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human resource management
Employment Law for Human Resource Practice 5th edition David J. Walsh - Solutions
Crews of operators at a company that services and drills natural gas wells work twelve-hour shifts for seven consecutive days, followed by seven days off. The operators were scheduled to work from Tuesdays through Mondays A Tuesday-to-Monday workweek was used for purposes of calculating the
A compensation consultant recommends that a restaurant do the following:1) Keep accurate wage and hour records and retain them for at least a year; 2) Pay table servers $2.13/hr and require them to share their tips with other employees; 3) Require employees to pay for their own uniforms
The plaintiff was a loan underwriter. Underwriters approve loans to customers, subject to strict guidelines established by the bank. He alleged that he frequently worked more than 40 hours per week during his approximately four years with the bank, , but did not receive overtime pay. The bank
Pipe fitters working for a fire sprinkler company made daily trips to the company’s warehouse to retrieve tools, equipment, and supplies that they needed for the jobs they were working on that day. At the end of the workday, they returned to the warehouse to unload the tools and any unused
To properly comply with the FLSA’s overtime pay requirements, how should employers deal with performance-based bonuses earned on an annual basis?
The plaintiff, a female computer programmer, was hired as a Data Analyst with a salary of $46,000 per year. She had a bachelor’s degree in mathematics and nearly 7 years of programmer experience. She consistently received excellent performance appraisals and was known as an expert on a particular
A wholesale food distributor employs night shift “captains” at its warehouses. Captains are paid salaries of $700 per week. Each captain supervises a team of three to six “pickers.” These are employees who retrieve items and load them on trucks for delivery. Captains and their teams report
How should employers who need employees to be on-call structure these arrangements to conform with the law while minimizing overtime liability?
A female worked for a city government as an “HR Analyst – classification and compensation.” She earned a salary equivalent to $31.01 on an hourly basis. A male HR Analyst working for the same city at the same time earned a salary equivalent to $32.93 per hour. The job descriptions for their
Construction workers were hired to complete a building project at the Miami International Airport. In order to get to the work site, the workers had to pass through a security checkpoint and then ride authorized buses or vans supplied by the construction company. Workers signed in when they reached
A human resource manager earned an annual salary of $41,548. She was promoted to a different position paying $45,600. Her replacement, a male, was hired from outside the company at $62,500. The company explained that the higher pay was because the male was the most qualified candidate available for
Plaintiff Helton began working for AT”&T in 1980. In April 1997, she book paid vacation time, and after that was exhausted, an unpaid leave of absence fro AT&T to open a home-cooking restaurant. She formally resigned from the company on May 31, 1997. At the time she left, she correctly
An employee with a history of coronary artery disease underwent a difficult operation for her condition. Several weeks later she was re-hospitalized, suffering from a severe staph infection in the area of the incision from her earlier surgery. She became seriously ill and is now disabled. She
Following a corporate merger, an employee received several written communications from the company stating that the date of first service that would be used in computing his pension benefit was 1980. This was the year in which the employee had begun to work for a company that was subsequently
The administrator of a group health insurance plan reports the following: 1) An employee has informed us that his divorce has been finalized. At his request, we have changed him to individual coverage. 2) An employee was terminated effective September 1, 2012. We sent notice of his right
Two union locals merged. Both had defined benefit pension plans. The details of the plans differed, including whether lump-sum distributions of benefits were allowed. Following the merger of the unions and their pension plans, the merged plan allowed for plan participants who were formerly members
In 2000, the Ford Motor Company “spun off” its automotive parts subsidiary Visteon. This resulted in the transfer of some salaried employees from Ford to Visteon. In 2006, Visteon transferred some of its facilities back to Ford. In 2008, Ford conducted a major reduction in force. It offered
Suppose that you are an employer with 110 employees and a group health plan. How will the new health insurance law affect you? Is it worth your while to avoid making changes that affect the grandfathered status of your plan?
Current and former employees of ABB, Inc. who participated in two ABB retirement plans governed by ERISA sued, alleging breach of fiduciary duties of the plan’s administrators. The trial court entered judgment against ABB and Fidelity for breaching their fiduciary duties, and they appealed.1.
An employee was terminated in the aftermath of a change of ownership at a company, The employee’s wife had breast cancer at the time and he wanted to maintain health insurance coverage for the two of them. He asked at the office whether he would be able to continue coverage after his termination.
What specific steps should employers take to administer continuation of health insurance under COBRA?
Would you recommend that an employer with a 401(k) plan automatically enroll all of its employees in that plan? If so, how should this be done?
A county government decided to establish a wellness program for its employees. The program included completion of an online health risk assessment question aire and a bio-metric screening including testing blood for glucose and cholesterol levels. Employees who did not complete the annual question
During bargaining over a new contract, the company presented demands for smaller wage increases, discontinuation of its 401(k) contributions, and elimination of company-provided meals. When the union representative asked whether the company could not afford the union’s proposals, the general
How should employers respond to strikes? What factors should employers consider in deciding how to respond?
