Questions and Answers of Employment Law Business

1. How can an employee ensure that she or he knows all of the facts relevant to a question such as the one present in the case?2. Why do you think Varity handled this in the way that it
1. Does any of this case surprise you? Explain.2. If you were the club owner and did not want the dancers to be employees, after receiving this decision how would you change things?3. Do you think
Why do you think an employer must follow such strict guidelines when creating a waiver? Do you think the guidelines are correct? How would you change them?Issue: Whether the receipt of any
If this case were tried as a disparate impact case, as discussed by the court, how would you balance the advantages of word-of-mouth recruiting against the possibility of a discriminatory
A staffing firm provides landscaping services for clients on an ongoing basis. The staffing firm selects and pays the workers, provides health insurance and withholds taxes. The firm provides the
The employer hired Kristy Sones, a registered nurse, to work as a Field Nurse in Picayune, Mississippi in 2006. Field nurses provide home health care to patients and Sones estimated that she spent
An employee who suffers from fibromyalgia and degenerative disc and cervical disease worked as a Pulaski County juvenile detention officer from November 24, 2001, to May 21, 2013. Beginning in 2008,
Anthony and Philip Conway founded and operated Rochester Medical Corporation (RMC), a publicly traded medical-device company. C.R. Bard, Inc., (Bard) offered to purchase RMC at a very attractive
Licensed taxicab drivers in Boston brought an action against cab companies, alleging that they were misclassified by the companies as independent contractors. The taxicab drivers alleged that they
Dr. Moshe Ashkenazi is a surgeon who was born in 1939. He had surgical privileges with the South Broward Hospital District. Pursuant to renewable contracts, he worked on-call shifts in several
Dr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as
Uber Technologies, Inc. develops, markets and operates the Uber app. The app allows consumers to request an Uber driver to pick them up and drop them off at the nearest location. Uber drivers use
A tenured professor falls down the stairs at her university and suffers a brain injury and is unable to work. She is told by the university that in order to be in compliance, she must apply for FMLA
Should Best Formed Plastics’ motion to dismiss have been granted? Why or why not? If Ms. Stewart had only two Facebook friends who could see her post and they were Mr. Shoun and Mr. Shoun’s
How can an employer protect itself from a claim of an unreasonable search conducted in the workplace? Note the court stated that a policy regarding this issue was not a determinative factor in
In 2008, the New York Department of Labor suspected that its director of staff and organizational development, Michael Cunningham, had been skipping work and filing false time sheets to conceal his
In May 2015, a woman sued her employer after she was fired for uninstalling a GPS tracking app from a company-issued smartphone. Does she have a case for wrongful termination? What about a violation
Stevon Anzaldua was a full-time paramedic and firefighter. The Fire District suspended Anzaldua for allegedly failing to respond to a directive issued by the Chief. Shortly thereafter, Anzaldua
A teacher claimed that she was diagnosed with adult Attention Deficit Hyperactivity Disorder (ADHD). She brought a claim against the school district alleging that the district had violated the
In 2013, an employee was suspected of falsifying time records, so the state employer installed a GPS device on the employee’s personal vehicle, which the employee used for work activities. However
These conditions likely would not have been covered by the ADA before the 2008 amendments. Thus, if the discrimination had occurred before 2008, the ADAAA would not apply and Gogos may have been out
Are you more persuaded by the analysis of the Tenth Circuit or the Seventh and Eighth (current case)?Does this case represent a clear win for the employer? What guidance would you give an employer
Is predictable attendance an essential job function of Harris’ position? Does Harris have a claim for relief under the ADA? Do you believe the employer made a good-faith effort to reasonably
Under the direct method, what did Ferrari need to show to establish a disability under the ADA? Was he successful? Why or Why not?What must Ferrari establish to succeed under the indirect method? Is
LeRoy Arthur Hilde, age 51 and retirement-eligible, claims that the City of Eveleth violated the ADEA when it failed to promote him to Chief of Police. Hilde, who had been on the force for 29 years,
In 2012, a New Jersey jury issued a verdict in an age discrimination suit filed against Passaic County prosecutor James Avigliano. Six detectives with a total of 150 years of law enforcement between
Like the majority of states, Michigan prohibits the appointment or election of judges who have reached a certain age. Michigan’s 1906 constitution caps the age of judicial service at 70 years old.
For more than a decade Addiel Soto–Felician worked in the kitchen at the Villa Cofresí Hotel, a beachfront, family-run establishment in Rincón, Puerto Rico. By January of 2010, Soto had become
Carol Lorenz was employed by Tyson Foods, Inc. in Cherokee, Iowa, from October 1985 until December 6, 2012, when her employment was terminated. She was 62 years old at the time of her discharge.
