US Labor Law Professional Exam — Part 2 Deep Dive: Case Analysis, HR Management & Administrative Process

The Essence of Part 2: Applied Analysis

The core skill tested in Part 2 is not memorization but application. Candidates must take a set of facts, identify the applicable statute or principle, and derive a well-reasoned conclusion.

IRAC: The Standard Answer Structure for Case Analysis

IRAC (Issue · Rule · Application · Conclusion) is the standard framework used in US law-school exams and professional credential exams alike.

The Four Steps

① ISSUE
   "The issue in this case is whether Employer A's termination of
    Employee B constitutes unlawful retaliation under Title VII."

② RULE
   "Title VII of the Civil Rights Act prohibits an employer from
    retaliating against an employee who has opposed an unlawful
    employment practice or filed an EEOC charge (42 U.S.C. § 2000e-3(a)).
    To establish a prima facie case, the employee must show: (1) protected
    activity, (2) adverse employment action, and (3) causal connection."

③ APPLICATION
   "Here, Employee B filed an EEOC charge on [date]. Two weeks later,
    Employer A terminated B. The close temporal proximity creates a
    rebuttable inference of causal connection. Employer A must articulate
    a legitimate, non-retaliatory reason; the burden then shifts to B
    to show pretext."

④ CONCLUSION
   "Because B engaged in protected activity and suffered an adverse action
    with close temporal proximity, B has established a prima facie
    retaliation claim. Employer A must present a non-retaliatory
    justification or face liability."

Frequently Tested Labor Law Scenarios

Scenario 1: Wrongful Termination Analysis

Analytical Framework

① Substantive justification
   - Was there a legitimate, non-discriminatory reason?
   - Did the employer apply its stated reason consistently?

② Procedural compliance
   - Written termination notice provided?
   - WARN Act notice (60 days for mass layoffs)?
   - Progressive discipline / CBA procedures followed?

③ Conclusion: Both substantive and procedural requirements must be met
   for a lawful termination.

Common Scenarios

• Verbal termination with no documentation → procedural defect → retaliation risk
• Immediate termination without progressive discipline → possible violation of CBA or handbook promise
• RIF / mass layoff: 4 WARN Act requirements (1,000+ employees / 100+ affected; 60-day notice; written notice to employees, state, and local officials; exceptions for unforeseeable circumstances)

Scenario 2: Employee vs. Independent Contractor Classification

The economic-realities test governs classification under the FLSA; the ABC test is used in some states.

Key Factors (Economic-Realities Test)

Scenario 3: Strike Legality

Analytical Framework

① Participant requirement: Are strikers employees protected by Section 7?
② Purpose requirement: Is the objective wages, hours, or working conditions?
   (Political strikes or management prerogatives = not protected)
③ Procedural requirement:
   - Was there a valid demand to bargain?
   - Was good-faith bargaining conducted before the strike?
   - Was a strike notice given (if required by CBA)?
④ Conduct requirement: No violence, sabotage, or unlawful secondary boycotts

Scenario 4: Unfair Labor Practice (ULP) Analysis

① Actor: Is the conduct attributable to the employer?
   (Only employer ULPs; union ULPs are a separate category)
② Type of ULP: Identify which of the seven types applies
③ Causation: If interference/retaliation, show nexus to Section 7 activity
④ Remedy: File ULP charge with NLRB regional office within 6 months

HR Management: Five-Stage Framework

HR management questions combine theory with applied case scenarios.

HR Process — Five Stages

Motivation Theory

Content Theories (What motivates people?)

Process Theories (How does motivation work?)

• Vroom’s Expectancy Theory: Motivation = Expectancy × Instrumentality × Valence
• Equity Theory: compare input/output ratio to referent others; perceived inequity drives behavioral change
• Goal-Setting Theory: specific, challenging goals lead to higher performance (Locke & Latham)

BSC and KPI Performance Management

• BSC (Balanced Scorecard): balances four perspectives — financial, customer, internal process, and learning & growth
• KPI (Key Performance Indicator): quantitative measure of progress toward strategic objectives
• BSC-KPI integration: each strategic objective in the BSC strategy map is measured by one or more KPIs

Job Analysis and Job Evaluation

Job Analysis — systematic process of gathering information about job content and requirements

• Job Description: tasks, duties, responsibilities, working conditions
• Job Specification: minimum qualifications, skills, and experience required

Four Job Evaluation Methods

Administrative Process: EEOC and NLRB Procedures

Full Wrongful-Termination Dispute Workflow

Three Key Topics in Administrative Law

① Filing Deadlines

② Mediation and Conciliation

The EEOC encourages voluntary resolution through mediation before investigation.

• If mediated: charge withdrawn; settlement terms binding
• Mediation/conciliation agreements: same enforcement effect as a consent decree

③ Back-Pay and Reinstatement Orders

If an employer does not comply with an EEOC or NLRB remedial order, monetary penalties and court enforcement actions follow.

• NLRB enforcement: NLRB may apply to circuit court for enforcement
• EEOC enforcement: DOJ or private plaintiff may sue in federal court
• Back-pay amount: capped at 2 years (3 for willful FLSA violations)

Elective Subject (Employment Relations / Labor Economics) — Part 2 Exam Features

Part 2 requires the same elective subject chosen for Part 1.

Study Checklist

• Labor law — written 3+ IRAC answers on wrongful-termination scenarios
• Labor law — can recite six factors of the economic-realities classification test
• Labor law — can apply four requirements for a protected strike to a fact pattern
• Labor law — memorized all employer ULPs and the 6-month NLRB filing deadline
• HR management — can explain all five stages: recruit/select, train, appraise, compensate, labor relations
• HR management — can compare four content motivation theories in a single essay
• HR management — can explain four job evaluation methods and their characteristics
• Admin process — can describe the five-step EEOC/court dispute workflow
• Admin process — memorized 180/300-day EEOC deadline and 6-month NLRB deadline
• Admin process — understands back-pay caps and enforcement mechanisms
• Exam writing — completed 5+ mock exams: three essay questions within 100 minutes