Question

independent contractor under the longstanding "common law test" is a. the location of the work. b. the amount of money the worker makes. c. the right of the employer to control, how, where and when the work 14. The main factor in determining if a worker is an employee or an gets done. whether the worker is a member of a labor union. A work visa is not required for a foreign national to work in the U.S. if a. she will only be in the U.S. for one month. b. she is being transferred to her employers U.S. office directly from 15. its company headquarters in a foreign nation. she has a "green card." d. none of the above. Exceptions to the employment-at-will doctrine include all of the following except a. written employment contracts. b. the employment discrimination laws. 16. minimum wage laws. whistleblower protection laws. d. 17. Mandatory arbitration agreements requiring employees to use arbitration rather than the courts to resolve employment law claims a. are generally unenforceable. b. are generally rescinded (cancelled) by the courts. c. are generally ignored by the courts. d are generally enforceable. 18. XYZ Corporation obtains temporary workers when needed from ABC Temporary Labor Co. At the request of XYZ, ABC agrees not to refer any pregnant women to XYZ Jill, a pregnant employee of ABC, learns of the arrangement" between ABC and XYZ and sues both companies for pregnancy discrimination? Who is most likely to be found liable? a. XYZ only b ABC only. & both XYZ and ABC d. Jill's spouse.

Answer 1

14) c) The right of the employer to control, how, where and when the work gets done.

Independent contractors under the federal labour laws, can join the labor union if they want. As per the common law test, the difference between employee and independent contractor can be identified by the control employers give to the employees. Employers fully control the employees and this tells them how, when and where to perform a task. On the other hand, independent contractor is free and they only work on their own free will.

15) c) She has a 'green card'.

When a person from foreign national work in U.S., he or she might not need work visa if he or she has a green card. A green card is given as a temporary citizenship.

16) c) Minimum wage laws.

Employment at will is when an employer has a right to terminate an employee under any reason without giving any explanation to the employee until and unless the reason is not illegal. So there are some exceptions of this which are agreement, contracts, and other situation where employees' right are being protected. Minimum wage laws doesn't come under this.

17) d) Are generally enforceable.

The Supreme court of United States after a long consideration, has made the mandatory arbitration agreements in employment as enforceable. This agreement has been made to make the employees limited opportunity to negotiate.

18) c) Both XYZ and ABC.

Both the corporation are liable as they both agreed not to hire any pregnant women for employment. What Jill leans from the arrangements has made it clear that both the corporation are liable for the pregnancy discrimination.

Hope this helps :)