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labor and employment law
Questions and Answers of
Labor and Employment Law
Maggie is 10 years old. Her parents are legal migrant farm workers. While her parents are picking fruit in the fields, the agribusiness that employs them provides day care for children such as
Henry is an avid adherent of a religious cult, which requires members to turn over all their property to the church elders. He lives in a communal setting owned and maintained by the church, which
Cindy is a saleswoman. Four days a week she is“in the field,” making sales calls. A typical work day, Monday through Thursday, begins with her reviewing her schedule at her kitchen table over her
Jerry is a security officer. He is paid by the hour to help protect celebrities. A typical evening shift involves riding in the limousine with a famous performer, accompanying her into the arena
Clara is the supervisor in charge of a fast-food restaurant.She has six cooks, dishwashers, and waitresses under her supervision. However, she herself often has to cook at the grill, load and run the
The plaintiff worked as the desk clerk in a motel. He had a long-term lease on a motel room and agreed to be available to assist late-night arrivals between 11:00 p.m. and 7:00 a.m. He billed the
Trammel worked for a computer software company.After five years of employment he sued, claiming he was never paid overtime, even though he was a nonexempt employee. The company raised the “highly
Tongring contends that because he was not compensated on a salary or fee basis in an amount greater than $455 per week, exemption does not apply. See 29 CFR 541.300(a). However, defendant community
A local bus company makes its money by transporting passengers to and from the local train station and to bus depots, where they catch interstate buses. The company runs no buses outside state lines
A university provided free housing for its male security guards but not for its female guards. The university claimed that its purpose was to ensure round-the-clock availability of public safety
The employee was employed as a “floating” pharmacist by a small chain of drug stores. As the floater, he was shifted from store to store to fill in for ill and vacationing regular pharmacists. He
The employee, an immigrant, filed a claim with state’s labor commission, claiming unpaid overtime entitlements. The employer then reported her immigration status to the Immigration and
Pursuant to the FLSA exception, which allows public employers to give their hourly workers compensatory time in lieu of overtime pay, a town provided its police officers with compensatory time
A company allowed its employees to take a half-hour lunch break. However, the break was uncompensated, and the employees were not permitted to leave the employer’s premises during the break.
The employer established a performance-based bonus plan under which workers who were not exempt from the minimum wage and overtime provisions of the FLSA were evaluated on various productivity
A volunteer ambulance company contracts with a for-profit corporation to provide drivers and emergency medical technicians (EMTs). The for-profit company then bills the volunteer ambulance company
Company A sells airtime and infomercials on television.It employs telephone callers at $9 per hour.Company B, which is owned by the same parent company, does telephone collection calling of its
The employer is a not-for-profit corporation that provides services to mentally retarded and developmentally disabled individuals. It operates residential group homes for its clientele. Each such
What remedies are available for violations of the minimum wage and overtime provisions of the FLSA? What penalties may be imposed for violations of the child labor prohibitions?
How does the DOL decide under the FLSA whether a child’s labor makes the child an employee?
What is meant by “oppressive child labor”? What is the significance of oppressive child labor under the FLSA?
What are the major exceptions from the overtime and minimum wage requirements of the FLSA?What are the tests used to determine whether an employee falls under one of those exemptions?
Do the DOL and/or the federal courts have jurisdiction to award liquidated damages? In what circumstances?
How has the DOL changed its approach to pursuing compliance with the FLSA from a company? How does this new approach affect employers?
Suppose that a unionized employee is fired on the grounds that her disability is work related and therefore, even with reasonable accommodations, she cannot perform the fundamental duties of her
In March 2009, the entire United States was in a furor over the fact that the beleaguered insurance giant AIG, which had just received hundreds of millions of dollars in bailout money from the
Plaintiff was employed in one of the defendant’s stores. She suffered a back injury and made a workers’compensation claim. When she was partially recovered, she returned to the store on a
A discharged U.S. Navy officer filed claims for back pay and reinstatement, claiming that he was wrongfully discharged after he refused, on religious grounds, to sign reenlistment papers that
A ski instructor and member of the ski patrol in the Oregon Cascades resort region was married to a woman who was HIV positive. When she developed full-fledged AIDS, she applied for and was awarded
Petitioner Metropolitan Life Insurance Company(MetLife) is an administrator and the insurer of Sears, Roebuck & Company’s long-term disability insurance plan, which is governed by the Employee
Cypress Mountain Coals Corporation entered into a collective bargaining agreement with the United Mine Workers of America under which the company agreed, among other things, to add disability
The administrator of a major corporation’s employee benefit plans filed suit, seeking to preempt claims by obtaining a declaratory judgment that certain sales personnel were not actually employees
A medical center sued a major insurance company in state court, contending that the insurance carrier had breached its contract with the center’s hospital by failing to reimburse it for the full
Plaintiff suffered a heart attack. He applied for Social Security disability insurance (SSDI). His claim was initially rejected, but he appealed and was successful on appeal. The Social Security
A terminated sales representative claimed he was fired because he was HIV positive. The company contended that he was let go due to intentional disrespect for his supervisors and contravention of
Plaintiff/truck driver was fired after he tested positive for use of marijuana on the job. Under applicable federal interstate trucking regulations, the driver had the right to a second test at the
Plaintiff was injured on the job when she was attacked by a coworker. She sued the employer on the basis of negligent hiring and negligent supervision. The employer sought dismissal of the lawsuit on
Plaintiff/employee suffered mental and emotional trauma but no physical injuries as the result of an armed robbery that occurred in the store while the plaintiff was on the job. Her posttraumatic
Plaintiff was fired by his employer, along with a coworker, as a result of a fistfight that the two of them conducted on the company’s premises.The plaintiff subsequently sued the employer for
Do you think that the Social Security system is economically sustainable in the 21st century?
