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Exam


PUT YOUR KNOWLEDGE TO THE TEST


Question 1: False The Department of Labor was set to implement new overtime rules, but in late November a federal court blocked the new rules from going into effect.


It is unlikely


that the rules will ever go into effect now— good for small business employers, but not so good for some workers.


Question 2: False While work authorization issued to foreigners generally authorizes the worker to work for a single employer, the terms of the Visa do not in and of themselves constitute a written employment agreement. If there is no written employment agreement signed by the employee for a specific period of time, then the employment is “at will” and the employee can quit or be fired before their Visa term is up. Employers who go to the expense of securing work authorization for a foreign worker should protect themselves with a written employment agreement.


Question 3: False The enforceability of a release of liability is governed by state law specific to releases in general and does not depend on the existence of an equine activity liability act. That being said, many such laws require a release of liability to contain specific terms, language or warnings in order to be valid.


Question 4: False While a deviation from testing protocol may sometimes create a situ- ation that gives rise to a valid defense to a doping violation, in most cases it does not.


Question 5: True In a recent case before the FEI, veterinarians involved in the case all agreed that a rider’s personal consumption of prescription opioids could be transmitted to her horse through contact contamination when applying a medicated gel containing DMSO to the horse with her bare hands.


Question 6: False A “lien” gives you the right to refuse to return the horse to its owner to secure payment of a debt, but it does not give you the unequivocal right to sell the horse to satisfy the debt. Most “livery lien” statutes


58 January/February 2017


spell out a multi-step process for how a stable with a livery lien on a horse can sell it to satis- fy the debt, but it is crucial to follow the exact protocol set forth in the law. Alternatively, a boarding contract can be used to cover the issue and give the stable the owner’s advance consent to sell the horse to satisfy any debt owed the stable.


If you are looking to buy


a horse that is being sold to satisfy a “lien,” then you should either be buying it at auc- tion, or asking to see either a court order or something signed by the owner of the horse that gives the stable the authority to sell the animal.


Question 7: False In most states, keeping of livestock is governed by the same rules as storage of personal property (think stor- age unit facilities). So, even though it may be difficult to secure a place to move your horses on short notice, the laws that govern residential tenancies don’t apply to horse boarding. There may be exceptions however. For example, Iowa has a law governing farm tenancies that requires written notice be de- livered to a livestock owner before September 1 for termination of a lease on March 1. It is also good policy to have a written boarding agreement that spells out how much advance notice is required, if any.


In the absence of a


written boarding contract, the general rule of thumb is that a tenant must be given advance notice that is commensurate with the pay- ment term—meaning, if you pay board by the month, then you are probably entitled to a month’s advance notice (but if you don’t have that in writing, it may be difficult to enforce).


Question 8: True In any case involving allega- tions of professional malpractice, a plaintiff cannot prove his/her case without the tes- timony of another professional to establish that the professional being sued did some- thing wrong.


Question 9: False Federal law governing mo- tor carriers limits their liability to a figure that in some cases would probably barely consti- tute a refund of the shipping charges. A com-


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