Question: Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized. Employees in the USA generally have fewer benefits

  1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

Employees in the USA generally have fewer benefits and privileges than those in similarly situated countries as far as:

a.

paid leaves of absence

b.

amount of vacation

c.

job security

d.

health care

  1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

Tanya is the Internship Coordinator at Laguna Niguel Shop. Among her tasks is to approach businesses to hire students and design programs that will comply with requirements allowing the internships to be unpaid. What factors must Tanya consider?

a.

Whether the employer normally pays regular employees to perform the intern's tasks

b.

Both parties understand that the intern will not be paid for working with the employer

c.

Whether the employer receives advantage from training the intern

d.

Whether the intern receives educational benefit from the internship

  1. Note: This question may have multiple correct answers. Select all which apply. Incorrect answers will be penalized.

The April 2018 California Supreme Court case (Dynamex) has established a new standard for independent contractors v employees and created the "ABC" test for establishing a worker's independent contractor status. Which of the following are part of the new standard?

a.

the worker is free from control and direction of the hiring entity, both under contract and in fact

b.

the worker is customarily engaged in an independently established trade or business of the same type as the work performed

c.

the worker performs tasks that are outside of the hiring company's usual course of business

d.

the burden is on the hiring entity to establish that the worker was not intended to be part of wage coverage

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Keith is the owner of a construction company. He has several workers who he employs on an "as needed" basis. He has made sure to obtain the necessary documentation for I-9 requirements for all of his workers and has a policy (which is stated in the company handbook) that workers who cannot lawfully be employed in the USA will be immediately terminated. One of his field supervisors has informed Keith that a couple of the workers have California drivers licenses of the type that are given to undocumented workers. Keith asks the supervisor to obtain copies of the licenses for the files. Within 10 days of receiving copies of the licenses, Keith informs the two workers that he can no longer employ them because of their undocumented status. Does Keith have a problem with having terminated the workers?

a.

No, because the workers were employees at will.

b.

Yes, because the workers had previously provided Keith with documents that appeared on their face to be genuinely in compliance with the I-9 form.

c.

No, because Keith complied with California law by giving the workers warning before he cooperated with federal ICE agents and provided them with information about the workers undocumented status.

d.

Perhaps, under federal law if Keith's motivation was retaliatory and an unfair immigration practice because the workers could have other reasons for having that type of drivers license.

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