Are there any arguments to be made for eliminating the rule that employees who are guilty of willful misconduct are ineligible for unemployment compensation benefits? New Jersey law only applies this
Most state workers’ compensation laws do not apply to injuries sustained when employees are commuting this rule?
In what way does the Affordable Care Act affect ERISA?
Part-time employees under the Affordable Care Act are those who work fewer than 30 hours. How does this classification open employers up to potential lawsuits?
In his opinion on the Affordable Care Act, Chief Justice Roberts made it clear that he was only ruling on the constitutionality of the act and nothing more.Do you think that the Affordable Care Act
Responding to a call alleging safety violations from a janitorial employee at the Toddler Togs garment factory, an OSHA inspector drives up to the back of the factory. A group of workers on break is
The High-Flier Aircraft Company manufactures small aircraft in a plant that features a 50-foot-high, arched roof; this accommodates an overhead crane to move the aircraft fuselages from one end of
The plaintiff in this case was employed by United Engineers and Constructors at its chemical weapons incinerator on the Johnston Atoll in the South Pacific.Due to the types of weapons handled at the
Plaintiff drove a bus for defendant Diversified Paratransit, Inc., which was in the business of transporting developmentally disabled adults and children from their homes and care providers to
We have seen in this chapter that OSHA shares responsibility for workplace health and safety with a variety of other federal agencies (such as the U.S. Coast Guard), as well as state and local
About one year later, Al-Arian was charged by federal law enforcement officials with raising money to support a terrorist organization, Palestinian Islamic Jihad, allegedly responsible for more than
Sami Al-Arian was a tenured professor of computer engineering at the University of South Florida. Early in 2002, the university terminated his employment, citing his public statements, reported by
Employees of the state’s Department of Environmental Management (DEM) complained to the state’s attorney general that their agency was not properly implementing the requirements of the federal
Because the availability of new plots was becoming very limited, a cemetery company in a major metropolitan area began selling single plots wherein a husband and wife ultimately would be interred one
Following an explosion and fire at an employer’s petrochemical facility, OSHA investigators interviewed numerous employees of the company. While OSHA’s investigation was still pending, the
The U.S. Department of Labor’s Wage and Hour Division audited an employer and determined that the company had committed violations of the minimum wage and overtime provisions of the federal Fair
An employee filed a complaint with the Occupational Safety and Health Administration, accusing her employer—a printing plant—of assorted safety violations. A few days after filing the complaint,
What procedures must be followed in issuing a citation under OSHA? What penalties may be imposed for violations of OSHA?
Is OSHA’s authority limited to mandating workplace practices? Can OSHA prohibit workplace practices as well? If so, explain why.
What is the purpose of workplace inspections under OSHA? What is the effect of the Barlow’s case on that purpose?
Can employees exercise the right to refuse to work under OSHA without fear of reprisal? If so, give an example.
Describe the procedures used to create permanent standards under OSHA.
What agencies were created by the Occupational Safety and Health Act, and what are the roles of those agencies?
