ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 34
EMPLOYMENT, IMMIGRATION,
AND LABOR LAW
34-1A. Workers’ compensation
(Chapter 34—Page 667)
The requirement for obtaining workers’ compensation is that an injury occur on the job or in the course
of employment. This does not include activities that are “off–duty,” unless, in California, off-duty
34-2A. Whistleblowing
(Chapter 34—Page 660)
Yes. The California Court of Appeal reversed the judgment of the lower court and remanded the case.
34-3A. Wrongful discharge
(Chapter 34—Page 660)
The court dismissed Fredrick’s suit, and he appealed to the U.S. Court of Appeals for the Seventh Circuit.
34-4A. Performance monitoring
(Chapter 34—Pages 670–671)
The defendants filed a motion for summary judgment, which the court granted, and Griffin appealed.
34-5A. Hours and wages
(Chapter 34—Pages 661–663)
The court concluded that the plaintiffs were entitled to overtime compensation under the Fair Labor
Standards Act (FLSA), and Coca-Cola appealed to the U.S. Court of Appeals for the Tenth Circuit. The
B-144 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 34
34-6A. Performance monitoring
(Chapter 34—Pages 670–671)
The court dismissed the claim. The court pointed out that “[w]hen considering an invasion of privacy
claim in the employment context, it is important to consider whether the employee had a reasonable
34-7A. Unfair labor practice
(Chapter 34—Page 674)
The Public Employment Relations Board’s (PERB’s) administrative law judge found that the Department
had committed an improper practice by blocking Darcy’s access to the e-mail system. On review,
34-8A. Collective bargaining
(Chapter 34—Page 677)
The National Labor Relations Board (NLRB) found that Verizon New York, Inc. (VNY) had committed an
unfair labor practice by failing to give the Communications Workers of America (CWA) an opportunity to
34-9A. Workers’ compensation laws
(Chapter 34—Page 667)
The court denied her petition, and two state intermediate appellate courts upheld the denial. Zoucha
appealed to the Nebraska Supreme Court, which reversed the lower court’s decision and remanded the
34-10A. A QUESTION OF ETHICS
1. Yes. The court ruled in Cline’s favor, Wal-Mart appealed, and the U.S. Court of Appeals for the
Fourth Circuit upheld the lower court’s judgment. The appellate court explained that “FMLA entitles
eligible employees to take up to twelve weeks of unpaid leave in any twelve month period for specified
2. FMLA can be seen to reflect the realities of today’s world. Nearly two-thirds of women with
children now work outside the home. Additionally, about a fourth of adults now provide care of elderly
B-146 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 34
3. There are arguments in favor of, and arguments against, the statement. The great majority of