Business Law II Chapter 27 Test

• Employer - the party who pays for work done is known is what
• An independent contractor is a worker who agrees to produce a finished job without being supervised
• Employment exists when an employer contracts to pay an employee to do work under the employer's supervision and control
• An employee is the party who is paid for his or her work that is done
• Employment contracts are derived from what 3 sources?

  Express, implied, and state and federal laws
• What act ensures that military person be re-employed by their former employers after honorable discharge from the service?

  Military selective service act
• Express employment contracts are oral or written documents
• A party who violates an express term is liable for breach
• Wrongful discharge is defined as a situation in which an employee's contract of employment has been terminated unlawfully by the employer in circumstances where the termination breaches one or more terms of the contract of employment
• Employment contracts can always be identified in what two ways?

  At will or for a specific period
• The FLSA sets the minimum protection for young workers
• An employee is discharge for cause when the cause of the discharge was because of a violation of an employment obligation
• An employee is without cause when the cause of the discharge was not the employee's conduct
• Money paid by the government (or a private insurance fund) to workers who lost their job through no fault of their own is known as what?

  Unemployment compensation
• Unemployment compensation payments are made by the states in cooperation with the federal government under the Social Security Act of 1935
• Public employees are entitled to due process before being discharged
• T/F If an employee commits a tort but is acting within the scope of the employee's business, the employee alone is liable for any resulting injuries False
• List three hazardous occupations not available to minors: Demolitions, meat packaging, and roofing
• T/F If an employer does not provide safe working conditions, the employee may quit without breaching the employment contract True
• What does the acronym OSHA stand for?

  Occupational safe and health administration
• The principal obligations created by law that employers owe to employees are what?

  Safe working conditions and reasonable
• Duty of loyalty and honesty - requires employees to look out for the best interests of the employer
• Duty of obedience - requires employees to follow the reasonable orders and rules of the employer
• The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments
• FLSA - fair labor standards act
• Duty of reasonable skill - requires employees to perform job tasks with competence
• Duty of reasonable performance - requires employees to execute assigned duties at the prescribed time and in the prescribed manner