Exam 6 Flashcards
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?
20
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:
Monique’s termination of qwashaun was proper and not actionable.
“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.
true
“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.
true
The “employment at will” doctrine requires a worker to give reasonable notice to the employer prior to leaving work permanently.
false
A Christian church may refuse to hire an individual to teach children lessons from the Bible if that person is not a Christian
true
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.
true
Florida is a right-to-work state.
true
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.
true
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.”
true
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.
true
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.
true
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?
6
The “employment at will” doctrine requires an employee to give reasonable notice to the employee prior to terminating the employment relationship.
false
An “employment at will” doctrine holds that the employer or employee may terminate the employment relationship at any time for any reason.
true
A “non compete” contract can be enforceable between an employer/employee relationship or between a company and an independent contractor?
true
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.
true
“Non compete” agreements or contracts are enforceable, so long as such contracts are reasonable in:
Time, area, and line of business
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.
false
Which of the following are limitations on the doctrine of employment at will:
Federal civil rights act of 1964
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.
false
A union may be prohibited from picketing its employer in order to bring pressure on the employer to increase wages.
false
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.
true
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.
true
