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BLAW final
| Question | Answer |
|---|---|
| Sally need surgery and must take off for work. Which federal law applies? | FMLA |
| Under FMLA, Sally may be off for how many weeks and what is the legal obligation of the employer upon her return to work? | 12 weeks, guarantees job safety |
| How many months and hours must Sally work to be eligible for FMLA? | 1250 hours within 12 months |
| How many employees is required for FMLA to apply? | 50+ employees within 75 mile radius |
| Where does the employee file a complaint? | Dept of Labor |
| What federal law applies to race, religion, sex, national origin discrimination? | Title VII |
| How many employees are required to follow Title VII? | 15 + |
| What federal law applies to minimum wage/overtime? | Fair Labor Standards Act |
| How long does an employee have to file a complaint under FLSA? | 2 years |
| WhatTN law applies to age, race, sex, national origin and religion discrimination? | TN Human Rights Act |
| How many employees are required for TN HRA? | 8+ |
| Where does an employee file a complaint under TN HRA? | TN Human Rights Commission |
| What federal law applies to age discrimination? | ADEA |
| How many employees are required for ADEA? | 20+ |
| What is the weekly amount required to be exempt from overtime? | $684 per week |
| What is the other requirement to be exempt from overtime? | primary duty of management |
| Which family members can you take leave for under FMLA? | you, parent, spouse, children |
| Joe works 50 hours. As the owner, you want to comp the 10 hours to be used in the future. Is this legal? | no you must pay employee for this time |
| Jane fires Sam because she is prejudice against men. There are 2 general types of discrimination cases. What type is this? | Disparate treatment |
| Where do you file a sexual harassment claim? | EEOC |
| TN workers comp law- how many employees? | 5+ |
| One requirement for an injury to be covered under workers comp law is | performing job duties and in course of employment |
| Christian Bible bookstore requires salespeople to be Christian. This is justifiable, what is this defense called? | Business necessity |
| Ann's Day Care refuses to hire anyone over 5 feet tall. What type of discrimination is this? | Disparate impact |
| Joe asks for a copy of his personnel file. What is your legal obligation? | not required to provide the file |
| Joe has restrictions that he cannot lift over 50 lbs which he does once in a while at work. Joe must be able to perform the _______ of his job. | essential functions |
| What law applies to Joe | ADA |
| Sam requires all job applicants to give him their passwords to social media so he can check what applicants have posted. Can he do this? | illegal because of the TN online privacy act |
| What section of OSHA says you must have a safe workplace? | Section 5a |
| How many employees must a company have to be required to pay an employee for jury duty? | 5+ |
| How many employees for Pregnant Workers Fairness Act? | 15+ |
| What is the employer's obligation under Pregnant Workers Fairness Act? | accommodations |
| How works for Pizza. While delivering pizzas, Joe's car hits Sally, Sally sues Pizza. What is the legal term for when a company is held liable for its employees? | respondent superior |
| You want to run background and credit checks on applicants. What is required? | employees must sign a document to allow this |
| Sally's boss tells her if she will go to a wedding with him, he will give her a raise. This is called ______ sexual harassment. | quid pro quo |
| Jane decides to dye her hair green and her private employer fired her, does she have a claim? | No a private company can fire her for her hair color |
| Joe reports his employer to the IRS for falsifying documents. Joe is fired. What is this claim? | whistle blowing |
| Jane signs a mandatory arbitration employment contract where she agrees that any employment claim including wages, sexual harassment, and discrimination will go in front of an arbitrator. is this legal? | Sexual harassment cannot be in a mandatory arbitration |
| Jane works for Sally's restaurant. Under the sexual harassment policy, employees must report SH to the owner. Jane reports SH to the owner and he immediately fires Joe and investigates. Does Jane have a claim? | No because the policy was followed by her and the owner. |
| How many hours do you work before entitled to break and how long is the break? | every 6 hours you get a 30 minute break |
| Joe is fired for being absent from work. Can he get unemployment? | No fired for absence makes you ineligible for unemployment |
