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Employment Law > Employment Coverage Tests > Flashcards

Employment Coverage Tests Flashcards

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1
Q

What is the Master-Servant Test (AKA Common-Agency Test)?

A

Examining the manner and means by which the product is accomplished.

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2
Q

What are the factors used by the Common-Agency Test?

A

The Reid Factors

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3
Q

What is the first Reid Factor?

A

(1) The skill required

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4
Q

What is the second Reid Factor?

A

(2) The source of the instrumentalities and tools

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5
Q

What is the third Reid Factor?

A

(3) The location of work.

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6
Q

What is the fourth Reid Factor?

A

(4) The duration of the relationship between the parties.

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7
Q

What is the fifth Reid Factor?

A

(5) Whether the hiring party has the right to assign additional projects to the hired party.

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8
Q

What is the sixth Reid Factor?

A

(6) The extent of the hired party’s discretion over when and how long to work.

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9
Q

What is the seventh Reid Factor?

A

(7) The method of payment.

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10
Q

What is the eighth Reid Factor?

A

(8) The hired party’s role in hiring and paying assistants.

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11
Q

What is the ninth Reid Factor?

A

(9) Whether the work is part of the regular business of the hiring party.

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12
Q

What is the tenth Reid Factor?

A

(10) Whether the hiring party is in business.

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13
Q

What is the eleventh Reid Factor?

A

(11) The provision of employee benefits.

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14
Q

What is the twelfth Reid Factor?

A

(12) The tax treatment of the hired party.

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15
Q

What is the Economic Realities Test?

A

Fair Labor Standards Act (FLSA)

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16
Q

What are the factors used for the Economic Realities Test?

A

The Brandel Factors.

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17
Q

What is the first Brandel Factor?

A

(1) Control

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18
Q

What is the second Brandel Factor?

A

(2) Profit and Loss

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19
Q

What is the third Brandel Factor?

A

(3) Capital Investment

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20
Q

What is the fourth Brandel Factor?

A

(4) Degree of Skill Required

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21
Q

What is the fifth Brandel Factor?

A

(5) Permanency

22
Q

What is the sixth Brandel Factor?

A

(6) Integral Part of Defendant’s Business

23
Q

What is the seventh Brandel Factor?

A

(7) Dependence on Workers

24
Q

What is the Common Law Agency Test for?

A

Employee vs. Independent Contractor

25
Q

What is the Rutherford Test for?

A

Joint Employment

26
Q

What is the first California test?

A

Borello + Application

27
Q

What is the second California test?

A

ABC Test

28
Q

What is the third California test?

A

Prop 22

29
Q

What do Borello and the ABC tests do differently than other tests?

A

They have a presumption of being an employee.

30
Q

What is the Salinas test for?

A

Relationships between Employers

31
Q

What is the A in the ABC Test?

A

(A) The person is free from control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.

32
Q

What is the B in the ABC Test?

A

(B) The person performs work that is outside the usual course of the hiring entity’s business.

33
Q

What is the C in the ABC Test?

A

(C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

34
Q

What is the first of the Borello Test Indicia?

A

The first of the Borello Test Indicia is whether the one performing services is engaged in a distinct occupation or business.

35
Q

What is the second of the Borello Test Indicia?

A

The second of the Borello Test Indicia is the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specailist without supervision.

36
Q

What is the third of the Borello Test Indicia?

A

The third of the Borello Test Indicia is the skill required in the particular occupation.

37
Q

What is the fourth of the Borello Test Indicia?

A

The fourth of the Borello Test Indicia is whether the principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work.

38
Q

What is the fifth of the Borello Test Indicia?

A

The fifth of the Borello Test Indicia is the length of time for which services are to be performed.

39
Q

What is the sixth of the Borello Test Indicia?

A

The sixth of the Borello Test Indicia is the method of payment, whether by the time or by the job.

40
Q

What is the seventh of the Borello Test Indicia?

A

The seventh of the Borello Test Indicia is whether or not the work is part of the regular business of the principal.

41
Q

What is the eighth of the Borello Test Indicia?

A

The eighth of the Borello Test Indicia is whether or not the parties believe they are creating a relationship of employer-employee.

42
Q

What is the first Borello Test Factor?

A

The first Borello Test Factor is the alleged employee’s opportunity for profit or loss depending on his managerial skill.

43
Q

What is the second Borello Test Factor?

A

The second Borello Test Factor is the alleged employee’s investment in equipment or materials required for the task.

44
Q

What is the third Borello Test Factor?

A

The third Borello Test Factor is the alleged employee’s employment of helpers.

45
Q

What is the first Rutherford Factor?

A

The first Rutherford Factor is whether Liberty’s premises and equipment were used for the plaintiffs’ work.

46
Q

What is the second Rutherford Factor?

A

The second Rutherford Factor is whether the Contractor Corporation had a business that could or did shift as a unit from one putative joint employer to another.

47
Q

What is the third Rutherford Factor?

A

The third Rutherford Factor is the extent to which plaintiffs perform a discrete line-job that was integral to Liberty’s process of production.

48
Q

What is the fourth Rutherford Factor?

A

The fourth Rutherford Factor is whether responsibility under the contracts could pass from one subcontractor to another without material changes.

49
Q

What is the fifth Rutherford Factor?

A

The fifth Rutherford Factor is the degree to which the Liberty Defendants or their agents supervised plaintiffs’ work.

50
Q

What is the sixth Rutherford Factor?

A

The sixth Rutherford Factor is whether plaintiffs worked exclusively or predominantly for the Liberty Defendants.

Employment Law (1 decks)

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