Employment Law Solved Assignment

This document presents a comprehensive set of solved assignments related to employment law. It covers various aspects, including wage and hour regulations under the Fair Labor Standards Act (FLSA), workplace safety and health standards under the Occupational Safety and Health Act (OSHA), exceptions to employment at will, the distinctions between volunteers, temporary employees, and independent contractors, legal cases related to age and disability discrimination (ADEA and ADA), legal considerations for pre-employment medical examinations and drug testing, the concept of bona fide occupational qualifications (BFOQ), affirmative action principles, same-sex and cyber harassment, and reasonable accommodation under the ADA. The solutions provide detailed explanations and legal precedents, making it a valuable resource for students studying employment law.

Running head: EMPLOYMENT LAW
Employment Law
Name of the Student
Name of the university
Author note

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EMPLOYMENT LAW
Answer 1
1. Wages and hours-overtime pay and standard wages have been prescribed by Fair Labor
Standards Act (FLSA) which has a major impact of public and private employment.
Wage and hour division administrates the legislation. The employers are required to pay
through it the covered employees who have not been exempted otherwise the minimum
of overtime pay of one and half of the regular pay along with the minimum wages. The
act also prohibits employment in certain areas to a person below the age of 18 years and
in agriculture below the age of 16 years. If the organization do not pay such wages as
directed by the act they may be prosecuted under it.
2. Workplace Safety & Health- the Occupational Safety and Health Administration (OSHA)
administrates The Occupational Safety and Health (OSH) Act. The OSHA approved state
programs and the OSHA itself regulates health and safety conditions in the private
industries. The employers who come under the scope of OSHA have to comply with the
health and safety requirements prescribed by it. The non compliance with OSHA can
result in breach of its provisions and penalties.
Answer 2
One major statutory exception in relation to the right to employment at will is provided
through the Americans with Disabilities Act of 1990. According to the provisions of this act an
employer cannot discriminate any person based on their being handicap. In this case the
employee can claim compensation from the employer through legal actions as was in the cases of
Zamora-Quezada v. Health Texas Medical Group, 34 F. Supp. 2d 433 (W.D. Tex. 1998) and
"US AIRWAYS, INC. V. BARNETT (00-1250) 535 U.S. 391 (2002) 228 F.3d 1105. In the

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Zamora case the license of the HMO’s were suspended for revoking practices of doctors who
provided medical treatment to the diabetic patients. In the US airways case the employee
succeeded in actions against the defendant company as they were not able to provide him
effective accommodation after he got disabled during the job. Thus when it comes to the right to
employment at will the employers have to take into account the statutory as well as the common
law exceptions of the right such as public policy, implied contract and good faith and dair
dealing exceptions.
Answer 3
A person who performs service in relation to a public company for specified hard in
relation to humanitarian charitable or Civic reasons without any expectation promise or received
of compensation for the services provided is known as a volunteer during such hours. There are
various test to determine whether a person is an independent contractor or an employee the main
characteristics of an independent contractor is that a very low degree of control is exercised over
is working by the employer and his paid after the work is completed. He uses his own tools most
of the times and carries on the work according to his own suitable time. A temporary employee
on the other hand is a person who is employed by the employer and receives hourly wages along
with Benefits Life Insurance retirement plan and vacations. They are also entitled to overtime
wages.
Temporary employees work on a flexible basis where as permanent employees have a permanent
employment contract. A permanent employee is entitled to full time employment benefits. Based
on the amount of time was a temporary employees only allowed 28 days per annum holiday.

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A contractor is not entitled to any holiday which is paid. An employee can take paid holidays. A
contractor is not paid on an early a daily basis. And employees paid on and weekly early or daily
basis.
A volunteer is not paid. An employee is paid. Employers have certain obligations towards
employees. Volunteers and not entitled to any employment benefits (Filipp & Castagnera, 2016).
Answer 4
Age Discrimination in Employment Act- EEOC v. Hawaii Healthcare Professionals, Inc.
a/k/a Hawaii Professional HomeCare Services, Inc., Case No. CV-10-00549 BMK
The claimant was terminated and given this passing remarks because of her age. The company
give an order for termination in 2008. The claimant was A 54 year old office coordinator at the
Maui facility of the company. It was provided by the company that a more efficient manager has
been hired in place of the claimant. It was provided by the port dad this action was against the
age discrimination in employment act. The court provided monetary awards for the claimant
along with strict orders for the defendant 2 which train from any future discrimination related to
age.
Americans with Disabilities Act- in the case of fry vs Napoleon community schools 2017 the
court made clear the meaning of disabled in relation to the American with disabilities act and
provided the right to the students to directly initiate a lawsuit with respect to the Americans with
disability act along with rehabilitation act of 1973 Section 504. The court in addition provided
that no administrative hearing with respect to individuals with disability Education Act is
required for making such a lawsuit. This is possible when the claim made by the students is not
in relation to level of education with respect to their education.

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Answer 5
An employer is not allowed to take any kind of medical examinations before hiring employees.
This is because if medical examination is taken and the employer is able to find out any
disabilities in relation to the Employees they would not select them for the purpose of the job.
The Americans with disabilities act so if it’s any kind of medical examination before the process
of recruitment is completed. There for indulging into any kind of medical examination before the
process can lead to the violation of the Americans with disabilities act. The Act also does not
allow to gather any kind of medical information in relation to the application before an offer for
the job is made to them.
Conducting a drug test before the process of recruitment is legal in the United States. However
only certain kind of drug test in specific circumstances are permissible. In case strict rules are not
followed in relation to conducting drug test during the process of recruitment it may lead to the
violation of privacy rights of the potential employees. The employee can be directly suit for the
violation of privacy rights by the potential employees if they feel that the rights have been
violated with respect to the test.
Answer 6
Bona FIDE occupational qualification is contained in both age discrimination in employment act
and title VII of the Civil rights act of 1964 in form of a defence. According to search defence it is
not unlawful for an employer to hire a person based on age sex religion disability or any other
trade if it can be proved by the employer that search requirement is essential for the purpose of
the employment. This is a very useful provision as if it is not incorporated into the employment
law it would be very harsh on the employers and the purpose of certain jobs would be defeated.

