Labor Law cases assignment

This assignment will require you to read several cases. The first two cases, Sandifer v$.$ US Steel, $571$

U$.$S$.220(2014),$ and Kasten v$.$ Saint$-$Gobain Performance Plastics Corp., $563$ U$.$S$.1(2011),$ are

summarized in your text book on pages $658$ and $660-62(19$th ed$.)$ respectively.

A case that started here in Peoria, Staub v$.$ Proctor Hospital, $562$ U$.$S$.411(2011),$ is summarized in

your book on pages $667-69(19$th ed$).$ A complete copy of the opinion is also available on Canvas.

The questions for this assignment are:

$1.$ In Sandifer v$.$ United States Steel Corp., $571$ U$.$S$.220(2014),$ summary on pages $658$ of textbook

$(19$th ed$.),$ the Court addressed the issue of whether "time spent $[$a$]$ and $[$b$]$ various pieces of

protective gear" should be paid time.

The cause of action was brought under which federal law? $[$c$]$

$2.$ Multiple choice: The Court in Sandifer decided what about whether employees should be paid for

the time they spend changing clothes to protect against hazardous conditions at steel plants?

$3.$ Multiple choice: In Kasten v$.$ Saint$-$Gobain Performance Plastics Corp., $563$ U$.$S$.1(2011),$

summary on pages $660-662$ of the textbook $(19$th ed$.),$ plaintiff Kevin Kasten based his claim on

which type of illegal discrimination?

$4.$ Multiple choice: The opinion in Kasten held that any complaint about wage and hours rules:

$5.$ Proctor Hospital of Peoria is the defendant in this case, but, like all companies, Proctor only

functions by the actions of its employees. Who are the employees who created liability for Proctor

by their actions in this case? Complete the hierarchy chart for Proctor Hospital; person #$1$ should

be the highest level employee mentioned in the case; person #$5$ should be Staub's fellow coworker.

Choices: $($here in alpha order$)$

#$1$ Highest level employee Linda Buck

#$2$ Angie Day

#$3$ Michael Korenchuk

#$4$ Garrett McGowan

#$5$ Staub$$s coworker Janice Mulally

$6.$ Staub's duties in the United States Army Reserve protected his employment with Proctor by a

federal statute. What is the name of that statute?

$7.$ Proctor was alleged to be liable under the "cat's paw theory of liability," meaning that a biased

non$-$decision maker$($s$)($the monkey$)$ influences an unbiased decision maker $($the cat$)$ to take action

he or she would not otherwise take. That is$,$ the "culpable" actors control the "cat's paw."

In this case, who were the monkeys and who was the cat?

$8.$ Who won at the trial court level?

$9.$ Who won at the first level of appeal $($appeal by right$)?$

$10.$ The U$.$S$.$ Supreme Court lays out the elements required to show a violation of the federal

employment statute at issue in this case. Those elements, in the order presented, are:

$1.$ The employer, or agents of the employer, must be acting $[$a$]$ of their employment;

$2.$ Those actions by the agents were motivated by $[$b$]$;

$3.$ Those actions were $[$c$]($the "mental state" required$)$;

$4.$ Those actions cause an $[$d$]$ employment decision $($in this case, the decision was to do what? $[$e$]).$

$11.$ Sometimes a case has good evidence, and sometimes the evidence just isn't there. When the

evidence is not there, that doesn't mean a violation of the law did not occur; it just means the

plaintiff can't prove it$.($Although sometimes it does mean a violation of the law did not occur.$)$

In this case, there were two statements apparently made by employees of Proctor Hospital that

helped significantly in proving Staub's case. What were those two statements?

$12.$ There was also circumstantial evidence that supported Staub's case in the timing of an action by

one of the supervisors and the timing of an employment action. What was that evidence?

$13.$ Multiple choice: While the textbook summary of the case does not have additional opinions from

the other justices, Justice Samuel Alito, joined by Justice Clarence Thomas, wrote separately that

he would hold employers liable if the person making the firing decision "merely rubberstamps" a

biased supervisor's recommendation or when the decision$-$maker is "put on notice that adverse

information about an employee may be based on antimilitary animus but does not undertake an

independent investigation of the matter." This decision is best characterized as which type of

opinion?

$14.$ Who won at the United States Supreme Court?

$15.$ This question will require you to research beyond our book. Match the whistleblower$($s$)$ to the

company they blew the whistle on$.$

a$.$ Silkwood; her story was made into a movie for which Meryl Streep and Cher received

Academy Award nominations for Best Actress and Best Supporting Actress

b$.$ Mark Whitacre, who was as a cooperating witness for the FBI but eventually was sent to prison

for $9$ years in for embezzling

c$.$ Allan McDonald & Roger Boisjoly, who unsuccessfully tried to stop the fatal launch of space

shuttle Challenger

d$.$ Cheryl Eckard, who received $$96$ million herself for coming forward, one of the largest awards

ever paid to an individual whistleblower.