BLAW 3310: Test 3: Miller Uta UPDATED Questions and CORRECT Answers
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Course
BLAW 3310
Institution
BLAW 3310
BLAW 3310: Test 3: Miller Uta UPDATED
Questions and CORRECT Answers
Employment-at-will doctrine - CORRECT 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 - CORRECT ANSWER - A ca...
BLAW 3310: Test 3: Miller Uta UPDATED
Questions and CORRECT Answers
Employment-at-will doctrine - CORRECT 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 - CORRECT 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 - CORRECT ANSWER -
Texas exceptions (jury duty - CORRECT ANSWER -
refusal to do an illegal act - CORRECT 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 - CORRECT ANSWER -
military service obligation) - CORRECT 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 -
CORRECT 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 - CORRECT 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 - CORRECT ANSWER -
Occupational Safety Health Act - CORRECT 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 - CORRECT 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 - CORRECT ANSWER -
Fair Labor standards Act - CORRECT ANSWER - Established federal minimum wage
requirements in 1938. Also established standards for overtime pay.
minimum wage (how determined) - CORRECT 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) - CORRECT 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 - CORRECT 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 - CORRECT
ANSWER -
6.2% for SS plus 1.45% for Medicare b= 7.65% contribution by employer in behalf of employee
- CORRECT 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 - CORRECT
ANSWER -
employee contribution - CORRECT ANSWER - - whatever you contribute to your
employers they usually match you either 100% or less. Say you contribute $60 each month they
give back either $60 or $30, it depends.
retirement defined benefit plans - CORRECT ANSWER - Employee Retirement Income
Security Act is directed most employee benefit plans, including medical, surgical, or hospital
benefits; sickness, accident, or disability benefits; death benefits; unemployment benefits;
vacation benefits, apprenticeship or training benefits; day-care centers; scholarship funds;
prepaid legal services; retirement income programs; and deferred income programs.
- You can keep your contributions to your company even before retirement. Usually can keep it
after 5 years.
defined contributions plans (e.g. 401(k) plans - CORRECT ANSWER - - Retirement plans
through corporations. Company will contribute up to a certain percentage of what the employee
contributes.
contribution by employee - CORRECT ANSWER - Employee adds a certain percentage
each month to set aside in the 401(k)
matching contribution by employer - CORRECT ANSWER - Employers will generally
match up to certain percentage point of the money that an employee sets in his 401(k)
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