Marly needs help. Her bookstore is growing fast despite online competition. She needs someone to stock the shelves, respond to customer complaints and deliver the books. She decides to bring on three different people. She has them each sign an agreement that states they are independent contractors, not employees.

1. Because Marly had them sign an independent contractor agreement, which of the following is true?

a. Most courts will consider the agreement binding since both the worker and Marly signed it.

b. It has no relevance at all

c. It is one of many factors a court might consider in deciding whether the workers are independent contractors

d. If Marly pays them using a 1099 tax form instead of a paycheck courts will consider them to be independent contractors

2. Which of the following is the court most likely to consider to be an independent contractor?

a. The stocker since he/she is not directly involved in book sales

b. The customer service person if he/she has a business providing customer service functions for other bookstores

c. The delivery person if he/she does not have to make deliveries outside of "normal business hours"

d. The stocker since the job involves no use of tools

3. If the delivery driver is considered to be an employee, which of the following legal theories would hold Marly liable for the driver's negligence?

a. Respondeat Superior

b. Res Ipsa Loquitor

c. Proximate Cause

d. Negligence Pe Se

4. Which of the following employment laws would require Marly to pay overtime if a court considered the stocker to be an independent contractor?

a. The FLSA

b. The ADA

c. The FMLA

d. None of the above

5. If Marly also has to bring in an electrician after a small fire, which worker is a court most likely to consider to be an independent contractor?

a. The stocker

b. The delivery driver

c. The customer service person

d. The electrician