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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

July/August 2014     MCLE Test and Answer Sheet

Test No. 237: Employees Only

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. California's laws protecting equal opportunity in the workplace are rooted in the Fair Employment and Housing Act (FEHA).
 True.
 False.

2. The FEHA's provisions make it unlawful for an employer to discriminate against a protected employee in which of the following:
 A. Workplace assignments.
 B. Management and employee protections.
 C. Compensation or in terms, conditions, or privileges of employment.
 D. None of the above.

3. An individual does not have to be an employee to benefit from the workplace antidiscrimination protections of the FEHA.
 True.
 False.

4. The FEHA clearly defines who meets the criteria of an employee under the statute.
 True.
 False.

5. The FEHA includes exclusions for persons employed by nonprofit sheltered workshops and rehabilitation facilities.
 True.
 False.

6. The Department of Fair Employment and Housing definition of an employee includes an individual who has been appointed by the employer.
 True.
 False.

7. The following category has been determined by California courts to meet the definition of an employee under the FEHA:
 A. An individual hired under implied contract.
 B. An apprentice.
 C. An individual hired under express contact.
 D. All of the above.

8. In Mendoza v. Town of Ross, the plaintiff asserted that he was an employee because he was hired under an express contract.
 True.
 False.

9. In Mendoza, the court of appeal determined that the plaintiff was not an employee because:
 A. He had not signed an employment contract.
 B. He had not completed his probationary period.
 C. The town's employment appointment process had not been initiated for the plaintiff.
 D. He did not receive a salary.

10. The terms of public employment are usually governed by contract.
 True.
 False.

11. Written contracts can be used to circumvent provisions in statutes setting forth the terms and conditions of public employment.
 True.
 False.

12. Which federal statute most closely approximates the FEHA's antidiscrimination objectives:
 A. Occupational Safety and Health Act of 1970.
 B. Title VII of the Civil Rights Act of 1964.
 C. Worker Adjustment and Retraining Notification Act.
 D. National Labor Relations Act.

13. An individual must show remuneration has been provided in exchange for work in order to qualify as an employee under Title VII.
 True.
 False.

14. This federal circuit recently determined that a volunteer firefighter suing for sexual harassment who received $78 for responding to 39 calls, a life insurance policy, a uniform, a badge, and training, was not an employee under Title VII:
 A. The Second Circuit.
 B. The Eighth Circuit.
 C. The Ninth Circuit.
 D. The Fifth Circuit.

15. California courts do not require a showing of remuneration in order to qualify as an employee under FEHA.
 True.
 False.

16. Labor Code Section 3352 excludes volunteers at public agencies from receiving workers' compensation benefits.
 True.
 False.

17. An individual's receipt of workers' compensation benefits alone is sufficient to qualify as an employee under the FEHA.
 True.
 False.

18. The California Legislature acknowledged the importance of remuneration in the employment relationship when enacting amendments to FEHA relating to which category of protection:
 A. Gender.
 B. Race.
 C. Age.
 D. Disability.

19. For employee qualification under the FEHA, remuneration must come in the form of direct compensation.
 True.
 False.

20. A volunteer who only receives benefits from an employer consisting of clerical support and networking opportunities is still considered an employee.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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