LAW EXPLORE 147 TIPS AND TRICKS
COMPREHENSIVE STUDY GUIDE 2026 FULL
QUESTIONS AND SOLUTIONS GRADED A+
◍ Explain the fundamentals of discrimination based on age..
Answer: Age Discrimination in Employment Act was established to prohibit
discrimination against people over 40 years of age in any tangible
employment action. 20 employees in the business for the employer to be
covered. Discriminatory to choose someone under 40 versus someone over
40 merely because of age or assumptions based on age. May also apply if
both individuals are over 40 but significantly separate in age [41 versus 56,
for example]. See exceptions below.
◍ Intrusion Upon Seclusion.
Answer: Intentional, offensive invasion of another's personal affairs without
lawful justification
◍ Describe the following strategies to resolve labor disputes: Strikes.
Answer: a mass work stoppage; economic strikes (used to pressure
management into conceding to compensation demands) and ULP strikes
(employer committed ULP) are lawful. Wildcat strikes, in which employees
stop work without the union's permission, are illegal.
◍ Which two employer actions are violations of the Age Discrimination in
Employment Act (ADEA)?Denial of promotions to workers over age 50
and...Section 1 - Lesson 13.
Answer: Mandatory retirement for workers over age 55
◍ Mass Layoff under WARN.
, Answer: The termination of a large number of employees by an employer,
typically resulting from business closure or reduction in workforce, as
defined by the Worker Adjustment and Retraining Notification (WARN)
Act.
◍ An employee requests a schedule change to accommodate his religious
practices. According to Title VII, which action is considered an undue
hardship for the employer?.
Answer: Mandating that other employees change their schedules against
their objections.
◍ What action by an employee are protected by qualified privilege?Section 1.
Answer: Sending comments about an employee's performance through
company email
◍ WPA.
Answer: Whistleblower Protection Act
◍ Which type of employment contract is created by the actions of the
employer and employee rather than through a formal contract negotiation?.
Answer: Implied
◍ Tortious interference of contract.
Answer: Involves the intervention of third parties in hiring or termination
decisions where contracts, malicious intent, and damages are present.
◍ Major Life Activity defined by ADA.
Answer: Basic activities such as walking, seeing, hearing, or learning, which
may be limited by a disability under the Americans with Disabilities Act
(ADA).
◍ NLRB.
Answer: National Labor Relations Board A federal administrative agency
that administers the provisions of the NLRA.
◍ Describe the Labor Management Relations Act (LMRA), also known as the
Taft-Hartley Act, of 1947..
, Answer: Pro-employer law which: 1. Curbed unions overreaching or shift
some of the power back to the employer; 2. Forbade Unions from using
unfair labor practices, for example unions cannot coerce or discriminate
against non-union members; 3. Outlawed the closed shop (shop that made
union membership a condition of employment). Let employers take back the
right to hire. 4. Prohibited wildcat strikes (those not authorized by the
union); Further, the "right to work" provision was established, states that
had right to work laws had to be honored. The state law prohibits employees
to be required to join a union. Gives the employee the choice.
◍ Due Process.
Answer: The administration of justice according to established rules and
principles
◍ An airline is concerned about declining cognitive ability in older pilots and
wants to create a new policy that focuses on recruiting younger pilots and
exiting older pilots out of the company. Which policy should the airline
use?.
Answer: Mandatory retirement for pilots at 65 years old
◍ What determines employer liability under the respondeat superior doctrine?.
Answer: The scope of employment
◍ Define the Fair Labor Standards Act (FLSA) and its main parts..
Answer: FLSA established minimum wage, overtime pay, record keeping,
and youth employment standards affecting full-time and part-time workers
in the private sector and in Federal, State, and local governments. For added
detail: 1. Set overtime pay at 1.5 times the usual hourly wage for
non-exempt employees for hours worked over 40 in a week 2. Defined
exempt and non-exempt standards; general exemption is established by high
degree of responsibility, supervises at least 1 person and uses
judgment/decision-making in role 3. Child labor laws may restrict hours and
times of day for work, varying by age and during/outside of school year
◍ Executive Employee under FLSA.
Answer: An employee who meets certain criteria related to their job duties