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CHAPTER 34
EMPLOYMENT, IMMIGRATION, AND LABOR LAW
ANSWERS TO CRITICAL THINKING QUESTIONS
IN THE FEATURES
ETHICS TODAY—CRITICAL THINKING
Consider a company whose employees include both smokers and nonsmokers. The
smokers take numerous paid smoking breaks, while the nonsmokers do not. Is there an
ethical issue here? Discuss. If a smoker is paid for four 15-minute smoking breaks per day, is
MANAGERIAL STRATEGY—BUSINESS QUESTIONS
1A. Employees meeting around the water cooler or coffee machine have always had
the right to discuss work-related matters. Is a social media outlet simply a digital water
cooler? Why or why not? Many businesspersons argue that the analogy is false. An actual
water-cooler or coffee-machine discussion only involves a few individual employees. Social
2A If your company instituted a policy stating stated that employees should “think
carefully about ‘friending’ co-workers,” would that policy be lawful? Why or why not?
Probably not. Why? Because this policy would be considered overbroad and it would discourage
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ANSWERS TO QUESTIONS
AT THE ENDS OF THE CASES
CASE 34.1—CRITICAL THINKING
LEGAL ENVIRONMENT
Congress enacted the FLSA in 1938. More than eight thousand FLSA suits are filed in
federal district courts each year. How do these facts support the court’s reasoning in this
case? TitleMax contended that it should not be held liable because Bailey underreported his
won hours. Of course, Bailey acted at the behest of his supervisor. The court held that what the
CASE 34.2—CRITICAL THINKING
WHAT IF THE FACTS WERE DIFFERENT?
Suppose that Beverly had requested leave to make arrangements for a change in Sarah’s
care, such as a transfer to a nursing home. Is it likely that the result would have been
LEGAL ENVIRONMENT
Under the FMLA, an employee is eligible for leave when he or she is needed to care for a
family member. Should “needed to care for” be interpreted to cover only ongoing
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CASE 34.3—LEGAL REASONING QUESTIONS
1. What might the dealership have asserted in defense to the charge that its actions
violated its employees’ rights? The primary defense of the dealership to the charge that its
actions violated its employees’ rights to organize under the National Labor Relations Act would
have been a denial supported by testimony regarding the managers’ intent and evidence that its
2. After the election but before the union was certified, the dealership laid off four
technicians and cut others’ pay without bargaining with the union, claiming economic
hard times. Did these steps constitute an unfair labor practice? Discuss. Yes, the
dealership’s failure to bargain with its technicians’ union before laying off four workers and
cutting the others’ pay constituted an unfair labor practice in violation of the National Labor
Relations Act (NLRA).
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3. What could the employer have done to avoid the charge in this case? What the
employer in the Contemporary case could have done to avoid the charge of committing unfair
labor practices in violation of its employees’ rights under the National Labor Relations Act would
CHAPTER 34: EMPLOYMENT, IMMIGRATION, AND LABOR LAW 5
ANSWERS TO QUESTIONS IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
1A. Overtime pay
Over 90 percent of Saldona’s time was spent on sales. As an outside salesperson, Saldona is
2A. Medical leave
The Family and Medical Leave Act (FMLA) applied to Saldona’s employer, Aimer Winery,
3A. Lie detector test
The Employee Polygraph Protection Act generally prohibits employers from requiring applicants
or employees to take lie-detector tests. The only time employers are permitted to use polygraph
4A. Key employee
It is unlikely Saldona was a “key employee” defined as those in the top ten percent of an
ANSWER TO DEBATE THIS QUESTION IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
The U.S. labor market is highly competitive, so state and federal laws that require
overtime pay are unnecessary and should be abolished. In a competitive market,
arrangements for overtime pay would be dictated by the forces of supply and demand for
labor. There is no need for the government to step in to regulate this market.
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ANSWERS TO ISSUE SPOTTERS
AT THE END OF THE CHAPTER
1A. Erin, an employee of Fine Print Shop, is injured on the job. For Erin to obtain
workers’ compensation, must her injury have been caused by Fine Print’s negligence?
Does it matter whether the action causing the injury was intentional? Explain. Workers’
compensation laws establish a procedure for compensating workers who are injured on the job.
