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D352 Key Questions
key d352 questions
Course
employment and labor law (D352)
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Western Governors University
Academic year: 2024/2025
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D352: Employment and Labor Law Key Questions
Section 1 (56% of OA)
1) Explain how common law is created as well as workplace actions that could support a tort action
by an employee.
2) Describe how public employees’ right to privacy is protected differently than private employees.
3) Explain mediation.
4) Explain arbitration.
5) What does the term “Employee at Will” mean?
6) Thoroughly discuss the exceptions to “Employment at Will.”
7) What is an implied contract and how does an implied contract get created in the workplace?
8) What is a workplace tort?
9) What is important for an employee to show when making a claim of defamation?
a. Explain the two types of defamation.
10) Explain the Immigration Reform and Control Act’s main provisions.
11) What is Equal Employment Opportunity?
12) What duties does the Equal Employment Opportunity Commission perform?
13) What does Title VII of the Civil Rights Act cover?
14) What is disparate treatment?
15) What is disparate impact and how do we calculate it?
16) Define prima facie.
17) Describe Bona Fide Occupational Qualification (BFOQ) and provide an example of a BFOQ.
a. What is not permitted to be used as a basis for a BFOQ?
18) Explain content validity.
19) Explain construct validity.
20) How is criterion-related validity different from content and construct validity?
21) What is affirmative action?
22) Explain the Equal Pay Act.
23) Describe the Pregnancy Discrimination Act.
24) Describe the Americans with Disability Act.
25) Describe the Age Discrimination in Employment Act.
26) What is the Family Medical Leave Act (FMLA)?
27) What qualifies an employee for FMLA?
28) Explain a reasonable accommodation and provide two examples of reasonable accommodations
that may occur in the workplace. Provide one example of a reasonable accommodation request
that may not be deemed reasonable and explain why it is not.
29) Explain why a company may choose to use independent contractors instead of hiring additional
employees.
a. Why is it important that employers correctly classify workers as either contractors or
employees?
30) Explain the following torts:
a. Tortious Interference with a contract.
b. Retaliatory demotion.
c. Wrongful discharge.
d. Theft of trade secrets.
31) Describe Title VII to include the five bases of coverage and examples of discriminatory actions for
each.
Section 3 (24% of OA)
1) What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
2) What is the Worker Adjustment and Retraining Notification (WARN) Act?
3) Describe the Occupational Safety and Health Act (the OSH Act)?
4) What are the two goals of the OSH Act?
5) What agency was appointed based on the OSH Act? What are its main functions?
6) Describe the Fair Labor Standards Act (FLSA).
a. How can an employer protect itself from FLSA claims regarding overtime? (Be sure to
address the workweek, the difference between exempt and non-exempt workers, the
Portal-to-Portal Act, and the use of compensatory time here.)
b. How can an employer protect itself from FLSA claims regarding child labor? (Be sure to
address hazardous occupations and hour limitations based on age here.)
c. How can an employer protect itself from FLSA claims regarding minimum wage? (Be sure
to address opportunity wages, tipped workers, and piecework pay here.)
7) Name the categories of exempt workers under the FLSA. (Hint: there are six.)
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D352 Key Questions
Course: employment and labor law (D352)
10 Documents
Students shared 10 documents in this course
University: Western Governors University
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D352: Employment and Labor Law Key Questions
Section 1 (56% of OA)
1) Explain how common law is created as well as workplace actions that could support a tort action
by an employee.
2) Describe how public employees’ right to privacy is protected differently than private employees.
3) Explain mediation.
4) Explain arbitration.
5) What does the term “Employee at Will” mean?
6) Thoroughly discuss the exceptions to “Employment at Will.”
7) What is an implied contract and how does an implied contract get created in the workplace?
8) What is a workplace tort?
9) What is important for an employee to show when making a claim of defamation?
a. Explain the two types of defamation.
10) Explain the Immigration Reform and Control Act’s main provisions.
11) What is Equal Employment Opportunity?
12) What duties does the Equal Employment Opportunity Commission perform?
13) What does Title VII of the Civil Rights Act cover?
14) What is disparate treatment?
15) What is disparate impact and how do we calculate it?
16) Define prima facie.
17) Describe Bona Fide Occupational Qualification (BFOQ) and provide an example of a BFOQ.
a. What is not permitted to be used as a basis for a BFOQ?
18) Explain content validity.
19) Explain construct validity.
1
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