Exam 23: Employment Law

An SMP is a set of rules written by an employer telling employees what they can and cannot do when using electronic communication devices and electronic messaging techniques.

Under the FMLA, in order to qualify for leave time, a worker should have been employed by a firm for at least one year and worked for 1,250 hours over a 12-month period before leave is requested.

Jurisdictions that recognize the implied contract exception do not allow employers to preserve an employment-at-will arrangement by using a disclaimer.

Thomas Terrific, aged 59 years, and other employees were terminated by Northwest Power, Inc. due to corporate "down-sizing". All of the employees who were laid off as a result of the closing were promised preferential treatment for other jobs at Time, Inc. Terrific applied for more than 30 of these positions, but he was never rehired. Other employees who were much younger than Terrific were hired. Most of the time, the reason given for his rejection was that he was overqualified. Terrific decides to sue. If you were advising Terrific, which course of action would you suggest?

Under FICA, the amount that an employee is assessed is based on the employee's monthly wage base.

Nancy Nelson, who worked for the Farmington Institute of Technology, took a leave of absence for health purposes. Her supervisor, Mark Bohm, told Nelson, "When you recover from your health problems, you can have your job back with full seniority." Nelson believed Bohm and did not look for work elsewhere. When she returned to work, Nelson found that FIT would not honor Bohm's promise to her. It took Nelson eight months to find another job. Does Nelson have any legal recourse? Explain.

Titanic Industries requires all new employees to have red hair because red is the CEO's favorite color and all company signs are written in red letters. Minority job applicants whose hair is not red sue under the Civil Rights Act of 1964. Discuss their likelihood of success.

The ADA forbids discrimination on the basis of a disability if the disabled individual can do the essential functions of the job with "reasonable accommodations."

To be an effective attempt to preserve employment-at-will, a ____________ also must be written in clear, unequivocal language.

The FLSA specifies that employees cannot work for more than 40 hours per week unless they are paid double for all overtime.

The manager of Palms Restaurant assembles all employees and announces that because theft is occurring, she would fire employees until the guilty party confessed. Turning to an employee, Alice, the manager says, "You're fired." Palms Restaurant is in an employment-at-will state. Discuss if Alice has any legal remedy against Palms.

Jackson Enterprises wants to provide two hours of work after school for children, up to eight years old, and from economically disadvantaged families who cannot afford after-school day care. The work will be coordinated with school assignments and will appeal to each child's unique interests. Discuss any legal issues associated with this plan.

The Little Manufacturing Co. plant is located next to the Sierra River and employs 120 workers. A flash flood one weekend washes away the plant. Little decides not to rebuild and lays off the workers, who are not represented by a union. What legal obligations does Little have to the workers?

Jose works as an exotic dancer at the "Gentlemen's Nightclub." Though he gets tips from the patrons, Jose is paid a weekly salary. Later, Jose discovers that though he works the same number of hours as the females, their salary is double his. If Jose sues the Gentlemen's Nightclub, who will win?

Miguel lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Miguel applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer:

Silitron Co. employs a total of 125 full-time employees, but it is closing one plant which has only 60 employees. Under the WARN act, it is not required to give 60 days advance notice to a union official.

American businesses do not have a legal obligation to give U.S. citizens working abroad the same protection against discrimination that they give to workers in the United States.

After Sarah works three years for Global Industries, Inc., her pension benefits provided by Global must be vested according to ERISA.

To make a case based on a(n) ____________, the employee must demonstrate that the employer or a representative of the employer promised the employee job security despite the apparent at-will nature of the employment relationship.

Under the provisions of which of the ____________ will an employee who has served in the armed forces and successfully completed his/her tour of duty be reinstated upon returning to work in his/her previous position on the job.