Under the _____ method for determining a firm’s number of employees, an employee is counted for each full week between when he is hired and when he leaves employment, regardless of the number of hours the employee worked during those weeks.

According to the Wall Street Journal article “Bosses’ New Task Is Figuring Out Who’s High at Work,” an increasing number of companies are using pre-employment drug-testing despite the expanding legalization of marijuana.

Executive orders are written laws enacted by legislative bodies, such as federal and state legislatures.

Under the economic realities test, an individual is likely to be rightly considered an independent contractor EXCEPT:

Disparate treatment occurs when an employer takes adverse action against an employee in response to their engaging in protected activity or asserting their legal rights.

A key legal question in the case NAACP v. North Hudson Regional Fire & Rescue was whether the plaintiffs had established a prima facie case of disparate impact based on the defendant’s use of a(n) _______.

The after-acquired-evidence doctrine says that if an employer fires an employee for an unlawful or illegal reason, then discovers employee misconduct that would justify a lawful termination, the complaining employee is barred from all forms of relief, including back pay.

In employment law cases, _____ damages are intended to punish the employer in cases of serious, intentional violations and to create an example to affect the behavior of others.

Assume that your company located in California is hiring a Customer Service Representative, a position that is primarily done by employees who work from home.  One of the people who has applied for the position is Jane Doe, who was recently released from prison for committing a series of non-violent crimes.  What would be the likely advantages and disadvantages of hiring Ms. Doe?  In your answer, be sure to discuss the benefits and legal risks of using criminal background checks as part of the employee selection process and describe best practices for conducing background checks.

In negligent hiring claims, foreseeability focuses on those characteristics of the person being hired that render him unfit, while knowledge focuses on the nature of the position which would render injury or harm to others likely.