What does the McWane saga tell us about the limitations of each of the following as means of protecting the safety and health of employees?
A long-time employee received a negative performance appraisal after some other employees and a customer had complained about him. The employee was presented with the choice of either retiring with a severance package or being evaluated under a 30-day performance improvement plan. The plan would
Shelley Evans-Marshall was a high school English teacher. She assigned Ray Bradbury’s Fahrenheit 451 to her ninth graders. To explore the book’s theme of government censorship, she distributed a list compiled by the American Library Association of the “100 Most Frequently Challenged Books.”
A beverage distributor announced that it was consolidating its operations and closing one of its unionized facilities. The union subsequently entered negotiations with the employer over the effects of the closure on employees. Six drivers heard that there would be a negotiation session held later
How should employers with employee-involvement programs structure those programs so as to not run afoul of the NLRA?
A.) A manager hears from a supervisor that a union organizing campaign is underway in his company. The manager hastily contacts his attorney. He receives the following advice:1) Identify the “ring leaders” and order them to come to your office for a lengthy “discussion” with management. It
MasTec installs and maintains satellite television equipment under contract with satellite television providers like DirecTV. It was advantageous to MasTec and its contract companies to get customers to connect the satellite receivers being installed to active telephone land lines. MasTec
During a union organizing campaign, two employees eating lunch in the dining room asked other employees whether they would like to sign cards indicating their support for the union. The vice-president for HR was also eating lunch and observed the encounter. She approached the employees and said
What kind of distribution/solicitation policy would you recommend that an employer adopt? Regarding e-mail use? What are the potential consequences of adopting highly restrictive policies?
Employees of RELCO began to discuss forming a union, to which RELCO was adamantly opposed. There began a series of interactions which ultimate led to the firing of four employees, all of whom had been active in supporting the formation of a union. The NLRB found that substantial evidence supported
A union organizing campaign was underway at a company that makes parts used by auto manufacturers. A high company official held monthly meetings with workers. Statements made during these meetings included “If we got [a] Union into the plant [auto makers] wouldn’t probably do business with us
How should an employer respond to a request for voluntary recognition by a union? Are there any advantages to an employer of using the card check procedure and remaining neutral?
A union and employer engaged in negotiations over the replacement to an expiring labor agreement. At the outset of the negotiations, the company’s negotiator informed the union that the company would not negotiate beyond the expiration date of the existing agreement (about a month and a half
During an organizing campaign that included the distribution of literature by union organizers outside of a grocery store, the store manager received some complaints from customers who objected to being approached. The store made up a customer flier with a $5 coupon on one side and an apology for
A union member was terminated. The union filed a grievance on his behalf. Believing that the employer might have fired this employee while retaining other employees who had committed comparable offenses, the union requested that the employer provide information about the disciplinary records of its
A trench collapsed at a construction site, causing the death of one employee and serious injury to another. The trench was 10-12 feet deep, 3-4 feet wide at the bottom, 13 feet wide at the top, and 40 feet long at the top. There was only one means of entering and exiting the trench and ground water
Outside of a Wal-Mart store in Valley Stream, New York, some 2,000 eager shoppers had been gathering for hours in the cold and dark as they awaited the store’s 5 AM opening for its post–Thanksgiving Day sale (aka “Blitz Day”). The crowd became increasingly unruly and Wal-Mart even called
How should employers respond to OSHA inspections?
On February 24, 2010 Sea World trainer Dawn Brancheau was killed when a killer whale dragged her off a platform during a performance before a live audience at Sea World in Orlando, Florida. Brancheau suffered traumatic injuries and drowned.The Secretary of Labor issued three citations to Sea World
A police officer drowned while saving a 12-year old boy who had fallen into a fast-moving river. The officer was able to save the boy’s life but suffered an injury in the process and lost his own life. On the day of the rescue, the officer had taken a personal day, was off duty, and was
A young employee of a fast food restaurant injured himself and two other employees when he placed water in a pressurized deep fryer in an attempt to clean it, heated the water, and then opened the lid. His actions were contrary to explicit instructions in an employee handbook, a warning label on
A woman worked out of her home full time in accordance with a long-standing telecommuting arrangement with her employer. On the day in question, she had been working and stopped to make some lunch. While preparing lunch, her doorbell rang and she answered the door. The person at the door was a
What should an employer do when an injury occurs in the workplace? How should accidents be investigated?
