Exam 12: The Employment Agreement

In CASE 12.1 Edwards v.Arthur Andersen LLP (2008),the court ruled that Andersen wrongfully terminated the employee in violation of public policy after he refused to sign the invalid covenant not to compete.

Which of the following best describes OSHA's requirements regarding posting of information?

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

What standards are applied to judicial review of ERISA decisions by plan administrators?

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

Rights under the Employee Polygraph Protection Act can be waived in advance by the employee.

Under federal law,it is illegal to employ anyone under the age of __________,except in specified agricultural occupations.

If an employee works more than 40 hours in a workweek,what are an employer's requirements concerning compensation for that employee?

For an H-1B visa to be issued to a non-U.S.citizen,the employer is generally required to show that it was unable to recruit qualified workers in the United States.

In states that permit noncompete clauses,courts will enforce only reasonable restrictions on competition.

Payment of workers' compensation is based on fault.

According to the Fair Labor Standards Act,when an employee is asked to be on standby-that is,available to return to work while off duty,which of the following statements about compensation is true?

Which of the following statements is typically true of a state workers' compensation statute?

In the United States v.Windsor case,the U.S.Supreme Court struck down the Defense of Marriage Act,holding that DOMA was an unconstitutional deprivation of liberty protected by the Fifth Amendment.

Which of the following statements regarding employment laws within the European Union is true?

In the Garcetti v.Ceballos case,Ceballos,a deputy district attorney with Garcetti's Los Angeles District Attorney's office,wrote a memo to his supervisors recommending they dismiss a case based on factual inaccuracies in the affidavit that secured a search warrant.Thereafter,Ceballos claimed he suffered retaliation and denial of promotion,and filed suit against the DA's office claiming violations of his First,Fourth,and Fifth Amendment rights.The U.S.Supreme Court held:

Which of the following statements best describes a 401(k)plan?

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.

The National Labor Relations Act prohibits employers from interrogating employees about union sentiment or activity.

Which of the following federal laws governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans?