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Question 11 pts   The Supremacy Clause of the Constitution…

Question 11 pts

 

The Supremacy Clause of the Constitution requires:

Group of answer choices

If there is a conflict between state and federal law, state law prevails if the state law was in existence first.

 

The Supreme Court is to resolve conflicts between federal and state law.

 

The Supremacy Clause requires Congress to preempt state law or local ordinances when enacting legislation.

 

If there is a conflict between federal and state law, federal law prevails.

 

The United States Supreme Court is “supreme” over state supreme courts.

 

 

Flag question: Question 2Question 21 pts

 

The principal characteristic distinguishing a worker as an employee from an independent contractor is:

Group of answer choices

The agreement of the parties as to the worker’s classification

 

Whether or not the worker provides his or her own tools and equipment

 

The right of the principal to control the means and methods of performing the work

 

Whether the worker is licensed by a state agency to perform the work

 

Whether the worker’s wages are reported on a W-2 or a form 1099.

 

 

Flag question: Question 3Question 31 pts

 

The term “Private Ordering” refers to:

Group of answer choices

The rules the parties themselves establish to govern their relationship.

 

Government-imposed limitations that directly set terms and conditions of employment or affect such terms and conditions indirectly.

 

The inability of workers to waive substantive rights.

 

The duty of private sector workers to follow the directives of their supervisors.

 

None of the above.

 

 

Flag question: Question 4Question 41 pts

 

The term “Government Mandates” refers to:

Group of answer choices

All issues related to the employment relationship are governed by mandates from the federal government.

 

The rules the parties themselves establish to govern their relationship.

 

The government is to undertake a practical, fairness-based approach to determining worker status.

 

The prohibition against employers discriminating against employees on the basis of age as to employees who are 40 years of age and younger.

 

Government-imposed limitations that directly set terms and conditions of employment or affect such terms and conditions indirectly.

 

 

Flag question: Question 5Question 51 pts

 

A tension exists between government mandates and private ordering as a result of:

Group of answer choices

Private ordering will prevail in a conflict against government mandates.

 

Government mandates will override private ordering – they establish certain rights and duties that cannot be waived by private ordering.

 

Employees can always waive substantive rights created by private ordering.

 

The law’s overwhelming bias towards designating workers as independent contractors.

 

The freedom which employers have to designate workers as independent contractors.

 

 

Flag question: Question 6Question 61 pts

 

Which of the following is not a source from which rights and duties can arise from in the context of employment law?

Group of answer choices

Federal and state constitutions.

 

The common law.

 

Contractual agreements.

 

Government regulations

 

All of these can be the source of rights and duties.

 

 

Flag question: Question 7Question 71 pts

 

Which of the following is not a characteristic of an independent contractor?

Group of answer choices

They report earnings on a form 1099.

 

They receive medical benefits from their employer.

 

They are retained for a specific project with a defined end date or result.

 

They supply their own tools and equipment.

 

They make their services available in the free market and do not work exclusively for one employer.

 

 

Flag question: Question 8Question 81 pts

 

Which of the following is not a benefit to the employer of classifying a worker as an independent contractor include:

Group of answer choices

Not having to worry about minimum wage and overtime compensation.

 

Not having to provide employee benefits, including health plan coverage.

 

Not having to worry about disability payments and workers’ compensation coverage.

 

Reduced civil liability to third parties for the contractor’s negligence.

 

All of these are benefits to the employer of classifying a worker as an independent contractor.

 

 

Flag question: Question 9Question 91 pts

 

How is employer liability established for the negligent acts of an employee?

Group of answer choices

The employee is found to have been acting within the course and scope of their employment when they committed the negligent act.

 

The employer is strictly liable for all the negligent acts of the employee.

 

The employer is only liable if the employee doesn’t carry insurance.

 

Employers are never liable for the negligent acts of their employees.

 

Employers are liable if the negligent was reasonably foreseeable and the employer was negligent in taking steps to safeguard the public.

 

 

Flag question: Question 10Question 101 pts

 

Which of the following factors will generally be given the least weight when determining whether a worker is an employee or independent contractor:

Group of answer choices

The skill required in the particular occupation.

 

The method of payment, whether by the time or by the job.

 

The agreement between the worker and the employer stating the worker is an independent contractor.

 

Whether or not the work is a part of the regular business of the employer.

 

The length of time for which the person is employed.

 

 

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