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BUS 335 WEEK 3 QUIZ 2 CHAPTER 2,3

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BUS 335 WEEK 3 QUIZ 2 CHAPTER 2,3

True / False Questions
1. The employer-employee relationship is the most prevalent type of employment relationship.
True    False

2. Employment contracts may be written but not in oral form.
True    False

3. The specificity of the language used in an employment contract must be very extensive.
True    False

4. The formal agreement which specifies the employment terms and conditions for the employee and employer is called an employment contract.
True    False

5. An employer does not incur any legal responsibilities or liabilities regarding its employees.
True    False

6. The common law principle of employment-at-will says that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time, but only for certain reasons.
True    False

7. There are some restrictions on employment-at-will, such as statutory requirements for nondiscriminatory termination.
True    False

8. An independent contractor is legally considered an employee of the employer who hired him/her.
True    False

9. If an employer hires an independent contractor, it may reduce the employer’s exposure to laws and regulations governing the employment relationship.
True    False

10. A person is more likely to be considered an independent contractor if they work without supervision or oversight from the employer.
True    False

11. Temporary employees are considered to be employees of the temporary help agency that obtained them through its own staffing process.
True    False

12. Court cases suggest that permatemps (employees from a staffing agency who have been with the employer for extended period of time) are still exclusively considered employees of the staffing agency.
True    False
Multiple Choice Questions
13. Regarding employment contracts, ________.
A. both written and oral contracts are enforceable
B. employment-at-will is defined under set-term contracts
C. most employees have a contractual right to be discharged only for cause
D. all of the above are correct

14. The most prevalent form of the employment relationship is _________.
A. independent contractor
B. employer-employee
C. temporary employee
D. employer-employer

15. The common law principle which states that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time is called _________.
A. employment-at-will
B. affirmative action
C. equal employment opportunity
D. a consent decree

16. An example of an exception to the principle of employment-at-will would be _________.
A. employers cannot discharge employees on the basis of poor performance
B. employers cannot discharge employees on the basis of race
C. employers cannot discharge employees for stealing from the company
D. none of the above

17. Which of the following statements is true regarding independent contractors?
A. An independent contractor is a legal employee of the company which hired him/her.
B. Using an independent contractor increases the employer’s exposure to laws and regulations governing the employment relationship.
C. Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees.
D. Using an independent contractor substantially increases the right of the employer to control the contractor.

18. Which of the following factors increase the likelihood that a worker will be considered an independent contractor?
A. The independent contractor works without supervision or oversight from the employer.
B. The independent contractor sets his or her own work hours.
C. The independent contractor is paid by the project rather than by the time spent.
D. All of the above.

19. Which of the following is true regarding temporary employees?
A. Temporary employees are considered to be employees of the organization which is using their services, not the temporary help agency.
B. During job assignments, temporary workers are on the payroll of the organization using their services.
C. Use of temporary workers can often raise issues of “co-employment.”
D. All of the above are correct.

20. What can employers do to ensure that permatemps, that is, individuals from staffing firms who have long-term relationships with an employer, are not considered employees of their firm?
A. Never exercise direct control over these people and treat them separate from regular employees.
B. Ensure they provide sufficient training and supervision.
C. Provide permatemps with special hats indicating their status as temporary.
D. None of the above are correct.

Laws and Regulations
True / False Questions
21. Employment laws and regulations exist, in part, to reduce or limit the employer’s power in the employment relationship.
True    False

22. Laws and regulations provide protections to employees that they could not possibly acquire individually in an employment contract.
True    False

23. The Civil Rights Act specifically mentions employment practices that are permitted for employers.
True    False

24. The majority of common law decisions are made at the federal level.
True    False

25. Constitutional law supersedes any other source of law or regulation.
True    False

26. Examples of common law include the Fifth and Fourteenth Amendments to the Constitution.
True    False

27. The Civil Rights Act is a statutory source of law/regulations.
True    False

28. Agencies that enforce staffing laws typically do not rely on written documents to perform their functions.
True    False
Multiple Choice Questions
29. Which of the following statements is true regarding the laws and regulations which govern the employment relationship?
A. Their purpose is to create a reasonable balance of power between the employer and employee.
B. Their purpose is to create a reasonable power advantage for employees.
C. Their purpose is to create a reasonable power advantage for employers.
D. Their purpose is to provide protections for employees only.

30. The primary source of common law is ________.
A. the Constitution
B. federal statutes
C. past court decisions
D. federal agency guidelines

31. Due process rights have their primary source in _________.
A. EEOC guidelines
B. federal statutes
C. state statutes
D. the U.S. Constitution Amendments

32. A _________ is a civil wrong that occurs when the employer violates a duty owed to its employees or customers that results in harm or damages.
A. tort
B. crime
C. constitutional law violation
D. failure of due process

33. Statutory law is derived from ________.
A. court cases
B. the US constitution and its amendments
C. written documents passed by legislative bodies
D. agencies at the federal, state and local levels

34. Agencies that regulate fair employment practice exist at which level?
A. federal
B. state
C. local
D. all of the above

35. The role of federal agencies is to __________.
A. develop, create, and implement the law
B. interpret, administer, and enforce the law
C. facilitate greater communication between courts
D. render decisions in court cases regarding employment law

EEO/AA Laws: General Provisions and Enforcement
True / False Questions
36. Whether an organization is covered by the Civil Rights Act, Age Discrimination in Employment Act (ADEA), and Americans With Disabilities Act (ADA) depends on its number of employees.
True    False

37. When determining if an organization large enough to be covered by ADA law, only full-time employees should be included in the employee count.
True    False

38. Company officials and individual managers can be held personally liable for discrimination under the Civil Rights Act, the ADA, or the ADEA.
True    False

39. The Civil Rights Act prohibits discrimination on the basis of age or disability status.
True    False

40. The Age Discrimination in Employment Act covers individuals over the age of 40.
True    False

41. Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.
True    False

42. Claims of disparate treatment focus on the effect of employment practices, rather than on the motive or intent underlying them.
True    False

43. Claims of disparate impact focus on the effect of employment practices, rather than on the motive or intent underlying them.
True    False

44. Applicant flow statistics look at differences in selection rates (proportion of applicants hired) among different groups for a particular job.
True    False

45. The EEOC’s preferred method of settlement for employment discrimination claims is a lawsuit.
True    False

More Questions are Included…

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