A working relationship is a relationship where you spend time with your co-workers and clients during working hours. It’s strictly professional and there is little or no contact outside of working hours. You cannot choose who your clients are going to be. On the contrary a personal relationship is one that is formed through choice, with someone you share interest and feelings with and who you like and socialise with. In a working relationship you work to a set of rules and procedures and get paid for doing a job.
Therefore, I believe that the employee does have a potential claim for overtime based on his “on-call” status. Insuring Compliance with FLSA The following are my recommendations employers can do to insure they are in compliance with FLSA and avoid claims: * Review On-call Status. Employers should answer the questions listed above that were noted by the Ninth Circuit Court in considering on-call status. If the majority of the answers point towards restrictions, the company policy must be revamped in favor of on-call overtime. * Revise Collective Bargaining Agreement.
If the company’s intent was to get Mr. Doe or anyone on production staff to resign by changing the production staff’s hours, it is possible that the actions of the company could be considered a constructive discharge. In the case of Mr. Doe, if the court determines that the company discriminated against him using either of the “litmus” tests, there is a possibility the company will be required to pay additional compensation due to his termination being a constructive discharge. However, if the court decides that the suit does not meet the “litmus” test that it uses, then the
This action has the potential of stopping production completely and bringing the company to the brink of bankruptcy, at which point the company may be forced to agree to the employee (i.e., union) terms of employment. On the other hand, the employee can control his or her work effort on the job, can seek to change employment practices internally, or can leave the company whenever he or she wants. 2. What are the limitations of disparate impact statistics as indicators of potential staffing discrimination? Sample Response: Disparate impact statistics describe existing demographic patterns, but they do not necessarily explain the reasons these patterns exist.
A = Analysis The Court held that: A. The certain deposition testimony of the agreement did not prove that the provision was intended as a penalty. B. There is no substantial evidence that Weber suffered any actual damages. C. The liquidated damage was valid by Cal.
Vulcan has scienter requirement for conduct of Edison. As an agent, they have given him authority and decision making ability and if he exceeds his authority by being negligent, they still derive a benefit , (financial) from his activities. Victim will assert that in being always on call, this is a qualified exemption under the “coming and going rule” thereby making the injuries during the alleged commute compensable. They are: 1) the employment contract included transportation to and from work; 2) the employee has no fixed place of work; 3) the employee is on a special assignment for the employer; or, 4) special circumstances are such that the employee was furthering the business of the Employer. Vulcan-the employer Edison is solely negligent and Vulcan has no responsibility or
757). This manager recommends reassigning Paul to another position consistent with his ability that does not require confined space entry. Additionally, this manager recommends that should Paul’s Worker’s Compensation Claim be accepted and because “(t)he majority of states require employees to forfeit all other lawsuit rights in exchange for workers’ compensation benefits” (Jennings, M, 2006, pg. 759), Paul be required to do the
So, if non-union workers want the same protections as a unionized worker, contact a union that represents workers in the same industry and see how the process of becoming a union worker can begin and enjoy the benefits of working under a contract. Works Cited "Union Members Summary." U.S. Bureau of Labor Statistics. Department of Labor, 11 Jan. 2011. Web.
Poor and unjust working conditions, disturbingly unsanitary preparation of food, fatalities due to food poisoning- these are all concepts apart of the food industries of our nation’s weakness in the awareness of it all. The unmerited affairs for our food industry workers are the blatant cause for derivation of deathly pathogens that are contaminating our food. If America would realize these actualities, and choose a side, whether it be okaying the tumult of it all, or fight for the justice of it all, the unknown obscenities taking place inside these factories would be put to a
(Agency law is important as well but I’ll save that discussion for your text.) At its most elemental level, contract law is about offer and acceptance. Someone offers up the terms of an employment contract and the prospective employee accepts. If the agreement collapses, we turn to concepts like breach. The first victim of breach is entitled to “compensatory damages,” which are designed to make the person whole again – i.e., restore them to where they were before the breach.