20. Regarding employees, actions within the scope of employment are those which: a. relate to work the worker was to perform b. occur on company time at the usual place of work c. occur during work hours d. serve only the interests of the employer e. all of these f. a thru c only Answer: F ESSAY QUESTIONS 1. Why is each of the following good legal advice? a. When using independent contractors, firms must be prepared to relinquish most of their control over how work is done. Answer: Independent contractor status, right of control The element of right of control – is an important factor under both the economic realities and common law tests for determining independent contractor status. b. Firms should closely review the status of long-term independent contractors and not assign new projects to them without renewing agreements. Answer: Independent contractor status, duration of work Independent contractors are – typically utilized for short periods of time and to accomplish particular projects. An open-ended relationship raises serious questions about IC status. c. Independent contractor agreements should be used, but only when they document actual independent contractor relationships. Answer: Independent contractor status does not depend on pieces of paper or labels used by firms. However, a contractor agreement that incorporates substantial right of control and other features consistent with IC status can help document the relationship. It might also help avert disputes over the relationship. d. Be particularly cautious about changing the status of workers from employees to contingent workers or having workers with different statuses perform the same work for long periods of time. Answer: It is not illegal to do these things, but since different rights and privileges attach to contingent workers and employees, these circumstances will generally lead “regular” to invidious comparisons and dissatisfied persons who would be more likely to sue. Additionally, it is problematic to structure the same type of work as both employment and contracting.
20. Regarding employees, actions within the scope of employment are those which: a. relate to work the worker was to perform b. occur on company time at the usual place of work c. occur during work hours d. serve only the interests of the employer e. all of these f. a thru c only Answer: F ESSAY QUESTIONS 1. Why is each of the following good legal advice? a. When using independent contractors, firms must be prepared to relinquish most of their control over how work is done. Answer: Independent contractor status, right of control – The element of right of control is an important factor under both the economic realities and common law tests for determining independent contractor status. b. Firms should closely review the status of long-term independent contractors and not assign new projects to them without renewing agreements. Answer: Independent contractor status, duration of work – Independent contractors are typically utilized for short periods of time and to accomplish particular projects. An open-ended relationship raises serious questions about IC status. c. Independent contractor agreements should be used, but only when they document actual independent contractor relationships. Answer: Independent contractor status does not depend on pieces of paper or labels used by firms. However, a contractor agreement that incorporates substantial right of control and other features consistent with IC status can help document the relationship. It might also help avert disputes over the relationship. d. Be particularly cautious about changing the status of workers from employees to contingent workers or having workers with different statuses perform the same work for long periods of time. Answer: It is not illegal to do these things, but since different rights and privileges attach to contingent workers and “regular” employees, these circumstances will generally lead to invidious comparisons and dissatisfied persons who would be more likely to sue. Additionally, it is problematic to structure the same type of work as both employment and contracting.
Test-Bank-for-Employment-Law-for-Human-Resource-Practice-5th-Edition-by-Walsh.docx