MANA 4320 (Graca) – Exam #1
9/19/2023 07:44:47 (Page 1 of 8)

Welcome to the first examination for Employment Law (MANA 4320)!

The exam is due at https://uta.instructure.com/ no later than 8:30am on Thursday,
September 28, 2023. A student’s grade on this examination will be reduced by 5% for
every twelve hours that the exam is late.

Please submit the examination in a .docx file using the template provided at
https://uta.instructure.com/.

This examination is setup in Canvas for anonymous grading. Please do not put your name
or any other identifying information in your exam submissions. There is a place in the
header of the response template for you to put your UTA ID number.

Your analyses of the case and the creation of your written submission should be your
own independent work. However, this is a take-home exam. So, a little more clarity
might be needed…

I think these types of behaviors are perfectly acceptable:

• The use of any and all non-human resources (e.g., printed materials, hypertext and
hypermedia materials, audio recordings, video records, works of art, etc.) –
assuming that direct quotations are identified and cited and assuming that any big
ideas from sources other than your own original analysis are cited. You may use
any of the standard citation systems that you like, as long as it’s one of these: APA,
MLA, Chicago, Turabian, Bluebook, Harvard, McGill, ALWD, Tanbook,
Greenbook, Maroonbook, OSCOLA, AAA, or APSA – either in-text or in
footnotes.

• Using the services of the UTA Writing Center – provided that you disclose that
you are working on an examination, and you provide the tutor with a complete
copy of this exam document.

• Receiving assistance in finding sources from a university librarian – provided that

you disclose that you are working on an examination, and you provide the librarian
with a complete copy of this exam document.

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• Receiving technical assistance from the UTA OIT Help Desk, Canvas Support,
or/and Nexis Uni Support.

• Sharing non-human resources (e.g., printed materials, hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.) with other students in
the class.

• Receiving non-human resources (e.g., printed materials, hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.) from other students in
the class (or others).

• Discussing the exam’s content with other students in the class.

Here are the relative weights of the exam components:

Component Percent
Issue 10 %
Rule 25 %

Application 55 %
Conclusion 5 %

See the University’s statements on Academic Integrity, Acknowledging Sources, and the
UTA Library’s Tutorial on Plagiarism.

Graca will not communicate with anyone with respect to any substantive aspect of the
exam until all exams have been graded.

Good luck!

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The Case of the Rookie Referee

Adán García is a fourteen-year-old young man who is an excellent student and
student-athlete. Academically, Adán excels across the curriculum. And while he played
several sports throughout childhood, he is presently committed to his high school football
and cross-country teams. On his ninth-grade football team, he is the backup quarterback
(“QB2,” as they say in Texas). And – with his 5:04 time in the mile – he is already on his
high school’s varsity cross-country team.

This past summer, Adán wanted to make a little money. He learned of an opportunity
at the Prestonwood Sports Association in Dallas to be a referee for children’s basketball
games. See Appendix A for the solicitation. He applied for the position, was selected, paid
the requisite training fees, and completed the required trainings.

During the training, he was presented with a document called “Independent
Contractor Agreement / Consent to Background Check” (see Appendix B). He completed
and signed the form. He also completed and signed the U.S. Citizenship and Immigration
Services “Employment Eligibility Verification” (“I-9”) form.

Over the course of the summer, Adán worked as a referee for twenty-six children’s
basketball games. Each game lasted less than one hour. For each game, he was
compensated $13.00. His reviews from colleagues and coaches were good – on the high
end of expectations for a first-time referee. He was paid the full amount (26 * $13 = $338)
on a lawful and reasonable payment schedule. No withholdings were made from the total
paid.

At the end of the calendar year, Adán received a 1099-MISC form from Prestonwood
(see Appendix C).

Prompt for The Case of the Rookie Referee

In eight hundred words or fewer, provide a thorough legal analysis (preferably using the
suggested “IRAC” format) of the legal issues presented, which are probably:

• Whether Adán was an employee?
• Whether Adán was lawfully compensated for his work?

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Appendix A

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Appendix B

AGREEMENT BETWEEN INDEPENDENT CONTRACTOR
AND PRESTONWOOD SPORTS AUTHORITY, INC..

This agreement is entered into between Prestonwood Sports Authority, Inc. (“PSA”) and an
Independent Contractor (Official) whose name is set forth below. Contractor has requested to be
assigned to perform services for individuals who participate in activities sponsored by PSA. Contractor
may perform such services for others besides PSA. PSA shall pay Contractor in accordance with the
current schedule of fees for PSA for such services. Contractor and/or scheduler of said contractor shall
submit an invoice to PSA for services performed, and PSA shall pay Contractor when PSA receives
and approves the invoice. The release of liability of Contractor and/or parent/guardian set forth below
shall survive the termination of the Agreement.

Contractor retains the sole and exclusive right to control and direct the manner or means by which the
services of Contractor are to be performed for PSA. All equipment and materials needed to perform
services shall be furnished by Contractor. Contractor will receive a Statement of Miscellaneous
Income, Form 1099, as required by law and will pay any and all taxes owned on income earned from
PSA.

