Employment Law 2

Front 1

the person who complains of discrimination and the close associates of that person (here, her fiance) are protected by Title VII

Back 1

Thompson

Front 2

general rule that at-will employees may be terminated “even for cause morally wrong, without being thereby guilty of legal wrong”

Back 2

Brockmeyer, qtd in Bammert

Front 3

8 yr. old slips--mom’s boss gave him a dollar for doing odd jobs around the store

Back 3

Lemmerman

Front 4

general common law of agency

Back 4

Darden

Front 5

Referrals can create liability:

Intentional Misrepresentation

Negligent Misrepresentation where there is as duty to supply correct info.

Back 5

Kadlec Medical Center

Front 6

A psychological examination is not an “unreasonable search” in violation of 4th Am.

Back 6

Greenawalt

Front 7

Factors in discerning between e'ees and contractors.

Back 7

[COSINN M]:
■ more independence, less subjection to alleged employer’s Control,
● fact that one works at home is not dispositive.
■ Opportunity for profit/loss depending on managerial skill,
■ special Skills,
■ Investment in equipment or materials required for the task,
■ Non-permanent working relationship with alleged employer
■ Non-integral participation in alleged employer’s business.
■ Multiple contracts

Front 8

Basic rule for whether activities count as "work" for FLSA purposes.

Back 8

Under the Portal-to-Portal Act and IBP, Inc. v. Alvarez, the continuous workday rule provides that everything between commencement and completion on the same workday of an e'ee's principal activities, including any activity that is "integral and indispensable" to the business, is "work."

Front 9

Formula for OT Pay

Back 9

1.5H * (hourly wage + non-discretionary bonuses)

Front 10

COBRA

Back 10

All e’ers w/ more than 20 e’ees have to keep covering former e’ees and their plan beneficiaries for 18 months unless fired for gross misconduct. E’er must give notice of COBRA rights w/in 14 days of learning about a qualifying event, and must give notice to spouse of e’ee as well. McDowell.

Front 11

FMLA

Back 11

E’ers w/ 50 or more e’ees w/in 75 miles must give 12 work weeks of protected unpaid leave to each e’ee who has worked 1 year and 1,250 hours if the e’ee himself or a family member requires care for a qualified health condition.

Front 12

Under FMLA, and e'er who learns of a qualified medical condition must . . . (notice).

Back 12

must give notice of FMLA rights w/in 5 days of learning of the condition.

Front 13

Under FMLA, e'ee must give . . . (notice).

Back 13

30 days notice if foreseeable, or w/in 2 days of learning of the need.

Front 14

PDA says that...

Back 14

Pregnant e’ees must be treated the same as non-pregnant e’ees similar in their ability or inability to work.

Front 15

Under PDA / Title VII, it is not enough to show that the e'er could have made more concessions. You must show that e'er treated e'ee differently than other similar e'ees.

Back 15

Lang.

Front 16

The ADA:

Back 16

Must be a physical or mental impairment that substantially limits one or more of the major life activities of the individual; e’ee must be able to perform the essential functions of the job, w/ or w/out reasonable accommodations; e’ee must request accommodation; e’er must provide accommodation if e’er may do so w/out undue hardship. “Interactive process.”

Front 17

Main defense to ADEA

Back 17

RFOA

Front 18

Liability waivers under ADEA for mature e'ees.

Back 18

release forms must be knowing and voluntary and need certain language including disparate impact chart, and they have 21 days to consider (waivable) and 7 days to revoke (nonwaivable)

Front 19

Title VII applies to which businesses?

Back 19

15+ e'ees.

Front 20

Daubert factors

Back 20

Testable?

Peer reviewed?

Rate of error?

Standards or controls?

Methodology generally accepted by scientific community?

Front 21

Harassment is actionable when it is...

Back 21

sufficiently severe or pervasive to alter the conditions of their employment and create an abusive work environment.

Front 22

To prevail in a constructive discharge action, a pl. must show that ...

Back 22

the abusive work environment became so intolerable that her resignation qualified as a fitting response.

Front 23

Affirmative defense for constructive discharge:

Back 23

Faragher/Ellerth defense: 1) effective policy in place for preventing and promptly correcting such harassment; 2) pl. unreasonably failed to avail herself of it.

Front 24

Elements in tort of intrusion:

Back 24

1) e’er intrudes in a way contrary to e’ee’s reasonable expectations of privacy

2) intrusion is highly offensive to a reasonable person

Front 25

Factors in determining whether an implied contract exists

Back 25

employer’s policies

e’ee’s longevity of service

actions/communications by e’er

industry practice

Front 26

E'ee manuals may be enforced against e'ers unless they include a clear disclaimer.

Back 26

Woolley

Front 27

constitutional right to possess guns does not trump e’er’s right to regulate work environment, and prohibit guns in the parking spaces they owned

Back 27

Hansen v. AOL

Front 28

guy left armored truck to save a lady threatened at knife-point

Back 28

Gardner

Front 29

EEOC Best Practices

Back 29

ABI-IT-DR

no Arrests

no Blanket exclusions

Individualized assessment

Inquiries abt. convictions narrowly tailored (type and duration)

Record

Front 30

Retaliation Cases

Back 30

Nassar, Burlington, Thompson, Bammert