Exam 6

Question 1

How many factors does the IRS consider, relative to the materials we covered in this course, when determining whether a worker is an employee or an independent contractor?

Answer 1

20

Question 2

General hospital of south town shores (ghosts) has a large laboratory which conducts tests on multiple blood and tissue samples each day for its own patients and for patient samples referred and submitted from various healthcare providers in the greater Miami metro area…. based on the facts provided, which of the following statements is correct:

Answer 2

Monique’s termination of qwashaun was proper and not actionable.

Question 3

“Closed shop” union contracts describe a type of labor agreement where only a people who are members of the union which is a party to the contract with the company may work at that company.

Answer 3

true

Question 4

“Right to work” laws permit anyone to work for/ with any employer. Regardless of whether that person is a member of a union or not.

Answer 4

true

Question 5

The “employment at will” doctrine requires a worker to give reasonable notice to the employer prior to leaving work permanently.

Answer 5

false

Question 6

A Christian church may refuse to hire an individual to teach children lessons from the Bible if that person is not a Christian

Answer 6

true

Question 7

A Bona Fide occupational qualification may be the basis for allowing the Dallas cowboys cheerleaders to refuse to hire a man, who looks like your professor, to be a cheerleader for the cowboys.

Answer 7

true

Question 8

Florida is a right-to-work state.

Answer 8

true

Question 9

If a worker must perform the services in the order or sequence set by the person for who services are performed, that shows the worker is not free to follow his or her own pattern of work and indicates employee status, as opposed to an independent contractor.

Answer 9

true

Question 10

An employer-employs relationship generally exists if the person performing the services “is subject to the will and control of the employer not only as what will be done but how it shall be done.”

Answer 10

true

Question 11

A “non-compete” contract between an employer and an employee or independent contractor must be in writing to be enforceable against the employee or independent contractor.

Answer 11

true

Question 12

Under present law, the determination of whether a worker is an employee or an independent contractor is generally made under a facts and circumstances test that seeks to determine whether the worker is subject to the consent tell of the service recipient, not only as to the nature of the work performed, but the circumstances under which is it performed.

Answer 12

true

Question 13

How many factors does the department of labor consider when determining wherever a worker is an employee or an independent contractor relative to the fair standards labor act?

Answer 13

6

Question 14

The “employment at will” doctrine requires an employee to give reasonable notice to the employee prior to terminating the employment relationship.

Answer 14

false

Question 15

An “employment at will” doctrine holds that the employer or employee may terminate the employment relationship at any time for any reason.

Answer 15

true

Question 16

A “non compete” contract can be enforceable between an employer/employee relationship or between a company and an independent contractor?

Answer 16

true

Question 17

Regarding a “non compete” agreement or contract, the party seeking to enforce the restrictive covenant must plead and prove that the contractually specified restraint is reasonably necessary to protect the legitimate business interest or interests justifying the restriction.

Answer 17

true

Question 18

“Non compete” agreements or contracts are enforceable, so long as such contracts are reasonable in:

Answer 18

Time, area, and line of business

Question 19

As the administrator of a large physician group practice, you may terminate the employment of one of your subordinates for attempting to form a union at your office.

Answer 19

false

Question 20

Which of the following are limitations on the doctrine of employment at will:

Answer 20

Federal civil rights act of 1964

Question 21

Management has no right to receive notice of labor work stoppage, or a strike, from the labor union because a union can go on strike at any time to demand higher wages.

Answer 21

false

Question 22

A union may be prohibited from picketing its employer in order to bring pressure on the employer to increase wages.

Answer 22

false

Question 23

An employer would not be in any violation of any law, specifically the civil rights act of 1964, if the employer terminates the employment of a female of African descent, who is a Rastafarian and who was born in Jamaica, because she wore green shoes to work, when the employer has a rule against wearing green shoes.

Answer 23

true

Question 24

For an employee to be able to claim benefits under workers compensation insurance plan the worker must have been injured within the scope of his/her employment.

Answer 24

true

Question 25

A municipal fire department has no rights to refuse to hire a 75 year old grandmothers who has to use a cane to walk, for the position of a fire fighter.

Answer 25

false

Question 26

If a Florida physician does not provide proof of a professional liability insurance policy with coverage in an amount not less than $100,000 per claim, with a minimum annual aggregate of not less than $300,000 in order to obtain and maintain a license to practice medicine in Florida.

Answer 26

false

Question 27

Which of the following is NOT legal means of proving financial responsibility in order to obtain or maintain a medical license in Florida:

Answer 27

Surety bond is an amount not less than $100,000 per claim, with a minimum aggregate availability of credit not less than $300,000.

Question 28

A continuing relationship between the worker and the person for whom the services are performed indicates employee status, as opposed to independent contractor.

Answer 28

true

Question 29

If a worker must preform services in the order or sequence set by the person for whom services are preformed, that shows the worker is not free to follow his or her own pattern of work, and indicates employee status, as opposed to an independent contractor status.

Answer 29

true

Question 30

A worker who can realize a profit or suffer a loss as a result of the services (in addition to the profit or loss ordinarily realized by employees) is generally an independent contractor.

Answer 30

true

Question 31

A person recovers compensation for work related injuries under Worker’s Compensation laws based on the employer-employee relationship & not on the theory of negligence

Answer 31

true

Question 32

“Closed Shop” union contracts describe a type of labor agreement/contract where people must become a member of the union, which is a party to the contract with the company, within a certain amount of time after employment.

Answer 32

false

Question 33

As discussed in the lecture, which of the following was discussed as an exception to deeming a worker as an employee under a ‘facts and circumstances’ analysis, and is labeled a “Reasonable Basis” for treating a worker as an independent contractor, when they would otherwise be deemed an employee:

Answer 33

Industry practice

Question 34

As discussed in the lecture on labor, which of the following people or organizations will try to determine whether your workers are either independent contractors or employees:

Answer 34

The IRS, the Department of Labor, and a former independent contractor.

Question 35

In Florida, public employees do not have the right to strike.

Answer 35

true

Question 36

You are the Administrator of the orthopedic center at Palm Beach Big Profit Hospital. The Board of Directors of the Hospital decides to open an imaging clinic for the use of the physicians to use at the hospital. Prior to this time, all imaging work was referred to an out provider. The Board directs you to set up the staffing for this new clinic and that all of those individuals need to be independent contractors in order to reduce labor costs. Under this directive, you should consider which factors when staffing the clinic:

Answer 36

A. The integration of the individuals into the clinic/hospital activities

Question 37

An employee may have a cause of action under the Fair Labor Standards Act for termination based on the employee’s religion.

Answer 37

true