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BLAW > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

what is the legal factor used in determining if an individual is an employee or an independent contractor

A

Control

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2
Q

Fed Law: Sally needs surgery and must take off for work.

A

FMLA

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3
Q

Sally may be off for ____ weeks and what is the legal obligation of the employer upon her return to work?

A

12 weeks; must return her to her original position

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4
Q

How many months and hours must Sally work to be eligible for FMLA?

A

12 months AND 1,250 hours

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5
Q

How many employees for FMLA?

A

50 within a 75 mile radius

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6
Q

Where does the employee file a FMLA complaint?

A

U.S. Department of Labor

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7
Q

What federal law applies to race, religion, sex, national origin discrimination?

A

Title VII/ Civil rights act

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8
Q

Where does an employee file a Title VII complaint?

A

Equal Employment Opportunity Commission (EEOC)

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9
Q

What federal law applies to minimum wage/overtime?

A

Fair Labor Standards Act (FLSA)

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10
Q

Where does the employee file a FLSA complaint?

A

U.S. Department of Labor

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11
Q

What employers must follow FLSA?

A

Employers with $500,000 of gross sales

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12
Q

What TN law applies to age race sex national origin and religion discrimination

A

Tennessee Human Rights Act (THRA)

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13
Q

How many employees needed for THRA

A

8+

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14
Q

Where does an employee file a THRA complaint?

A

Tennessee Human Rights Commission (THRC)

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15
Q

What federal law applies to age discrimination?

A

Age Discrimination in Employment act (ADEA)

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16
Q

How many employees
needed for ADEA?

A

20+

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17
Q

What is the weekly amount required to be exempt from overtime?

A

$684

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18
Q

What is the other requirement to be exempt from overtime?

A

Primary job duties in management

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19
Q

Joe works 50 hours. As the owner, you want to comp the 10 hours to be used in the future.
Is this legal? Why or why not

A

No; illegal for private companies to comp time; must pay overtime

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20
Q

Jane fires Sam because she is prejudice against men. What type of discrimination case is this?

A

Disparate Treatment (intentional prejudice)

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21
Q

Where do you file a sexual harassment claim?

A

Equal Employment Opportunity Commission

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22
Q

Tennessee Workers Compensations Law – How many employees?

A

5+

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23
Q

One requirement for an injury to be covered under workers compensation

A

Must be clocked in

24
Q

Second requirement for an injury to be covered under workers compensation

A

Performing job duties

25
Q

There is a justifiable defense to require Christians who believe in the Bible to sell Bibles. What is this defense called?

A

Business Necessity

26
Q

Joe asks for a copy of his personnel file.
What is your legal obligation?

A

Do not give it to him

27
Q

Joe has restrictions that he cannot lift over 50 lbs which he does once in a while at work. Joe must be able to perform the ____________ of his job

A

Essential Functions

28
Q

What law applies to Joe? (can’t lift 50 lbs)

A

American Disabilities Act (ADA)

29
Q

Jane refuses to hire anyone shorter than 6 feet because she wants her workers to be tall. Sally applies and is 5’ tall.

What is this type of discrimination called?

A

Disparate Impact

30
Q

How many employees must a company have to be required to pay an employee for jury duty?

A

5+

31
Q

What section of OSHA says you must have a safe workplace?

A

Section 5A

32
Q

Sam requires all job applicants to give him their passwords to social media so he can check to see what the applicants have posted.

Can he do this? Why or why not?

A

No, it is illegal in TN.

33
Q

How many employees for Tennessee Pregnant Workers Fairness Act?

A

15+

34
Q

What is an employer’s obligation under the Tennessee Pregnant Workers Fairness Act?

A

Must make reasonable accommodations

35
Q

Joe works for Pizza USA. While delivering pizzas, Joe’s vehicle hits Sally injuring Sally. Sally will sue Pizza USA.

What is the legal term for when a company is held liable for its employees?

A

respondeat superior

36
Q

You want to run background and credit checks on applicants. What is required?

A

Written Consent; Application and documentation must be separate

37
Q

Sally’s boss tells her if she will to go to a wedding with him, he will give her a raise. This is called ______ sexual harassment?

A

Quid pro quo

38
Q

Joe reports his employer to the IRS for falsifying documents. Joe is fired. What’s the name of the claim?

A

Whistleblowing

39
Q

Name one requirement for the Plaintiff to have a prima facie case

A

Member of protected class

40
Q

Name another requirement for the Plaintiff to have a prima facie case

A

Adverse job action

41
Q

How many hours do you work before entitled to break, and how long is the break?

A

6 hrs; 30 mins unpaid

42
Q

Joe is fired for being absent from work.

Can he get unemployment? Why or why not

A

No; absenteeism; intentional misconduct

43
Q

Joe is fired for his job performance. He accidently wrote on a discarded product and place it on the production line with the good products.

Can he get unemployment? Why or why not

A

Yes; job performance; it was unintentional

44
Q

Number of employees required for employers to comply with the USERRA/ Military Reemployment Act

A

1+

45
Q

What are the employer’s obligation when one of its employee is deployed?

A

Hold their job; return them to their position

46
Q

Stanley Ladder Inc has software that monitors the company computers and fires all employees who are on personal sites.

Is this legal? Why or why not?

A

Yes; you do not have a right to privacy at a private company

47
Q

Joe works from 7am to 7pm on election day. Joe’s employer must allow him off from work up to ___ hours to vote.

A

3

48
Q

Governmental agencies such as the EEOC must ______________the proposed rules prior to enacting the rules. This allows companies/the public to contest new rules.

A

Publish

49
Q

City Council meetings and other government agencies which make decisions must be open to the public. What is this called?

A

Sunshine Law

50
Q

Your employee filed for unemployment, and you want to get all the documents filed in that claim.

What law would you use to get those documents?

A

Freedom of Information Act

51
Q

Jane’s boyfriend is threatening to harm her at work. Under TN law, an employee may go to court and get…

A

Restraining Order

52
Q

Stan Babbs is fired the day that he asks off for his wife’s surgery. Sam would have a claim because the employer… against him for exerting rights he has under the FMLA.

A

Retaliated

53
Q

Sally’s paramedic license has been revoked due to her not disclosing a past arrest. At the administrative hearing with the Tennessee Department of Health, the administrative law judge revoked her license. Sally disagrees with this decision, and she files an appeal with the Davidson County Chancery Court. The Chancery Court would only review the decision if the decision was

A

Arbitrary and Capricious

54
Q
  • can you be fired for tattoos?
A

yes

55
Q

*stab babbs retaliation

A
56
Q

*Title VII: 17+ employees, eeoc, 180 days

A
57
Q

*Go over retaliation

A

BLAW (5 decks)

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