Instead of suing to collect benefits,, an injured worker notifies the employer of an injury and files
2A. 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 require 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? No. A closed shop (a company that requires union
membership as a condition of employment) is illegal. A union shop (a company that does not re–
quire union membership as a condition of employment but requires workers to join the union
ANSWERS TO BUSINESS SCENARIOS
AT THE END OF THE CHAPTER
34-1A. Unfair labor practices
The NLRB has consistently been suspicious of companies that grant added benefits during
election campaigns. These benefits will be considered as an unfair labor practice that biases
34-2A. Wrongful discharge
The Occupational Health and Safety Act (OSHA) requires employers to provide safe working
conditions for employees. The act prohibits employers from discharging or discriminating
against any employee who refuses to work when the employee believes in good faith that he or
CHAPTER 34: EMPLOYMENT, IMMIGRATION, AND LABOR LAW 7
ANSWERS TO BUSINESS CASE PROBLEMS
AT THE END OF THE CHAPTER
34–3A . Workers’ compensation
Fairbanks’s claim qualifies for workers’ compensation benefits. To recover benefits under state
workers’ compensation laws, the requirements are that an injury (1) was accidental and (2)
occurred on the job or in the course of employment. Fault is not an issue. The employee must
34–4A. Exceptions to the employment-at-will doctrine
Li can bring a wrongful discharge claim. Ordinarily, an employer may terminate an employment
relationship at will. Courts provide an exception, however, when an employer’s conduct violates
34–5A. Collective bargaining
No, Stella D’oro did not engage in an unfair labor practice. In collective bargaining, both the
employer and the union must negotiate in good faith and make a reasonable effort to come to
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34–6A. BUSINESS CASE PROBLEM WITH SAMPLE ANSWER—Unemployment compensation
Yes, Ramirez qualifies for unemployment compensation. Generally, to be eligible for
unemployment compensation, a worker must be willing and able to work. Workers who have
been fired for misconduct or who have voluntarily left their jobs are not eligible for benefits. In
34–7A. Labor unions
The National Labor Relations Act (NLRA) defines a number of employer practices as unfair to
labor. Most likely to be charged by the plaintiffs in this case is the ban on an employer’s
Interference with the efforts of employees to form, join, or assist labor organizations. Garcia and
CHAPTER 34: EMPLOYMENT, IMMIGRATION, AND LABOR LAW 9
34–8A. Health, safety, and income security
No, Thompson is not eligible for unemployment compensation. Under the Federal
Unemployment Tax Act, a state-administered system provides unemployment compensation to
eligible individuals who have lost their jobs. To be eligible for unemployment compensation, a
worker must be willing and able to work. Workers are not eligible for benefits if they voluntarily
left their jobs or were fired for misconduct.
34-9A. A QUESTION OF ETHICS—Workers’ compensation law
(a) In reviewing the dispute that originated with Tull’s claim, the court discussed a
different case, in which it was held that a dispute between insurers over their respective liability
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(b) The reason for determining the date of a worker’s injury is to more accurately
assess liability. In this case, the court upheld the board’s designation of April 23, 2002, as the
date of Tull’s injury. This was the last day that she worked for Atchison; the next day, Berger
became her employer. The insurers argued that it was not until after April 23 that Tull’s
physician determined she was permanently impaired. The court pointed out, however, that the
(c) In November 2000, the board ordered the costs that had accrued to that date to be
shared by the two insurers who covered Atchison between November 1998 and November
2000. With the annual change of insurers and the sale of the company to Berger in April 2002,
however, others became involved in the dispute. Eventually, the board held the insurers jointly
and severally liable for most of Tull’s medical expenses and benefits, except for the costs
incurred after Berger bought Atchison when Berger’s insurer became solely liable.
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ANSWERS TO LEGAL REASONING GROUP ACTIVITY QUESTIONS
AT THE END OF THE CHAPTER
34–10A. Immigration
(a) Tipton and Seferi were guilty of hiring and harboring illegal aliens, and should be
convicted and be given prison terms. The evidence was sufficient to support the convictions for
(b) It is not likely that Tipton and Seferi can successfully assert a defense by claiming
that they did not know that the workers were unauthorized aliens. It is clear from the evidence