whistleblowing, filing for wc etc Implied Contract - Oral agreement of job security Covenant of Good Faith - Employment relationship of Good Faith. Employee not getting fired right before retirement or big commission What is an example of constructive discharge? - ✔✔-Quitting due to ongoing sexual harassment that isn't remedied Describe how intentional interference with a contract may happen. - ✔✔-a third party, perhaps a coworker or client, pressures the employer to terminate an employee without cause. The idea is that, while the employment relationship is not expressly contractual, the meddling of the third party in an otherwise healthy employer/employee relationship has the same effect as an interference with contract. What is important for employers with regard to how they treat employees during termination? - ✔✔- They don't defame their name to prevent defamation suit 1.3 How would an HR professional determine whether an employment law is applicable to his/her employer? - ✔✔-The first step is determining which federal employment statutes apply to the firm. Some federal laws apply to all employers regardless of size. Such is the case of the USERRA and the NLRA. Others have application only if a firm has a specified number of employees. For example, Title VII applies to firms with fifteen or more employees, while the ADEA requires twenty and and the IRCA four. The second step would be to determine if the employe [Show More]

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