Quiz 33: Labor and Employment Law


Employment at will can be explained as a common law doctrine as whichever of the party involved can finish an employment association irrespective of the cause and at any given time except in the case, when doing so would lead to the breaching of an employment agreement. The exceptions in the doctrine are based in few cases that have been mentioned below: • Exceptions that are actually based on contract theory: according to the court law a contract on 'implied employment' will always exist between a principal (employer) and an agent (employee). • Exceptions that are completely based on the trot theory: activities based on the illegal discharge can actually be raised in a case where an employee has been discharged; this can happen under the trot theories. • Exceptions that are formed according to the public policies: this exception is known as a very frequent exception and it is completely dependent on the policies that are formed by the public opinion.

Company C is thinking of the Fair Labour Standard act. As per the act, any employee working in excess of forty hours a week is entitled to a payment 1.5 times of their normal compensation. However in the present case the non-union employees are proposing to work ten hours a day four days in a week according to which they are not entitled to the payment as their work hours will not be in excess of the limit provided by the law.

(a)No , since the employee was a travelling salesperson. The employees under salespersons' category may be able to overstate their on-field job and earn more than a specified salary threshold. Further, they may also use some percentage of their work time to perform certain other personal duties. (b)The Family and Medical Leave Act requires the an employee to an employer with fifty or more than workers can take unpaid leaves up to twelve weeks during a period of twelve-month. In this case, since the employer has sixty three employees, the employer could take unpaid leaves up to twelve weeks to take care of his injured spouse. (c)An employer may be allowed to take a polygraph test of its employee if • it is a federal, state or local government employer • it is a security firm • it is a manufacturer of distributor of controlled substances • it has suffered losses due to theft of goods or firm's secrets. (d)An employee main continue to his previous position when he returns to work after leave. However, the employee has worked for less than year for the company before his spouse suffered a head injury and he went for medical leave to take care of her. He joined in June 2007 and went for leave from August 2007 to December 2007. Thus, the employer may be allowed to avoid reinstating such a newly hired employee.

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