C233: Employment Law

Alicia, who works for the Congressional Budget Office, asked her supervisor to see her employee file because she believed there may be some inaccurate statements on previous performance reviews. What gives her the right to do that?

Privacy Act of 1974

Kesha has been feeling increasingly uncomfortable around Bob, her supervisor. Bob has been overly friendly and over the top complimentary toward Kesha. A couple weeks ago, Bob offered to take Kesha to lunch to discuss the department's new project and she went. During lunch however, the project was not discussed despite Kesha bringing it up several times. This happened a couple other times and during each lunch Bob seemed to get flirtier even touching her hand at one point. Last week, Kesha finally denied the invitation and yesterday found out she was not awarded a spot on the project team that consisted of four (4) males and three (3) females. When she asked Bob why she was not placed on the team, he responded with she "just didn't seem interested." Kesha considered this discrimination and filed a claim with the EEOC. What is her best claim?

Quid Pro Quo Sexual Discrimination

Which of the following best describes how the employee handbook may create an implied contract?

Reliance on the employer handbook for policies or practices.

The Labor Management Reporting and Disclosure Act (LMRDA) provided all the following except:

Required union members and the union enter arbitration to settle disputes when union members' rights have been violated under the Act.

When an employer with an Affirmative Action plan, but no BFOQ, considers race to favor one candidate over another what have some claimed to be happening?

Reverse Discrimination

Curt, Kana's husband, would like to stay home for a bit with Kana and their new baby. What entitles Curt to do so?

The Family Medical Leave Act

Kana has just had a baby and even though she has used up all her vacation time at work, she wants to have some time off to stay at home with the baby before coming back to work. What gives Kana the right to do so?

The Family Medical Leave Act

Which pro-labor Act was instrumental in governing how employers and unions worked together by a) establishing the legitimacy of unions and labor organizing efforts, b) recognizing that employment to the worker superceeded the needs of the firm, c) promoting that collective bargaining was the only way workers could change working conditions, d) preventing interference of the federal courts in labor disputes, and e) declaring yellow dog contract to be illegal?

The Norris-La Guardia Act

Which agency is responsible for enforcing anti-discrimination laws?

EEOC

In the spring of 2017, the Communications Workers of America decided to strike because it claimed the employer, AT&T was taking away jobs through off-shoring and out-sourcing. The union believed that AT&T was not proposing fair resolutions and that jobs were being cut so that cheaper labor could be used. Which of the following best describes this situation?

Economic Strike

Which of the of the following examples is the best example of a "special need" outweighing an individual's right to privacy?

There was an accident in the plant so the employee involved in the accident is sent for a drug test.

Todd was in line for a promotion and was excited for his new opportunity. He is African-American, 42 years old, and a college graduate with 10 years of experience at his company (3 years in his current job). He and his supervisor had discussed his career path several times in the last three years and he was doing all he could to keep up to date with training and development opportunities and maintain a strong performance record. When the position was posted, he applied and went through to the final round of the interview. He was surprised to find out Joel, an Arab-American, 39-year old college graduate with 8 years of experience at the company was granted the promotion. Which of the following statements is most true?

Todd has no claim under ADEA, Title VII, or the WARN Act; the best person got the job.

In 2011, Chrysler Group, LLC and the United Auto Workers entered contract negotiations. There was much acrimony published in the press between the two sides and there were several instances of either not completing negotiation sessions, claims of no-shows or no schedule flexibility to schedule sessions, and missed deadlines. This behavior is best described as

Unfair Labor Practice

Disparate/Adverse Impact can best be described as ________________ discrimination whereas Disparate/Adverse Treatment can best be described as _________________ discrimination.

Unintentional; Intentional

When would it be acceptable to employ a mandatory retirement under the ADEA?

When a firefighter reaches 60 years old.

Janelle applied for a job (for which she was qualified) at Station Casino and was asked to sign an authorization to obtain her credit report. Janelle refused and Station Casino denied her employment. Did Station Casino act appropriately?

Yes, the Fair Credit Reporting Act allows employers to deny employment for non-consenting applicants

Meagan works for Do Rite Factory. One day, Meagan was walking through the plant and noticed that one of the guard screens that covered an opening in to the floor to the "pit" was missing; the pit was the basement and these openings used to allow passage of scrap metal and other defective products to the basement. She immediately reported the safety hazard to her supervisor who said she would take care of it. The next day, the guard screen was still missing leaving the opening exposed and allowing the potential for someone to fall through. She went to her supervisor again who asked her to place some caution tape over the opening for now. When Meagan asked when the guard screen would be replaced, her manager told her probably not until next quarter because production is behind. Meagan then filed a complaint with OSHA and was subsequently fired. Does she have a cause of action?

Yes, under OSHA

Lickety-Split, LLC has a group of Muslim employees who have requested one of the empty offices for their prayer during their lunch hour. Lickety-Split denies their request. The group of employees then decides they will pray in the hallway out of the way of other employees, any customers, or without interference to any production. Other employees begin to complain to management that they are disruptive and causing tension because other employees do not understand what they are doing. Likety-Split subsequently fires the individuals for their "unruly behavior." These employees have requested a(n) ______________________, it doesn't appear their request causes a(n) _____________________, and they likely have a claim for _______________________ under Title VII.

reasonable accommodation, undue hardship, religious discrimination

Jose works full-time for Quality, Inc. an engineering firm, as a Quality Control Specialist. Jose does not have any direct authority to hire/fire at the company and while Jose controls a majority of his activities during the day, Quality, Inc. works with Jose to set goals and does hold him responsible for achieving certain metrics. Knowing only this information, Jose could best be described as a(n):

Employee

What percent of the workers must be interested in joining a union in order for a petition to be submitted to the NLRB?

30%

When the Supreme Court decides a case and that decision is henceforth considered law (example Roe v. Wade), it's an example of:

Common Law

What is considered the "supreme law of the land" and requires that all laws comply with its provisions or be void?

Constitution of the United States

Which of the following companies is least likely to have an Affirmation Action plan?

A new tech start-up with five employees.

Business necessity is a key term associated with a Bona-Fide Occupational Qualification (BFOQ). Which of the following is the best example of a BFOQ?

A private Catholic school that hires only Catholics as teachers

LawnShark Lawncare, LLC and PoolShark, LLC are two companies owned by Paul Mitchell. While they have separate locations, Paul does act as the COO as both companies and has one office located at the LawnShark facility. Each company has a separate sales staff, but both sales managers report directly to Paul. Paul has just hired Zekira as the HR director and she will be responsible for the HR functions for both companies. LawnShark and PoolShark would best be described as:

An Integrated Enterprise

Becky, a chemical engineer at Cement Charleys, posted to her Facebook page about a new compound the company had created to would eliminate the crumbling cement on our roads. She espoused the benefits of the new compound, described its basic composition, and proclaimed it would revolutionize the industry. She was immediately terminated. Which is most true regarding Becky's situation

Becky should not have posted that because it divulged intellectual property; Cement Charleys should have fired her.

Which of the following is not an example of an unfair labor practice perpetrated by a union?

Bills the employer for extra work performed every quarter

Bad News Corp has 15 undocumented workers "employed" currently. Bad News pays these workers below the federal (and state) minimum wage, works them in excess of 50 hours per week without paying time and half, and refuses to accommodate their requests for time off to celebrate the holidays related to their heritage/culture. Bad News Corp may be in violation of:

Both FLSA and Title VII

Monique a Vice President for Human Resources at Quick Stuff, Inc., a 20-person firm in Arizona had an employee file an age discrimination complaint with her department. She must now determine how to best approach this and what laws are applicable. She would consider all the following except:

Determine which federal employment statues apply to Quick Stuff.

Beverly was an up-and-comer at her firm; she had been informed she was definitely on the partner track during her most recent performance review. Beverly just married Abdul, a Muslim from Turkey and subsequently was hearing rumors of management's displeasure of her choice. She had overheard comments at the water cooler such as, "I can't believe she married that guy; now she'll never make partner" and "She just killed her career now" as well as several comments relating to stereotyping her spouse and their relationship. During the annual meeting to discuss partnership votes, Beverly was denied a partnership election despite having a clean employment record, the highest revenue generation in the firm, and excellent performance reviews. She was given the reason that further leadership development is necessary. Assuming Beverly has encountered some discriminatory practice, which best describes the type of discrimination she likely encountered?

Discrimination based on National Origin

Becky believes she has been discriminated against based on her gender and age. What should she do?

Document everything and go to the EEOC.

The Public Policy Exception, Implied Contract, and Implied Covenant of Good Faith and Fair Dealing, and Collective Bargaining Agreements are all exceptions to:

Employment AT-Will Doctrine

Jarrod finds a new job and subsequently asks his manager to leave him off the new schedule for the upcoming week. His manager then tell Jarrod he cannot quit that quickly that he "has to" provide two-week's notice. Jarrod asked why and manager states "it's the law." Which "law" is the manager most likely referring to incorrectly?

Employment-at-will

Which of the following is the best example of an unfair labor practice perpetrated by an employer?

