Your workplace lacks working sprinklers and smoke alarms to protect against fire

14 Jun Your workplace lacks working sprinklers and smoke alarms to protect against fire

Question
1.Your workplace lacks working sprinklers and smoke alarms to protect against fire. Which law(s) most likely addresses this situation:

(a) State building codes and related local ordinances

(b) Two of the other answer choices are correct.

(c) Local ordinances, but not state-level or federal laws

(d) The Occupational Safety and Health Act (OSHA) only (because of federal preemption)

2.You work for a company that has ten employees, and you recently adopted a child. You are hoping to take time off to care for the child. Which law(s) might entitle you to take t ime away from work to attend to such activity.

(a) A local ordinance that requires all employers within your city to give time off without penalty for such activity

(b) The other three answer choices are all correct.

(c) The Family and Medical Leave Act (FMLA)

(d) Your state’s Worker’s Compensation statute

3.You were laid off recently because your company is relocating the production facility at which you worked to Mexico. In other words, you lost your job through no fault of your own. You might file for, and be entitled to, what type of benefit(s)?

(a) None of the other answer choices are correct.

(b) Unemployment Compensation

(c) Worker’s Compensation

(d) Two of the other answer choices are correct.

4.Griffin, who owns a racehorse –Thunderslippers– engages William, a famous jockey, to ride Thunderslippers in an upcoming race. Griffin agrees to pay William a fee of $5,000 for the race. Regarding the relationship between Griffin and William described here and not assuming any other facts, which of the following statements is/are correct?

(a) William is Griffin’s agent

(b) Two of the other answer choices are correct.

(c) Griffin is William’s agent

(d) None of the other answer choices are correct.

(e) William is Griffin’s employee

5.Alice works full-time as a barista at a popular coffee shop. One morning, while preparing coffee, a pressurized machine malfunctioned because of it’s faulty design and Alice was severely burned by steam escaping from the machine. Alice’s choices for attempting to obtain a remedy for her injuries include:

(a) Filing a Worker’s Compensation claim

(b) Suing the coffee shop that she worked for on the theory that they were negligent in exposing her to faulty equipment

(c) Suing the manufacturer of the faulty machine

(d) Two (but not three) of the other answer choices are correct.

(e) Three of the other answer choices are correct.

6.Uber considers its drivers to be independent contractors, not employees. Drivers have sued Uber in California and elsewhere, claiming that they should be classified as employees, which would entitle them to certain benefits they do not currently receive. Such benefits include:

(a) Reimbursement for some expenses

(b) Minimum wage

(c) Matching contributions for Social Security and Medicare

(d) All of the other answer choices are correct.

7.Uber considers its drivers to be independent contractors, not employees. Drivers have sued Uber in California and elsewhere, claiming that they should be classified as employees, which would entitle them to certain benefits they do not currently receive.

What sorts of facts would you want to know about the relationship in evaluating who has the better argument here, Uber or the drivers?

(a) The extent to which Uber controls its drivers’ schedules

(b) Whether Uber provides any equipment or training to its drivers

(c) Three of the other answer choices are correct.

(d) Two, but not three of the other answer choices are correct.

(e) The extent to which Uber involves itself in how its drivers are paid

8.An overzealous security guard working for a department store shoots a person suspected of shoplifting while that person was running out of the store with merchandise that he had not paid for. The security guard can be:

(a) Disciplined or fired by the department store

(b) sued for an intentional tort

(c) None of the other answer choices are correct

(d) Three of the other answer choices are correct

(e) charged with a crime

9.An overzealous security guard working for a department store shoots a person suspected of shoplifting while that person was running out of the store with merchandise that he had not paid for. If the person who was shot files a lawsuit attempting to obtain compensation for his injuries, who will likely be held liable:

(a) The security guard only

(b) The department store and the security guard

(c) The department store only

(d) Neither the security guard nor the department store because the person was shoplifting

10.A person shopping in a supermarket slips on a slippery mess in the produce aisle and fractures her hip. If she chooses to sue the supermarket seeking compensation for her injuries, the theory (or theories) for recovery she might rely upon would best be categorized as:

(a) Breach of Contract

(b) Strict liability

(c) Negligence

(d) All of the other answer choices are correct.

(e) None of the other answer choices are correct; the law does not provide a remedy for a simple slip and fall case like this.