Justin Swartz Summary

Mike Rose had a difficult experience when his test scores got mixed up with another student named Rose. The Rose whose score that he got did not do well, so he got sent to vocational school for two years. He describes his experience during this time and the people and teachers that he meets. He illustrates how the teachers do not really take an interest in actually teaching the students or making sure that they learn the material they are trying to get across. Along with the teachers not caring, more than half the time the students would not even care for what the teachers have to say because they have their minds on anything other than learning. Rose found himself getting the same learning habits as his fellow students in vocational classes.

Another law the plant may be violating is the Equal Employment Opportunity (EEO), Title VII of the Civil Rights Act. This law “forbids discrimination based on race, color, religion, sex, or national origin” (Noe, Hollenback, Gerhart & Wright, 2011). According to the case, the plant employs approximately 1,500 workers and one third of the workforce is Hispanic (Fransson, Gareett & Noll, 2005). The plant mostly hires Hispanic to

The Fair Labor Standards Act has been amended many times and is virtually an ever-changing law, however, it does not cover all employees. There are several classes of “exempt” employees, including salaried employees in the executive/managerial, administrative, and professional areas. Outside salespeople are also considered exempt. One of the issues facing companies today is knowing which employees are exempt and which are non-exempt. There are tests to determine if an employee is exempt. In 2004 the tests changed to a standard test, which is whether or not the employee’s salary is $455/week or greater and the duties test, which allows for exempt status if more than 50% of the work performed by an individual is “exempt work.” (Pass and Broadwater) Exempt employees do not receive overtime pay, which can be a substantial cost savings to a company. My previous employer required that an exempt manager close the center each night even though we had non-exempt team leads who acted as managers in most capacities. The reason was to avoid overtime costs.

This case was based on facts and opinions from Peter Ramirez as being an employee for Yosemite Water Company as a route sales representative/relief sales representative. This case was filed because Mr. Ramirez felt that he wasn’t getting paid properly for all the jobs and duties he performed at the company. Also, the case was to resolve whether a bottled water driver was entitled to overtime pay or whether he was outside salesperson and being exempt from the Industrial Welfare Commission Wage Orders. Mr. Ramirez left the company and then he brought action against Yosemite for unpaid overtime wages. Yosemite defense was that Mr. Ramirez was an outside salesperson and exempt from wage and overtime laws. The best way to avoid costly lawsuits is with careful review of employee classifications (Hsiao-Ying and Kleiner, 2005).

Employers should not treat their employees as a potential criminal. At the end of the book, it said, “Stop treating working people as potential criminals and let them have the right to organize for better wages and working conditions.” (238). When Barbara worked at Key West, Florida, the employer said they heard

The following essay describes discrimination lawsuits brought up against the Hooters restaurant chain. Employees in Michigan filed suit and said they were discriminated for being overweight while employed as servers. According to Leanne Convery, who was one of the women who fired, she weighed 115 pounds at the time and four-feet-eleven at the time. She was encouraged to take stimulants such as Adderall and appetite suppressants to speed up weight loss (Foley, 2010). Hooters found a way to navigate the discrimination laws using bona fide occupation qualifications (BFOQ).

In the case of Patel v. Quality Inn South, it was first proclaimed by a district court that undocumented aliens were not protected under the Fair Labor Standards Act (FLSA) (“PATEL v. QUALITY, ” n.d.). The Eleventh Circuit Court contacted the U.S. Department of Labor in order to determine whether or not undocumented aliens could protest and file for violations under the Wage and Hour Division (WHD) of the Fair Labor Standards Act (FLSA). The U.S. Department of Labor responded and took “the position that undocumented aliens were covered by the provisions of the FLSA and thus were entitled to its protections” (“PATEL v. QUALITY,” n.d.). The Circuit Court then reversed the decision of the district court and held that

That at all times hereinafter mentioned, Defendants violated the Plaintiff HUDSON’s rights by failing to pay Plaintiff HUDSON the minimum wage for each hour worked in each discrete work week, in violation of the FLSA, 29 U.S.C. § 206(a)(1).

As you know, Cowgirl Rides was established by your client, Ms. Louis De Palma, in response to the recent “surge” of sexual assault and sexual abuse allegations within the Nashville rideshare and taxi industry. While the goal of your client’s business is commendable, Cowgirl Rides implements hiring policies which impermissibly discriminates against prospective employees on the basis of sex. This discrimination, which is directed specifically at driver applicants, is in clear violation of the statutory language provided in Title VII. Specifically, the language states that he refusal to hire any individual because of such individual’s sex is an unlawful employment practice.

This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.

A U.S. appeals court ruled on Thursday that a proposed wage and hour class action against a California staffing agency would need to be taken to California state court, as the plaintiff’s claims could not be weighed according to the Class Action Fairness Act (CAFA). The three-judge 9th U.S. Circuit Court of Appeals panel voted unanimously that a lower court made a mistake when they found plaintiff, Porfiria Yocupicio’s, suit filed in 2014 against defendant, Arch Resources Group, eligible to be removed to federal court due to her claims adding up to over $5 million. The court of appeals found that the suit, filed under the California Labor Code Private Attorney General Act, could not be deemed a class claim for purposes of determining federal

The origin of this text is the first volume of two books comprising a college dissertation by Alex G. Stach, published in 1971. The author is an American sociologist, educator and social worker with a master in Political Science and doctorate in philosophy [18]. The purpose of this first volume of the dissertation is to describe and analyse the structure of the communes, relationships between the communards, and their rights and obligations. It is a valuable resource as the author saw the everyday life of the countercultural communes at the time they were happening, so it offers first-hand information, but was not personally involved and invested in the movement, and so is likely to be objective. Another value of this source is his specialized

I was very interested read this book. This book was interesting because it has a very exciting sequence of events from the very beginning. The content was cool and unpredictable. I would recommend this book to middle schoolers like myself who like a quick fun read. When Joe Stoshack dad ends up in the hospital after a car accident, he has two words to say to his son Mickey Mantle. For Stosh has a special power with a baseball card in hand, he can travel back in time. And his dad has a rare card Mantle's valuable 1951 rookie card. "I've been thinking about it for a long time. Go back to 1951. You're the only one who can do it," Dad whispers. So Joe Stoshack goes back in time by firmly holding a baseball card in one hand, Joe Stoshack can

The first article, The Bioarchaeology of Identity in Spanish Colonial Florida: Social and Evolutionary Transformation Before, During, and After the Demographic Collapse, by Christopher M. Stojanowski, Stojanowski states that he uses a biological approach and population genetic analysis to reconstruct the biological changes from the 16th and 17th century in La Florida. He says that his approach is based on the potential contributions to an anthropological study in order to better identify and construct transformations in La Florida (Stojanowski 2005: 417). He continues to explain his purpose of the study and what he was emphasising his research. Stojanowski discusses three themes, generation of a baseline for which postcolonial changes are

Title VII states that an employee cannot be treated differently because of sex unless sex is a bona fide occupational qualification (BFOQ). When used as a defense, bona fide occupational qualification (BFOQ) allows an organization to hire and employ individuals on the basis of the qualifications reasonably necessary to the normal operation of that particular business or enterprise. This paper will discuss the necessary steps employers must take in order to justify using sex as a discriminator when hiring employees and review some known cases where BFOQ was used as a defense.