Exam 2 Review!

Something the Fair Labor Standards Act (FLSA) does NOT regulate

Requirement that a plaintiff must take reasonable steps to minimize harm following a contractual breach

Requirement that you must file a lawsuit within a certain amount of time after the alleged injury

To win an intentional tort lawsuit, you must prove proximate causation

Characteristic that Title VII does NOT protect

When someone fails to act as a reasonable person would under the circumstances

Rule that you can file your lawsuit in federal court if it is based on a federal law

Law that prohibits union security agreements

When employer's action isn't directly discriminatory but disproportionately impacts people with protected characteristic

Someone that comes onto your property legally for a non-business purpose (e.g. a friend you invited to a party)

My employees just went on strike—I'm allowed to hire people to replace them

You will get workers compensation if your chronic back injury flares up after lifting a heavy box at work

Type of remedy designed to put plaintiff in the position they were in before tort happened

A legitimate job requirement that an employer is allowed to consider, even if it has a discriminatory impact

An agent will never be liable for contracts they enter into on their principal's behalf

Illegal union action where, for example, unionized Walmart employees picket in front of Kraft-Heinz (a Walmart supplier)

Rule that a plaintiff cannot recover for harm caused by a risk that was known or obvious

A principal's duty to pay their agent back for expenses the agent pays out of pocket

If you don't like how the trial court interpreted the facts, you are allowed to appeal the trial court's decision

You can prove the harm element of a tort by showing pure emotional harm

Age when the Age Discrimination in Employment Act (ADEA) starts protecting you

If someone keeps sneaking into my shed and stealing stuff, I can rig up a trap to hurt them when they open the door

The principal will be liable for torts committed by their independent contractor if the job is inherently dangerous

The principal will be liable if their agent commits a tort while on a detour

Intentional tort that happens when you publish false information about a business that harms their reputation

The person who is getting sued

In a state WITHOUT a right-to-work law, an employer can require that every employee join the union

To be liable for an intentional tort, the defendant must have intended to harm the plaintiff

The length of "cooling off" period you must give before striking, picketing, or locking your employees out

What OSHA cares about

Level of court where every lawsuit starts

An employee who is exempt and thus isn't eligible for overtime pay (1.5x normal pay for hours over 40)

Wrongful act that will give rise to a strict liability tort

Illegal strike where employees don't show up for work only on certain days or certain times of day

If I go on strike to get higher wages, I am guaranteed to get my old job back when the strike is done

Where the type of harm that occurred was a reasonably foreseeable result of the type of wrongful act that occurred

The principal will be liable for their agent's INTENTIONAL tort if the agent MEANT TO FURTHER THE PRINCIPAL'S INTERESTS

Protected characteristic included in Title VII

Who's going to win the NCAA Men's Basketball Championship?

If your lawsuit is against a public figure (e.g. Donald Trump), you can file your lawsuit directly in the Supreme Court

If a product has a design defect, who can the injured customer sue?

The law that prevents your employer from getting access to your private health information

When an agent makes a large departure from the scope of their agency

Tort that happens when you sneak up and intentionally punch the back of someone's head

Requirement that you must have suffered actual injury in order to move forward with a lawsuit

The principal will be liable if their agent commits a tort while on their way to work

Rule that a principal is liable for torts their agent commits while acting within the scope of their agency

The name of the federal appellate court for Chicago

Culmination of a lawsuit where plaintiff and defendant present their evidence before a judge or jury

Type of "shop" that is illegal in a state WITHOUT a right-to-work law

I'm from Illinois and I'm suing someone from Indiana for $50,000—I can file my lawsuit in federal court

You'll get workers compensation if you slip on a wet floor and get hurt while taking a short break in the break room

When rescission and restitution are available

I am a small business (10 employees)—federal discrimination laws don't apply to me

Person to whom you owe a duty to do a reasonable inspection for unknown dangers

After 60-days notice, an employer can lock their employees out without pay to pressure the union to compromise

Professor Warnick's first name

Protected characteristic that employers are required to reasonably accommodate, if possible

An agent's duty to NOT put other interests ahead of their principal's interests

Type of damages designed to give you the value of what you bargained for

If employees form a union, the employer has the right to decide whether they want to negotiate with the union

Consequential damages are always available if the other party breaches our contract

What does Ben (professor's son) love most in the world?

My employer is allowed to read all the emails I send from my work-email address

Rule that a defendant is not liable if something completely unforeseeable happened and was the true cause of the harm

Requirement that the defendant must have enough contact with the state that it's fair to make them litigate there

Tort that is NOT a wrongful act that harms someone

To win a strict liability lawsuit, the plaintiff must prove that the defendant acted unreasonably

Authority when the principal approves a contract entered by someone who lacks authority to act on the principal's behalf

A 14 year-old is allowed to work part time at Arby's

What is the current federal minimum wage?

I just started a job at Arby's, but I'm about to have a baby—Arby's has to give me parental leave under the FMLA

Government agency that regulates employment discrimination

When the plaintiff's harm would not have happened "but for" the defendant's wrongful act

When employer's actions create a hostile or offensive work environment for someone because of a protected characteristic

Rule that a plaintiff who was also negligent can only recover the defendant's share of the plaintiff's harm