Questions and Answers of Labor and Employment Law

What is the most important factor which distinguishes the tort of invasion of privacy from the tort of defamation?
Taking into account all the new technologies in the workplace, as compared to even fifteen or twenty years ago, and considering the events of September 11, 2001, in general, is employee privacy or
Does genetic testing have any legitimate place in a company’s human resource policies today?
When should an employer refer the investigation of alleged employee wrongdoing to outside experts, such as attorneys, HR consultants, or private investigators? When should the matter be referred to a
What are the pros and cons of placing awritten record of every counseling session between a supervisor and his/her subordinate into the subordinate’s personnel file?
In this chapter, we briefly examined several cases in which the employer’s surveillance was challenged as an alleged invasion of employees’ privacy. Are there circumstances under which an
What if the plaintiff-employee, who is suing her employer, is guilty of eavesdropping? In a recent case, female firefighters filed employment discrimination action against city and individual
Television writers filed class-action lawsuits against studios, networks, production companies and talent agencies, asserting an industry-wide pattern and practice of age discrimination. The writers
Two employees sued an employer, who had placed a surveillance video camera in an office that employees shared, for invasion of privacy, intentional infliction of emotional distress, and negligent
On February 6, 1991, the decedent Daniel Boyle, a police officer for the city of Philadelphia, died as a result of a gunshot wound to the head, sustained in the course and scope of his
Wahkiakum School District required its student athletes to refrain from using or possessing alcohol or illegal drugs. Beginning in 1994, the school district implemented myriad ways to combat drug and
The University of Wyoming employed Corrine Sheaffer for more than twenty-five years. However, in February 2004, UWterminated Sheaffer from her position as transportation and parking services manager.
The State of Vermont appealed the Vermont Labor Relations Board’s decision, reinstating grievant Lawrence Rosenberger to his position as a game warden and awarding him back pay after he was
Plaintiff Richard and three other Lafayette police officers had performed authorized off-duty security work at Club 410, a nightclub located in downtown Lafayette, Louisiana, for some time. Richard
On the night that other police raided the club and confiscated illegal drugs, Richard received a phone call from the club.On the basis of that call, the ten-year veteran was subjected to a non-random
This action arose from a dispute between political opponents. The plaintiff Derith Smith alleged that Charles Stewart, the village manager, wrongfully terminated her during her employment with the
Assume that an employer’s computer-use policy permits employees to use their company-owned laptops for personal e-mails and Web searches, provided such use does not interfere with company business.
Suppose that a 25-year-old woman, whosemother and aunts all were afflicted with breast cancer by the time they were 45, has a genetic test conducted at her own expense. The test reveals that she has
A web site reads as follows: “Need to pass a Drug test?Our detox online store is here to help you! Pass a drug test now! Results are guaranteed!!! Our drug detoxification products are produced by
Beginning a mere week after the terrorist attacks of September 11, 2001, envelopes packed with anthrax spores started turning up in people’s mailboxes. Two of those people were sitting U.S.
Pat was a certified registered nurse anesthetist who worked at a hospital. Pat met with his supervisor regarding his job performance. His supervisor told Pat of complaints he had received from
Can you think of any public policy reasons why the courts developed the concept of employment at will in 19th century America? In thinking about this question, consider that the U.S. Congress made
How did new technologies combine with the arrival of millions of unskilled immigrants from Ireland, and later southern and eastern Europe, impact the relative bargaining power of capitalists and
Imagine that the Supreme Court during the 1930s had staunchly refused to change its view and continued to declare almost all New Deal labor and employment laws to be unconstitutional, as the Court
Granting that organized labor has been guilty of abusing its power, and that when it was on top, some unions were aligned at times with the Mafia or with the American Communist Party, on balance do
Explain the Supreme Court’s attempts in the Alexander and Gilmer cases to balance private arbitration with public legal remedies, such as government agency and court cases. Do you think the Court
Although many federal (and state) laws, such as OSHA and ERISA, establish important rights for all American workers, we’ve noted some significant gaps, such as the absence of universal health care
Does the prevalence of medical tourism suggest that the United States and/or American business have let down the American worker?
Do you agree with the decision of the federal government, first under the Bush Administration and then under President Obama, to bail out failing financial companies? Did the behavior of companies
Explain the roles that the courts play in creating and/or implementing labor and employment law. Do any of the roles you can identify amount to unreasonable intrusions into the roles of Congress and
Of the legislative goals of the Obama administration identified above, which ones do you support and which do you oppose? Why?
Are there any laws not on the Obama agenda that you would like to put there?
Do you believe that free trade is a benefit or a detriment to American workers in the long run? To organized labor?
What were some of the socioeconomic conditions in 19th century America that led the majority of state courts to adopt the legal principle of employmentat-will?
What changes occurred in American society during the 20th century that may have encouraged the majority of state courts to carve out exceptions to the pristine employment-at-will doctrine?
