Exam 12: The Employment Agreement

Employers often require employees to sign confidentiality agreements to protect the employer's confidentiality obligations,which are generally enforceable as long as they are broadly tailored to cover all employer information an employee is exposed to.

Section 7 of the NRLA gives union employees the right to engage in "concerted activities" for collective bargaining or other mutual aid or protection.​

Joey is the owner of a manufacturing company called ProfitMax.Joey finds out that a union is attempting to organize the employees at ProfitMax.Joey indicates to company supervisors that they will never deal with a union and that ProfitMax has no plans to pay a higher wage if the union is elected.Joey plans to tell supervisors that they may not encourage union activity.Joey also has plans to do surveillance regarding which employees attend union meetings so that they can be fired.An announcement will be made to all employees that anyone voting against the union will get a raise.What will you tell Joey about obligations if the union gets elected and whether these other plans are legal? What can Joey expect from the supervisors,some of whom apparently support the union?

A covenant not to compete is a device,ancillary to another agreement (such as an employment contract),that is designed to protect a company's interests.Which of the following would NOT be within the scope of a noncompete clause?

Which of the following statements regarding genetic discrimination by employers is NOT true?

In 1938,the FLSA set the first minimum wage at:

The Patient Protection and Affordable Care Act prohibits insurers from denying health-care coverage or charging higher premiums due to preexisting conditions.

The National Labor Relations Act prohibits employers from discriminating against any employee to encourage or discourage membership in any labor organization.

The WARN act requires employers to give written notice of the plant closing or layoff to each affected employee or representative of each affected employee.

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.

List the factors set forth in the text that may give rise to an implied obligation to discharge the employee only for good cause in jurisdictions recognizing the contract-based implied contract judicial exception to the employment-at-will rule.

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

__________ purport to give an employer the right to recoup some or all of an employee's stock option gain if he or she goes to work for a competitor within a certain period of time following exercise of the option.

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 that preempts states from imposing civil or criminal sanctions on employers hiring aliens other than through licensing or similar laws.

In the Harris v.Quinn case,the State of Illinois attempted to compel __________ chosen by Medicaid to pay their __________ fees to the bargaining representative representing their union.

Which of the following are generally NOT subject to the employment-at-will rule?

Employers must complete a(n)_____ form showing verification of identity and employment eligibility of all persons hired.

Programs in effect in some states requiring employers to pay employees wages approximating the real cost of living in the locality are called __________ ordinances.

Because federal law preempts the area,states have not enacted legislation regarding drug testing of private employees.

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.