Fails to provide wage and salary information of employees when raises are one of the bargaining subjects for the upcoming negotiation.

All of the following could be considered a reasonable accommodation under the ADA except:

Forgoing the discipline process for an employee who is acting erratically due to mental illness.

Which Amendment to the Constitution may protect an employee from his/her employer searching his/her desk or office at work?

Fourth

Happy Kids Daycare performed a search history on all employee computers last week. Employees were not given advance notice of the "search" nor were they present when the search was completed. Todd's computer search (using his unique log-in credentials) produced visits to child pornography sites and he was subsequently fired. What recourse does Todd have?

He cannot sue for invasion of privacy

To establish a Prima Facie case of disparate treatment under Title VII, the claimant must show which of the following:

He/she is member of a protected class, he/she applied for job for which he/she was qualified, he/she was rejected despite being qualified, and the job remained open and the employer continued to seek applicants

Lubbell Trains in Michigan has been experiencing downward trending sales for the last 10 years and can no longer afford to pay the higher union salaries of its workers. Lubbell makes a strategic decision to re-locate operations to Alabama where they can get cheaper facilities and cheaper labor. Lubbell has 63 employees at 2 different sites in Michigan and plans to lock the gates at both locations in two weeks and completely shut down operations in Michigan; Lubbell has already signed a lease and hired employees in Alabama. Which of the following regarding the WARN Act applies to Lubbell Trains?

Nothing because Lubbell trains doesn't have 100 employees

Humberto the HR Director at Universal Delivery receives a call from Isabella asking for a reference/background on Eric for a delivery position. Humberto describes Eric as what Isabella assumes is an average employee and when asked if he would hire Eric again, Humberto replies no. Isabella then asks for details to which Humberto responds he is not allowed to furnish any details per his employer. Isabella subsequently thanks Eric for his interest in Universal Delivery Service, but tells him another candidate has been selected. Humberto later goes to the bar with some friends and proceeds to tell them about the call and how "He would never hire that idiot again, he was a menace, and was a horrible driver because he had four accidents in one year." One of Eric's friends overheard the conversation and told Eric what Humberto said. Eric then filed suit against Humberto and Universal Delivery Services claiming slander because Humberto's reference cost him the job. All of the of following may be true regarding this situation except:

Humberto is protected by the "Respondeat Superior Doctrine" because he furnished information that was true within the scope of employment.

Blake is worried that one of her employees, Mohammad, is classified as an independent contractor, but should actually be considered an employee. Blake begins to analyze what Mohammad does and how he does it in terms of his job. She determines the following: she directs Mohammad's work, was responsible for training him, and evaluates his performance as well as notes that he is using all company provided equipment to do his work and he is required to submit various production-related reports weekly. Blake is likely using which test to determine Mohammad's independent contractor status?

IRS 20-Factor Analysis

Bohari has job responsibilities that require him to attend various professional conferences. In the employee handbook, there is a policy that states employees wishing to travel, must complete a "travel request form" and submit it to their supervisor at least three months prior to the travel. On the form is the reason for travel, professional/company benefit of travel, and anticipated budget. When the supervisor approves the travel, it creates an expressed/explicit contract that Bohari will be allowed to attend the conference, the company will pay the cost of the conference attendance/travel, and he will be reimbursed for his expenses. Bohari completes the form in October and submits it to his supervisor that same month for travel in March. How does this procedure create a type of implied contract?

It implies Bohari will still have a job in March.

On October 15, Jackie realizes that she is not being paid as much as her colleague, Ethan. Jackie began working for the company on September 1 and Ethan began August 15 and they are paid on the 15th and 30th of each month. She reports it to her employer who tells her the pay differentiation is due to seniority and balance of job duties. She accepts that answer, but after talking with some of her family members and contacting one of her undergrad professors, she determines, their job duties are similar and that Ethan only started at the company two weeks before she did. May 1, she decides that she in fact believes she is being paid unfairly and that her company is violating the Equal Pay Act so she files suit with the EEOC. Which of the following is most true of Jackie's claim?

Jackie may have a case because the Lilly Ledbetter Fair Pay Act extends the timeframe to include 180 days from the latest discriminatory action (her latest paycheck).

All of the following are examples of sexual harassment under Title VII except:

Johnny, who is rarely in the office, sees Blasia and tells her "I like your outfit."

Marco, a sales representative for Got Stuff, Inc., is assigned to service and call on Sales R Us where Juanita works. Juanita has become increasingly uncomfortable with Marco's advances and has reported her anxiety to her supervisor, Merle. Merle refuses to move her or ask anyone else to meet with Marco nor does he call Marco's supervisor to report the behavior. Which of the following is most true?