Of the three most widely adopted exceptions to the employment-at-will doctrine—public policy, implied contract, good faith and fair dealing—which would you accept and which would you reject if
Is it preferable to change the law by enacting a statute, such as the Model Employment Termination Act, or for a state’s Supreme Court to make the change by judicial fiat in a court decision?
Given that under the Sarbanes-Oxley Act a corporate official who retaliates against a whistleblower may be put in prison, what penalties should be imposed upon a so-called “whistleblower” who
The company’s employee handbook stated clearly that employment at the firm was strictly on an at-will basis. However, at other spots, the same handbook laid out policies for progressive
An at-will employee was fired for taking unpaid medical leave while his physician was trying to determine whether he had contracted tuberculosis.The employee claimed that the company’s human
The corporation’s vice president complained to the board of directors about what she perceived to be potential violations of state and federal antitrust laws by the corporation. The CEO, on
The in-house legal counsel for a corporation, like all top members of management, signed an employment contract when he came to work for the company. The contract stated, among other things, that any
Wisconsin statute prohibits corporate employees from falsifying business records. A company’s CEO requested that the company’s payroll clerk cut her a bonus check without making any payroll
The Iowa Civil Rights Act prohibits firing an employee in retaliation for opposing a discriminatory practice. The plaintiff in this case was fired not for opposing any such prohibited, discriminatory
The Oklahoma State Insurance Fund (SIF) hired the consulting firm of Alexander & Alexander to review the SIF’s operations and recommend a reorganization plan. Ultimately, the consultants
A secretary employed by a local branch of the United Food and Commercial Workers Union was a vocal supporter of California Proposition 226, a statewide ballot initiative which, if enacted, would
The plaintiff alleged that she had been fired for refusing to have sex with her supervisor.Unfortunately for her, because the firm she worked for was tiny, it did not fall under the jurisdiction of
Assume that the defendant in Case Problem 14 is a law firm and the alleged harasser is an attorney practicing before the Utah bar. Assume further that the state Supreme Court has enacted a code of
Deborah, a registered nurse, was a member of the“Blue Team” in the ER of her hospital. The team’s supervising physician believed strongly that team cohesion and esprit de corps were essential
Boris was a physician on the staff of a city hospital.He was an at-will employee. He was a recent immigrant from an East European country which had a health-care system that was years behind that of
Stanley sold prefabricated steel sheds. One day he learned that a shed similar to those he sold had collapsed, killing a worker who was inside the structure at the time. Stanley went to his
Mindy and Fred work for a large retail chain. The chain’s billionaire owner is a staunch fundamentalist Christian. He requires his stores to enforce rules of conduct that include forbidding
Janice signed an employment contract under which she agreed to be the CEO of a new company, which planned to provide some very advanced software programs to the financial services industry. She also
Define defamation. When is language defamatory?Into what two torts is defamation divided?
Give some examples of absolute and qualified privilege with regard to invasion of privacy and defamation as they may occur in the workplace.
Explain the differences between intentional and negligent infliction of emotional distress. How are they handled differently by the courts and why?
How is tortious interference with a contract different from breach of contract? Do the two concepts come together in a case of wrongful discharge?
Are there circumstances in which a demotion could constitute a breach of contract, whether or not the demotion is retaliatory?
A regional vice president directly supervised thirtyfour employees and had indirect supervision of more than 400 others. She also managed an annual budget of $20 million and made company policy in
A popular disc jockey signed a three-year contract with a radio station under which she agreed that if she quit her job at the station, she would not go on the air with any competing station for at
Assume that in problem 7, the disc jockey’s contract with her former employer contained a provision that all disputes will be subject to arbitration. Should this provision prevent the radio station
A physician at the University of California was removed from the chairmanship of the university hospital’s radiology department in the wake of accusations of financial improprieties. A quarter
A supervisor was accused of sexual harassment by one of his subordinates. After an investigation, the company fired him. Contending that he was innocent, the supervisor sued his former employer,
Randy Curtis worked for St. Onge Livestock Company as a field man, soliciting customers to sell livestock through St. Onge. In time, he worked his way up to manager of the company. Twice he discussed
The employer was in the business of transporting developmentally disabled adults and children from their homes and care providers to various day-care centers and schools. Over a three-year period, no
Faquir began working for the Los Angeles Bureau of Sanitation in 1979, as a sewer maintenance laborer.By 1992, he was a wastewater collection supervisor and seeking a promotion to wastewater
Trosper filed a complaint alleging the following: Bag‘NSave employed her as a “deli manager.” During the course of her employment, she suffered a work-related injury which required medical
