Generally, professionals are exempt from the Fair Labor Standards Act (FLSA) overtime regulations.
Category: Uncategorized
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:
The Age Discrimination in Employment Act (ADEA) allows an em…
The Age Discrimination in Employment Act (ADEA) allows an employer to rebut a prima facie case of age discrimination by identifying any reasonable factor other than age that motivated the decision.
The requirement of reasonable accommodation for a disabled e…
The requirement of reasonable accommodation for a disabled employee means that an employer must create a new job, modify a full-time position to create a part-time position, or modify the essential functions of the job.