Employment Law || with 100% Verified Solutions.
Employment Law correct answers is a patchwork of federal, state, and local laws.
Whether and how laws apply depends on: correct answers Whether employees work for the
government or a private employer, whether they have union representation, and the size of their
employer
5 sources of employment law correct answers Constitutions, Statutes, Executive Orders,
Regulations, and Common Law
Casias v. Wal-Mart Stores correct answers court rejected plaintiff's request for a new category of
protected employees - those who use medical marijuana
Substantive Rights correct answers Many people mistakenly believe that they cannot be fired as
long as they are doing a good job, but this is not true.
Employment at Will correct answers An employee can quit at any time for any reason or no
reason at all. An employer can fire an employee at any time for any reason or no reason at all,
except for reasons prohibited by law.
Substantive Rights correct answers Freedom to Engage in Concerted Activity and Collective
Bargaining
Terms and Conditions of Employment that Meet Minimum Standards Ex: Fair Labor Standards
Act
Protection of Fundamental Rights
Ex: privacy torts
Compensation for Certain Types of Harm
Ex: Employer defames employee
Determining which laws apply correct answers Public Sector or Private Sector Employment
Unionized or Nonunion Workplace
Employer Size
Calculated by the payroll method
Geographic Location
Government Contracts
Industry and Occupation
First employment legislation correct answers State workers' compensation laws to deal with
severe problem of injured workers, 1930s, National Labor Relations Act (Most employment laws
reflect the work of social movements.)
Enforcement procedures correct answers exist for bringing and resolving claims.
Lilly Ledbetter Fair Pay Act correct answers provides that each discriminatory low paycheck is a
separate violation which starts the limitations period anew.
,Can a Lawsuit be Brought? correct answers 1)Suits may be brought in state or federal court.
2)If federal, the trial is held in the district court.
3)Many cases are dismissed by summary judgment.
4)The employee who is suing is the plaintiff.
By Whom? correct answers 1)At trial, plaintiff bears the burden of proof.
2)Either party may appeal to the appeals court.
3)Rarely does a case appealed from the appeals court get to the U.S. Supreme Court; if accepted,
the Supreme Court issues a writ of certiorari.
4)Consistency & stability are provided by stare decisis
Is There an Administrative Prerequisite to a Lawsuit? correct answers Some employment laws
require that a charge be filed with the EEOC or Department of Labor. The agency tries to reach
conciliation with the parties.
Failing that, the agency issues a right-to-sue letter.
Mandatory arbitration agreements correct answers requiring employees to submit their
employment disputes to arbitration (not mediation), rather than bring suit in court, are generally
enforceable.
Federal Arbitration Act (FAA) correct answers requires courts to enforce most written arbitration
agreements. (But like other contracts, arbitration agreements are subject to contract defenses.)
In some states, arbitration agreements will not be enforced if they are _________? correct
answers "unconscionable" (both procedurally and substantively.)
A contract is "procedurally unconscionable" if correct answers drafted by the party with greater
bargaining power and presented on a "take it or leave it" basis without opportunity for
negotiation or modification.
A contract is "substantively unconscionable" if correct answers its terms are markedly unfair to
the less powerful party, particularly by imposing limits and burdens on the less powerful party
which are not shared by the other.
Nino v. The Jewelry Exchange correct answers holding that arbitration agreement was
unenforceable because it contained unconscionable terms, such as a five-day time period within
which to complain, a requirement that each side bear its own legal costs, and method of selecting
arbitrators that favored employer
If your firm decides to use arbitration agreements, avoid provisions like these: correct answers
No selection of a neutral arbitrator
Employee pays excessive fees
Remedies inferior to those granted by court
No minimum discovery process
Many restrictions placed on the employee, but few on the employer
, Employer reserves the right to change the agreement at any time
If your firm decides to use mandatory arbitration agreements, make certain that: correct answers
They are in writing.
They clearly notify employees that they are waiving their right to sue.
The employee understands the terms.
The employee signs in writing to indicate acceptance of the agreement.
Because employment decisions can have consequences months or years after the events, HR
managers should be careful to document decisions and the reasons for them correct answers at
the time they occur.
EEOC remedies for violations may include: correct answers Attorneys' fees, Court orders, Back
pay, Front pay, Reinstatement, Hiring, Liquidated damages, Compensatory damages, and
Punitive damages
Arbitration clauses in collective bargaining agreements (CBAs) do not correct answers bar those
employees from going to court.
Arbitration agreements do not correct answers prevent employees from bringing complaints to
government agencies like the EEOC, which may bring suit.
The Role of Managers
in Legal Compliance is correct answers To recognize, analyze and deal effectively with
employment law issues.
To put in place sound policies and practices that PREVENT legal problems from arising in first
place.
To enforce compliance with established law and develop strategies for dealing with legal issues
that are not clear.
To know when to seek legal advice.
Ways to determine if employment relationship exists correct answers Compliance with tax laws
Social Security and Medicare taxes
Workers' Compensation and Unemployment Insurance
employee correct answers "An individual employed by an employer"
Narayan v EGL, Inc. correct answers using hybrid test to conclude that there was an employment
relationship between supply chain management company and its workers who provided freight
pick up and delivery services
Independent contractor correct answers provide tools, etc., and pays its own business expenses,
hire its own assistants, should be paid a flat fee for the work.
Long-term ICs; don't assign new projects without renewing the agreement, Don't have ICs doing
same work as employees, Don't provide benefits, even time off, and may offer services to others
