Fundamentals of Business Law

Business

Quiz 22 :

Employment, Immigration, and Labor Law

Quiz 22 :

Employment, Immigration, and Labor Law

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Illegal Aliens. Nicole Tipton and Sadik Seferi owned and operated a restaurant in Iowa. Acting on a tip from the local police, agents of Immigration and Customs Enforcement executed search warrants at the restaurant and at an apartment where some restaurant workers lived. The agents discovered six undocumented aliens working at the restaurant and living together. When the I-9 forms for the restaurant's employees were reviewed, none were found for the six aliens. They were paid in cash while other employees were paid by check. The jury found Tipton and Seferi guilty of hiring and harboring illegal aliens. Both were given prison terms. The defendants challenged the conviction, contending that they did not violate the law because they did not know that the workers were unauthorized aliens. Was that argument credible? Why or why not? [ United States v. Tipton, 518 F.3d 591 (8th Cir. 2008)]
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As per the IRCA, it is against the law to hire, recruit, or refer an individual not authorized for working. It is mandatory to carry out the I-9 verification (from the U.S citizenship and Immigration services) for the individual being hired.
As per the IRCA, it is forbidden to knowingly violate the law. It is necessary that the employer should be aware of the situation of the worker.
In the present situation, Ms N and Mr S should have carried out the investigation and should have been aware about the lack of legal right to work.

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Answers to the even-numbered questions in this For Review section can be found in Appendix F at the end of this text. What federal statute governs working hours and wages?
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The case is a Prima Facie case due to the reason that Ms K can produce adequate proof.
She can make a case based on the fact that she has been exposed to mistreatment due to discrimination. For this purpose, she needs to show the following:
• She has a disability
• She has the necessary qualification for the job
• She was rejected
• The search for the applicants continues post HR rejection
• The position was given to an individual who was not physically disabled.
In the present case, Ms K can produce the required proofs so that her suit against company L may become successful.

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The five Learning Objectives below are designed to help improve your understanding of the chapter. After reading this chapter, you should be able to answer the following questions: What federal statute gave employees the right to organize unions and engage in collective bargaining?
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Union Organization:
The first phase for organization of union at organizations is to take the sign of workers on authorization card. This card states that the workers may want to have a particular union. If the card is signed by majority of the workers, then the card is presented to employer and they may ask for formal recognition of union.
Collective Bargaining:
It refers to the process through which management and workers are involved in negotiation of condition and terms of employment which includes wages, working conditions and benefits.
In this case, it is required to discuss the federal statue which provides the employees to engage in collective bargaining and to organize unions.
The most significant federal statute which provides the employees to engage in collective bargaining and to organize unions is the National Labor Relations Act (NLRA). Collective bargaining and Labor unions are also covered under Norris-LaGuardia Act.
The act has been explained below:
National Labor Relations Act (NLRA):
This act was established in 1947. This act was passed in order to prohibit the practices which are unfair. For example: closed shop. Union membership is required by the workers in closed shop as a condition of employment.