Employee Rodriguez injured herself at work after falling down a flight of stairs. The stairs were not slippery or obstructed in any way. Rodriguez did not trip, slip or lose her balance, and Rodriguez was not experiencing a headache, neck pain, dizziness, or vision problems. However, after the
Three emergency medical services employees were returning to their office in an ambulance after having had lunch. An EMT in the rear of the vehicle turned on the power to a manual cardiac defibrillator, adjusted its energy to a high setting, and picked up the defibrillator paddles. He jokingly told
Rachells, a Cingular wireless salesman, consistently sold more and received sales awards and accolades than any of his colleagues between 1999 and 2003. In 2004, Cingular acquired AT&T Wireless Services, and the company prepared to downsize from 9 salespeople to 4. As a result of this process,
An employee was diagnosed with bipolar disorder. Following a period of leave after an “emotional breakdown” at work, she informed her supervisor and co-workers of her condition and asked for their understanding as she was seeing a therapist and dealing with medication issues. However, her
How should employers deal with situations in which performance problems might be related to employees’ disabilities?
A company’s manual for its supervisors instructs the following regarding performance appraisals:“Conducting performance appraisals is a very important part of your job as supervisor. Be sure to consider all aspects of employee’s jobs when appraising their performance. It is best to approach
The plaintiff was a 48 year old assistant store manager who had worked for the company for 17 years. He was denied promotion to a store manager position on several occasions. Younger employees, some of whom he had trained, were promoted instead. Wal-Mart said that he did not receive the promotions
Over a four-year period, a high-level manager received consistently positive performance reviews from her direct supervisor, earned bonuses, received sizable annual salary increases, and was promoted to the senior leadership team. Some criticisms were made of her interpersonal dealings with others,
Would you recommend that an employer use a forced distribution approach to performance appraisal? What are the pros and cons?
A new employee who joined the work site one week after the start of the project, was not given the safety training that the others received, especially with regard to high-voltage power lines. As the employee approached the power line with a metal tool in his hand, he electricity sparked from the
A woman who was born without a left arm below the elbow has a job that includes entering data relating to a scanned image into a computer, preparing papers to be scanned, maintaining a copy machine, running a low-speed scanner, and ordering office supplies. With several accommodations, she performs
Would you advise an employer to use training contracts? Under what circumstances? What might such contracts look like?
Plaintiff, who was born missing a left hand, applied at the school district for a job as a cook, but was persuaded to apply to become a school bus driver, as they needed school bus drivers. The school district checked with the state to see whether she would qualify, given her missing hand, and
An African-American woman worked as an elevator construction “helper.” She aspired to become a “mechanic.” In order to become a mechanic and earn much higher pay, she had to successfully complete an apprenticeship. The apprenticeship program was overseen by a joint labor-management
Injury rates, and particularly fatal injuries, are especially high for Latino workers. What are some things that should be done to make training and other safety measures more effective for this group?
An employer, suspecting that one of his employees (Miller) was engaging in conduct detrimental to the operation of his office installed a camera to watch her, first in the reception area, then in the bathroom. But in the bathroom, the employer said, the equipment never worked, and he could not see
An employee with attention deficit hyperactivity disorder (ADHD) applied for a job and was hired, conditional on his satisfactory completion of a pre-placement medical screening that included a medical history questionnaire. The employee completed the screening and asserts that he answered the
What might a workplace privacy policy look like? What issues should it address? What should it say about those issues?
Plaintiff worked as a nurse and paramedic for MONOC. A coworker, Ronco, who was a Facebook friend of Plaintiff, took snapshots of her FB postings, and sent them to their manager, Caruso. When a shooting by a white supremacist occurred, his victims died, but he did not, and commenting on that
The director of a residential facility for neglected and abused children learned that pornographic web sites had been viewed from at least two computers in the facility during the night. The facility had a computer systems policy that prohibited the viewing of such sites and stated that the
How, if at all, should employers go about monitoring the Internet activities and other computer use of employees?
An employee with only a month or two on the job became confused about how to conduct a particular transaction. To mollify a customer who had become irate, the employee gave the customer an unauthorized ten percent discount. This came to the attention of a store security manager who asked the
An employee was issued a Blackberry by her employer. She was told that she could use it for both work and personal e-mail the employee had a Gmail account that she used for personal communications. When she left for another job, she returned the Blackberry. It was her understanding that she had
Who should conduct workplace investigations? What are the pros and cons of using internal versus external investigators?
Under what circumstances should employers bring suspected criminal conduct by employees to the attention of law enforcement authorities?
A woman worked in a dentist’s office as a dental assistant. One morning, she walked into the hallway in the office and saw the dentist with his pants down and masturbating. Another female working in the office also saw the dentist. The woman remained in the office to finish taking care of a
Should employers offer employees the choice between resigning or being terminated? Under what circumstances?
