Jeremy Hoven was employed as a pharmacist by Walgreen Company (Walgreens). Hoven experienced an armed robbery at
Question:
Q1: Did Walgreens violate public policy when it terminated Hoven as an employee? Explain.
2. Fair Labor Standards Act
Integrity Staffing Solutions, Inc. (Integrity) provides warehouse staffing to Amazon.com throughout the United States. Integrity warehouse employees retrieve products from shelves and package those products for delivery to Amazon customers. Integrity requires its employees to undergo an after-work antitheft security screening before leaving the warehouse at the end of each day. During this screening, employees remove items such as wallets, keys, and belts from their persons and pass through metal detectors. This process takes about 25 minutes. Jesse Busk and Laurie Castro, who worked as hourly employees of Integrity in Nevada warehouses, brought a class-action lawsuit alleging that Integrity violated the Fair Labor Standards Act (FLSA) by not paying workers for this time and therefore owed them pay for the time spent during the security screenings.
Q2: Is the time spent waiting for and undergoing the security screenings compensable under the FLSA? Explain.
3. Overtime Pay
Congress enacted an exemption to the Fair Labor Standards Act (FLSA) overtime pay requirements that specifically applies to businesses engaged in selling vehicles or implements to consumers. The exemption provides that the FLSA overtime pay rules do not apply to "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers."
Hector Navarro worked as a service advisor for Encino Motorcars, LLC (Encino) in a Mercedes-Benz dealership in California. Service advisors interact with customers and sell them services for their vehicles; suggest repair and maintenance services; follow up with customers as the services are performed; and explain the repair and maintenance work when customers return for their vehicles. Navarro and other service advisors sued Encino for back pay, alleging that Encino had violated the FLSA by failing to pay them overtime. Encino defended, asserting that service advisors are exempt from overtime pay.
Q3: Are service advisors exempt employees, for the purpose of overtime pay? Explain.
4. Workers' Compensation
Abigail Caudle was a 26-year-old apprentice electrician who worked for Raven Electric, Inc. (Raven). Raven was hired to complete the electrical work in remodeling a building in Anchorage, Alaska, where the electricians were to tear out old light fixtures. Raven did have temporary lights set up at the job site, so the light switches Caudle was working on were turned off, but no one had turned off the power at the electrical panel or otherwise disconnected power to the lights. Caudle began to remove the wire nuts from a light fixture and was electrocuted. Caudle was pronounced dead at the hospital less than an hour later.
Raven carried workers' compensation insurance. Because Caudle was unmarried and had no dependents at the time of her death, the Alaska Workers' Compensation Act limited Raven's liability to $10,000 in funeral expenses and the payment of $10,000. Marianne Burke, Caudle's nondependent mother, filed a workers' compensation claim seeking death benefits as a dependent, claiming that in the future she could have been dependent on her daughter.
Q4: Is Burke entitled to workers' compensation death benefits for her daughter's death? Explain.