BLAW2080 FINAL TEST 5 QUESTIONS WITH CORRECT DETAILED ANSWERS GRADED A+
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Course
BLAW2080
Institution
BLAW2080
BLAW2080 FINAL TEST 5 QUESTIONS WITH CORRECT DETAILED ANSWERS GRADED A+
Copyright - Answer-The exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time.
Trade Secret - Answer-A formu...
BLAW2080 FINAL TEST 5 QUESTIONS
WITH CORRECT DETAILED
ANSWERS GRADED A+
Copyright - Answer-The exclusive right of an author or originator of a literary or artistic
production to publish, print, sell, or otherwise use that production for a statutory period
of time.
Trade Secret - Answer-A formula, device, idea, process, or other information used in a
business that gives the owner a competitive advantage in the marketplace.
Most U.S. workers are "employees at will," which means... - Answer-either party can
end the relationship at any time and for any reason
Exceptions to Employment-at-Will - Answer-- Contract theory
- Tort theory
- Public policy
Contract Theory - Answer-If a contract exists, whether express or implied, that will
control the employment arrangement
Tort Theory - Answer-Termination could lead to a wrongful discharge claim
Public Policy Example - Answer-Whistleblowing
Wrongful Discharge - Answer-If the employer terminates the employee in violation of
statute or contract, a claim for wrongful discharge can be brought
Federal Laws: - Answer-- The Davis-Bacon Act
- The Walsh-Healey Act
- The Fair Labor Standards Act (FLSA)
The Davis-Bacon Act - Answer-Requires contractors and subcontractors working on
federal government construction projects to pay "prevailing wages" to their employees
The Walsh-Healey Act - Answer-Requires minimum wage and overtime be paid to
employees of federal government contracts
The Fair Labor Standards Act (FLSA) - Answer-Extends wage-hour requirements to
cover all employers engaged in interstate commerce
FLSA prohibits... - Answer-oppressive child labor practices
* FLSA severely limits the types of labor children can do
, Overtime Exemptions - Answer-Under the FLSA, employees who work over 40
hours/week are entitled to 1.5 times the hourly wage for those hours worked
* Excludes management and administrative employees
Overtime Exemptions Types - Answer-- Administrative employees that are paid a salary
and related to general business operations
- Executive employees whose primary duty is management
Layoffs - Answer-Worker Adjustment and Retraining Notification (WARN) Act: 60-day
notice before a mass layoff during 30-day period, which results in workforce loss of:
- At least 33% of fifty (50) full-time employees at a single job site
- At least 500 full-time employees
* Unemployment insurance provides replacement income to employees who have been
laid off
Coverage and Applicability of the FMLA - Answer-- FMLA requires employers with over
50 employees to provide 12 weeks unpaid leave to employees who need to care for a
spouse, child, or parent suffering with a serious medical condition
- Serious injuries or military duty can take up to 26 weeks
FMLA stands for... - Answer-Family and Medical Leave Act
Violations of the FMLA - Answer-- Damages to compensate an employee for lost
benefits, denied compensation, and actual monetary losses
- Job reinstatement
- Promotion, if a promotion has been denied
Occupational Safety and Health Administration (OSHA) - Answer-Federal law aimed
toward safety in the workplace
* When there is a workplace injury, the employer has 8 hours to report an employee
death, failure to due so results in fines
* Employer has 24 hours to report injuries
The OSHA act created a federal administrative agency with three main objectives: -
Answer-- Rulemaking
- Inspection & enforcement
- Education of employees and employers
State Workers' Compensation Laws - Answer-Establish an administrative procedure for
compensating workers injured on the job
* Represents a compromise
- Employees generally cannot sue employer for workplace accidents (negligence)
- Employees have coverage for injuries, disability and loss of life resulting from
workplace injuries
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