The Americans with Disabilities Act (ADA) prohibits discrimination against anyone who “made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing”; interference, coercion, and intimidation are similarly forbidden.
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While employers may actually bargain about other matters (pe…
While employers may actually bargain about other matters (permissive subjects), only a refusal to bargain about mandatory subjects of bargaining may form the basis of an unfair labor practice.
Generally, professionals are exempt from the Fair Labor Stan…
Generally, professionals are exempt from the Fair Labor Standards Act (FLSA) overtime regulations.
Persons in two specific occupations, police officers and sch…
Persons in two specific occupations, police officers and schoolteachers, can be subject to mandatory retirement.
In the event of a state child labor law being stricter than…
In the event of a state child labor law being stricter than the federal law, the federal law supersedes the state law.
Before the passage of the Occupational Safety and Health Act…
Before the passage of the Occupational Safety and Health Act (OSHA), an employer could have tried to escape liability for an unsafe workplace by showing that the negligence of one employee caused injuries to another employee. Which of the following defenses would the employer try to assert?
Among other things, the OWBPA concerns the legality and enfo…
Among other things, the OWBPA concerns the legality and enforceability of early retirement incentive programs (called “exit incentive programs” in the Act) and of waivers of rights under the ADEA,
The prima facie case of defamation requires that a false sta…
The prima facie case of defamation requires that a false statement to be made intentionally to a third party without an employee’s consent, which results in harm to the employee defamed, and the false statement must have been made for financial gain.
Title VII (of the Civil Rights Act of 1964) requires employe…
Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee’s religious practices and beliefs:
An employer is deemed to have had constructive knowledge, as…
An employer is deemed to have had constructive knowledge, as opposed to actual knowledge, of a recognized hazard if the: