Exam 3 Rules

Question 1

FLSA Exemption Test

Answer 1

1) Salary Level
2) Salary Basis
3) Duties Test

Question 2

Fair Labor Standards Act

Answer 2

Policy about minimum wage, overtime, and meal breaks

Question 3

1. Salary Level

Answer 3

$35,568 (increasing Jul 1)

Question 4

2. Salary Basis

Answer 4

a) Must receive full salary for any week work performed
b) Cannot be reduced based on quantity/quality of work

Question 5

3. Duties Test

Answer 5

a) Executive
b) Administration
c) Professional

Question 6

Meal Breaks

Answer 6

30+ minutes: NOT compensable

Question 7

Family Medical Leave Act

Answer 7

Entitles EEs to take unpaid, job-protected leave for specific family and medical reasons with continuation of group health insurance coverage under same terms as if EE had not taken leave

Question 8

Serious Health Condition

Answer 8

Illness or injury that requires continuing treatment by a health care provider for medical problems that exist beyond 3 days

Question 9

Right to Privacy

Answer 9

An individual’s freedom from unauthorized and unreasonable intrusion into personal affairs

Question 10

Privacy/Search Analysis

Answer 10

1) Reasonable Expectation of Privacy (EE perspective)
2) Reasonable at Inception (probably cause: 30-35% certainty)
3) Reasonable in Scope (Particularity: place to be searched, thing to be seized)

Question 11

Public Disclosure of Private Facts

Answer 11

1) Intentional or negligent public disclosure of private matters
2) Disclosure would be objectionable to a reasonable person of ordinary sensitivities

Question 12

Defamation

Answer 12

1) A false statement about paintiff
2) Statement was published
3) Statuement caused plaintiff injury

Question 13

Intentional Infliction of Emotional Distress

Answer 13

1) Extreme and outrageous conduct
2) that intentionally or recklessly causes
3) Severe emotional distress (and bodily harm)

Question 14

Negligence

Answer 14

1) Duty
2) Breach
3) Causation
4) Damages