STATUTORY AND REGULATORY GRADED ASSIGNMENT FALL 2022 Facts
Hi Tutor. please solve the questions given in the attachment according to given instructions. Thanks
Assignments should be double spac on 8 ½ x 11 paper, using 12-point font, with at least one-inch margins on all sides and page numbers on each page. All citations should be in Bluebook format for Briefs and Legal Memoranda (the Bluepages) and be within the text, not in footnotes. . Any summaries of cases, statutes, or secondary sources must be in your wording with quotation marks indicating language comes from the source itself. Answers shouldn’t be too long
STATUTORY AND REGULATORY GRADED ASSIGNMENT FALL 2022 Facts: You have begun work at your summer internship at a nonprofit that advises businesses about how to comply with labor law. One of the attorneys heard that local businesses want to administer polygraph tests to employees whenever they think the employee has done something wrong. The attorney thinks this might not be legal under federal labor law and has asked you to do some research which will then help you create a fact sheet that can be distributed to the businesses. Questions: 1. Start by searching for sources discussing the federal statute governing whether and when employers can polygraph their employees or potential employees. What search terms did you use and where did you search? What secondary sources did you find? Explain which source was the most helpful and why. Cite the relevant primary sources that your secondary source led you to. 2. Cite the full range of sections of the federal statute governing administering polygraphs to employees. When was the law first enacted? 3. If an employer is investigating a violation of one of its employment rules for employees, such as one prohibiting supervisors from having romantic relationships with a person they supervise. can the employer use a polygraph to question the supervisor they believe is involved? Cite the statutory authority supporting your answer. 4. Alternatively. what if an employer suspects an employee is involved in the disappearance of goods from the business? If an exception exists to allow use of polygraphs in this situation. what is the employer required to show? Cite the statutory authority.
STATUTORY AND REGULATORY GRADED ASSIGNMENT FALL 2022 5. Is there a related federal regulation listed under any of the tabs at the top of the page for the statute you found in question 4? If so. cite it. Hint: Check both a statute ‘5 Citing References and Context & Analysis tabs to search for a related regulation. Using the Table of Contents for this Part of the C.F.R., find and cite the regulation dealing specifically with the exemption for organizations investigating losses of goods. Also provide: a) the date when the regulation was issued; b) the Federal Register citation for the issued regulation; and c) the “current through” date for the regulation. Use the Notes of Decisions for the regulation to find and cite to a New York case defining the “reasonable suspicion” of an employer that is required before a polygraph can be administered. Does federal law pre-empt states from having their own laws about employers using polygraphs on employees or potential employees? Cite the authority supporting your answer. Does New York have a statute prohibiting employers from using psychological stress evaluation tools on employees? If so, cite the statute and give the year when it was initially enacted. STATUTORY AND REGULATORY GRADED ASSIGNMENT FALL 2022 10. Does the New York law apply to polygraphs? Cite the authority supporting your answer.
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