Reference no: EM131396673

The Regulation of Employment

1: If Adam hired Constance as an employee to work in his store selling oriental artifacts on his behalf, Adam would be the _____ and Constance would be his _____.

A)principal; agent

B)agent; principal

C)principal; bailee

D)bailee; principal

2: Bill Lister contracted with Plimsoll Corporation to complete the roofing on a housing complex. A signed contract established a flat amount for the services rendered by Bill Lister. Bill is a licensed roofer and does his business under the business name, Lister Roofing. He hires his own roofers who are treated as employees for federal employment tax purposes. If there is a problem with the roofing work, Lister Roofing is responsible for paying for any repairs. Bill Lister, doing business as Lister Roofing, is a(n):

A)agent.

B)independent contractor.

C)bailor.

D)lessee.

3: Ashton works as a driver for Valentine & Co. He is required to drive the company truck from one company plant to another and transport the goods. In the course of one such trip, he sideswipes a car belonging to Aline. Valentine & Co. was held liable to Aline. This is a case of:

A)trespass.

B)conversion.

C)vicarious liability.

D)contributory liability.

4: The Internal Revenue Service 20-factor analysis test is commonly used by courts to:

A)classify employees and independent contractors.

B)decide whether disparate impact existed in a given situation.

C)resolve disputes between a principal and an agent.

D)determine whether a worker is economically dependent on the business.

5: Which of the following tests is commonly used by courts to determine whether a worker qualifies as an employee?

A)Radioimmunoassay test

B)Internal Revenue Service 20-factor analysis

C)Four-fifths analysis

D)Economic realities test

6: Helen was hired by Imprint magazine to write five articles on the changing lifestyle of New York's women. Helen is a _____ worker.

A)Regular

B)Contingent

C)Legacy

D)Permanent

7: George has indicated an interest in being considered for employment in Donaldson's Inc. In this case, George is a(n):

A)lessor.

B)pledger.

C)applicant.

D)bailee.

8: A(n) _____ usually includes prohibitions against disclosure of trade secrets or soliciting the employer's employees or customers.

A)compromise agreement

B)yellow-dog contract

C)ironclad contract

D)noncompete agreement

9: The _____ clause identifies the state law that will apply to any disputes that arise under the contract.

A)forum selection

B)Escalator

C)Omnibus

D)Reserve

10: The theory under which a court may prohibit a former employee from working for an employer's competitor if the employer can show that it is certain that the former employee will reveal a trade secret by virtue of her or his position is known as the:

A)estoppel principle.

B)inevitable disclosure theory.

C)abstraction principle.

D)blue pencil theory.