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Wages and Hours. Calzoni Boating Co. is an interstate business engaged in manufacturing and selling boats. The company has five hundred nonunion employees. Representatives of these employees are requesting a four-day, ten-hours-perday workweek, and Calzoni is concerned that this would require paying time and a half after eight hours per day. Which federal act is Calzoni thinking of that might require this? Will the act in fact require paying time and a half for all hours worked over eight hours per day if the employees' proposal is accepted? Explain. (See Wage and Hour Laws.)
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Amaani Lyle, an African American woman, took a job as a scriptwriters' assistant at Warner Television Productions. She worked for the writers of Weeds , a popular, adult-oriented television series. One of her essential job duties was to type detailed notes for the scriptwriters during brainstorming sessionsin which they discussed jokes, dialogue, and story lines. The writers then combed through Lyle's notes after the meetings for script material. Duringthese meetings, the three male scriptwriters told lewd and vulgar jokes and made sexually explicit comments and gestures. They often talked about theirpersonal sexual experiences and fantasies, and some of these conversations were then used in episodes of Weeds. During the meetings, Lyle never complained that she found the writers 2019 conduct offensive. After four months, she was fired because she could not type fast enough to keep up with the writers' conversations during the meetings. She filed a suit against Warner alleging sexual harassment and claiming that her termination was based on racial discrimination. Using the information presented in the chapter, answer the following question. Would Lyle's claim of racial discrimination be for intentional (disparate treatment) or unintentional (disparate impact) discrimination? Explain.
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Religious Discrimination. When Kayla Caldwell got a job as a cashier at a Costco store, she wore multiple pierced earrings and had four tattoos, but she had no facial piercings. Over the next two years, Caldwell engaged in various forms of body modification, including facial piercing and cutting. Then Costco revised its dress code to prohibit all facial jewelry, except earrings. Caldwell was told that she would have to remove her facial jewelry. She asked for a complete exemption from the code, asserting that she was a member of the Church of Body Modification and that eyebrow piercing was part of her religion. She was told to remove the jewelry, cover it, or go home. She went home and was later discharged for her absence. Based on these facts, will Caldwell be successful in a lawsuit against Costco for religious discrimination in violation of Title VII? Does an employer have an obligation to accommodate its employees' religious practices? If so, to what extent?
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Case Problem with Sample Answer Entek International, an Oregon-based company, hired Shane Dawson, a male homosexual, as a temporary production-line worker. Dawson worked with twenty-four other employees, all male. Certain individuals at work began making derogatory comments about Dawson's sexual orientation, calling him a "fag," a "homo," and a "worthless queer." Oregon law prohibits discrimination based on sexual orientation. Dawson asked his supervisor, Troy Guzon, to do something about the treatment he was receiving, but Guzon did not. In fact, Guzon also made derogatory comments about Dawson's sexual orientation. Dawson began to experience stress, and his work deteriorated. As a result of this situation, he went to the human resources department and filed a complaint. Two days later, he was fired. Dawson initiated a lawsuit, claiming that he had been fired in retaliation for filing a complaint, but the district court granted Entek a summary judgment. Dawson appealed. How should the federal appellate court rule? Has Dawson established a claim for retaliatory discharge? Should his case be allowed to go forward to a trial? Explain. [ Dawson v. Entek International, 630 F.3d 928 (9th Cir. 2011)]
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Discrimination Based on Gender. Brenda Lewis worked for two years at Heartland Inns of America, LLC, and gradually worked her way up the management ladder. Lewis, who described herself as a tomboy, was commended for her good work. When she moved to a different Heartland hotel, the director of operations, Barbara Cullinan, told one of the owners that Lewis was not a "good fit" for the front desk because she was not feminine enough. Cullinan told various people that the hotel wanted "pretty" girls at the front desk. Explaining to Lewis that her hiring had not been done properly, Cullinan said Lewis would need to perform another interview. Cullinan fired Lewis soon after the interview. The reason given in a letter was that Lewis was hostile during the interview process. Lewis sued Heartland for discrimination based on unlawful gender stereotyping. The district court dismissed the suit. Lewis appealed. Does her claim fall under Title VII's restriction on discrimination based on gender? Why or why not? [ Lewis v. Heartland Inns of America, LLC, 591 F.3d 1033 (8th Cir. 2010)]
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What federal statute gave employees the right to organize unions and engage in collective bargaining?
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What federal acts prohibit discrimination based on age and discrimination based on disability?
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Generally, what kind of conduct is prohibited by Title VII of the Civil Rights Act of 1964, as amended?
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Workers' Compensation. As a safety measure, Dynea USA, Inc., required Tony Fairbanks, a millwright and company employee, to wear steel-toed boots. One afternoon, Fairbanks felt some discomfort on his left shin. At the end of the workday, he removed his boot, pulled his sock down, and saw a large red area below the top of the boot. Over the next two days, the red area became swollen and sore until Fairbanks had trouble walking. By the third day, the skin over the sore had broken. Within a week, Fairbanks was hospitalized with a methicillinresistant staphylococcus aureus (MRSA) infection. Fairbanks notified Dynea and filed a workers' compensation claim. Dynea argued that the MRSA bacteria were on Fairbanks's skin before he came to work. What are the requirements to recover workers' compensation benefits? Does this claim qualify? Explain. [ In re Compensation of Fairbanks, 241 Or.App. 311, 250 P.3d 389 (2011)]
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Under the Family and Medical Leave Act, in what circumstances may an employee take family or medical leave?
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The five Learning Objectives below are designed to help improve your understanding of the chapter. After reading this chapter, you should be able to answer the following questions: What are the two most important federal statutes governing immigration and employment today?
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___Check your answers to these questions against the answers provided in Appendix G. Onyx applies for work with Precision Design Company, which tells her that it requires union membership as a condition of employment. She applies for work with Quality Engineering, Inc., which does not re quire union membership as a condition of employment but requires employees to join a union after six months on the job. Are these conditions legal? Why or why not?
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Generally, what kind of conduct is prohibited by Title VII of the Civil Rights Act of 1964, as amended?
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Under the Family and Medical Leave Act of 1993, in what circumstances may an employee take family or medical leave?
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Fair Labor Standards Act. Misty Cumbie worked as a waitress at Vita Cafe in Portland, Oregon. The cafe was owned and operated by Woody Woo, Inc. Woody Woo paid its servers an hourly wage that was higher than the state's minimum wage, but the servers were required to contribute their tips into a "tip pool." Approximately one-third of the tip-pool funds went to the servers, and the rest was distributed to the kitchen staff that otherwise rarely received tips for their service. Cumbie sued Woody Woo, alleging that the tip-pooling arrangement violated the minimum wage provisions of the Fair Labor Standards Act (FLSA). The district court dismissed the suit for failure to state a claim. Cumbie appealed. Did Woody Woo's tip-pooling policy violate the FLSA rights of the servers? Explain your answer. [ Cumbie v. Woody Woo, Inc., 596 F.3d 577 (9th Cir. 2010)]
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What federal acts prohibit discrimination based on age and discrimination based on disability?
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Answers to the even-numbered questions in this For Review section can be found in Appendix F at the end of this text. What are the two most important federal statutes governing immigration and employment today?
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