GZC1 Employment Law Version 1
Practice exam for Western Governors University WGU Exams under Western Governors University Exams (College Exams). 5 sample questions.
Sample Questions
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Question 1
What does the U.S. Constitution accomplish?
Correct Answer: C
Rationale: The U.S. Constitution establishes the structure of the federal government and divides power among the legislative, executive, and judicial branches through separation of powers and checks and balances. Employment relationships, respondeat superior, and master/servant concepts are governed by state common law and statutes, not the Constitution. Therefore, only option C correctly identifies a core constitutional function.
Rationale: The U.S. Constitution establishes the structure of the federal government and divides power among the legislative, executive, and judicial branches through separation of powers and checks and balances. Employment relationships, respondeat superior, and master/servant concepts are governed by state common law and statutes, not the Constitution. Therefore, only option C correctly identifies a core constitutional function.
Question 2
What is the meaning of precedent in the common law system?
Correct Answer: C
Rationale: In the common law system, precedent (stare decisis) means that prior court decisions from higher courts are binding or highly persuasive on similar future cases. Statutes are legislative acts, contracts are private agreements, and the Constitution is the supreme law, not court decisions. Thus, C is the correct definition.
Rationale: In the common law system, precedent (stare decisis) means that prior court decisions from higher courts are binding or highly persuasive on similar future cases. Statutes are legislative acts, contracts are private agreements, and the Constitution is the supreme law, not court decisions. Thus, C is the correct definition.
Question 3
A CPA works for a public accounting firm only during tax season. The firm allows the CPA total control over the work schedule and performance. Which employment relationship is described?
Correct Answer: C
Rationale: The key factors are the high degree of control the CPA exercises over schedule and performance with no ongoing expectation of work outside tax season, which are classic hallmarks of an independent contractor rather than an employee. At-will and temporary employees are still employees subject to greater employer control, and a common law agent typically acts on behalf of a principal with less independence. Therefore, the relationship is independent contractor.
Rationale: The key factors are the high degree of control the CPA exercises over schedule and performance with no ongoing expectation of work outside tax season, which are classic hallmarks of an independent contractor rather than an employee. At-will and temporary employees are still employees subject to greater employer control, and a common law agent typically acts on behalf of a principal with less independence. Therefore, the relationship is independent contractor.
Question 4
Which doctrine is likely to be included in an employee handbook?
Correct Answer: D
Rationale: Employee handbooks routinely contain a clear statement preserving the employer's right to terminate employment at will for any lawful reason, often with a disclaimer to prevent the handbook itself from creating an implied contract. Respondeat superior and statute of frauds are legal liability doctrines not typically addressed to employees, and the implied covenant of good faith is a judicial exception in some states, not a standard handbook provision.
Rationale: Employee handbooks routinely contain a clear statement preserving the employer's right to terminate employment at will for any lawful reason, often with a disclaimer to prevent the handbook itself from creating an implied contract. Respondeat superior and statute of frauds are legal liability doctrines not typically addressed to employees, and the implied covenant of good faith is a judicial exception in some states, not a standard handbook provision.
Question 5
Which question is part of the IRS 20-Factor Analysis for determining whether a worker is an employee or an independent contractor?
Correct Answer: A
Rationale: The IRS 20-Factor Test heavily weighs behavioral and financial control; the amount and type of training provided by the payer is a specific factor because requiring significant training indicates employee status. Dress codes can be relevant but are not one of the official 20 factors, and the other options are not part of the analysis at all.
Rationale: The IRS 20-Factor Test heavily weighs behavioral and financial control; the amount and type of training provided by the payer is a specific factor because requiring significant training indicates employee status. Dress codes can be relevant but are not one of the official 20 factors, and the other options are not part of the analysis at all.