The size of an employer’s workforce is one of the factors considered when determining whether the employer has successfully borne the burden of reasonably accommodating an employee’s religious conflict.
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Unfair labor practice strikers are not entitled to immediate…
Unfair labor practice strikers are not entitled to immediate reinstatement by the employer upon their unconditional offer to return to work.
The Family and Medical Leave Act (FMLA) guarantees employees…
The Family and Medical Leave Act (FMLA) guarantees employees who have been on the job at least a year up to 12 weeks of unpaid leave per year for a birth; an adoption; or care of sick children, spouses, or parents (or their own serious illness) and the same or an equivalent job upon their return.
An employer may use the greater hazard defense to an Occupat…
An employer may use the greater hazard defense to an Occupational Safety and Health Act (OSHA) violation:
Bob, aged 63, was a manager at the Grizzly Furniture Corp. H…
Bob, aged 63, was a manager at the Grizzly Furniture Corp. His supervisor, Mary, frequently made derogatory age-related comments about Bob to other workers. Mary encouraged Bob’s co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Bob filed a complaint under the Age Discrimination in Employment Act against Mary. In this case, Bob can make a prima facie case for _____.
Generally, unpaid internships are a smart tool for the emplo…
Generally, unpaid internships are a smart tool for the employer to use as a trial period for individuals seeking employment at the conclusion of the internship period.
Bob worked for Stork Delivery Service for 35 years. His job…
Bob worked for Stork Delivery Service for 35 years. His job included loading trucks, driving trucks to residential and commercial locations, and handing over items to the recipient. He is 60 years old and was fired recently. He claimed age discrimination under the Age Discrimination in Employment Act (ADEA). Stork Delivery Service will prevail if it can show that:
Mary, who works as a taxicab driver for Yellow Dog Cabs, is…
Mary, who works as a taxicab driver for Yellow Dog Cabs, is paid on an hourly basis. She makes less than $20,000 a year and regularly works 10 to 15 hours overtime per week. She, however, is not paid for overtime and she received very few tips. Which of the following is most likely to be true in this case?
The issue of the level of risk the disabled employee poses t…
The issue of the level of risk the disabled employee poses to himself/herself or to others is crucial to the determination of whether the applicant is “otherwise qualified” for the position.
The union shop agreement clause requires all employees of th…
The union shop agreement clause requires all employees of the bargaining unit to pay union dues, whether they are union members or not.