Contractor is not covered by any type of insurance, nor is Contractor eligible for Unemployment,
Insurance, Workman’s Compensation or any benefits furnished to employees of PSA. Any insurance
Contractor deems necessary shall be provided and paid for by Contractor.

HIRING CONTRACTOR’S (OFFICIAL’S) AFFIRMATION

PRESTONWOOD SPORTS AUTHORITY, INC.
Federal Tax I.D. # 11-1111111 123 Main Street, Prestonwood, Texas, 75000

INDEPENDENT CONTRACTOR’S AFFIRMATION

You are completing this as an: Independant Contractor Summer Camp Counselor

**Legal First Name:

Middle Initial:

Maiden Name:

**Legal Last Name::

**Address (No P.O. Boxes):

**City:

**State:

**Zip:

Home Phone:

Cell Phone:

**Email:

Gender:

Drivers License:

Drivers License State:

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**Date of Birth:

**Social Security
Number:

Have you ever been arrested or convicted of a Class B or above
Misdemeanor or Felony:

Yes No

If so what was the disposition of the case:

DIRECT DEPOSIT
If you care to have Direct Deposit, the information below is required. Direct Deposit begins
immediately. If you provide inaccurate information, there will be a $25 fee assessed and will result in a
delay of payment.

Name (on Account):

Name of Bank:

Account Type:

Account Number:

Where is my Account Number

9 Digit Routing Transit Number:

Where is the routing number

I HEREBY GIVE MY PERMISSION IN EXCHANGE FOR GOOD AND VALUABLE
CONSIDERATION FOR THE PRESTONWOOD SPORTS AUTHORITY, INC (PSA.), TO OBTAIN
INFORMATION RELATING TO MY CRIMINAL HISTORY RECORD. THE CRIMINAL
HISTORY RECORD, AS RECEIVED FROM THE REPORTING AGENCY, MAY INCLUDE
ARREST AND CONVICTION DATA AS WELL AS PLEA BARGAINS AND DEFERRED
ADJUDICATIONS AND DELINQUENT CONDUCT COMMITTED AS A JUVENILE. I
UNDERSTAND THAT THIS INFORMATION WILL BE USED, IN PART TO DETERMINE MY
ELIGIBILITY AS A CONTRACTOR FOR PRESTONWOOD SPORTS AUTHORITY, INC. (PSA).
I ALSO UNDERSTAND THAT AS LONG AS I REMAIN AN INDEPENDENT CONTRACTOR
HERE, THE CRIMINAL HISTORY RECORDS CHECK MAY BE REPEATED AT ANY TIME. I
ALSO UNDERSTAND THAT AS LONG AS I REMAIN AN INDEPENDENT CONTRACTOR, I
WILL HAVE AN OPPORTUNITY TO REVIEW THE CRIMINAL HISTORY AS RECEIVED BY
PRESTONWOOD SPORTS AUTHORITY, INC. (PSA) AND A PROCEDURE IS AVAILABLE IF I
DISPUTE THE RECORD AS RECEIVED.

I, THE UNDERSIGNED, DO, FOR MYSELF, MY HEIRS, EXECUTORS AND
ADMINISTRATORS, HEREBY REMISE, RELEASE AND FOREVER DISCHARGE AND AGREE
TO INDEMNIFY AND DEFEND PRESTONWOOD SPORTS AUTHORITY, INC. (PSA) AND
EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AGENTS
HARMLESS FROM AND AGAINST ANY AND ALL CAUSES OF ACTIONS, SUITS,
LIABILITIES, COSTS, DEBTS AND SUMS OF MONEY, CLAIMS AND DEMANDS
WHATSOEVER, (INCLUDING CLAIMS FOR THE NEGLIGENCE, GROSS NEGLIGENCE,
AND/OR STRICT LIABILITY OF PRESTONWOOD SPORTS AUTHORITY, INC. (PSA), AND
ANY AND ALL RELATED ATTORNEYS’ FEES, COURT COSTS, AND OTHER EXPENSES
RESULTING FROM THE INVESTIGATION OF MY BACKGROUND IN CONNECTION WITH

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MY APPLICATION TO BECOME AN INDEPENDENT CONTRACTOR..

ALL PHOTOGRAPHS TAKEN IN THE COURSE OF A SPORTING EVENT MAY BE USED FOR
PSA PROMOTIONAL MATERIALS. I GIVE PSA THE USE OF EMAIL ADDRESSES
COLLECTED FOR PSA PROMOTION ONLY.

Authorization:

You agree that you’ve read and accept the Terms specified herein. By entering your name & checking
the “I Agree” box you are electronically signing this Agreement. Contact the Prestonwood Sports
Authority by email at or by phone with any questions.

If you accept the terms and conditions

I AGREE and type your First Name: and Last Name:

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Appendix C