Federal Fair Labor Standards Act Case Study

The Ontario Labour Relations Board (OLRB) is an independent, quasi-judicial tribunal mandated to mediate and adjudicate a variety of employment and labour relations-related matters under a number of Ontario Statutes.

The case was brought forward to the NSW Supreme Court in 2001 whereby Judge Hulme ordered both Respondents as negligent. This decision was reversed by the Supreme Court of Appeal whereby the judgement was granted in favour of the Respondents. This case affirms the previous decision.

Facts: Defendant (Kmart) allegedly failed to provide to plaintiff (Lopez) the written wage statements. The availability of the wage statements is required under California labor code. Under the agreement, employment-related issues between the employee and company shall be resolved informally or by binding arbitration. This replaces the right of either party to go to court or have a jury decide the outcome of the claims. Lopez alleges that the agreement was never valid due to the fact that he was a minor when he acknowledged the agreement and is now entitled to revoke his consent.

Overtime a body of law or legislation has developed governing employer/employee relations and right of employees and employers in the workplace subsequently amended by the employment relations Acts of 1999 and 2003, provides arrange of contractual rights for employees including entitlement to an itemised pay statement.

Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)

The appellants' understanding about the statute is that they (as employees) were protected by the carve-out pre-existence jurisdictions that excluded workers' involvement in handling any forms of either animal and/or vegetable life that is aquatic, further confusing the guidelines for Maine's exemptions of overtime law. Their understanding was that this carve-out could have been justifiably applicable to workers that have been "employ[ed] in loading, unloading or packing…for shipment or in propagating, processing (other than canning), marketing, freezing, curing, storing or distributing various forms of aquatic forms of animal and/or vegetable life.” On the other hand, Oakhurst asserts that the legislative history should protect against any deliberate effects that can cause distortion under the overtime law. It argues that it's of essence that employer must implement rightful decisions towards ensuring that perishable food doesn't spoil. Therefore, the subject of exemplification from Maine's overtime law shouldn't be an

In larger American cities, discrimination lawsuits in the criminal justice system are more common. The rights of the public employee as well as a criminal justice employee are guaranteed by law. These rights directly impact the supervision and evaluation of employees. Every criminal justice administrator has to consider these rights in the day to day management and leadership of their organizations. Most employee rights come from specific pieces of legislation design to address a specific concern. Fair Labor Standards Act defines minimum salary provisions for both private and public employees that must be compensated with pay and benefits when they more than 40 hour week. Section 1983, provides opportunities for employees to sue employers

Asian Pacific American Labor Alliance mission is to give Asian and Pacific Islander workers a voice in the work place, seek for better pay, and improved benefits such as health insurance. APALA was created because of the awareness of unsafe working conditions in the workplace and child labor, which the federation see as a threat to American job. Yet, even today there are still many Asian American workers being treated unfairly in their workplace such as employers threaten to call the immigration Customs and Enforcement (ICE) in 52% of all organizing efforts involving undocumented workers (APALA web). Employers have manipulated the labor system by taking advantage of their position to restrict the mobility of workers, eliminate

It appears that on September 28, 2017 the EEOC sues Home Depot for Disability Discrimination. The EEOC brought the suit under the Americans with Disabilities Act (ADA), which prohibits disability discrimination in employment, after first attempting to reach a pre-litigation settlement through its conciliation process. The case (EEOC v. The Home Depot / Home Depot U.S.A., Inc., Civil Action No. 17-cv-06990) was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division, and has been assigned to U.S. District Judge Robert W. Gettleman. The EEOC is seeking full make-whole relief, including back pay, compensatory and punitive damages, and non-monetary measures to correct Home Depot's practices going forward. "Our

There are several million undocumented immigrants employed in the United States (Burton, 2015). Even though the labor market has changed, the original National Labor Relations Act has not. The NLRA provide legal protection to employees to not be terminated for participate in organizing a union. NLRA created a blanket enforcement of NLBA rights equal for undocumented workers and U.S. citizens (Zdravecky & Hass, 2014). The law does not expressly detail terms who is considered an employee of an employer. The original intent of the law was to provide protection to anyone regularly employed in the U.S. The actions of the NLRA board makes it clear the board felt that undocumented workers deserved equal protection for the NLRA. If employer was

The other wage an hour issue that Region Bank had was in mortgage department. This issue came about when they change an employee classification status from non-exempt to exempt. At the time when the changes happen the employee was not aware of it until she received her pay check and notice that she was not paid for the overtime she work. She then

It is alarming to know that each year there are over 4,500 scaffold injuries and 65 deaths (Occupational Safety and Health Administration [OSHA], 2016). In addition, there is a high risk for construction workers to be struck from objects falling off scaffolds. With these facts in mind, the Occupational Safety and Health Review Commission’s (OSHRC) 2013 case of the Secretary of Labor v Performance Contracting, Inc. (PCI) raises questions as to why violations of OSHA’s scaffold standards are sometimes considered “other-than serious.” Understanding that OSHA gives the Secretary of Labor the tasks of rulemaking and enforcement of its rules, it also gives the task of carrying out the legal process to the commission which both parties accepted, as well as PCI “engaging as a business affecting interstate commerce” (Secretary of Labor v. PCI, 2013, pp. 2-3). Knowledge of the case’s background, parties involved, arguments presented, cases used to reach a verdict, and final ruling provide insight to the penalties assessed, significance, and personal opinion.

retailers. Pat would like you to do some work on the project. Specifically, she would like you to

In this case study, an employee named Sarah gets a new managerial position. As part of this new position, Sarah is now in charge of overseeing her company's production factory. Although Sarah has not worked in the factory before, or has no experience in a factory, she was still put in charge. At the end of the first day of overseeing the factory, Sarah becomes very concerned with the large amount of workers still there and working overtime. To get an explanation, Sarah went to one of her Floor Supervisors to get an explanation. The Floor Supervisor explains in order to meet the company's production goals, the factory workers work off the clock after their paid hours. It is then explained to Sarah that this practice, although illegal, is know throughout upper management, all the way up to

The owners of the Triangle Shirtwaist Company factory did not provide appropriate conditions for their employees. From low pay, long hours, to even child labor were the conditions they had to endure. The employers should be required to provide an adequate work space for each employee and a minimum wage that is consistent and not interchangeable. The Triangle factory had children as young as 14 years