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In addition this provision allows an employer to select the perfect employee for the job which
could not be completed otherwise. For instance if black person is required to perform a role in a
movie it would not amount to race discrimination.
One area of employment where this rule prevails is that there is a mandatory retirement age in
relation to airlines Pilots and bus drivers because of safety purpose.
Another place where the soul prevails is that of a religious institution which may require a person
of the same religion as an employee (Becker, 2016).
Answer 7
Affirmative action resulted out of the 1960 civil rights movement which had the intension to give
equal opportunity to the minority group members along with women in employment and
education. The term affirmative action was first used by President Kennedy with respect to an
executive order which required government contractors to pursue affirmative action for ensuring
employment of applicants without any discrimination. The initial focus of affirmative action was
to increase opportunities for African Americans in education and employment.
The fundamental principles in relation to affirmative action was intended fairness. This meant to
provide opportunities to those in employment and education who had problems in attaining them.
In the 21st century the main motive all the organisations are to have a diverse workforce. The
intended fairness in affirmative action is relevant as the main principles of the concept was to
provide opportunity to everyone regardless of any special traits such as race gender or age which
is also required to hire a diverse workforce.
Answer 8

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Same sex harrassment like any kind of harassment at workplace creates a unhealthy working
environment and hampers the productivity of the employees. Same-sex harrassment is in
addition more difficult to report as they are unconventional and difficult to identify. Whenever a
person is sexually harassed their moral in relation to the workplace goes down and it hampers the
productivity and subsequently the productivity of the organisation also goes down. In addition
the employer can be held liable according to the principles of vicarious liability for any same sex
harrassment which takes place within the workplace. Therefore it is of utmost importance to
eradicate such Evil practices from the workplace.
In order to eliminate or minimize the risk of same-sex harassment within the workplace a proper
reporting procedure has to be incorporated. The reporting procedure has to be confidential so that
a victim does not hesitate to report any sexual harassment activities in the initial stages. The code
of practices within the organisation must strictly won the employees about the consequences
resulting out of any activities in relation to same-sex harassment. The management must always
take the strictest possible action after proper enquiry revealed that a person has been indulged in
actions relating to same sex harassment.
Cyber harassment is the new kind of harassment which has grown in number during the last
decade. Cyber harassment includes harrassing a person with respect to the Internet. This may
occur in any form such as blackmailing or extortion over the internet. Cyber harassment can be
prevented by implementing strict monitoring strategies in relation to Cyber activities of the
organization (Blanpain & Rapp, 2014).
Answer 9

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In the case of US AIRWAYS, INC. V. BARNETT (00-1250) 535 U.S. 391 (2002) 228 F.3d
1105 the question before the court was to analyze that whether a defendant company made
reasonable accommodation for the plaintiff or not. The Americans with disabilities act provide
that it is an obligation of the employer to make reasonable accommodation for the employees in
case of any disability suffered by them.
In this case the plaintiff employee suffered a back injury while working for the defendant
employer and therefore got disabled. The employer initially made reasonable adjustments for the
employees by providing him a word with required lesson physical effort as compared to his
initial work. However the position which was offered to him was brought under the provisions of
seniority and thus the senior employees of the organisation became eligible for such position.
The plaintiff was terminated on the basis that there was no other job opportunity available for
him in the organisation as that particular job no belongs to the senior employees. However the
court in this case decided that the act of the employer in relation to the plaintiff was a breach of
Americans with disabilities act and the employer is liable to pay compensation to the plaintiff in
relation to failing to make reasonable accommodations for him. This case provided distinction
between reasonable accommodation and dash.
Answer 10
Persons having accent or English fluency concern face various work life challenges. These
challenges may include getting acquaintance with fellow workers the challenges may also
include being subjected to unfair disadvantage in the workplace. Language discrimination

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protects these individuals from being exploited at the workplace. At common law also if a person
has not understood a certain thing a contract with such person is regarded as invalid.
For the purpose of enhancing situation for people having problems with English fluency they
may be provided with English classes within the workplace so that they can enhance and practice
the language which would help them to understand the workplace better and to get acquaintance
with the fellow workers.
They may also be supported by assigning them a person who has no problems with English
fluency and who can help them out to manage their workplace activities and to understand others
in a better manner (Walsh, 2015).

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References
Becker, C. (2016). Thoughts on the Unification of US Labor and Employment Law: Is the Whole
Greater than the Sum of the Parts. Yale L. & Pol'y Rev., 35, 161.
Blanpain, R., & Bisom-Rapp, S. (2014). Global Workplace: International and Comparative
Employment Law Cases and Materials. Wolters Kluwer Law & Business.
Dowling Jr, D. C. (2014). International Equal Employment Opportunity: How a US
Multinational Can Enforce Discrimination, Harassment, and Diversity Policies Across Its Global
Operations.
Filipp, M. R., & Castagnera, J. O. (2016). Employment law answer book. Wolters Kluwer.
The Age Discrimination in Employment Act
The Americans with Disabilities Act
US AIRWAYS, INC. V. BARNETT (00-1250) 535 U.S. 391 (2002) 228 F.3d 1105
Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.
Zamora-Quezada v. Health Texas Medical Group, 34 F. Supp. 2d 433 (W.D. Tex. 1998)