Exam 12: The employment agreement

The best theory under which to attempt to hold a company liable for untrue,overzealous sales pitches that induce an applicant to take a job is ________.

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

The federal agency responsible for enforcing the provisions of the Occupational Safety and Health Act is

Generally,employees who earn less than _________ per week are automatically considered eligible for minimum wage and overtime as required by the Fair Labor Standards Act.

Fact Pattern 12-2 Paige is 64 years old and would like to retire from her job at an accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it. -Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare?

The Employee Polygraph Protection Act completely bans the use of polygraph exams.

Set forth typical limits on the employer's right to terminate an employee without cause.

Fact pattern 12-1 Ricardo,an Italian citizen,who specializes in a specialized form of computer programming that his highly in demand is interested in coming to work in the U.S.A friend of his told him that he could come to the U.S.but that he would not be protected by U.S.employment laws and regulations.Ricardo also understands that a strictly enforced rule is that he could only work in the U.S.for three years.Ricardo is inclined to come to the U.S.but would like additional information regarding his rights and the process. -Refer to fact pattern 12-1.If Ricardo comes to the U.S.to work with appropriate documentation,for how long will he generally be authorized to work?

The first minimum wage was set at

Courts in a minority of states have recognized a bad-faith exception to the at-will employment relationship called the ______.

Explain the legal problems raised by drug testing in the workplace.How are public and private employers treated differently under the law? What constitutional rights can an employee assert to try to defeat a drug test? How do courts balance the competing interests of the employer and the employee? Discuss fully.

Congress declined to include whistleblower protection in the Sarbanes-Oxley Act of 2002.

Union contracts almost universally require just cause for employee termination.

Fact pattern 12-1 Ricardo,an Italian citizen,who specializes in a specialized form of computer programming that his highly in demand is interested in coming to work in the U.S.A friend of his told him that he could come to the U.S.but that he would not be protected by U.S.employment laws and regulations.Ricardo also understands that a strictly enforced rule is that he could only work in the U.S.for three years.Ricardo is inclined to come to the U.S.but would like additional information regarding his rights and the process. -Refer to fact pattern 12-1.Is Ricardo entitled to the protection of U.S.employment laws and regulations?

What did the U.S.Supreme Court rule regarding the drug testing of U.S.Customs Service employees in line for transfer or promotion to certain sensitive positions involving drug interdiction or the handling of firearms?

Federal law prohibits drug testing by private employers unless a substantial need for the testing can be shown.

President Bill Clinton signed an executive order prohibiting the federal government from using genetic testing in hiring or promotion decisions.

Even if an individual is an at-will employee,in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

The ban of the Fifth Amendment to the U.S.Constitution on unreasonable searches and seizures applies only to governmental activity.

State and local governments are prohibited from complying with the overtime provisions of the Fair Labor Standards Act by giving employees compensatory time in lieu of overtime pay.