HRM 330 final exam review

IRAC and Modules 1-4 quizzes questions and answers

What does IRAC stand for?

Issue, Rule, Application, Conclusion

What is the legal issue in the GSA case?

Does GSA operate a seasonal recreational establishment for the purpose of employing general contractors to perform in-season park maintenance work?

What is the statute related to the GSA case?

29 U.S.C. § 213(a)(3) of the Fair Labor Standards Act

What are the three elements of the recreational establishment rule?

1. Employed by an amusement or recreational establishment 2. Does not operate for more than seven months in any calendar year 3. Average receipts for any six months do not exceed 33 1/3 percent of the other six months

Is the recreational establishment rule an 'and' rule, 'or' rule, or a balancing test?

A mixture of an 'and' and 'or' rule.

What did the court conclude about GSA's operations?

No, GSA does not operate a seasonal recreational establishment.

What is the federal department of labor?

An executive agency run by a presidential appointee.

What happens if a court finds a breach of contract by an employee?

The employee will be required to pay damages reflecting the harm caused by her early termination.

What is not considered an implicit part of an employment contract?

Both employment handbooks and collective bargaining agreements are considered implicit.

What is the legal test for college athletes under the FLSA?

College athletes may be employees when they perform services for another party primarily for that party's benefit, under that party's control, and in return for compensation.

What is the maximum unpaid leave under the Family and Medical Leave Act?

Up to 12 work weeks during any 12-month period.

What would not be an appropriate state law regarding unpaid leave?

A law stating that employers do not have to provide unpaid leave for employees to care for a new adopted child.

What fiduciary duty is implicated when an employee intentionally does a poor job?

Duty of performance.

Can employment contracts be terminated at any time under the employment at-will doctrine?

Yes, regardless of what the individual employment contract says.

When can silence be deemed acceptance of a contract?

When the parties have established a relationship where a contractual relationship is to be expected.

What happens when there is a conflict between federal and state law?

The federal law will control.

What is the liability for a store if an employee negligently causes a customer's injury?

The store will be vicariously liable for the customer's injuries.

What is the liability for the store if an employee intentionally injures a shoplifter?

The store may be liable for the intentional tort of battery.

What is vicarious liability in relation to shoplifting injuries?

The store will be vicariously liable for the shoplifter's injuries if they did not direct employees to avoid taking actions against shoplifters.

Was the employee acting within the scope of his employment when throwing the baseball?

This is a legal issue to be determined under the IRAC approach.

Will the individual's H-3 visa application be approved if training is available in their home country?

No, because training programs are available in the individual's home country, regardless of their quality.

Which category of work visas is not capped per fiscal year?

H-2A visas.

Should in-kind compensation like food and shelter be considered wages?

False, they should not be considered wages.

What is the difference between H-2A and H-2B visas?

H-2A visas are for agricultural workers, while H-2B visas are for non-agricultural workers.

What does the Glatt test distinguish between?

Employees and non-employee interns.

What is the difference between H-visas and L-visas?

H-visas are for temporary workers with specialized skills, while L-visas are for intracompany transferees.

Under what circumstances can immigration document fraud lead to criminal charges?

In cases of consistent immigration document fraud that becomes a pattern of conduct.

What are the two factors at the root of legal tests distinguishing between employees and non-employees?

Right of control and economic reliance.

How does the worker's body factor into the employee test according to the Idaho Supreme Court?

The worker's body cannot be considered major equipment for the job since every worker brings their body to the job.

Why was the visa in Impetus Technologies v. Baran properly rejected?

The employer could not show that the non-citizen would be using specialized knowledge for the job.

How did the Third Circuit respond to the NCAA's amateurism classification in Johnson v. NCAA?

The classification is circular, unpersuasive, and increasingly untrue, and cannot automatically determine that college athletes cannot be employees.

What impact do non-compete clauses have on the Idaho Supreme Court's decision in State v. Skydown Skydiving?

They indicate the degree of control an employer would have over an employee.

What is the minimum hourly compensation for tipped employees in Idaho?

$3.35.

Did the court in Lilley v. IOC-Kansas City allow employers to credit gaming license costs towards minimum wage?

False, they could not credit those costs.

What are 'ban-the-box' laws considered?

A minority rule, as only a smaller fraction of states have adopted them.

What is not true about the federal law HIPAA?

It prevents employers from forcing employees to provide sensitive medical information.

Is the ordinance raising the minimum wage in Boise, ID, to $12.50 legal?

No, it is illegal under Idaho State Law.

Which federal statute requires employers to provide health coverage?

The Affordable Care Act, but only for full-time employees who work more than 30 hours per week.

Can anyone other than the injured employee claim worker's compensation benefits?

False, only the injured employee can claim benefits.

In which situation would a worker not be eligible for paid medical leave under the FMLA?

The premise is incorrect; the FMLA provides for unpaid medical leave.

What is the least amount a university professor can be paid under federal law?

$684 per week.

What is the benefit of positions being exempt from the FLSA?

Exempted positions generally work long or odd hours, and the exemption means overtime does not have to be considered.

How much will a worker receive under worker's compensation in Idaho for the first 52 weeks?

67 percent of the worker's average weekly wage.

What happens to a worker's compensation application if the worker dies from a stroke at work?

The spouse will be eligible for worker's compensation unless the employer shows substantial evidence that the stroke did not arise from employment.

Why was a 35-year-old employee deemed unqualified for a social media position?

Because she was perceived as lacking a good feel for trends affecting the new generation.

What is the eligibility for worker's compensation for an employee's spouse?

The spouse is eligible unless the employer shows substantial evidence that the employee's stroke did not arise from employment.

Is it legal to deny a social media position to a 35-year-old under the Age Discrimination in Employment Act?

Yes, because ADEA only covers discrimination against employees older than 40.

Why do race-based discrimination claims typically fail in casting for movies or television?

Such decisions are protected by the First Amendment.

How are gender identification and sexual orientation treated under Title VII?

They are not separately defined protected classes, but discrimination based on them is considered discrimination based on sex.

What is the least likely to be considered employment discrimination under Title VII?

Refusing to hire an applicant for making social media posts complimentary of Communist ideology.

What does the firing of an employee due to a family member's genetic condition violate?

It violates the Genetic Information Nondiscrimination Act.

What is the likely outcome of complaints filed by two employees facing discrimination?

Both complaints will be upheld.

Which type of employment discrimination claims would be affected by evidence of 'mixed motives'?

Age discrimination.

Is the firing of an employee for military service discrimination?

Yes, based on the CREW Act of 2022.

Which statute covers an employer with 8 full-time employees?

The Idaho Human Rights Act.

What is a potential defense for an employer against an Equal Pay Act claim?

The employee does not perform equal work as her coworkers in the higher paying sales position.

How does the job description requirement affect the employee's Title VII claim?

It doesn't, as her claim is based on disparate impact, not disparate treatment.

How can the job description requirement serve as a defense in a Title VII claim?

It can be part of the Business Necessity Defense if it relates to an essential responsibility of the job.