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Exam 42: Employment and Labor Law

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Question 1

Multiple Choice

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Under the Fair Labor Standards Act, which of the following are not a category of employees exempt from overtime rules?

A) Executives
B) Administrative employees
C) Professional employees
D) Outside salespersons
E) Shift workers

F) A) and E)
G) C) and D)

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Question 2

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In Moreno v. Hanford Sentinel, Inc., the case in the text regarding whether plaintiff's privacy was violated when her MySpace.com post was republished in the local newspaper by a third party without her permission, which of the following was the result?

A) Defendant invaded plaintiff's privacy by publishing an article she subsequently removed from MySpace.com.
B) Defendant invaded plaintiff's privacy because her last name was placed in the newspaper article without her permission.
C) Plaintiff's invasion of privacy claim was precluded by law because plaintiff did not have a reasonable expectation of privacy regarding her publicized opinions that she posted on MySpace.com.
D) Plaintiff's invasion of privacy claim was dismissed because of the electronic waiver provision on MySpace.com.
E) The court remanded the case for further proceedings regarding when plaintiff removed the article from MySpace.com.

F) D) and E)
G) C) and E)

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Question 3

Multiple Choice

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Which of the following primarily governs the internal operations of labor unions?

In regard to holidays, which of the following is required by law in the United Kingdom?

Guadalupe is an eligible employee needing to take Family and Medical Leave, which of the following is correct?

Which country under the Holiday Act of 1973 guarantees every worker, regardless of how long he or she has been with a company, three weeks of paid vacation time and nine additional days off for public holidays?

Magenta has just taken a job with SMPB, LLC in which she will work forty hours a week as a secretary. In regards to Magenta, as a new employee she is guaranteed ________

[Dangerous Convention] WebCo held its annual meeting in Las Vegas for all its sales employees nationwide. The night before the convention, Eugene went to his office in New York because he left his laptop that contained his presentation materials for the convention at work. While grabbing something off the floor, he hit his head on the desk, fell, and slipped a disc in his back, which later required surgery. At the convention, Doria, the VP of Sales, tripped over a microphone cord on the way to give a speech and broke her hip. Later that evening, Bryson, a sales associate, slipped in the shower in his hotel room and broke his arm. All three employees file workers' compensation claims. -Is Doria likely entitled to receive workers' compensation for her injury?

Willamett has left her employment. She knows that she has the right under the Consolidated Omnibus Budget Reconciliation Act to pay for health coverage as she finds another job. When does Willamett have to decide whether or not to keep her health insurance?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Does Monique have a valid claim for wrongful discharge under the implied-contract exception?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -What does the Electronic Communications Privacy Act (ECPA) do in regards to employee privacy rights in the workplace with electronic monitoring of emails, phones and voicemail?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -What is meant by the term employment-at-will? Discuss whether you ethically believe employment-at-will should be retained in the U.S. or whether employers should be required to exhibit fairness whenever a decision is made to fire an employee.

Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Owen, the president of Safe Force, a company that provides security services, was very concerned about attempts at unionization. The union obtained a majority of authorization cards. At that point, Owen told all employees that they would be fired on the spot if they supported the union. His friend Victoria had told him that was the only way in which to proceed and that he should "nip union organization in the bud." The union lost the election and complained of Owen's practices to the NLRB. What, if anything, can the NLRB do once the union has lost the election?

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job. -Does Kayla's failure to contact DesignCo until two days after her leave began constitute inadequate notice under the FMLA?

Which is the correct term for a boycott against an employer with whom the union is directly engaged in a labor dispute?

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair. -Was it illegal for the supervisor to fire Kolby because Kolby is a fan of science fiction?

In return for their right to recover for work related injuries on the job, employees give up the right to bring what kind of claims against their employers?

Valencia lost her position at her company due to consolidation. She is about to start paying for her COBRA insurance benefits until she finds another job. Valencia is responsible to pay ________.

Striking union members of Company A decide that picketing Company A is not accomplishing the desired results and decide to further their efforts. Natasha, the union president, suggests that they picket Company X, a supplier to A, to pressure X into not doing business with A. Which of the following is true regarding Natasha's plan?