BLAW Module 3

Question 1

Employment-at-will

Answer 1

This means that employees have the option of quitting their employment at any time for any reason and the employer has the option to fire employees at any time for no reason, but non-discriminatory (PUBLIC POLICY)

Question 2

Whistleblowing

Answer 2

employees who refuse to commit an illegal act, or employees who are terminated for exercising a right or privilege
o Blowing the whistle on an employer’s wrongful actions often is accompanied by retaliation
o Whistleblower protection acts
o Basically, employer cannot terminate employee because they refused to not be illegal

Question 3

Implied Contract Exception

Answer 3

claim that continued employment was implied by the employer either through written or oral statements by employer

Question 4

Covenant of Good Faith and Fair Dealing Exception

Answer 4

termination of employees be based on just cause, not based on malice or ill will by employer

Question 5

Employers’ obligations to the Employee

Answer 5

Variety of obligations under federal and state laws

Question 6

Fair Labor Standards Act (FLSA)

Answer 6

o Federal standards for both hourly wages and overtime pay
o Covers employers engaged in interstate commerce

Question 7

Family and Medical leave Act (FMLA) – job security

Answer 7

o Federal law that requires employers with 50+ employees to provide up to 12 weeks of unpaid leave for birth, adoption, illness etc.
o 30 day notice needed when feasible

Question 8

Occupational Safety and Heath Act (OSHA)

Answer 8

o Federal legislation designed to prevent workplace injury

Question 9

Workers’ Compensation

Answer 9

o Governed by state law and ensure that compensation is provided to workers who are injured on the job

Question 10

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 10

o When an employee leaves a job or has a reduction in work hours that ends eligibility for health benefits, COBRA ensures the extension for another 18 months

Question 11

Employees’ Right to Unionize

Answer 11

o National Labor Relations Act (NLRA): governs relationship between management and employees
o Cannot compete after termination
o Cannot disclose trade secrets

Question 12

Independent contractors

Answer 12

• Tax benefits
• Independent – set your own hours
• You own your own IP
• 1099 form
• Use your own materials

Question 13

Employees

Answer 13

• Federal Benefits –> Paid time off
• Retirement Plans
• Insurance
• Bonuses
• W2 form

Question 14

Anyone who is performing a service for another is considered by default an employee UNLESS:

Answer 14

they are free from control and direction, they set their own schedule, they use their own equipment in performing their job

Question 15

What is the primary purpose of the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

Answer 15

To provide temporary unemployment benefits to workers who have lost their jobs.

Question 16

What is the federal law that entitles eligible employees to take unpaid, job-protected leave for specified reasons with continuation of health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Answer 16

The Family and Medical Leave Act (FMLA)