Quiz 6

Question 1

Employment-at-will doctrine and exceptions

Answer 1

Can be terminated at any time for any reason, no job protection

Exceptions:
Contract Theory: implied contract exists through things like employment manuals and policies

Tort Theory: discharge of an employee could end up being wrongful discharge, may result in law suit for:
Emotional distress
Defamation

Public Policy: reason for firing violates a fundamental public policy of jurisdiction
Ex. Fired for whistleblowing

Question 2

Child labor provisions of the fair labor standards act

Answer 2

Oppressive child labor is prohibited

Under 14 can only so limited things like delivering newspapers

14-15 are allowed to work, but not in hazardous occupations and are restricted in the number of hours they can work

16-17 can’t work hazardous jobs but aren’t limited in the times they can work

Question 3

Overtime provision of the fair labor standards act

Answer 3

Work more than 40 hours per week, must be paid at least 1.5 times the regular pay for all hours worked over 40

Exempt employees: executives, admins, professionals, computer code creators, etc

Question 4

When can you employees receive unemployment benefits?

Answer 4

Lost their job (like laid off), willing and able to work

Fired for misconduct or leaving voluntarily doesn’t count

Question 5

When can employees receive workers compensation?

Answer 5

For accidental injury occurred on the job or in the course of employment

If you accept, you can’t sue for injuries caused by employer’s negligence unless it was intentional injury

Question 6

Provisions of COBRA (Consolidated omnibus budget reconciliation act)

Answer 6

Lets employees continue on the healthcare coverage received through their employer after they’re no longer eligible for the group health-insurance plans
(18 months)

Coverage must be the same

Doesn’t apply if you’re fired for misconduct

Question 7

Provisions of the Social Security Act

Answer 7

Provides for retirement, survivors’, and disability insurance. Workers covered receive fixed monthly payments

Under FICA, both employers and employees contribute to social security and Medicare. Self-employed pay both

Question 8

Provisions of OSHA (occupational safety and health act)

Answer 8

Federal law aimed at workplace safety

When a work-related injury happens, employers must report it directly to OSHA

OSHA compliance officers can inspect facilities of any establishment covered by OSHA

Employees may file complaints

Employer can’t discharge an employee who files a complaint or who refuses to do a dangerous job not in their job description

Question 9

Provisions of ERISA (employee retirement income security act)

Answer 9

Private retirement plans governed by this

Doesn’t require an employer to establish a pension plan but when a plan exists, ERISA provides standards for its management

All employee contributions to pension plans vest immediately while employer contributions must vest after 5 years of employment

Vesting: gives an employee a legal right to receive pension benefits when they stop working

Question 10

Provisions of the Equal Pay Act

Answer 10

Requires equal pay for male and female employees working at the same place doing similar work

Doesn’t look at job title, just work

Question 11

Provisions of the Family and Medical Leave Act and who they apply to

Answer 11

Applies to employers with over 50 employees

Employers must provide up to 12 weeks of unpaid leave within a 12-month period (for things like caring for a child or older relative)

Benefits/Protections
Workers health care coverage must continue on same terms

Employees must be restored to original or comparable position

Key employees don’t have to be reinstated (one whose pay falls within the top 10% of the workforce)

Question 12

When is electric monitoring allowed?

Answer 12

If employees have been informed that their commutations are being monitored, they can’t reasonably expect those to be private

No reasonable expectation of privacy when using employer-provided devices

Employer may be liable for privacy Invasion if employees aren’t informed that certain conditions are being monitored

Question 13

When are lie-detector tests allowed?

Answer 13

Generally prohibited from having then

Certain employees are required, like government employees, security service workers, or companies which handle controlled substances

Question 14

When are drug tests allowed?

Answer 14

Required by many employers in the interest of public safety and to reduce unnecessary costs

Public employees are generally prohibited from them under the 4th amendment

Testing is allowed for transportation workers or when drug use threatens public safety or when there’s reasonable bias for suspecting an employee of drug use

4th amendment doesn’t apply to private employers
Many states allow it but restrict when and how

Question 15

Title VII of the civil rights act of 1964

Answer 15

Applies to employers involved with interstate commerce with 15+ employees

Prohibits discrimination based on:
Race 
Color 
National origin
Religion 
Gender (pregnancy discrimination, sexual harassment, sexual orientation)

Question 16

Age Discrimination in employment act

Answer 16

Protects people over 40 from workplace discrimination that favors younger workers

Prohibits mandatory retirement for non-managerial workers

Plaintiff must show discrimination was the reason for adverse employment action and establish causation

Establish prima facie case

Question 17

Americans with disabilities act

Answer 17

Must show:
They have a disability

Otherwise qualified for the employment

Was excluded from the employment solely because of the disability

Employers are required to offer reasonable accommodation unless it would be undue hardship

Defenses:
Business necessity: job qualification is reasonably necessary for the business

Seniority: Distribution of job benefits on length of time at the company, defense only of its a bona fide system (discrimination against a protected class is essential to a job)

Question 18

Intentional (disparate treatment) VS Unintentional (disparate impact) discrimination

Answer 18

Intentional: by an employer against an employee

Plaintiff is a member of protected class
Applied for and is qualified for the job
Rejected
Employer sought other applications or filled position with someone not in protected class

Unintentional: when a protected class is adversely affected by an employer’s practices, even if they don’t appear discriminatory.

Establish prima facie case by:
Pool of Applicant’s Test: % of protected class members in the employer’s workforce doesn’t reflect % in local market 

Rate of hiring: compares hiring rates of members of the protected class with nonmembers.

Question 19

How is a Prima Facie case established in a discrimination action? Steps to sue?

Answer 19

Employee doesn’t win once it’s proved

Instead:
Burden of proof shifts to employer

Employer must present a legal defense providing proof its actions weren’t discriminatory

Employee must then prove the defense is merely a pretext and the employer’s decision was motivated by discrimination

Question 20

Different types of sexual harassment

Answer 20

Quid Pro Quo: sexual favors demanded in return for job opportunities, promotions, salary increases, etc

Hostile Work Environment: workplace is permeated with discriminatory intimidation, ridicule and insult so severe as to alter the conditions of the victim’s employment and create an abusive working environment