Quiz 34: Employment, Immigration, and Labor Law
In this case, it may not be unfair to exempt employees from overtime. In this case, S was able to control how many hours she worked. She received a fair base pay and it was up to her to manage her time as she saw fit. Because S knew she was not eligible for overtime, she should have organized her job as to better her meet her needs. If there was an employee who did not have discretion and control that S did in this case, then it would be unfair to deprive them of overtime.
The case deals with the unfair labor practices in consolidated stores, which are going to establish union campaign. Management states that establishing unions would make no use to protect workers. Unfair labor practices: These are unfair acts those arise in between employer and employee at the work place. These practices refer to certain actions taken by employers that violate National Labor Relations Act (NLRA). An employer is allowed to have control over union activities those take place on company's purpose. The employer must be able to demonstrate the advantages of not forming unions, and can create campaigns against union. The demonstration of an employer would be as below: • An organization gives bonuses and increases the wages on a general course. This would be carried out as performance appraisal to appreciate the high performance workers. • The rise in the wages is unrelated to form unions.
As stated in the facts, S was not actually selling the drug, but rather hosting informational sessions and interviews with doctors who may prescribe the drug. Thus, she was not actually an outside salesperson.