Question 1 (2 points)

Which of the following should be included in a well-drafted independent contractor agreement?

Question 1 options:

a)	A requirement that the worker hire his own assistants.

b)	A flat fee payment arrangement for the work.

c)	A requirement that workers pay their own expenses.

d)	All of the above.

Question 2 (2 points)

Which of the following is not a test used to determine whether a worker is an employee or independent contractor?

Question 2 options:

a)	The Common Law test

b)	The Economic Realities test

c)	The ERISA test

d)	The IRS test

Question 3 (2 points)

Which of the following is an inaccurate statement regarding independent contractor agreements?

Question 3 options:

a)	They will always be treated as an indicator of independent contractor status.

b)	They may support a claim for independent contractor status.

c)	The actual relationship between the employer and worker is the most important element.

d)	All of the above.

Question 4 (2 points)

Barbara became involved in a local non-profit. She proposed and developed a program that was presented under the association. Additionally, she helped create a new committee and participated in many conferences. In return, the association provided her with workspace, clerical support, publicity, and reimbursement for out-of-pocket expenses. Should she be considered an employee?

Question 4 options:

a)	Yes, since she received benefits from the association.

b)	Yes, since the association controlled her behavior.

c)	No, since the benefits that she received did not constitute significant reimbursement.

d)	No, since she had no opportunity for profit or loss.

Question 5 (2 points)

South Shore Staffing, a temp agency, recruits and hires assistants for a large accounting firm. The assistants begin work at the accounting firm and are paid by the agency. They receive instructions from the agency but also follow the accounting firm's work rules. The accounting firm supplies all of the supplies necessary for the job. The temp agency has no clients other than the accounting firm. The workers file suit under the Fair Labor Standards Act against both the temp agency and accounting firm for unpaid wages. Will the accounting firm be considered a joint employer?

Question 5 options:

a)	Yes, since the accounting firm had direct control over the workers.

b)	Yes, since the accounting firm had immediate control of the workers.

c)	Yes, since the temp agency had no business organization that shifted from one place to another, but only placed assistants for the accounting company.

d)	All of the above.

Question 6 (2 points)

XYZ company distributes a new employee handbook to their supervisors for them to distribute to their workers. There is clear and large text that states "employment with the Company is at-will unless otherwise stated in a written agreement signed by the President of the Company. This means that either the Company or the employee can terminate the employment at any time and for any reason, with or without notice." Larry is terminated but is not provided a reason for termination. Was Larry an employee at-will?

Question 6 options:

a)	No, since the handbook was not widely distributed.

b)	Yes, since it seems that the disclaimer was clear and conspicuous.

c)	Yes, but only if they live in Montana.

d)	None of the above.

Question 7 (2 points)

Smith filed a lawsuit against her former employer claiming breach of an implied-in-fact contract for employment. What type of evidence should Smith present to support her claim?

Question 7 options:

a)	Assurances of continued employment

b)	Existence of a non-compete

c)	Personnel practices

d)	All of the above

Question 8 (2 points)

Which of the following is inaccurate about the case, Guz v. Bechtel National, Inc., 8 P.3d 1089 (Cal. 2000)?

Question 8 options:

a)	The court found an express promise was made to Guz that he would only be terminated for cause.

b)	Guz claimed he was entitled to continued employment and discharge only for good cause.

c)	Guz claimed he had the procedural right to a selection process under the RIF Guidelines.

d)	All of the above.

Question 9 (2 points)

Betsy started working for a company five years ago. Then, she was asked to take on a general management position in another state. She was hesitant to leave her current position but the president of the company told her, "Your number one priority is to be a great employee. Then, you'll be golden." She decided to take the position. After two months, the company terminated her but did not provide a reason. Does Betsy have a case against her employer for breach of contract?

Question 9 options:

a)	No, since this type of claim can only be supported by evidence of a valid written contract.

b)	No, since there was no employee handbook.

c)	Yes, since Betsy had an implied-in-fact contract with her employer.

d)	None of the above.

