Please answer the following questions succinctly and provide an example to justify the individual's way of thinking.

The following departments to choose from for the question:

$$ Massachusetts Commission Against Discrimination $($MCAD$)$

$$ Executive Office of Labor and Workforce Development $($EOLWD$)$

$$ Federal agencies that govern employment law

$$ Department of Labor$-$DOL $-$ Part of the President$$s Cabinet.

$$ National Labor Relations Board $-$NLRB $-$ Agency dedicated to enforcing

$$ the National Labor Relations Act.

$$ EEOC

$$ Department of Justice

$$ OSHA

$1)-$Please answer the following:

$-$Some of them seem to handle the same types of employment law matters. Please say:

A$)$ the name of one Massachusetts agency and the name of one federal agency that seem to handle similar matters;

B$)$ what is similar about them when it comes to matters, they handle; AND

C$)$ what is different about them when it comes to matters, they handle.

$2)$ The sources of law are listed below. There is a hierarchy among these laws. In other words, if there is a potential conflict between these sources of law, one source will "trump" another.

$-$Constitutions and amendments

$-$Cases, common law, precedent

$-$Statutes and Codes $($laws created by legislatures$)$

$-$Executive Orders

$-$Administrative Regulations

$-$Ordinances$/$Bylaws

A$)$What would happen if a specific state law seemed to be in conflict with and violate the constitutional rights of an employee?

B$)$What would a court do about this constitutional violation? Judicial Review: Under the doctrine of Judicial Review, courts have the ability to overrule executive$/$legislative acts of the government that they deem to be contrary to the United States Constitution. This authority not only extends to the acts of Congress and the Federal Executive Branch, but also to certain acts of individual state governments as well. Review of Federal Action: It was not until the case Marbury v$.$ Madison $(1803),$ where the United States had a clear answer on who specifically had the authority to decide what laws were contrary to the language of the Constitution of the United States."$[$Marbury v$.$ Madison$]$ declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our Constitutional system." Cooper v$.$ Aaron $(1958).$ Review of Federal Executive Action: Although the President has an executive privilege of confidentiality, it is within the Judicial Branch's authority to determine the scope and extent of the privilege being raised. United States v$.$ Nixon. Review of State Action: The doctrine of Judicial Review is not solely limited to federal actions, but also extends to state actions as well. During the early history of the United States, the United States Supreme Court in Fletcher v$.$ Peck $(1810)$ struck down a state statute as unconstitutional due to its violation of the Contract Clause contained within Article I, Section $10$ of the Constitution. In the case Martin v$.$ Hunter's Lessee $(1816),$ the United States Supreme Court enforced the power of the Supremacy Clause contained within Article VI of the Constitution, stating that it has the authority to review state court decisions that involve the interpretation of federal law or the United States Constitution itself. In its decision, the United States Supreme Court justified this power based on the need for a uniform interpretation of federal law across each and every state in the Union.

$3)$Focus on Chapter $1$ from textbook: Employment Law for Human Resource Practice, $7$th Edition, $(2024)$ David J$.$ Walsh

$-$Which of the following statements about at$-$will employees and contracted employees is false?

A$)$At$-$will employees usually have less job security than contracted employees.

B$)$Contracted employees typically have set durations for their employment.

C$)$At$-$will employees can never sue employers for any reason.

D$)$Contracted employees have specific terms and conditions outlined in a contract.

$4)$ The Lilly Ledbetter Fair Pay Act of $2009$ amends Title VII of the Civil Rights Act of $1964$Links to an external site. and seeks to address the pay gap and eliminate pay disparities between men and women in the workplace. The most groundbreaking part of the Lily Ledbetter Act, at least according to most historians and political scientists, is that:

A$)$it specifies that each discriminatorily low paycheck is a separate legal violation that restarts the statute of limitations period.

B$)$it mandates that all males and females in a workplace be paid the exact same amount, regardless of the industry or job description.

C$)$it is the very first law in United States history to provide employment rights for women in both large and small company settings.

D$)$All of the above.