In two instances, Darden Restaurant did not hire applicants who were 52 and 49 years old, and instead hired many less experienced applicants outside the protected age group. Darden’s hiring
Do you understand the Court’s reasoning? Explain.If you were the employer who was not told of the religious conflict, but you were held responsible for it, how would you feel?Is question 2 really a
Employee police officer, a Jehovah Witness whose religion does not allow carrying weapons or celebration of Christmas, refuses to go through weapons training or to oversee a Christmas party for his
Employer instituted a religious program in the workplace called “Onionhead” to “harness happiness” of employees. Among other things, employees were required to say “I love you,” to share
If you were Buonanno’s manager, how would you have handled this situation? Think about the issue of an employee deciding not to accept a co-worker because of religious reasons. If you
This was a very important decision by EEOOC because it changed its previous position. Do you understand the agency’s analysis of why it held as it did in the decision?Do you understand why the
A female employee and her (now) spouse are hired as elementary teachers and receive the highest level evaluation for the year. At the end of the school year, the principal calls the two into her
Employee, a skydiving instructor, generally informs his customers that he is gay so that his female customers will not feel awkward when he is strapped to them. A female’s husband called the
How could the city have avoided the outcome? Explain.Do you think that it would have made sense for the city to consider the particulars of the circumstances here, such as that these were lifeguards,
Does it make sense to you to allow an employee to bring a sexual harassment cause of action if the employee suffered no adverse tangible employment action?
The decision involving hiring was made outside of the United States. Therefore, do you agree with the court's reasoning surrounding the extra-territorial reach of the FLSA? Can you think of a
What are the two elements that an employee must show to make a successful Title VII claim? Do you think the ‘motivating factor’ standard is appropriate for discrimination claims based on national
Leon’s Frozen Custard, a locally-owned custard shop in Milwaukee, has an English-only policy that requires employees to speak only English while they are working. This includes when they speak to
Latinx managers of a Florida-based tomato growing, packing, and distributing company harassed and intimidated Haitian production workers. When the Haitians complained about their treatment, the
If race or gender can be the only factor in an employment decision, how long can it be a factor?
Can affirmative action be used to benefit those who did not actually experience discrimination? Discuss.
How does the Court determine that Coats’ employment was lawfully terminated, despite the fact that medical marijuana use is permitted under Colorado law? Does it matter that the federal government
How might an employer create an “implied-in-fact term” and how could a failure to follow such policies when terminating an employee create a breach of the contract?Issue: Whether there is an
Althea, black, has been a deejay for a local Christian music station for several years. The station got a new general manager and within a month he terminated Althea. The reason he gave was that it
Think about the following questions from the point of view of violation of public policy or breach of a covenant of good faith and fair dealing and see what the outcome would be.a. A female child
Which of the three employment status determination tests does the Court apply to determine whether Keller was an employee?Of the factors considered critical by the court in reaching its conclusion,
Which test did the Court apply to determine whether the Sisters were employees and thereby merit the protections of employment discrimination laws?Can you think of any public policy reasons why Title
1. Why do you think it was necessary to dissolve the relationship between criminal conspiracy and the labor movement? What was the relationship given between criminal acts and employees’ rights to
An employee worked as a drill and machine operator at a furniture manufacturer. Employees were subject to dismissal when they accumulated seven points against them for violations based on conduct.
Allbright finds that Benito, Juana, and Lao Tsu, three of his employees, were the cause of the discovery of FLSA violations. As a result, he terminates them. Do the employees have any recourse?
What should Varity have done in order to avoid liability under ERISA?Issue: Did Varity breach its fiduciary duty in leading the employees to believe that their funds would be secure?Facts: Two
A police officer is eligible for two hours of additional leave bonus if he does not take more than 40 hours of sick leave during a year. If he loses the bonus as a result of taking FMLA leave, have
1. Do you agree with the court that IAB’s involvement constituted retaliation? Why or why not?2. To what extent did the police department culture play a role in this decision?3. What steps could
The range of dangerous conditions in which employees have been forced to work has been well documented, at least since Upton Sinclair’s The Jungle. But, what if the danger is the condition of the
During negotiations, employer and union exchange information on the union’s proposal for pay raises. The employer rejects the proposal. The employer is adamant and refuses to agree to the raises.
The employer engaged in the practice of photographing an employee engaged in picket-line activity. Is this illegal surveillance, even though the activity was “open and obvious,” no action was
An employer was hiring employees after a strike. On employment applications, the employer asked the potential employees whether they belonged to a union. Was the employer engaged in an unfair labor
1. Did the employer seem to intentionally violate the law? Explain.2. What do you think would motivate an employer to prefer to deal directly with an employee participation group rather than a
In its employee handbook, an employer stated that it would do “everything possible to maintain the company’s union-free status for the benefit of both our employees and [the Company].” Is this
1. Why do you think the employer refused to rehire the strikers after they gave an unconditional promise to return?2. Do you think it is fair that employees striking because of an unfair labor
C. Tyler Williams Co. set up a committee called the Employee-Owners’ Influence Council (EOIC). All employees were encouraged to become members. Of 150 employees who applied, 30 of Tyler Williams’
1. Do you think the court made the right decision in this case? Explain.2. Given that there is a statutory duty to bargain in good faith, why do you think management chose to do what it did?3. Given
Bloom was hired to perform clerical work for Group Health, Incorporated Office and Professional Employees International Union Local 12. Group Health had negotiated a collective bargaining agreement
A restaurant employee created a private MySpace page and invited fellow employees to the page for the purpose of sharing work-related frustrations and criticisms of their employer. A manager learned
During her employment with Verizon, Sandi Lazette was issued a company-owned Blackberry device, which she was allowed to use for personal, as well as professional, business. When Lazette left Verizon
Danielle Mailhoit began working at Home Depot as a cashier in 1991. By 2010, when she was fired by the company, Mailhoit had worked her way up to regional store manager. She alleged in a gender
Employer has a strict policy of not allowing employees with beards to work in public contact positions. All managerial positions are public contact positions. Employer does not make exceptions to its
Dennis comes up to his supervisor, Mae, at a Christmas party and tells Mae he wants to sue for sexual harassment. Mae asks what happened. Dennis says that Linda came over to him and tweaked his cheek
1. What do you think of the way in which Ali was approached by Dr. Shields about her violation of the dress code? Does this seem advisable to you?2. How much of a role do you think different cultural
Nine months after coming to work for Gaggle, Inc, Sarah was diagnosed with breast cancer. The prognosis was not good. Sarah underwent surgery and a chemotherapy regimen that physically depleted her.
