Question 1

Olin is an employee of Pharmaceutical Sales,Inc.To determine whether Olin is exempt from federal overtime-pay requirements,the regulations apply

Accepted Answer

A) a job-title test. 
B) a primary duty test. 
C) a willingness-to-sue test. 
D) a work location test. 
A) a job-title test. 
B) a primary duty test. 
C) a willingness-to-sue test. 
D) a work location test. B

Question 2

The state of Idaho enacts a ban on smoking in cafés,bars,and other public places to protect the workers in those facilities from secondhand smoke."Private clubs" are exempt from the ban.Jett,a café owner,objects to the ban and files a suit against the state,claiming a violation of his right to equal protection under the U.S.Constitution.Under the holding in Batte-Holmgren v.Commissioner of Public Health,the court will most likely

Accepted Answer

A) overturn the ban because private clubs are not open to the public. 
B) overturn the ban because there is no rational relationship between the ban's purpose and the exemption for private clubs. 
C) uphold the ban because protecting employees from secondhand smoke is a legitimate state purpose. 
D) uphold the ban because private clubs are not open to the public. 
A) overturn the ban because private clubs are not open to the public. 
B) overturn the ban because there is no rational relationship between the ban's purpose and the exemption for private clubs. 
C) uphold the ban because protecting employees from secondhand smoke is a legitimate state purpose. 
D) uphold the ban because private clubs are not open to the public. D

Question 3

Raul is an employee of Software Applications Corporation.Raul is most likely to be exempt from federal overtime-pay requirements if his primary job duty involves

Accepted Answer

A) discretion and independent judgment. 
B) no advanced knowledge or specialized instructions. 
C) no discretion or independent judgment. 
D) telecommuting. 
A) discretion and independent judgment. 
B) no advanced knowledge or specialized instructions. 
C) no discretion or independent judgment. 
D) telecommuting. A

Question 4

Jewel Property Company hires Klint,an independent contractor,to wash the windows of Jewel's commercial building.Jewel's tenant Lucy is injured when Klint closes a window on her hand.In determining whether Jewel is liable for Lucy's injury,the most important factor is

Accepted Answer

A) Jewel's employment of Klint. 
B) Jewel's investigation of Klint's background and experience. 
C) the condition of the premises,especially the window. 
D) the degree of control that Jewel maintained over Klint's actions. 
A) Jewel's employment of Klint. 
B) Jewel's investigation of Klint's background and experience. 
C) the condition of the premises,especially the window. 
D) the degree of control that Jewel maintained over Klint's actions.

Question 5

Rene,who has a disability,applies for a job with Sanitary Dental Labs,Inc.According to the Equal Employment Opportunity Commission,Sanitary may ask whether Rene can do the job.But the employer may not ask how Rene would do the job unless

Accepted Answer

A) Rene's disability is not obvious. 
B) Sanitary asks the question of all applicants for that job. 
C) Sanitary assures Rene that the question is truly "off the record." 
D) Sanitary brings up the subject during the interview. 
A) Rene's disability is not obvious. 
B) Sanitary asks the question of all applicants for that job. 
C) Sanitary assures Rene that the question is truly "off the record." 
D) Sanitary brings up the subject during the interview.

Question 6

Darla,who has a disability,applies for a job with Elite Auto & Truck Company.According to the Equal Employment Opportunity Commission,before Elite makes a job offer,the company may ask Darla

Accepted Answer

A) how many days she was sick last year. 
B) questions about previous workers' compensation claims. 
C) special questions about the extent of her disability. 
D) whether she can meet the attendance requirements. 
A) how many days she was sick last year. 
B) questions about previous workers' compensation claims. 
C) special questions about the extent of her disability. 
D) whether she can meet the attendance requirements.

Question 7

Gass Propane Company hires Hick,an independent contractor,to make deliveries.During a delivery,Iggy is killed in an accident caused by Hick's negligence.Iggy's widow Jade files a suit against Gass,asserting that the employer is liable.Gass argues that it had no control over the manner in which Hick did his work.The court is most likely to hold that Gass is

Accepted Answer

A) liable because Gass employed Hick. 
B) liable because Gass should have investigated Hick's qualifications. 
C) not liable because Gass did not control Hick's work. 
D) not liable because the delivery vehicle was probably faulty. 
A) liable because Gass employed Hick. 
B) liable because Gass should have investigated Hick's qualifications. 
C) not liable because Gass did not control Hick's work. 
D) not liable because the delivery vehicle was probably faulty.

Question 8

In the facts of the previous questions,according to the majority in the Batte-Holmgren case,when applying the rational basis test,the "conceivable basis" for a distinction between the places in which smoking is banned or allowed is

Accepted Answer

A) irrelevant because any legislative classification that exempts a class of persons is constitutional. 
B) irrelevant because a rational basis review is satisfied by any plausible policy reason. 
C) relevant because an arbitrary classification can be "saved" by promoting a legitimate public interest. 
D) relevant because to uphold the ban a court has to agree with the legislature's reason for enacting it. 
A) irrelevant because any legislative classification that exempts a class of persons is constitutional. 
B) irrelevant because a rational basis review is satisfied by any plausible policy reason. 
C) relevant because an arbitrary classification can be "saved" by promoting a legitimate public interest. 
D) relevant because to uphold the ban a court has to agree with the legislature's reason for enacting it.

Question 9

In the facts of the previous question,under the reasoning of the dissent in Batte-Holmgren v.Commissioner of Public Health,the court hearing Jett's suit should

Accepted Answer

A) overturn the ban because private clubs are not open to the public. 
B) overturn the ban because there is no rational relationship between the ban's purpose and the exemption for private clubs. 
C) uphold the ban because protecting employees from secondhand smoke is a legitimate state purpose. 
D) uphold the ban because private clubs are not open to the public. 
A) overturn the ban because private clubs are not open to the public. 
B) overturn the ban because there is no rational relationship between the ban's purpose and the exemption for private clubs. 
C) uphold the ban because protecting employees from secondhand smoke is a legitimate state purpose. 
D) uphold the ban because private clubs are not open to the public.

Exam 39: Legal Issues in Employment and Liability Cases

Olin is an employee of Pharmaceutical Sales,Inc.To determine whether Olin is exempt from federal overtime-pay requirements,the regulations apply

Raul is an employee of Software Applications Corporation.Raul is most likely to be exempt from federal overtime-pay requirements if his primary job duty involves

Jewel Property Company hires Klint,an independent contractor,to wash the windows of Jewel's commercial building.Jewel's tenant Lucy is injured when Klint closes a window on her hand.In determining whether Jewel is liable for Lucy's injury,the most important factor is

Rene,who has a disability,applies for a job with Sanitary Dental Labs,Inc.According to the Equal Employment Opportunity Commission,Sanitary may ask whether Rene can do the job.But the employer may not ask how Rene would do the job unless

Darla,who has a disability,applies for a job with Elite Auto & Truck Company.According to the Equal Employment Opportunity Commission,before Elite makes a job offer,the company may ask Darla

In the facts of the previous questions,according to the majority in the Batte-Holmgren case,when applying the rational basis test,the "conceivable basis" for a distinction between the places in which smoking is banned or allowed is

In the facts of the previous question,under the reasoning of the dissent in Batte-Holmgren v.Commissioner of Public Health,the court hearing Jett's suit should

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