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Classification
Laws
Tests
Misc.
Reading of Cases
100
Misclassification of employees as independent contractors can result in liability under this law.
What is Fair Labor Standards Act of 1938? (page 8)
100
The Rehabilitation Act applies to federal contractors with contracts with the federal government in excess of _______ annually.
What is $10,000? (page 27)
100
Under this test, the courts consider whether the worker is economically dependent on a particular enterprise or works for himself/herself.
What is economic realities test? (page16)
100
A non-compete agreement must be __________ in scope and duration to be enforceable.
What is reasonable? (page 29)
100
The American legal system is based on a system of using legal precedent.
What is stare decisis? (page xxxiii)
200
If an agent acts without authority of the principal, the principal is ______ ________ for any resulting loss to a third party.
What is not liable? (page 7)
200
Title VII of the Civil Rights Act applies to all employers engaged in commerce with _____ or more employees for each working day for 20 or more weeks in the current or preceding year.
What is 15? (page 26)
200
The Three main tests courts use to classify employees and independent contracts:
What is common law agency test, IRS 20-factor, and economic realities test. (page 12)
200
Under this theory, a court may prohibit an employee from working of a former employer's competitor.
What is inevitable disclosure theory? (page 29)
200
In a civil case, the person suing is called
What is the plaintiff? (page xxxiv)
300
True or False? There is one commonly accepted definition of "employee" used by courts.
What is false (page7)
300
The Americans with Disabilities Act applies to all employers with _____ or more workers, including state and local government employers, employment agencies and local unions.
What is 15? (page 26-27)
300
This test includes a consideration of whether the employer provides training of the worker.
What is the IRS 20-factor analysis? (page 13)
300
Non-competes are governed by which law?
What is state law? (page 28)
300
The person getting sued in a civil case is called
What is the defendant? (page xxxiv)
400
A ______ exists when the employer has acted to fill a position, the individual has followed the employer's standard procedures for submitting applications, and the individual has indicated an interest in a particular position.
What is an applicant? (page 20)
400
Willful violations of the Fair Labor Standards Act subject an employer to _______ liability.
What is criminal? (page 11)
400
This is not covered by the EEOC's definition of contingent worker?
What is an applicant? (page 19)
400
This clause should be added to a non-compete agreement so that it will identify the state law to be applied if any disputes arise under the contract.
What is forum selection clause? (page 28)
400
The numbers and letters that follow a case name.
What is the case citation? (xxxiv)
500
In NLRB v. Friendly Cab Co., the court held that the cab drivers were
What is employees? (page 37)
500
The Age Discrimination in Employment Act of 1967 apples to all entities or their agents that employ ____ or more employees on each working day for 20 or more weeks during the current or preceding calendar year.
What is 20? (page 26)
500
This test originated from the master-servant law.
What is common law agency test? (page 12)
500
this worker is one whose job with an employer is temporary, is sporadic, or differs in any way form the norm of full time employment.
What is a contingent worker? (page 19)
500
If a defendant files a _______ ___ _______, the court will decide that issue and say either is granted or denied.
What is motion to dismiss? (page xxxv)