Employment And Labor Law 10th Edition Patrick J Cihon, James Ottavio Castagnera - Solutions

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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 Maggie. However, Maggie and the other children are often required to work in the farm kitchens, preparing
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 provides his food and clothing. He is required to work a 10-hour day in one of several
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 morning coffee. She then spends the rest of her days making her calls, returning home in the late
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 where she is performing, then sitting around backstage, while the show is proceeding. While the
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 dishwasher, and even occasionally wait on tables during particularly busy times or when workers
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 owner in 15-minute increments when called upon to service new arrivals or guests during that time
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 compensated” defense, conceding that, while most of the plaintiff ’s duties were nonexempt, he
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 college argues, the salary threshold does not apply to teachers, that is, those employees who are in
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 but is strictly local. Nevertheless, the company is regulated by the U.S. Department of
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 officers on the campus in case of emergencies, and therefore the housing was for its benefit and
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 was paid an hourly wage of $27 but no overtime, even though he sometimes worked more than 40 hours
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 Naturalization Service (now the Bureau of Citizenship and Immigration Services in the Department of Homeland
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 credits in place of overtime premiums. However, when police officers tried to “cash in” their
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. Nevertheless, these employees did leave their positions on the production line and eat in an employee
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 criteria. At year’s end, some of the company’s top performers were given lump-sum, onetime bonuses.
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 for the services of these employees. Sometimes, however, these very same drivers and EMTs provide
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 clients’ debtors, paying the same hourly rate of $9.Employee C works 40 hours per week for Company A.
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 geographically separate house is under the sole charge of a house manager. The house manager’s job
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 position. The terminated employee subsequently files for and receives disability benefits under the
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 U.S.government, had paid out $165 million in performance and retention bonuses to key executives.If you
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 light-duty assignment that allowed her to work four hours per day. Upon her return, coworkers made fun of
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 required him to use his Social Security number as his personal military identification number. He argued
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 Social Security disability benefits. After the instructor’s employer learned of his wife’s
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 Retirement Income Security Act of 1974 (ERISA).The plan gives MetLife (as administrator) discretionary
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 pensions to its existing obligations under the union’s multiemployer pension plan. The plan documents
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 and therefore were not entitled to benefits under the plans. The personnel in question performed
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 contractual amounts when the hospital rendered services to the carrier’s insured patients. The
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 administrative law judge found that plaintiff was unable to perform the work he had done in the past.
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 company rules. On appeal of the unemployment referee’s decision, the state superior court ruled that
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 employer’s expense within 72 hours of the positive result. The employer failed to advise 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 the ground that the attack was a work-related accident that is covered by the exclusivity
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 stress disorder was manifest by nausea, cramps, confusion, and the side effects of her prescribed
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 wrongful discharge, claiming that he was only defending himself and that the state’s public policy
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 ineligibility to the first six weeks of unemployment.What do you think of this rule?
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 is a wise and effective law that should be retained? Or should it be repealed, in whole or in part?
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 sitting around on the loading dock, smoking and eating snacks. The inspector introduces himself. One
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 assembly line to the other. During the recent economic downturn, orders for executive jets for
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 facility, the court observed, “the working conditions . . . are probably as dangerous as any
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 various day-care centers and schools. One such adult client harassed the plaintiff regularly, including
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 governmental bodies and even private rights of action (as in the secondhand smoke cases). In this case,
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 100 murders in Israel and the Israeli-occupied territories.Does this indictment strengthen the
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 the media and broadcast on TV, in support of Islamic jihad.The university claimed in terminating
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 Solid Waste Disposal Act. DEM fired them after it learned of their complaint.The Solid Waste Disposal
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 on top of the other. When the first spouse died, a grave was excavated to a depth sufficient to
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 company sent the agency a Freedom of Information Act (FOIA)request, asking for transcriptions of all
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 Labor Standards Act (see Chapter 22). The company wished to appeal this determination.The firm’s
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, she held a lunchtime meeting with her coworkers in an effort to get them to protest their work
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 a demand that the teaching load for faculty be limited to no more than three courses per semester.
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 February, March, and April, the employees are required to work 12-hour shifts to process the huge volume
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 other union members sent their children to the day-care center. In April 2009, the depot’s director
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 decided to use the grant to train more forensic lab specialists for the police crime lab. Rather than
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 United Teachers. The teachers’ union and the Syracuse School District have not had a contract for three
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 collective bargaining agreement (CBA) governing the wages, hours, and working conditions of PHA’s
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 Council 25, on its claim that the defendants unlawfully imposed a wage reduction for county
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 employees.Participating organizations confine their fundraising activities to a 30-word statement submitted by them
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, granting Denver firefighters the right to collectively bargain with the city over certain working
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 and Superior Court judges then in service. Article VI, Section 6, Paragraph 6 of the New Jersey
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 bisexual. When she refused, the school suspended her but was forced to rehire her by a preliminary
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 rally, the Central Falls school Board of Trustees, in a brief but intense meeting, voted 5–2 to fire
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 government and any political subdivision of the state”[N.Y. Pub. Health Law § 1399- o(1), n(2)].
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 restrictions on the subjects that can be brought to the bargaining table for public employees.
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 discharged.While still at work, she asked a coworker, “Did you hear the good news?”Yoggerst was orally
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 have a job after being unemployed for several months, but she strongly objects to joining the union
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. Shears, a member of the union for 27 years, was registered for employment through the union’s hiring
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 collective agreement between the union and the employer. A portion of the agency fees they pay goes
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 provided that employees who have been employed for one year or longer can only be discharged for just
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 documentation and authorization, in violation of the IBEW constitution and the local’s bylaws, rules,
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 officers that Fontana had failed to attend classes at the seminar and had charged personal expenses on
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 bargaining unit were to be paid at a different (lower)hourly rate than current members. A so-called
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 the union’s duty to represent all members of the collective bargaining unit fairly. The employees
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 was conducted by mail ballots, which were sent out to approximately 33,000 union members on August
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 appointed by Marla Rosenberg, the Union president at that time, to serve as shop steward for the
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 1975 on, he served aboard vessels as a licensed third engineer, completed additional schooling, and
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 exclusive bargaining representative for the employees of Thrift-Rack.In September 1982, the plaintiff
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, informing him that he was discharged. White filed a grievance over his discharge, but after a hearing on
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 of his or her employment with Detroit Edison.Decision-making leave is considered serious discipline,

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Employment And Labor Law 10th Edition Patrick J Cihon, James Ottavio Castagnera - Solutions

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