WGU C233-- Employment Law: Topics 1
& 2 Already Passed
Supremacy Clause ✔✔Mandates that the constitution, federal laws, treaties and federal regulations are the highest laws above the land and are priority over state laws.
Stare Decisis ✔✔Doctrine of a court following the precedent of an earlier court.
Judicial Review ✔✔Power of the Supreme Court to consider whether a law comports with the consititution.
Respondeat Superior ✔✔Employer is only responsible for the employee action performed within the scope of employment.
Scope of Employement ✔✔Involves employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description.
What 3 tests are used to classify whether someone is an employee or an independent contractor?✔✔Common Law Agency Test, Economic Realities Test, and The IRS 20-Factor Analysis. 1 / 2
Common Law Agency Test ✔✔A worker is an employee if the employer maintains the right to control the method of work performed. For example, a worker classified as an independent contractor, but who must conform to strict standards of work hours, grooming, dress, billing processes, reporting procedures, and so on, is really an employee.
Economic Realities Test ✔✔Looks past technical, common-law concepts of the master/servant relationship to determine whether the "economic reality" of a working relationship renders a worker substantially dependent on a given employer. The deciding point is whether the worker has little freedom to exit the relationship because he or she is economically dependent on the business to which he or she renders service.
IRS 20-Factor Analysis ✔✔A guide to employers in determining if workers are indeed independent contractors. Most of these factors relate to control by the employer.
Integrated Enterprise ✔✔One in which the operations of two or more employers are considered so intertwined that they can be considered a single employer for purposes of both federal statutory coverage and liability - an important consideration.
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