Homework Help

Business Law Chapter 34 Homework Zoucha Appealed The Nebraska Supreme Court Which

Page Count
5 pages
Word Count
2247 words
Book Title
Business Law: Text and Cases 14th Edition
Authors
Frank B. Cross, Kenneth W. Clarkson, Roger LeRoy Miller
ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 34
EMPLOYMENT, IMMIGRATION, AND LABOR LAW
34-1A. Wrongful discharge
The court dismissed Fredrick’s suit, and he appealed to the U.S. Court of Appeals for the
Seventh Circuit. The appellate court reversed the dismissal with respect to the claim of
retaliatory discharge. The court recognized that “the tort of retaliatory discharge occurs when an
employee is discharged in retaliation for his activities, and the discharge violates a clear
mandate of public policy.” As to whether providing for the safety of air travel was public policy,
34-2A. Performance monitoring
The defendants filed a motion for summary judgment, which the court granted, and Griffin
appealed. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court’s decision.
The appellate court pointed out that “the defendants informed COD telecommunicators and
dispatchers (including Griffin) that workstation telephone calls might be monitored for training,
34-3A. Hours and wages
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 appellate court reversed the decision of the lower court, concluding that the
employees were exempt from FLSA’s overtime requirements because they were “outside
B-2 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERSCHAPTER 34
salesmen.” The appellate court remanded the case for further proceedings. The court
explained that under U.S. Department of Labor regulations, an “outside salesman” is an
employee who “mak[es] sales.” Although the account managers did some servicing of
34-4A. Performance monitoring
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 expectation of privacy in the area searched or matters investigated. To maintain a
claim for invasion of privacy, the intrusion must be unreasonable, unjustified, or unwarranted.”
The court explained that “[t]he telephone records and phone calls that were monitored by Baylor
34-5A. Unfair labor practice
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, however, PERB reversed this decision and dismissed the charge. Through
Roger Benson, PEF’s president, in an action against Michael Cuevas, PERB’s chairperson,
Darcy appealed to a New York state intermediate appellate court, which affirmed the dismissal
34-6A. Collective bargaining
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
APPENDIX B: ALTERNATE CASE PROBLEM ANSWERSCHAPTER 34 B-3
(CWA) an opportunity to bargain over the elimination of blood drives during paid work-time. VNY
appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which affirmed the
NLRB’s ruling. The court acknowledged that “[a] company’s shutting down part of its business to
cut economic losses obviously affects its employees,” but this does not make the shutdown a
34-7A. Workers’ compensation laws
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 case for a determination of benefits. The state supreme court recognized that
to recover workers’ compensation, a claimant must establish that an injury was an accident and
“[arose] out of and in the course of his or her employment.” An injury arises in the course of the
employment “when it takes place within the period of the employment, at a place where the
employee reasonably may be, and while the employee is fulfilling work duties or engaged in
348A . Employment at will
Yes. Ellis was an at-will employee. Either he or his employer could end their employment
relationship at any time. Unless a contract, a statute, or a court declares otherwise, employer-
employee relationships are considered to be “at will.” Under the employment at-will doctrine,
either party can end an employment relationship at any time and for any reason. Federal
statutes prohibit the discharge of some employees who report employer wrongdoing. Court
B-4 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERSCHAPTER 34
349A. Unfair labor practices
Certain union activities are unfair labor practices. A significant union unfair labor practice is
using coercion to influence an employee’s decision to participate or not participate in union
activities. Thus, it is unlawful for a union to threaten an employee with the loss of a job for a
failure to join the union. Another significant union unfair practice is discrimination. A union can
bargain for a provision that requires workers to pay dues to the union within thirty days after they
are hired, but a union cannot discriminate against a worker who does not wish to join the union.
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 family or medical reasons.” An employer may require an employee to
substitute other leave, such as accrued vacation leave, on two-days’ notice. Here, Wal-Mart did
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 relatives or anticipate the need to provide this care within the next five years,
3. There are arguments in favor of, and arguments against, the statement. The great

Trusted by Thousands of
Students

Here are what students say about us.

Copyright ©2022 All rights reserved. | CoursePaper is not sponsored or endorsed by any college or university.