Question 10 (2 points)

Which of the following is not part of the court's ruling in Woolley v. Hoffmann-La Roche, Inc., 491 A.2d 1257 (N.J. 1985)?

Question 10 options:

a)	The policies in the Defendant's Personnel Policy manual were contractually enforceable.

b)	An independent contractor cannot be an employee-at-will.

c)	An employer can include a prominent statement in the manual that there is no promise of any kind by the employer contained in the manual.

d)	None of the above.

Question 11 (2 points)

Which of the following is a disadvantage of an employment contract?

Question 11 options:

a)	Employment contracts are usually not enforceable.

b)	Changes in the contract cannot be done unilaterally.

c)	Employment contracts cannot be used as evidence in court if there is a misunderstanding.

d)	All of the above.

Question 12 (2 points)

Which of the following should be included in an employment contract?

Question 12 options:

a)	The effective date and term of employment

b)	Duties of the employee

c)	Reasons for termination and required notices

d)	All of the above

Question 13 (2 points)

In which of the following situations would a non-compete most likely not be considered valid?

Question 13 options:

a)	Doctor Joyce is required to sign a non-compete as part of her managed care agreement.

b)	John's employer, ABC law firm, requires him to sign a non-compete before he starts employment as a paralegal.

c)	Sue, a hairdresser, is required to sign a non-compete that prohibits her from working for a competitor within 5 miles for 6 months.

d)	None of the above.

Question 14 (2 points)

Which of the following would be considered a breach of the employee's duty of loyalty under Jet Courier Service, Inc. v. Mulei, 771 P.2d 486 (Colo. 1989)?

Question 14 options:

a)	Before getting terminated from a law firm, Chris informs his clients he will be starting a new firm and they should come with him.

b)	While still employed at a hair salon, James starts soliciting clients for a salon he is planning on opening with co-workers.

c)	Before leaving a driving service company, Blair starts her own service and contacts customers offering a discount.

d)	All of the above.

Question 15 (2 points)

Which of the following is part of the common law reasonableness standard test for employee agreements not to compete?

Question 15 options:

a)	No greater than is required for the protection of the employer's legitimate interests

b)	Does not impose an undue hardship on the employee

c)	Is not injurious to the public

d)	All of the above

Question 16 (2 points)

Which of the following is part of a prima facie case of disparate treatment discrimination based on circumstantial evidence?

Question 16 options:

a)	The employee is a member of a protected class.

b)	The employee applied and was qualified for a job where the employer was seeking applicants.

c)	The employee was rejected despite qualifications.

d)	All of the above.

Question 17 (2 points)

For a plaintiff to prevail with this type of claim, the employee must prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.

Question 17 options:

a)	Disparate impact

b)	Disparate treatment

c)	Differential impact

d)	None of the above

Question 18 (2 points)

Larry was terminated from his position. He believes it is because he will be 35 years old. Does he have a claim for age discrimination?

Question 18 options:

a)	No, unless a state law allows it.

b)	There are not enough facts to determine if he has a valid claim.

c)	No, since he is under 40 years old.

d)	All of the above.

Question 19 (2 points)

What was the facially neutral rule in New York City Transit Auth. v. Beazer, 440 U.S. 568 (1979)?

Question 19 options:

a)	A written exam for a promotion with a passing score set at 65.

b)	A minimum 120-pound weight requirement and height requirement of 5 feet 2 inches to be a prison guard.

c)	A policy at the transit authority against having any narcotics in their system, as applied to methadone users.

d)	None of the above.

Question 20 (2 points)

Once an employee establishes a prima facie case of disparate treatment discrimination, what is the employer's burden?

Question 20 options:

a)	A burden of proof to provide evidence for the adverse employment action.

b)	A burden of production to produce admissible evidence to support the reasons for the adverse employment action.

c)	Both a and b.

d)	None of the above.