Exam 28: Employment, Immigration, and Labor Law

To avoid permitting a key employee to take family or medical leave, an employer must show that the leave would cause "substantial injury" to the employer.

Healthy Harvest Company runs a fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

An employee's reasonable expectation in response to an employer's promise is key to a finding of an implied employment contract.

An injury that occurs while an employee is commuting to or from work is usually not considered to have occurred on the job or in the course of employment and hence is not covered by workers' compensation law.

Discharging an employee soon after hiring with a promise of "long-term employment" may give rise to an action against the employer for fraud.

An employee must complete Form I-9, Employment Eligibility Verification, within three days of the commencement of employment.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

Private employers are generally free to hire and fire workers at will.

Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odell and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odell is injured in an accident that is entirely Phelps's fault. Odell files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

The Immigration Reform and Control Act makes it legal to hire, recruit, or refer for a fee someone not authorized to work in this country.

The permissibility of a private employer's drug testing of employees may hinge on whether the testing is reasonable.

An express employment contract cannot protect an employee from discharge without good cause.

Frank is an employee of Guitar Makers LLC. Guitar's employee manual states that workers, such as Frank, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

The employees of Beverage Bottling Company designate Cola Cappers Union as their bargaining representative. Beverage refuses to bargain with the union. This most likely violates

To pay for social insurance programs administered by the Social Security Administration, employers, employees, and the unemployed must contribute.

A worker who has voluntarily left his or her job qualifies for unemployment compensation to partially make up for the worker's loss of income.

An employer is not prohibited from intercepting and monitoring all communications made on electronic devices by employees during business hours.