Around July 2002, defendants’ computer technician, Tom Foster, informed the defendants that he believed someone was accessing pornographic websites at night from some of defendants’ computers,
Fred, an off-duty police officer, became a bit intoxicated in his local bar one Saturday evening, and shot off his mouth. Among other things, he told everyone within hearing distance that his
Super Saver is a convenience store chain. Maggie Jones is a clerk who works the night shift in one of the company’s many stores. She and other employees who work nights have often asked to have
Barney is the winningest basketball coach in the history of Central State University. His five-year contract is set to expire at the end of this season. The university’s athletic director (AD) has
Dana was a highly conscientious environmental health and safety manager at Fiberoptics Corporation.One day a janitorial employee reported to Dana that he found a brown paper bag in a corner of the
Nancy Drew worked for Sam Spade as an assistant private detective. Sam generously taught her everything he knew about good detective work. He also allowed her to handle assignments for some of his
The collective bargaining contract between the National Machinists Union (NMU) and Life Bread Company set forth a “no fault” attendance program that assessed points for absences and tardiness
The Resort Hotel Association represents several member hotels in their dealings with the various unions that represent workers at the hotels. Every hotel hires professional musicians to play for
Carpenters, painters, plumbers, and maintenance workers of the Denver Hilton Hotel were members of the International Union of Operating Engineers (IUOE). The hotel’s five electricians were
Young, an African-American woman, sued the United Methodist Church under Title VII of the Civil Rights Act, claiming the church discriminated against her based on race and color in refusing to
INDUSTRIAL ACCIDENT When an employee is hurt and is absent as a result of an industrial accident, he/ she will not be charged with an absence. The contract provides a bonus for perfect attendance;
1. How did the Supreme Court rule in this case?2. What policy argument exists for granting federal employees, who are under investigation by their agency, the right to have active union
1. Utilizing the Chevron framework, how did the Court respond to the first question of whether Congress has “directly addressed the precise question at issue”?2. Did the Court find that the
In response to a complaint filed by an employee, OSHA dispatched a compliance officer to Genessee Valley Industrial Packaging.When the officer arrived at the shop, he was greeted by a truck driver.
De Trae Enterprises was employed as a masonry subcontractor at the Smithhaven Mall construction site in Lake Grove, New York. OSHRC found De Trae guilty of three separate violations of OSHA standards
The Philadelphia area office of the Occupational Safety & Health Administration obtained a warrant to conduct an inspection of the premises of Metal Banks of America, Inc. The OSHA area director
Carl Frost, a maintenance mechanic for the Firestone Tire Company, was told to install a temporary chute in the carbon black tower at his plant during the night shift. The chute, which was located 40
What activities can a compliance officer undertake on an inspection tour?
Distinguish between an occupational injury and an occupational illness under the OSH Act.
Under what circumstances may the Secretary of Labor bypass the formalities of OSHA and create temporary emergency standards?
What is the stated purpose of the Occupational Safety and Health Act of 1970?
1. Having bid the job based on 6-foot-wide trenches, and discovered that the gas-line obstruction would not allow use of the top trench box, was it a reasonable risk for the employer to utilize the
The UAW (union) filed a representation petition on May 15, 2000, to represent some 650 production workers at Stanadyne Automobile Corporation's plant in Windsor, Connecticut, and the Board scheduled
1. Is a successor under an obligation to hire the employees of its predecessor?2. Did the fact that there was a seven-month hiatus between the shutdown of Sterlingwale and the start-up of Fall River
1. Does an employer violate the NLRA by making a unilateral change in a “mandatory” subject of bargaining?2. Did the employer’s modification to the health care and life insurance benefits of
1. Why did the Supreme Court decide to hear the case?2. State the test the Court applied in determining whether the partial closing was a mandatory subject of bargaining.3. Did the Court conclude
1. What company action caused this complaint?2. What remedy did the Board order?3. With this decision, did the Supreme Court expand the scope of mandatory bargaining to include all subcontracting
1. State the union membership requirement under Section 8(a)(3) of the NLRA as interpreted by the Supreme Court’s Beck decision.2. What did the Court find wrong with the union spending funds, which
1. What issue was the Supreme Court called upon to resolve?2. What are the controlling principles set forth by the Supreme Court concerning the significance of employer motivation in the context of
Cindy Adams worked as a salesperson at the nonunion Wal-Mart store in Wasilla, Alaska. On March 10, 2001, while walking to the employees' break room for lunch, she met Ken Stanhope in the hallway,
Richard Wehrli was the sole or part owner of Naperville Ready Mix, Inc., T&W Trucking, and Wehrli Equipment Co., which respectively provided ready-mix concrete, hauling services, and truck repair
Tasty Baking Company (TBC) operates a plant in Philadelphia, Pennsylvania, where approximately 700 workers produce baked goods on daytime and overnight shifts. In Teamsters Union Local 115 began an
Polaroid Corporation announced the formation of an Employee-Owners Influence Council (EOIC) in January 1993 and invited all 8,000 employees to apply to serve on the committee. Some 150 employees

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