Posted by nicole on Saturday, February 11, 2012 at 2:58am.
1. Regulations governing the employer-employee relationship are based on agency law and failure of an employee/agent to act according to the employer's instructions could result in liability for the employer.
2. Misclassification of employees as independent contractors can result in liability under the Fair Labor Standards Act of 1938.
3. Colton Manufacturing shut down 3 manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their right to continue to receive health insurance coverage through COBRA for eighteen months. Colton has no further liability to its former employees.
4. Hannah Bing was hired by Friendly Catering Company. The employee handbook stated that employees would only be terminated for good cause. Hannah was fired and replaced by her supervisor's niece. Hannah cannot file a wrongful discharge lawsuit against Friendly Catering Company because she is an employee-at-will.
5. Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer's promise to her detriment.
6. Major Tire Company's plant in Charleston, South Carolina was destroyed when Hurricane Hazel hit the coast. The company officially closed the facility after reviewing the damage and terminated all 500 workers. The company did not give the employees 60 days notice, and it is liable under the WARN Act.
7. Under the economic realities test, courts consider whether the worker is economically dependent on a particular enterprise or works for himself or herself.
8. A signed agreement between a company and a worker that specifically states that no employee–employer relationship exists will be controlling in the event of a legal dispute over whether the worker is covered by the National Labor Relations Act.
9. The amount of compensatory damages that can be awarded in Title VII cases are capped based on the size of the employer. However, there is no cap on the amount of attorney fees that can be awarded to the successful party.
10. Marco provides accounting services to the Consolidated Bank as an independent contractor. Marco must pay his own Social Security (FICA), FICA excise, and federal unemployment compensation (FUTA), taxes. However, Consolidated is responsible for federal and state income tax withholdings.
11. The Wonder City Restaurant uses a staffing firm to obtain temporary workers. After the staffing firm sent over a temporary hostess, Wonder asked the firm to replace her with someone of another race. If the hostess who was replaced proceeds with a Title VII claim, Wonder cannot be liable because the temporary hostess was never its' employee.
Title VII of the Civil Rights Act of 1964
True and FalseQuestions
1. The 1964 Civil Rights Act was passed the year after the historic March on Washington led by the late Rev. Dr. Martin Luther King, Jr.
2. An employee may file a lawsuit against his/her former employer even if the EEOC did not find justification for the claim of discrimination.
3. When an employee alleges that the employer treated him/her differently because of the employee's race, religion, gender, color or national origin, the employee is using the disparate treatment theory of discrimination.
4. An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act by offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party.
5. Harassment claims are afforded a more flexible statute of limitations period than other forms of discrimination.
6. Federal employee claims of discrimination are filed through the EEOC.
7. U.S. citizens employed outside the U.S. by foreign employers are protected against workplace discrimination by Title VII.
8. If Sally's employer subjects her to more severe discipline for an act of misconduct than a similarly situated fellow employee not in her protected group for the same act of misconduct, Sally is being subjected to disparate treatment discrimination.
9. The Pregnancy Discrimination Act of 2007 expanded Title VII's coverage by adding discrimination on the basis of pregnancy as a type of gender discrimination.
10. Questions asked during idle conversational chat during preemployment interviews or included on job applications may unwittingly be the basis for Title VII claims of disparate impact.
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