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A theft has happened in the warehouse and the manager has two suspects.  The only method he knows to use to determine who committed the theft is through the use of a polygraph.  The manager suggests to the employees that a polygraph might clear the employee’s name.  Since it is only a suggestion, there is no violation of the Employee Polygraph Protection Act.  True or False?

Can an employee handbook create a contract by and between the employer and the employee? 

There has been a theft of multiple items in a recent shipment at the grocery store.  The grocery store employer has reason to believe that one of its employees has decided to go online to sell various items.  The grocery store provides its employees, including the suspect employee, with a locker to hold various personal items and provides locks for those lockers.  The grocery store provides its employees one key for the lock and retains the other one.  The grocery store has also determined that the suspect employee uses the same password for logging into his grocery store computer that he uses to login to his cloud based gmail account.  Given that the grocery store believes the suspect employee has sold items online, the grocery store employer has started going through the suspect employee’s emails.  Discuss the legality of the search of the locker and the gmail account.

A hiring manager from company A has just received a phone call from the hiring manager at company B asking about a former company A employee.  The hiring manager had been informed by the manager of former company A employee that former company A employee had lost his position based on his refusal to do work as ordered by his manager.  The hiring manager had informed the coworkers of the company A employee about the termination and informed them that it was for insubordination.  During that conversation, the co-workers of the former company A employee began informing the hiring manager of company A that they had heard that the former company A employee often slept on the job and did nothing but use his cell phone on the clock all day. The hiring manager of company A told the hiring manager of company B that the former company A employee was fired for insubordination as well as sleeping on the job and being on his cell phone all day.  Describe the legal liability for Company A arising out of the hiring manager for Company A’s informing the Company A employees about the termination of the former Company A employee as well as the hiring manager for company A informing the hiring manager of company B why the former company A employee was terminated. 

A manager tells the employees in his group the basis for the termination of one of the other employees in his group.  The employee wants to bring an action for defamation.  Does the employee have a cause of action and, if so, why? 

Which of the following are exemptions under the FLSA:

Under the Uniform Trade Secret Act, which of the following would not be considered improper means of acquiring a trade secret under the statute: 

Which of these is not a test used to determine if an independent contractor relationship exists? 

A person is working on the development of a web app for Company A, a baseball team.   She has complete discretion to develop the web app according to whatever methods she chooses to use.  She operates a web app business that has developed web apps for various industries.  The baseball team does not typically develop its own web apps.  Under the ABC test, define the relationship by and between the web app developer and Company A as well as the impact this has on who owns the web app assuming the copyright act does not apply.