Exam 12: The Employment Agreement.

In CASE 12.2 Edwards v.Arthur Anderssn LLP.(2008),plaintiffEdwards was a tax manager at an Arthur Anderson office in Los Angeles.Arthur Anderson was later indicted for its role in the Enron debacle,but an AA subsidiary HSBC offered to hire Edwards conditioned on signing a "termination of non-compete" agreement (TONC).Edwards signed the employment offer but not the TONC.The offer was rescinded and Edwards was terminated.Edwards sued.The main issue dealt with California's statutory ban on most:

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

Pursuant to federal law,states have the same rules in place in regard to implied contracts of employment.

Regarding drug testing,the Fifth Amendment's ban on unreasonable searches and seizures applies only to governmental activity.

The Fair Labor Standards Act requires that,with some exceptions,every employee be paid __________ for hours worked in excess of __________ hours in a workweek.

The WARN act requires employers to give employees at least 120 days advance notice of a plant closure affecting at least 50 employees.

List exceptions,if any,to the Employee Polygraph Protection Act's ban on polygraph testing.

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.

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.

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

The U.S.Supreme Court struck down Arizona's "Legal Arizona Worker's Act of 2007" because it went beyond the Immigration Reform and Control Act's savings clause which preempts states from imposing civil or criminal sanctions on employers hiring aliens other than through licensing or similar laws.

In a(n)__________,the employer guarantees that the participant will receive an annual benefit for life following retirement,or the actuarial equivalent of such a benefit,based on a formula in the plan regardless of contributions made or the plan's investment performance.

What type of statutes protect employees who report illegal activities going on within their company?

Melody just got out of law school and went to work at Big Law Firm.One of her first assignments is to help a partner who just got reassigned to the employment law section of the firm.The partner asks her to provide information regarding the legality of drug testing.What four factors should Melody tell the partner are considered in determining whether drug testing will be deemed permissible in a particular situation?

TheNat'l Treasury Emps.Union v.Von Raabcase referenced in the text,involved the 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.How did the U.S.Supreme Court rule?

A private-sector employee can avoid at-will status by negotiating a contract that provides for a specific term of employment and defines how the contract can be terminated.

Around half the states originally followed the employment-at-will rule.

Which of the following is true regarding genetic testing by employers?

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

Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as __________ employees.