Chapter 18 WAGE AND HOUR LAW
CLOSINGS AND UNEMPLOYMENT
FOREIGN WORKERS
Case Questions
18.1, Singh v
1. (Q.) Hoffman Plastics
decision precluded the plaintiff from bringing the FLSA and retaliation lawsuit against
it?
(A.) Hoffman eliminated back pay as a remedy to undocumented workers. That is,
2. (Q.) How does the FLSA coverage of undocumented workers go hand in hand with the
policies behind the IRCA?
(A.) Under the IRCA economic sanctions against employers reduce the economic incentive
to hire undocumented aliens. Were the FLSA not to cover undocumented aliens,
3. (Q.)
(A.)
18.2, Rivera v. Brickman Group Ltd., p. 685
1. (Q.) What is the purpose of the H-2B visa program?
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(A.) The H-2B visa program allows U.S. employers to petition the Department of Labor for
2. (Q.) May an employer pass along to employees expenses for goods and services that are
the FLSA minimum wage if the expenses reduce real wages below the minimum wage;
or must the employer deduct these expenses from the cash wage to determine
compliance with the FLSA minimum?
(A.) An employer may not pass along to employees expenses for goods and services that are
determine compliance with the FLSA minimum.
3. (Q.) Did the court find that the out-of-the-ordinary expenses the employees incurred because
of the business decisions of the employer, like travel from remote points-of-hire, the
costs of passports and work visas, and fees to mandatory recruiters should be deducted
from cash wages to determine the FLSA wage rate?
(A.) The court determined that all of the expenses in question, except the cost of passports,
18.3, Dinges v. Sacred Heart St
1. (Q.) in determining whether or not
on-call status is compensatable work time?
2. (Q.) Explain what the court means when it
(A.) A weasel word refers to a word that makes an otherwise clear and concise standard or
3. (Q.) Does the court speculate on a possible management response should the on-call period
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18.4, UPIU v. Alden Corrugated Container Corp., p. 692
1. (Q.) Did either Alden or Bates have the 100 employees necessary for the WARN Act to
apply?
(A.) Neither Alden nor Bates had the requisite 100 or more employees necessary for the
under the WARN Act and, collectively, they met the 100-employee minimum.
2. (Q.)
(A.) While Alden and Bates contend that the decision by Bank of Boston to call their loans
3. (Q.) What are the damages owed the employees who did not receive notice?
(A.) The damages are back pay for each day of violation, as well as benefits under an
1. (Q.) May an individual receive unemployment benefits if that individual voluntarily left
work with good cause?
2. (Q.) What analysis must the commission and reviewing courts pursue in order to determine
(A.) The analysis is a two-part approach. First, an objective standard as to the
3. (Q.) Did Ms. Umbarger have a reasonable basis to believe she was the victim of sex
discrimination?
(A.) The record supported the determination that she had a reasonable basis to believe she
4. (Q.) Did Ms. Umbarger make a sufficient effort to resolve the dispute before leaving the job?
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18.6, Chamber of Commerce v. Whiting, p. 700
1. (Q.) Does the IRCA expressly preserve some state powers dealing with the employment of
unauthorized aliens from federal preemption?
2. in authorizing the development of E-Verify?
-Verify was to ensure
3. (Q.) What must an Arizona employer do to avoid sanctions under the Legal Arizona Workers
Act?
(A.) All that is required to avoid sanctions under the LAWA is to refrain from knowingly or
18.7, Brazil Quality Stones, Inc. v. Chertoff, p. 705
1. (Q.) What business purpose is served by the L-1 visa program?
2. (Q.) Does the INA impose the burden of proof on the transferee and his or her employer to
demonstrate that the transf
3. (Q.) Why -1A visa?
(A.) The INA imposes the burden on the transferee or his employer to demonstrate that the
Chapter Questions and Problems, p. 707
1. (Q.) A plant closing law entitles employees to a 60-day notice of the closing of the plant.
(A.) An employer might object to the 60-day notice requirement because it would be
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2. (Q.) Under IRCA verification procedures, may an employer insist that a prospective
employee with a foreign accent produce either a certificate of naturalization or an Alien
Registration Card?
(A.) Under the law the employ
3. [Overtime pay and the Portal-to-Portal Act, Section 18.1.]
believe the facts clearly demonstrate that the knife-sharpening activities of these workers are
an integral part of and indispensable to the various butchering activities for which they
4. [Burden of proof under IRCA, Section 18.5.] Judgment for the INS. The INS must establish that
the employer had actual knowledge that the aliens were unauthorized to work, and the
employer has the affirmative defense of acting in good faith in the verification process. The
5. [Overtime pay under the FLSA, Section 18.9.] The Wage and Hour Division of the DOL
provides staff to make sure that the employers comply with the FLSA. The district office in
Denver investigated the matter and the Secretary of Labor brought an action against the
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6. [Immigration Reform and Control Act, Section 18.4.] The court held that the law was a valid
7. [Severance pay under state law, Section 18.2.] The application of the state law was upheld by
the U.S. Supreme Court. It held that the Maine statute is not preempted by ERISA because
8. [Unemployment Compensation, Section 18.3.] Judgment for Ms. Nee.
the relevant statutes. Violations of employer rules do not automatically constitute statutory
employee conduct. Although the statute does not require training or the posting of policies,
the courts have looked at these issues when reviewing an employers rules or standards. The
9. [Fair Labor Standards Act: overtime exemption for executives, Section 18:0] Executive employees
must customarily and regularly direct the work of two or more employees, and have the
authority to hire and fire employees, and/or their recommendations are given particular