| Joe is fired for his job performance. He made a mistake at work. Can he get unemployment? | Yes he can get unemployment |
| Under USERRA/ Military Reemployment Act, what are the employer's obligations when one of its employees is deployed? | Job is kept open |
| Joe works from 7am-7pm on Election Day. Joe's employer must allow him off from work up to ___ hours to vote. | he can have that day off |
| City council meetings and other government agencies that make decisions must be open to the public. What is this called? | Sunshine law |
| Your employer filed for unemployment, and you want to get all of the documents filed in that claim. What law would you use to get those documents? | Freedom of Information Act |
| Stanley Ladder has software that monitors the company computers and fires all employees who are on personal sites. Is this legal? | Yes, no right to privacy with a private employer |
| This is the legal factor used in determining if an individual is an employee or an independent contractor. | level of control |
| Name the 2 requirements of a prima facie case. | member of a protected class and adverse job action |
| Name the 2 type of cases that fall under strict liability | Abnormally dangerous animals and activities |
| In strict liability cases ___ does not matter | fault |
| Joe's car is hit by Amanda's car. Joe suffers whiplash. While waiting for a tow truck, Candice is texting and runs into Joe Beverly injuring him. What defense will Amanda use? | Superseding intervening cause |
| Sam goes to the golf course and is hit by a golf ball. If Sam sues the gold course, what defense will the golf course use? | assumption of risk |
| Joe's car is hit by Amanda's car. Joe suffers whiplash. While waiting for a tow truck, Candice is texting and runs into Joe Beverly injuring him. What defense will Amanda use? | Superseding intervening cause |
| Sam goes to the golf course and is hit by a golf ball. If Sam sues the gold course, what defense will the golf course use? | assumption of risk |
| John is not wearing his seatbelt. Amanda runs into John's care and John goes through the windshield. The jury assessed 30% fault to John. What is this defense called? | comparative negligence |
| Joe's car is hit by Amanda's car. Joe suffers whiplash. While waiting for a tow truck, Candice is texting and runs into Joe Beverly injuring him. What defense will Amanda use? | Superseding intervening cause |
| What are the elements of negligence? | Duty of care, breach of duty, foreseeability, and injury or damages |
| Sam goes to the golf course and is hit by a golf ball. If Sam sues the gold course, what defense will the golf course use? | assumption of risk |
| John is not wearing his seatbelt. Amanda runs into John's care and John goes through the windshield. The jury assessed 30% fault to John. What is this defense called? | comparative negligence |
| What type of product defect was the McDonald's and Lawn Dart cases? | design defect |
| What are the elements of negligence? | Duty of care, breach of duty, foreseeability, and injury or damages |
| Ruth carelessly parks her car on a hill, the car rolls down and knocks down an electrical line. The sparks ignite and start a grass fire which leads to a warehouse full of TNT, it explodes injuring Jim. What type of negligence is this> | Foreseeability |
| It is believed that Nancy shoplifted. She is detained for 10 hours. Nancy may have a lawsuit for what? | false imprisonment |
| Joe runs a red light. What type of negligence is it called when you break a law? | negligence per se |
| Tom borrows a laptop from John and never returns it. John sues Tom for the value of the laptop. This is called what? | conversion |
| You must file a personal injury lawsuit within one year. What is this called? | Statute of limitations |
| If a defective product is 10 years old, the lawsuit is barred. What is this called? | statute of repose |
| What type of product defect was the McDonald's and Lawn Dart cases? | design defect |
| If Manufacturer A sold 20% of RX on the market, then Manufacturer A is responsible of paying 20% of the Plaintiff's damages. What is this called? | market share liability |
| What is tort reform? | caps on personal injury winnings in lawsuits |
| Ruth carelessly parks her car on a hill, the car rolls down and knocks down an electrical line. The sparks ignite and start a grass fire which leads to a warehouse full of TNT, it explodes injuring Jim. What type of negligence is this> | Foreseeability |