Jared requested FMLA time off from his job to care for his partner, Samuel, who was suffering from a particularly acute case of adult mumps. Is the leave likely to be granted?
In a construction project, a company built an 18-foot-by-20-foot trench that had to be lined with a special fabric. When the workers had trouble stretching the fabric over the trench, an employee
Sasha is employed as the Winstons’ babysitter when they must occasionally stay over in town because of their jobs. Sasha is becoming increasingly discontented with her wages, which are below
A Christmas tree grower used seasonal help to assist in harvesting Christmas trees and did not pay them overtime wages since the growers deemed the employees as engaged in agriculture, which is
State “sunshine” laws require the release of all documents relating to state business. Are employees’ personal e-mails subject to public disclosure? Or do state employees retain privacy in
Two female employees of a 24-hour residential facility for abused and neglected children discovered video recording equipment hidden on a bookshelf in an office that they shared. They were able to
A company institutes a no-fraternization policy that says that a manager will be fired for dating an hourly employee, regardless of whether the manager is the worker’s supervisor. To some, the
An employee submitted an expense report that included costs from a cell phone issued by his company. The company wanted to check the phone to verify information that the employee had provided and,
Robert Sumien worked as an emergency care technician (EMT) for Careflite. Jan Roberts, his ambulance partner, commented on the Facebook wall of a third Careflite employee that she wanted to
Melissa Ignat, an employee of the real estate division of Yum! Brands, the parent company of Pizza Hut, Taco Bell, and KFC, suffered from a bipolar disorder and, consequently, missed several weeks of
1. The Supreme Court and the Ninth Circuit reached different conclusions on the issue of the proper scope of the search. Which one do you think is the better approach? Why?2. Both courts agreed that
An employee obtains permission to take a leave of absence to attend to a personal matter. A co-worker asks the manager why the employee is on leave. What information may the manager properly share
1. In your opinion, does the Ninth Circuit’s conclusion that Roe’s activities were protected by the First Amendment have merit?2. Where do you think the line would have been drawn on
1. Do you think Yoder should have prevailed on his state law claim of invasion of privacy? Why or why not?2. Do you think this case would have been decided differently if the mail clerk and Yoder’s
A dispatcher suffered from multiple sclerosis, which caused, among other things, caused incontinence and coordination difficulties. After having bowel accidents at work, the dispatcher was subjected
An investigator for the Ohio Civil Rights Commission suffered from asthma and sarcoidosis, which affected her breathing. The Commission’s workspace contained an outer ring of offices that were
The Department of Homeland Security rejected an employee’s application to transfer to a position as a detention enforcement officer on the ground that he had limited vision in one eye because of an
Lucia Enica, who worked as a nurse for the Department of Veterans Affairs, suffered from poliomyelitis, which causes her to limp and prevents her from lifting heavy objects. The VA hospital where she
A Vietnam War veteran diagnosed with post-traumatic stress disorder was employed at the post office. After missing significant time at work for depression related to the PTSD, he requested an
Greenberg is a telephone installation and maintenance employee who works for BellSouth. He also is obese and suffers from other medical conditions. Under BellSouth’s safe load limit policy,
In 2007, Melissa Pennington had worked as a food truck operator at Churchill Downs for 10 years, employed by Wagner’s Pharmacy, Inc. Pennington weighed 425 pounds and was 5’4” tall. She
1. Do you believe the employer made a good-faith effort to reasonably accommodate the employee?2. Can you imagine other accommodations that may have been considered by the employer to be less
Marcus is the HR manager for United Airlines, an Illinois-based company. One of his employees has recently become disabled and is unable to fulfill the essential functions of his current position,
1. The court articulates several elements that could make attendance an essential job function. What are these elements and which do you perceive were critical to its determination in this case?2. If
Terri Kallail, a Type I insulin-dependent diabetic, worked at an Alliant Energy distribution dispatch center, where she monitored the distribution of electricity, gas, and steam throughout a service
1. To what extent could Phoenix’s liability have been avoided had it documented Wilson’s alleged inability to perform required tasks on the new computer system? In your opinion, is Phoenix

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