Employment Law C233 Exam Questions with 100% Correct Answers

Employment Law C233 Exam Questions with 100% Correct Answers Describe the functions of the U.S. Constitution as it relates to employment law. - answerStatutory laws created by the "law of the land" in the United States. Laws must comply with the Constitution. Summarize the concept of common law. - answerCommon law refers to law created by judicial decision on a case by case basis. Describe the types of employer-employee relationships. - answerAn employee may work for a single employer; on the other hand, an integrated enterprise is one in which the operations of two or more employers are considered so intertwined that they can be considered a single employer for purposes of both federal statutory coverage and liability. Joint employer: two or more entities not engaged in an integrated exercise exert control over an employee, such that each entity may be considered an employer. Note employee and independent contractor below. Describe employee and independent contractor status. - answerAn employee works for another person or company for a wage or salary. In exchange, he/she is under both the protection of and is responsible to that employer to act in the best interest of the company. An independent contractor, on the other hand, maintains much of the control in his situation [control over hours scheduled, the process of the work; financially responsible for his own benefits, workers comp and unemployment; may work for multiple companies at one time; brings his own tools to the job]. There is a written contract that binds the contractor to the employer for a specific time and to complete a particular outcome, usually for a "bulk dollar amount". The IRS has a 20 point test for independent contractor status. Employers cannot treat employees like contractors, nor the opposite. The common law agency test and economics realities tests may also guide status. Differentiate between rights and responsibilities of employers and employees. - answerEmployer Rights: 1. Employees are on time and in attendance (unless ill, leave, etc) 2. Employees are working in the best interest of the employer's goals 3. Employees log hours accurately 4. Employees follow all laws, policies and procedures; including discrimination, harassment 5. Employees add to the health and safety of the workplace 6. Employees keep private the information that should be confidential (coworkers, company secrets, etc) 7. Right to remain a viable business (so undue hardship comes into play, WARN) 8. Right to compete with other companies. Employee Rights: 1. Safe and healthy workplace 2. Pay commensurate with job; paid on time and in legal way 3. Fair treatment 4. Privacy, limited 5. Resources needed to do the job 6. Workplace free of discrimination 7. Knowing where they stand (performance management) 8. Knowing what is expected (policies and procedures, job description, behavior) 9. Most employers, unemployment compensation and worker's compensation coverage. Describe the role of the employee handbook in a legal context. - answerEstablished employer's policies and procedures.Employment at will—some employees have claimed that the handbook creates an "implied contract". It is recommended that there be a statement in the handbook that it is not a contract. Ask employees to sign that they had read and understood, agreeing to it. Second, the newest handbook is the one that "trumps" all others, regardless of which handbook was current when the employee joined the company. There is protection in noting that it is the employee's responsibility to keep an updated copy. If we don't follow our own handbook, it's no protection; follow procedures outlined. Progressive discipline, reserve right to jump steps (employee can claim, "hey, you didn't give me all these warnings and things"; some breaches by the employee should lead to immediate termination). Describe respondeat superior doctrine and the scope of employment. - answerRespondeat superior: employer is only responsible for the employee's actions performed within the scope of employment. Scope of employment: related to the job description, foreseeable by the employer as part of the job [on work time? On work site? suggested by employer? not specifically forbidden] Potential example of how this can seem gray: If you have one work location, employer is not responsible for you during your commute. If you drive from one location to another during the workday, the travel between one and the other location is within the scope of employment. Bottom line: did the action serve the employer's interest? Define employment-at-will. - answerEmployer may terminate an employee at any time, for any legal reason. Employee may leave employment at any time, with or wtihout notice. Three exceptions: implied contract; good faith and fair dealing; public purpose. See Topic 1.5 Define the types of employment contracts. - answerAn explicit contract is an agreement in which the parties state exactly what they agree to do. An implied contract, on the other hand, is a legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee. Third, a union contract is the agreement bargained between the union and management through collective bargaining. Describe employment-law-governing discharge practices that protect the employee. - answer1. Tort claims for wrongful termination 2. Constructive discharge: Employee files a claim stating that the situation in the workplace was so aggregious that he/she was forced to quit. 3. See exceptions to employment at will. 4. If the employer has designed a step by step progressive discipline policy, the employee can reasonably expect the employer to follow it. Steps usually include coaching; verbal warning, written warning, final written warning, suspension, termination. [Recognize as an HR Professional, we are wise to comment in the policy that the employer reserves the right to choose the step in discipline that fits the breach.] 5. Retaliation against an employee who has filed a discrimination claim, workers compensation, ADA or other legal claim is not permitted by US Law. 6. Employers cannot choose to discharge a person for being in a protected class nor for being in a union. Describe the process of an EEOC discrimination claim. - answer1. complainant files charge 2. EEOC notifies employer of the claim 3. Employer responds to EEOC (wise to set forth facts regardless of planned next step) 4. Voluntary choices: mediation, settlement Involuntary choices: EEOC moves ahead with investigation 5. If investigation, EEOC will decide either case had merit or not. If not, case is dismissed. If so, conciliation will be attempted; if unsuccessful, employee can sue in court system. Describe the steps an HR professional would use to determine if a law applies to a workplace scenario. - answer1. Determine if the employer is covered by the law (# of employees, public or private employer, or situation) 2. Determine if the person(s) qualify under the law 3. Review policies and procedures in the employee handbook to determine that your actions align 4. You may confer with your supervisor or legal counsel to ensure there are no precedents set (inside your company and/or in recent case law) Describe the Americans with Disabilities Act (ADA). - answerEmployer Size: 15 or more employees Prohibits discrimination against any qualified person with a disability. "Qualified" relates to person having a disability or a record of disabling condition and that he/she can perform the essential functions of the job with or without a reasonable accommodation. Recommend action steps that comply with the Americans with Disabilities Act (ADA) for a given workplace scenario. - answerHR has shared job description with essential functions. Person may ask for an accommodation or you may be aware that there is a potentially qualified person. Present person with ADA forms he can take to his doctor/psychiatrist. When forms complete, hold an interactive discussion regarding potential accommodations to perform essential functions. Discuss with administration/legal counsel if the requested accommodations are reasonable. Specifically, if reasonable, the job can be done with quality and timeliness, safely for the person with a disability, safely for other workers and without being a financial undue hardship. Document due diligence and keep documents in separate file from the employee's main file. [*Note: Employers do not have to hire a person with a disability if there is a better qualified/more suitable employee without a disability.] Describe Title VII of the Civil Rights Act of 1964. - answerEmployers covered: "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person." The application of Title VII continues for a year after a firm reaches the critical mass of 15 employers, even if the number of employees in the next year falls below the minimum. Title VII also applies to federal, state and local government employers and employment agencies and labor unions. Prohibits