REVIEW SCRIPT 2026 TESTED ANSWERS
GRADED A+
● WARN (Worker Adjustment and Retraining Notification Act). Answer:
Only applies to employers w/ more than 100 employees. WARN act
requires that employer give
employees either a 60 day notice of either a reduction of intent to close,
or if 60 days is not provided, to provide the equivalent in pay for 60 days
employment. Required if it would dismiss over 50 employees in a 30
day period. Mass layoff = 500 employees laid off over 30 day period.
(half time workers excluded)
2 exceptions:
1) prove they were seeking alternative capital import or business that
would avoid or postpone the shutdown, and that giving notice would
interfere w/ ability to raise capital,
2) Business circumstance is not reasonably foreseeable, if closing is not
foreseeable, than business doesn't have to give 60 day notice.
● National Labor Relations Act. Answer: A 1935 law which guarantees
workers the right of collective bargaining and set down rules to protect
unions and organizers, and created the National Labor Relations Board
to regulate labor-management relations.
, ● Pregnancy Discrimination Act. Answer: An amendment to the civil
rights, this act prohibits employers from excluding employment
opportunities of any applicant or employee because of pregnancy or
related conditions.
● IRCA. Answer: 1986) Immigration Reform and Control Act -offered
amnesty to approx. 3.7 million undocumented immigrants who had
continuously resided in the U.S. since before Jan. 1, 1982; made it
illegal for employers to knowingly hire undocumented workers; failed to
solve the problem of undocumented immigration
● Independent Contractor. Answer: A person who performs services for
another according to her or his own methods, under an express or
implied agreement and who is not subject to the other's control, or right
to control. Must pay taxes on his or her own. Not protected by Title VII
or NLRA. Company liable in tort for higher amounts than worker's
comp.
● Employee. Answer: Employer must pay Social Security (FICA),
Federal withholdings, state taxes, etc. NLRA protects against unfair
labor practices and Title VII protects against discrimination. Have
worker's compensation (Lemmerman v. Williams Oil
● vicarious liability. Answer: Employer-Employee: Frolic and Detour.
employer is vicariously liable for employees torts committed within
scope of employment.