During contract negotiations, the faculty union representing the professors at Springfield State University, a public university located in Springfield, Ohio, presented the school administration with
The staff auditors and clerks at the Federal Internal Revenue Service Processing Center in Andover, Massachusetts, are represented by the National Treasury Employees Union. During the months of
The depot had provided child-care services for both military and civilian employees through an on-site day-care center.The staff members at the day-care center were members of Local 144, and many
The nonprofessional employees at the federal Government Services Administration Center are represented by the National Federation of Federal Employees Union, Local
Houseman and Harmon have a contract with the Kentucky State Police to train forensic lab specialists.The state police received a large federal grant as part of the economic stimulus package and
The school teachers and teachers’ aides in the Syracuse City School District in Syracuse, New York, are represented by the Syracuse United Teachers, a union affiliated with the New York State
The American Federation of State, County and Municipal Employees, District Council 33, Local 934 (“appellant”), and appellee, the Philadelphia Housing Authority (“PHA”), are parties to a
Defendants, the County of Wayne and the Wayne County Chief Executive Officer (CEO), appealed the trial court’s orders granting partial summary disposition in favor of the plaintiff, Michigan AFSCME
The Combined Federal Campaign (CFC) is an annual charitable fundraising drive conducted in the federal workplace during working hours largely through the voluntary efforts of federal
Denver firefighters are city employees, subject to the supervision and control of the city manager, who is appointed by the mayor. In 1971, Denver voters passed an amendment to the City Charter,
On June 28, 2011, the New Jersey Pension and Health Care Benefits Act (Chapter 78) was enacted into law, L. 2011,c. 78—a law that applies to all public employees, including Supreme Court justices
Marjorie Rowland began working at Stebbins High School in Yellow Springs, Ohio, in August 1974. The school principal subsequently asked her to resign when it was learned that she had stated she was
In February 2010, the Central Falls, Rhode Island, school board decided to fire all its teachers at the end of that academic year. According to the Providence Journal, “Just an hour after the
In 2003, New York amended its Clean Indoor Air Act to prohibit indoor smoking in all “places of employment,” including workplaces of “the legislative, executive and judicial branches of state
On March 3, 2011, the Ohio Legislature passed a massive revision of the state’s public-sector collective bargaining act. The chief changes are described as follows:• S.B. 5 places significant
In April 1978, public employee Dorothea Yoggerst heard an unconfirmed report that her boss, the director of the Illinois Governor’s Office of Management and Human Development, had been
To what extent may states restrict the right of state public employees to join unions? To what extent may the right of state public-sector employees to bargain collectively be restricted?
What legal issues are raised by union security clauses in the public sector? Explain why these issues arise.
What restrictions are placed on the scope of collective bargaining under the FSLMRA? What procedures are available for impasse settlement under the FSLMRA?
Which federal employees are covered by the FSLMRA? Which federal agencies are excluded from the act’s coverage?
In what ways does the role of government as employer raise constitutional issues not found in the private sector?
McKelvie was hired as a production worker by Onondaga Pottery Works. The employer has a collective agreement with the Ceramic Workers Union that contains a union shop provision. McKelvie is glad to
Under a labor agreement governing construction work at job sites in California, Steamfitters Local Union No. 342 had the exclusive right to dispatch workers to contractor Contra Costa Electric.
Martin and Harris are employed by Stith Mfg. Co.but are not members of the union that represents the Stith production workers. However, they are required to pay an agency fee to the union under the
Darryl Green worked as a utility worker for National Edison and was a member of Local 222 of the Utility Workers of America Union. The collective agreement between National Edison and the union
Local 1357 of the International Brotherhood of Electrical Workers (IBEW) found Kellerman, the business manager and financial secretary of the local, guilty of spending $80,499.92 without proper
Fontana, the president of the National Association of Letter Carriers, Branch 1100, attended a union seminar in Las Vegas, Nevada. Another union officer in attendance reported back to other branch
In 1983, General Motors Corporation signed a collective bargaining agreement with the International Brotherhood of Electrical Workers, under the wage provisions of which new employees joining the
Suit was filed as a class action by 10 employees of the Kroger Company. These employees claimed that Teamsters International and Teamsters Local 327, which represented their bargaining unit, breached
Russell Blunden was a candidate for the office of president of Local 951 of the United Food and Commercial Workers Int. Union. Blunden ran against the incumbent president, Robert Potter.The election
Tyrone White was a member of the Multnomah County Oregon, Employees Union, Local 88 of the American Federation of State, County and Municipal Employees, or AFL-CIO (“Union”). In 2004, he was
Plaintiff Feist received a Coast Guard license as a third assistant engineer in 1974 and was accepted into the applicant program of the Merchant Engineers’Beneficial Association (MEBA) in 1975.From
The plaintiff, Joan Taschner, worked for Thrift-Rack, Inc., in its warehouse for nine years, from 1973 until September 1982. Teamsters Local Union 384 was at all times relevant to this action the
Because this misconduct occurred while White was still on decision-making leave probation, Detroit Edison terminated White’s employment. He received an official letter dated August 22, 2003,
The hearing panel concluded that White was absent from his work location without permission for approximately three and a half hours on July 23 and approximately two and a half hours on July
White was present at the hearing and was represented by Local
After inquiring into those early absences, Detroit Edison placed White on “decision-making”leave, which is paid leave where an employee is provided the opportunity to consider the future status
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