Juanita has a claim of sexual harassment against her supervisor and Sales R Us may be held liable because of the agency relationship

The National Labor Relations Act established all of the following rights for workers except:

Keep workweeks at 40 hours or be paid overtime

Shelby, the Human Resource Director for Maple Leaf Syrup Company has to hire 15 new production line workers within the next two months because of a new distribution channel. She has received hundreds of applications and reviewed them. She has 40 candidates lined up for interviews. Because time is running tight, after the first round of interviews, she offers 20 candidates positions based on the interview team's suggestion. She feels lucky because she had exactly 15 acceptances from the 20 offers and feel as though she has met her goal. She brings in all 15 new hires and has them complete the necessary paperwork and they begin work that day. One of the new hires, Mike, in his first week of employment has been acting erratically and assaults one of his co-workers, Miquel, causing Miquel to suffer a broken nose. Mike is immediately fired. Subsequently, Shelby found out that Mike was fired from his previous job for a similar incident. Does Miquel have a course of action against Maple Leaf Syrup Company?

Maybe, he may claim Negligent Hiring because Shelby failed to do a background/reference check on Mike where this information may have been divulged.

Local 123 is in contract negotiations with Dollhouse Inc. Local 123 has had claims of discrimination by Dollhouse against workers who belong to the union with examples of communications by management level employees such as "They are just a bunch of union cry babies" and "if you go that union meeting, you're not getting that raise". There was even a formal complaint filed with Local 123 against Dollhouse by J.P. who was subsequently fired. Local 123 has also accused Dollhouse of not furnishing necessary information for their collective bargaining negotiations. Local 123 is considering these events examples of unfair labor practices. What agency should Local 123 report these incidents to so that corrective action can be taken?

NLRB

Tanisha is a full-time assistant manager at Food Place, a small grocery store in Wyoming. She routinely has to "cover" for cashiers who do not show up for work or when there is some other gap in the schedule. Because she is responsible also for the cash drawers, she is required by her employer to "report" to work 15 minutes prior to her shift and stay 15 minutes after to balance the drawers, but she cannot clock in prior to the start of her shift and she has to clock out at end of her scheduled shift according to store policy. What this means is that in any given week, she is working at least 2.5 hours over her 40-hour expectation. Which of the following true regarding Tanisha's right to overtime pay under the FLSA?

She is entitled to 1.5 times her hourly rate for those 2.5 hours of overtime and for any "no-show" shifts that extend beyond her 40 hours.

Quinn found herself running late to work because there was a long line at Starbuck's that morning. When she got to work, she noticed an order in her e-mail and had to literally sprint down to the production department to place an order for one of her customers to ensure it met the production deadline, which is was in 30 minutes. While running through the plant, she tripped and fell, breaking her arm. Which of the following is most true regarding Quinn's right to pursue a Worker's Compensation claim?

She may only be entitled to it if she can prove there was a hazard that caused her to trip; otherwise she was running and negligent, so she may not get it.

How is the union certified?

Simple majority of the votes

Suzy is an at-will employee for Safety Corp. She found several safety violations that caused her to feel unsafe at the workplace. She reported these issues to her supervisor, but nothing was corrected. She then reported the violations to OSHA. Safety Corp. discovered it was Suzy who reported the issues and started the OSHA investigation and subsequently fired Suzy. Which of the following best describes the recourse available to Suzy?

Suzy may have a claim for wrongful termination based on the Public Policy Exception

Noah, who was an exemplary employee, began coming in late to work and missing shifts. He was subsequently disciplined and terminated in accordance with the company's discipline policy/employee handbook. He filed for unemployment, which the employer tried to deny citing willful misconduct. The decision was appealed and during the hearing, it was discovered that Noah was missing work because his seizure medicine was not working and he was having difficulty sleeping and thus waking up for work. Noah's supervisor admitted to tending to Noah a few years back after he had a seizure while at work. What should be the employer's main concern?

That Noah is protected under the ADA because he had a seizure at work and an ADA claim could result in a larger award for Noah than settling the unemployment claim.

Manuel applies for a job at Cabinets and More. It is a small family run business with 3 employees one of whom just quit so Manuel was hired. Manuel is an illegal alien, but furnishes a "fake" social security card and license. The owner of the cabinet maker makes copies of the documentation but does not perform any checks on their authenticity. Which of the following statements is most true?

The Cabinets and More owner has to pay Manuel according the standards established by the FLSA and avoid discriminatory practices.