Exam 21: Employment Laws

Under the Family Medical Leave Act, in order to take leave, the eligible employee:

Employers are not required to compensate nursing mothers for breaks taken for the purpose of expressing milk.

If the employer already provides compensated breaks, an employee who uses that break time to express milk:

The right to receive a WARN notice excludes part-time workers.

The Fourth Amendment protects public employees from some drug testing because courts have ruled that certain tests were unreasonable searches.

Liability of the employer exists regardless of lack of negligence or fault, provided the necessary association between the injuries and the business of the employer is present.

John, a New York City fireman was fighting a fire when he was struck by a couch which a fellow firefighter had either thrown or pushed from a window of a burning building. John sustained injuries and sued the city for damages. In its defense, the city asserted the common law fellow-servant rule. What is the fellow-servant rule? Does it apply in this case?

Which of the following statements is true of the WARN Act?

Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship.

Under the WARN Act, which of the following constitutes a loss of employment?

Which of the following holds true for the Fair Labor Standards Act?

The provisions included in the Family and Medical Leave Act:

Whistleblowers are entitled to awards of lesser amounts when the fraud has already been publicly disclosed and the whistleblower is not an original source.

Aside from granting leave when appropriate, what are the responsibilities of the employer with regard to the Family Medical Leave Act?

George Bennet was hired by Bragg Brothers Ltd., as a business agent and was told by its secretary-treasurer that he would be employed for as long as his work was satisfactory. During his employment, Bennet was subpoenaed by the California legislature to appear before, and testify to, a committee which was investigating corruption inside Bragg Brothers. The company directed Bennet to make false statements to the committee during his testimony, but he instead truthfully answered all questions posed to him. He was fired the day after his testimony. Is the company justified in its action under the at-will doctrine?

Pat Whatmore worked as manager at National Banks. One morning, a National branch received a telephone call from Whatmore, who claimed that he had been forced at gunpoint to help rob the bank. Later that same day, National Banks' regional security manager requested Whatmore to take a polygraph examination in order to eliminate his name from the list of suspects. Whatmore refused and sued the bank for the breach of privacy. Is the bank justified in asking Whatmore to take a polygraph test?

Polygraph tests may:

In internship programs under the FLSA, the intern is entitled to wages for the time spent in the internship.

Jamie works as a barista at Coffee-Ha-Ha, a small chain of three coffee houses, in the main facility located in Paradise, New Jersey with 60 other employees. He has worked there full time for 18 months. His wife has called with some bad news. His mother was driving with Jamie's 10-year-old daughter, Delores, and has had an accident severely injuring both of them. Jamie has asked his employer for leave under the Family Medical Leave Act. Which of the following is true?

Block International is an American company manufacturing fiber cement products at its Macon plant, and its U.S. headquarters are located in Norcross. Mel works as a plant supervisor. She had to take leave in order to care of her mother who had undergone surgery for a serious health condition. The management of the company terminated Mel for taking intermittent leave. Is the termination order justified?