西南政法大学试卷（B 卷）
—200
200
课程劳动法（双语）专业
本试卷共
学年第 学期
年级
法学
4 页，满分 100 分；考试时间： 120
题
号
一
二
三
四
分钟；考试方式：闭卷
五
六
七
总 分
题满分
得
得分
分
评卷人
一、选择题（本大题共 10 小题，只有一个选项是正确的。每小题 2 分，共 20 分）
1. What are the main reasons someone would choose to be an independent contractor?
A. Autonomy and a higher hourly wage for a skilled professional.
B. Regular salary, schedule, and benefits.
C. Stock options, autonomy, and independence.
D. Higher wage, autonomy, and tax withholding.
2. What is a statutory employee?
A. An employee who meets the common law test.
B. An employee who meets the IRS test of employee status.
C. An employee who is a contractor based on the court case Vizcaino v. Microsoft Corp.
D. An employee for whom taxes must be withheld by law.
3. Which of the following describes the IRS analysis of control?
A. Review of behavioral and financial control, as well as the relationship between the
parties.
B. Review of employee benefits, payment, and realization of profit or loss.
C. Review of written contracts, union membership, and method of termination of the
arrangement.
D. Review of instructions and training, whether services are performed personally, and set
hours of work.
4. In Vizcaino v. Microsoft, why did the court decide that the computer programmers were
employees?
核分人
A. The IRS test of employee status was met.
B. The programmers were statutory employees.
C. The common law control test showed that the company controlled their work.
D. The programmers worked and were paid by the company.
5. Why does a company offer benefits to employees?
A. To comply with the law.
B. To attract and keep good employees.
C. To prevent complaints to the Department of Labor.
D. To prevent lawsuits.
6. What methods are effective to screen job applicants?
A. Drug and alcohol testing, polygraph tests, and genetic testing.
B. Pre-employment physical, skills test, and personality test.
C. Verify references, review family and marital status, and determine salary requirements.
D. Resume review, background check, and interviews.
7. What is mediation?
A. Mediation is facilitated negotiation.
B. Mediation settles disputes in court.
C. Mediation is when a neutral person makes a binding decision for people.
D. Mediation is the give-and-take between two parties to resolve a dispute.
8. What does Title VII do?
A. It prohibits unfair practices in union organization.
B. It establishes a minimum wage and sets overtime requirements for workers.
C. It sets safety and health standards for employees.
D. It prohibits discrimination based on race, color, religion, sex, and national origin.
9. What is the responsibility of an employer under the Americans with Disabilities Act?
A. To make jobs available for disabled workers.
B. To make reasonable accommodation that is not an undue hardship.
C. To not discriminate against any employee with a disability.
D. To not terminate an employee with a disability.
10. Which of the following is an unfair labor practice under the National Labor Relations
Act (NLRA)?
A. Management interfering with the formation of a union.
B. A union refusing to bargain with management.
C. Union strikes.
D. Establishing a yellow-dog contract.
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评卷人
二、 案例分析（本大题共 1 题，共 50 分）
George Jetson and his co-worker, Rudy Rocket, were employed as assembly line inspectors
and represented by the Union. One day the pair was on duty when the sprocket assembly line
malfunctioned. Red lights flashed and sirens wailed as the line shut down. The ruckus woke
up Jetson and Rocket, who had dozed off after lunch while they should have been monitoring
the line. The loss of Company was $ 76,521.19. Rocket was given a three-day suspension without
pay, but Jetson were asked to be fired.
The Union pursued this grievance on the ground that Jetson and Rocket were subjected to
different punishment for the same offense. The Company provided the Union with a copy of
its “Employee Records Privacy Policy,” which states, the employer values and respects
employee privacy.
QUESTION: Can you suggest a resolution to this issue that would be consistent with the NLRA?
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评卷人
三、简答题 （本大题共 2 小题，每小题 15 分，共 30 分）
1. Your business becomes very busy and you require your employees to work extra
hours up to 55 per week. Should you ask your employees to sign a 48 hour Working
Time Directive opt out agreement?
2. What questions cannot be asked during an interview?
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