| If Manufacturer A sold 20% of RX on the market, then Manufacturer A is responsible of paying 20% of the Plaintiff's damages. What is this called? | market share liability |
| Joe runs a red light. What type of negligence is it called when you break a law? | negligence per se |
| What is the jury told about tort reform? | Caps aren't disclosed |
| You must file a personal injury lawsuit within one year. What is this called? | Statute of limitations |
| Jane owns Jane's Fitness. Sally posts a pic of herself in from of the building on Instagram. Jane "copies" the picture and uses it on her business website. Name one violation of law. | copyright and right to privacy |
| If a defective product is 10 years old, the lawsuit is barred. What is this called? | statute of repose |
| How long after death does their estate have right to privacy (their likeness) | 10 years unless you're famous |
| At Nabisco, an employee accidentally uses a batch of old eggs. What type of product defect is this? | manufacturing defect |
| What is tort reform? | caps on personal injury winnings in lawsuits |
| If Manufacturer A sold 20% of RX on the market, then Manufacturer A is responsible of paying 20% of the Plaintiff's damages. What is this called? | market share liability |
| What is the jury told about tort reform? | Caps aren't disclosed |
| Jane owns Jane's Fitness. Sally posts a pic of herself in from of the building on Instagram. Jane "copies" the picture and uses it on her business website. Name one violation of law. | copyright and right to privacy |
| Gladwrap and Coppertone-what type of trademarks are those? | suggestive mark |
| How long after death does their estate have right to privacy (their likeness) | 10 years unless you're famous |
| Holiday Inn and Vision Center - what type of trademarks are these? | descriptive mark |
| The Down's case is an example of this type of unintentional tort. | negligence |
| Amazon and FedEx - what type of trademarks are these? | service mark |
| _______ is a source identifier. It is the name, symbol that identifies the product's source or company | trademark |
| What is copyright | exclusive rights to creative works |
| How long does an author get protection for copyright? | life + 70 years |
| How long does trademark protection last? | indefinite, but it needs to be renewed |
| Gladwrap and Coppertone-what type of trademarks are those? | suggestive mark |
| Holiday Inn and Vision Center - what type of trademarks are these? | descriptive mark |
| Amazon and FedEx - what type of trademarks are these? | service mark |
| Name the ways you can get trademark protection. | be the 1st to register or the 1st to have a mark in commerce geographically |
| Aspirin is a generic trademark. What does generic mean? | diluted to no just that brand, loses the source identifier |
| Sally starts selling crackers in the shape of a goldfish. The shape is protected by Pepperidge Farm because the shape is an example of _____. | trade dress |
| A company begins producing a soft drink named "Koke" Coca Cola files a trademark infringement lawsuit. What is the standard for determining trademark infringement? | likelihood of confusion |
| How long do you get protection for a patent? | 20 years |
| You work for Disney and create a cartoon. Who owns the copyright for the cartoon? | Disney |
| Jane hooks up her phone and plays personal music over speakers while at work. What is wrong with this scenario? | It is not legal because of Fair Use Doctrine |
| Stu buys a book and resells that book at a flea market. This is legal. What is this called? | For Sale Doctrine |
| A professor shows a clip from a documentary which is legal under what doctrine? | Fair Use Doctrine |
| Name the governmental agencies which enforce antitrust laws. | Dept of Justice and Federal Trade Commision |
| Amazon and Whole Foods plan to merge. What law pertains to mergers? | Clayton Act |
| What law pertains to monopolies? | Sherman Act |
| Apple and other publishers fixed the price of e-books. This violates what law and section? | Sherman Act Section 1 |
| What law prohibits the payment of bribes to foreign officials (government) to assist in obtaining a business advantage not otherwise available to other companies? | Foreign Corrupt Practices |
| _________- looks at how that decision affects the rights of others. | Principle of Rights |
| _______ ethics- weighing the costs of a given action against the benefits of the action | cost-benefit analysis |
| All governmental agency meetings in which decisions are made must be open to the public. This is called what? | Sunshine Law |
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