BLAW 3310: Test 3: miller uta Study Guide 2024
Employment-at-will doctrine - Answer️️ -Refers to the presumption that
employment is for an indefinite period of time and may be terminated
either by employer or employee.
wrongful termination - Answer️️ -A cause of action an employee may
...
Employment-at-will doctrine - Answer✔️✔️-Refers to the presumption that
employment is for an indefinite period of time and may be terminated
either by employer or employee.
wrongful termination - Answer✔️✔️-A cause of action an employee may
have if dismissed for an improper reason, such as exercising a public right
or other interest protected in the employment relationship, such as
protected class status under title VII
"good faith" exception in California - Answer✔️✔️-
Texas exceptions (jury duty - Answer✔️✔️-
refusal to do an illegal act - Answer✔️✔️-An employer cannot fire an
employee for refusing to commit illegal act, such as falsifying reports
required by a government agency or refusing to commit perjury at trial.
Sabine case re refusing to obey order to break law - Answer✔️✔️-
military service obligation) - Answer✔️✔️-An employer cannot fire an
employee for performing a public duty, such as reporting for jury duty or
military service.
post-employment covenant not-to compete must be "reasonable" in Texas
and none in CA - Answer✔️✔️-- cannot recruit fellow employees for another
company when you leave your current place of employment. Can do this
in Texas.
"no raiding post employment clause - Answer✔️✔️-Designed to protect an
employer's business interest in keeping its workforce intact even after the
departure of key employees. Typically, the departing employee is
forbidden from soliciting all current employees as well as any employee
who resigned within six months of the employee's departure date. If the
employee does solicit these individuals, the employer may sue the
employee of breach of contract.
commerce clause - Answer✔️✔️-
Occupational Safety Health Act - Answer✔️✔️-States the employers must
provide employees a workplace "free from recognized hazards that are
causing or are likely to cause death or serious physical harm" and that
employers must "comply with occupational safety and health standards"
issued by OSHA
worker's compensation statute - Answer✔️✔️-Provide for awards to workers
or their dependents if a worker incurs an injury or an illness in the course
of employment. The worker is freed from bringing a legal action to prove
negligence by the employer.
"course and scope of authority" as basis of employer liability - Answer✔️✔️-
Fair Labor standards Act - Answer✔️✔️-Established federal minimum wage
requirements in 1938. Also established standards for overtime pay.
minimum wage (how determined) - Answer✔️✔️-Generally averaged about
50% of the average manufacturing wage. Requires employers to pay a fair
wage to employees and does not allow workers to be paid so little that they
have trouble buying the necessities of life.
overtime (how to compute payment for hours over 40 in a week) -
Answer✔️✔️-If you are an hourly employee and work over 40 hours given
week, you get 1.5x every hour spend working over 40.
Tip credit - Answer✔️✔️-- when you are hired to be a server they only have
to pay you $2.13 the tips are what makes up for the $7.25
re regulation re $46,000 salary before exempt from overtime Security
benefits - Answer✔️✔️-
6.2% for SS plus 1.45% for Medicare b= 7.65% contribution by employer in
behalf of employee - Answer✔️✔️-The government doesn't trust you to save,
so they set aside 7.65% for your future. The employer matches that 7.65% to
get it to 15.3%
45% for Medicare b= 7.65% contribution by employer in behalf of employee
- Answer✔️✔️-
3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller SophiaBennett. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
