The Development of Employment Law

Question 1

Patronage

Answer 1

Spoils system

Question 2

Merit

Answer 2

Pendleton Act of 1883

Question 3

Curtailment of political activity

Answer 3

Hatch Act of 1939 → No running for office or management of political campaigns

Question 4

Oklahoma v. United States Civil Service Commission

Answer 4

The federal government can withhold funds from the states and dismiss officials at the state and local levels.

Question 5

McAuliffe v. Mayor and City of New Bedford

Answer 5

Because the 1st Amendment does not guarantee a right to be a police officer, the City can impose reasonable limitations on police officers.

Question 6

Rutan v. Republican Party

Answer 6

To authorize hiring freezes, transfers, recalls, promotions, etc., a narrowly connected purpose is necessary.

Question 7

Yardley v. Hospital Housekeeping Systems; potential counterarguments

Answer 7

No cause of action exists for retaliatory hiring on the basis of receipt of worker’s compensation; policy exception, equity

Question 8

Centrality of work

Answer 8

Confers citizenship on humans, work for civics and democracy because of diversity and pluralism

Question 9

Employment at will (default rule)

Answer 9

An employer can fire an employee for any reason without notice

Question 10

Public policy exception to employment at will (definition)

Answer 10

Evidence of a clearly articulated constitutional/statutory right

Question 11

Public policy exception to employment at will (4 scenarios)

Answer 11

1. Not performing an unlawful act
2. Exercising a statutory right
3. Serving a public function
4. Whistleblowing

Question 12

Whistleblowing (requirements)

Answer 12

1. Reporting → firing
2. The employer’s misconduct threatens the public’s health, safety, and wellbeing.
3. Codification often requires internal and external reporting.

Question 13

Other exceptions to employment at will

Answer 13

1. Contractually based employment
2. Union contract
3. Tenure

Question 14

Employer-employee (employment)

Answer 14

Employment describes full-time and part-time work in addition to family businesses.

Question 15

Lemmerman v. A.T. William Oil Co.

Answer 15

The boy is an employee because the manger has the power to hire and fire. The boy is an initiate into the world of work.

Question 16

O’Connor v. Uber Technologies

Answer 16

Remuneration → employee (prima facie). The employer bears the burden of proof.

Question 17

Borello test (totality of the circumstances)

Answer 17

1. Who has the right to control the work?
2. Who bears the risk?
3. Any investment of equipment/materials?
4. Any special skills?
5. What is the degree of permanence?
6. Is the service an integral part of the business?

Question 18

Dynamex Operations West, Inc. v. Superior Court (A.B.C. test)

Answer 18

A. The worker is free from the employer’s control.
B. The worker performs work not within the employer’s usual course of business.
C. The worker is customarily engaged in an independent trade, occupation, or business.