Under what circumstance can an employer avoid reinstating a key employee after they return from FMLA leave?
Explanation
The FMLA's key employee exception is designed to prevent substantial economic injury to an employer by not requiring the reinstatement of certain highly paid, essential employees.
Other questions
Under the common law doctrine of employment at will, under what conditions can an employment contract be terminated?
Which of the following is a tort-based exception to the employment-at-will doctrine?
According to the Fair Labor Standards Act (FLSA), what is the maximum number of hours a minor under the age of sixteen can work on a school day?
Under the Fair Labor Standards Act (FLSA), when is an employer required to pay overtime wages?
Which of the following is NOT one of the five unfair labor practices by employers as defined by the National Labor Relations Act (NLRA)?
What is the minimum percentage of workers that must support a union for the National Labor Relations Board (NLRB) to hold an election on unionization?
Under the Occupational Safety and Health Act (OSHA), what is the timeframe within which an employer must notify the Department of Labor after a work-related accident that results in the hospitalization of five or more employees?
What is the primary consequence for an employee who accepts workers' compensation benefits?
According to the 2008 figures cited in the text for the Federal Insurance Contributions Act (FICA), what was the Social Security tax rate for employees?
Under the Employee Retirement Income Security Act (ERISA), when do an employee's rights to employer contributions to a pension plan vest?
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to allow employees to continue group health benefits. Which employers are subject to this requirement?
For how long can an eligible employee take leave under the Family and Medical Leave Act (FMLA) within a twelve-month period?
What does the Employee Polygraph Protection Act of 1988 generally prohibit?
Which of the following is a key requirement of the Immigration Reform and Control Act (IRCA) of 1986?
What is the key difference between a closed shop and a union shop, as distinguished by the Labor-Management Relations Act (LMRA)?
Which federal act establishes an administrative procedure for compensating workers injured on the job, largely replacing the need for an employee to sue the employer?
What is the key provision of the Health Insurance Portability and Accountability Act (HIPAA) regarding employer-sponsored group health plans?
The right to strike is guaranteed by which federal law?
What does a 'whistleblower' typically do?
Under the federal False Claims Reform Act of 1986, what can a whistleblower who discloses information about fraud against the U.S. government receive?
What is the status of the employment-at-will doctrine in the state of Montana, according to the text?
If an employer's personnel manual states that workers will be dismissed only for good cause, and an employee is aware of this policy, what might a court find?
What does the Davis-Bacon Act of 1931 require?
Which of the following employee categories is generally NOT exempt from the overtime provisions of the FLSA?
What is the primary right of strikers after an economic strike ends if the employer has hired permanent replacements?
Which of the following situations would typically NOT be covered by state workers' compensation laws?
What is the maximum amount an employee can be held liable for if their debit card is lost or stolen, and they notify the bank within two days of learning of the loss?
A company with 60 employees terminates an employee and cancels its group health plan for all employees. What is the employer's obligation to provide COBRA coverage to the terminated employee?
Which of these situations is NOT a valid reason for taking leave under the Family and Medical Leave Act (FMLA)?
Under the Immigration Act of 1990, the number of employment-sponsored immigrants was increased from 54,000 to what number annually?
What does the 'business-extension exception' to the Electronic Communications Privacy Act (ECPA) permit?
What is the key factor that distinguishes an economic strike from an unfair labor practice strike?
A 15-year-old is allowed to work under the FLSA, but is restricted from working more than how many hours during a school week?
Which of these acts protects federal employees who report their employers' retaliatory actions?
In the Mims v. Starbucks Corp. case, what was the court's conclusion regarding the store managers' primary duty?
What is the term for a firm that requires union membership as a condition of employment, a practice made illegal by the LMRA?
A private employer randomly drug tests its employees. What is the legal standard for the permissibility of this testing?
In the case of Nevada Department of Human Resources v. Hibbs, what was the Supreme Court's ruling regarding state immunity under the Eleventh Amendment and the FMLA?
What is the primary purpose of the Norris-LaGuardia Act of 1932?
What does a 'hot-cargo agreement,' which was outlawed by the LMRDA, entail?
An employee is 17 years old. Under the FLSA, which restriction applies to their employment?
According to the Social Security provisions detailed in the text for the year 2008, what was the combined employer and employee tax rate for Medicare on all wages and salaries?
An employee loses her job and elects to continue her health coverage under COBRA. Who is typically responsible for paying the premiums for this continued coverage?
What must an employer do to recruit an employee from another country under the Immigration Act of 1990?
In the Wendeln v. The Beatrice Manor case, the court recognized a public policy exception to the employment-at-will doctrine based on which of the employee's actions?
What is the primary factor that courts weigh when determining whether an employer's electronic monitoring of an employee violates privacy rights?
What did the Labor-Management Relations Act (LMRA) of 1947 allow individual states to pass?
Typically, which of the following groups of workers is NOT excluded from state workers' compensation coverage?
If an employer provides the e-mail system for its employees, what have courts generally concluded regarding employees' expectation of privacy in those e-mails?