A human resource manager offers the following advice regarding terminations: 1) Tell them that they are going to be fired immediately, but that you will let them resign instead so that it will look better for future employment. 2) It’s important to be decisive. Once you decide that a
After about a year working as a “charge-back analyst,” an employee was approached by managers about applying for a “sales administrator” position that would soon be vacant. She was reassured during the interview that she would receive training for the position and that she would overlap
Following a change in the composition of the school board, the finance coordinator for a school district was reassigned to the (newly created) position of food services assistant. As finance coordinator, she was a member of the management team that was in charge of finances for the entire school
Should employers issue employee handbooks? If so, how should handbooks be constructed? Disseminated to employees?
A marketing employee of a nursing home observed her supervisor and another coworker forging documents to indicate that staffers of the nursing home had received dementia-specific training, which they had not. The facility was a dementia-specific facility. The employee reported the matter internally
A pharmacist worked at a drug store in Michigan. He experienced an armed robbery at the store. Not surprisingly, this made him more concerned about security at work. He asked the drug store (which was part of a large national chain) to take a number of steps to improve security (e.g., adding a
How should employers respond to whistle blowing by their employees?
A 67-year old woman worked as a vice president of a company. She had a two-year employment contract that permitted her to resign at any time by doing so in writing and with thirty days advance notice. Under her contract, the company could terminate her employment either for cause (without severance
An employee who believed her supervisor, the VP of Communications, was using company funds to pay for, among other things, illicit relations with soldiers she met through the company’s pen-pal program with members of the military. The employee reported these activities anonymously, but later
Budget concerns led a city fire department to eliminate its dive team used for water rescues. Two drownings occurred shortly after the dive team was disbanded. A firefighter who had been a member of the dive team spoke for eight minutes during the public comment segment of a regular city council
Plaintiff Lane was hired to be the Director for the Community Intensive Training for Youth (CITY) of the Central Alabama Community College. He was a probationary employee. As he took office, CITY faced significant financial difficulties, which led Lane to conduct a comprehensive audit of CITY’s
The human resources director of a company learned of complaints from two IT Techs about their classification as exempt employees, which rendered them ineligible for overtime pay. The HR director researched the issue for several days and came to the conclusion that the employees were probably not
Former employees of the Macon County Greyhound Park (MCGP) sued for violations of the WARN Act for MCGP’s failure to give 60 day notice of plant closing or mass layoff. MCGP maintained that no warnings were required under WARN because the actions did not constitute a mass layoff or plant closing
A car dealership informed its employees in a written memo on September 26, 2007, that the business would close on October 7, 2007, unless a new owner could be found before then. The memo also said that it had not been possible to provide notice any sooner because intense efforts to sell the
What are some feasible alternatives to downsizing? If downsizing must occur, what criteria should be used to select those individuals who will be downsized?
A large company is planning to downsize. A consultant suggests the following:1) It makes sense to focus on one of your unionized plants. We suggest that you reduce the 300 employees at that plant to 100. Some of the components that you produce at that plant can be made at your non-union South
The plaintiff, a 57 year old female, was terminated from her position as a management consultant during a restructuring of the firm, allegedly because her expertise was not a good “fit” for the firm’s new business focus.1. What was the legal issue in this case? What did the appeals court
A 52-year-old employee with 34 years on the job was terminated by Boeing during a RIF. Under the “Redeployment Selection Process (RSP)” used by the company, the supervisor compared the performance of employees on nine criteria, rating them on each criterion with a 1-5 scale. The 52-year-old was
Should employers use non-competition agreements or other restrictive covenants? If so, under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer?
Plaintiff Suresh, a product engineer, sued her former employer, NanoMech (an R&D firm creating nano-technology), when it alleged she violated the terms of a Non-Disclosure (NDA) agreement and a covenant not to compete, and her new employer fired her. 1. What were the legal issues in this
A woman worked at a hospital as a benefits coordinator. She had no patient care responsibilities or direct contact with patients. A number of years ago, her daughter had a sever reaction to a flu shot and was subsequently diagnosed with multiple sclerosis. The daughter eventually died from problems
An employee worked for a pest control company. He quit to go to work for another exterminator. The former employee had signed a non-competition agreement stating that “The Employee will not engage directly or indirectly or concern himself/herself in any manner whatsoever in the carrying on or
A store held a July 4 barbecue for its employees. There were leftovers. The manager in charge said that he wanted the unused hot dogs and hamburgers to be placed in a break room freezer so that they could be used for a planned Labor Day barbecue. The next day, a store employee ate two of the
An employee worked for an agency that provides services to disabled persons in their homes. As employees sometimes needed to transport their clients to medical appointments and other places, the agency required that it service providers have “reliable transportation.” The employee had a working
The plaintiff in this case is a female who had worked in various capacities for a hotel chain, including temporary stints as a front desk “guest service representative.” Her performance was praised by a number of different supervisors. She was eventually offered a full-time position as a
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