Quiz One

1) Patty owned Patty’s Cakes in Jacksonville, Florida. She sold her business to Fruity’s, Inc. a national pastry company. There was a non-compete agreement in the contract for the sale of her business. In the non-compete, Patty agreed not to work in any capacity in the food industry for 10 years on the entire east coast. A court would likely determine that the non-compete agreement a) violates federal law b) is unenforceable c) is enforceable d) both A and B

2) A liability that may extend from an employee to the employer if the employee is acting within the scope of his or her employment at the time the liability arose is called: a) vicarious liability b) employee liability c) employer liability d) adverse liability

3) A person who contracts with a principal to perform a task according to her or his own methods, and who is not under the principal’s control regarding the physical details of the work is called a/an: a) Contingent worker b) Temporary worker c) Independent contractor d) All of the above

4) Benita works as a nursing assistant in a retirement home run by Cottonwood Care Centers, a national operator of facilities providing care for the elderly. Benita works 53 hours a week. After looking at her payroll stubs for the past 6 months, she concludes that she has not received sufficient overtime pay. She complains to her supervisor but the company takes no action. a) Benita can bring a complaint to the National Labor Relations Board under the Fair Labor Standards Act of 1938 (FLSA) b) Benita can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA) c) Benita can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA). d) Benita can bring a complaint to the U.S. Department of Labor, under Executive Order 11246

5) Ling frequently stocks shelves for Ace’s Market on an as needed basis. Ace pays Ling $5 per