Employment

Question 1

Cats and cupcakes

Answer 1

• Cat named Ray Ray
  
  • Don’t discriminate
  • Heart condition
• Laverne
  
  • Missing an eye
  • Friends with Shirley
• Cat postcards

Question 2

Bangladesh factory fire

Answer 2

• 112 died
• Exit door locked from outside
• Fire extinguishers just for show
• Fire alarm waved off by supervisors
• No emergency exits
• Maybe sabotage
• November 2012
• Huge protests after factory fire

Question 3

Triangle factory fire

Answer 3

• March 1911
• New York City
• Similar to fire in Bangladesh
• Owners locked the doors to the rooms so workers couldn’t leave

Question 4

UFCW

Answer 4

• Union of Food and Commercial Workers
• Potential strike against Safeway and Giant

Question 5

So many sides to employment law

Answer 5

• Safety
• Working conditions
• Labor unions
• Discrimination
• Sexual harassment

Question 6

Samuel Gompers

Answer 6

• American labor leader
• “Show me a country…

Question 7

Thurgood Marshall quote

Answer 7

“A sign that says ‘men only’ looks very different on a bathroom door than a courthouse door.”

Question 8

Do I have to hire Jackson Galaxy?

Answer 8

• No one has to hire this dickhead

Question 9

Do I have to hire a smoker?

Answer 9

• Nope

Question 10

No redheads please

Answer 10

• Rockettes…

Question 11

Hooters

Answer 11

• Marketing on female sex appeal
• Probably could discriminate against flat-chested women
• Sued by men that have applied for the position, but none have prevailed
  
  • Hooters has other jobs that men can apply for
• Class action lawsuit was filed in federal court, but was settled
• Corporation based in Atlanta, franchised
• 440 locations across the world
• Privately held
• First opened in 1983 in Florida

Question 12

BFOQ

Answer 12

• Bona Fide Occupational Qualification
• Very limited circumstance where you can discriminate

Question 13

Employment-at-will doctrine

Answer 13

• Either party may terminate an employment relationship at any time for any reason
• unless a contract specifies otherwise
• Common law doctrine
• Still applicable in many states, including Virginia
• Montana does NOT apply employment at will, see page 500

Question 14

Exception to employment-at-will

Answer 14

• Whistleblowers
  
  • Employee discloses to government authorities or media that employer is engaged in unsafe or illegal activities
• See text 500-501

Question 15

Wrongful discharge

Answer 15

• When terminated from employment
• Employee brings action for wrongful discharge
  
  • Contract
  • Statute
  • Common law tort or agency

Question 16

Briseno Case (sex shop case)

Answer 16

• Briseno worked at Diamond Adult World
• Fired after four weeks because supervisor felt like he
  
  • was not getting along with other employees
  • Did not fill out forms
  • Was heterosexual when most others were homosexual
• Sued for sexual harassment
• Jury awarded
  
  • $10,000 in damages
  • $20,000 in attorneys fees
• Employer lost on appeal

Question 17

Can emails modify employment contracts?

Answer 17

• Yes, it’s a possibility
• Page 502

Question 18

Employees and email

Answer 18

• Do not put anything in your email…
• Your work email is not private
• No right of privacy in your work email
• Just ask General Petreaus
  
  • If the head of the CIA can’t keep his email secret, you can’t either!!!

Question 19

Laws regulating employment issues

Answer 19

• Davis-Bacon Act (NOT TESTABLE)
• Fair Labor Standards Act
• 1930s
• …
• …
• …

Question 20

FLSA and exotic dancers

Answer 20

• Does the FSLA apply to exotic dancers?
• Should the dancers get a minimum wage or overtime?
• Strip club argued
  
  • Independent contractors paid by customers
  • Did not profit by dancers
• Dancers had to pay fees to dance
• Club set prices
• Club set rules for conduct
• Dancers had to check in and out
• Court ruled that there was an employment relationship
• First opinion issued by a Georgia court, 56 page opinion

Question 21

Child labor in America

Answer 21

• FLSA prohibits oppressive child labor
• Age ranges
  
  • Under 14 some work
    
    • Babysitting
    • Newspaper delivery
    • Family business
  • 14-16 can work with restrictions and no hazardous work
  • 16-18 no hazardous work
  • Over 18 – on your own

Question 22

What is the minimum wage?

Answer 22

• Different depending on state, but there is a federal minimum wage
• Tipped employees

Question 23

Black Friday

Answer 23

• Stores that open late on Thanksgiving evening
• Stores that open very early on Black Friday
  
  • Employees might want to work these shifts because of extra pay