Employee Integrity Tests: Purposes and Criticisms
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Question:
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review.
- What are the purported purposes of integrity tests for employees? What are the primary criticisms of such tests? Give an example of how an employer might commit disparate impact discrimination through an integrity test.
- What are the purported purposes of personality tests for employees? What are the primary criticisms of such tests? Give an example of how an employer might commit disparate impact discrimination through an personality test.
- What types of cognitive skills tests are commonly used for employee screening? When are and aren't such tests appropriate? Give an example of how an employer might commit disparate impact discrimination through an cognitive skills test.
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review.
- What is vicarious liability? What is the reasoning behind holding employers accountable in this way? What are the criteria that determine whether or not vicarious liability will attach?
- Give an example of an employment scenario in which an employer would be responsible for the actions of an employee under vicarious liability. Give an example of an employment scenario in which an employer would not be responsible for the actions of an employee under vicarious liability.
- What were the issues in contention in the infamous Christensen v. Swenson case? How did the court rule in this case, and why?
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review .
- Summarize the paid time regulations under the Fair Labor Standards Act (FLSA). What is considered paid time? What is not considered paid time? Are there any exceptions? Give an example of a common way in which employers violate paid time regulations under the FLSA.
- Summarize the minimum wage regulations under the FLSA. What is the current federal minimum wage? What types of employers are exempt and for what reasons? What types of employees are exempt and for what reasons? Give an example of a common way in which employers violate minimum wage regulations under the FLSA.
- Summarize the overtime regulations under the FLSA. What is considered overtime? What is not considered overtime? Who is exempt and why? Give an example of a common way in which employers violate overtime regulations under the FLSA.
In no less than 300 words (total), answer the following questions. Please organize your answers accordingly so that they are clearly organized for review .
- What does the Family and Medical Leave Act (FMLA) provide for employees? How does FMLA compare with legislation for employee leave in most other modernized first-world countries?
- What types of employers are exempt from FMLA adherence, and why (i.e. what is the reasoning for these exemptions)? What criteria must an employee meet in order to be eligible for FMLA benefits?
- Give an example of a common way in which an employer might fail to meet its obligations under FMLA.