Happy Valley is a unionized employer. Their implementing a new policy without any real notice will be problem with the union. The company needs to inform the union and the employees of the any new policies prior to enforcing them. David Walsh writes, “Unionized employers must clearly communicate changes in policies before attempting to enforce new, more stringent standards.” (Walsh, 2013-2016, pg. 700) Happy Valley is trying to enforce a stricter policy on attendance and be selective of who will be punished under the new rule. The fact that the policy is only to be enforced for those that have been with the company five years or less is inconsistent. David Walsh writes, “Enforcement of rules must be consistent across both time and different individuals engaging in the same conduct.” (Walsh, 2013-2016, pg. 700) If the union members were the newer employees, Happy Valley could selectively use the policy to terminate the union members, which would be a violation of NLRA. Happy Valley would have done an unfair labor practice if they choose to use the new policy …show more content…
In the case Ellen Fjellestad v. Pizza Hut, the court used this test in reaching their decision, “In Taylor v. Phoenixville Sch. Dist., The Third Circuit held that a disabled employee must demonstrate the following factors to show that an employer failed to participate in the interactive process: 1) the employer knew about the employee 's disability; 2) the employee requested accommodations or assistance for his or her disability; 3) the employer did not make a good faith effort to assist the employee in seeking accommodations; and 4) the employee could have been reasonably accommodated but for the employer 's lack of good faith.” (Ellen Fjellestad, Appellant, v. Pizza Hut of America, Inc., Appellee, 1999) Additionally, by not granting an extension to Mr. Hoke’s leave, he could file a discrimination claim against Wolverine Poultry for discriminating against
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
The defendant Rachel Holland was at the time a nine-year old girl with an intellectual disability with an I.Q. of 44 and an academic functioning level of a four-year old child. Rachel was described as being well behaved and popular with her second grade classmates. She enjoyed school and was motivated to learn. The plaintiff Sacramento Unified School District proposed to educate Rachel half time in a special education class, and half-time placement in a regular classroom. Rachel’s core classes such as Reading and Math services would be rendered in a special education class and classes such as PE, Music, Lunch, and Recess would be rendered in a general education classroom. Rachel’s Individual Education Plan (IEP) stressed language and communication goals such as speaking in four or five word sentences, initiating and terminating conversations, verbally stating name, developing twenty-four word sight vocabulary, counting to twenty-five, and printing first and last
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
Belanger v. Swift Transportation, Inc. is a case concerned with the qualified privilege of employers. In this case Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,”
Mr. Gardiner was dressed in dark clothing and walking along the road in conditions not conducive to clear vision.
Once returning from the workshop, she confronted Michelle that Frostburg Fit might be in violation of The Fair Labor Standards Act. The Fair Labor Standard Act (FLSA) is intended to protect workers against certain unfair pay practices or work regulations. The FLSA is one of the most important laws for employers to understand since it sets out a wide array of regulations for dealing with employees. Under the FLSA, it established minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. It also introduced the 40-hour work week, as well as overtime pay. Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Laura brought to Michelle’s attention that nonexempt employees, including herself, have been working over 40 hours. Due to the turnover, Frostburg Fit has been understaffed. Employees are not keeping track of the work done outside the facility. Thus, unpaid overtime hours could lead to claims. Frostburg Fit needs to determine areas in need of headcount. Once determined, those positions must be filled in a timely manner to decrease employees working outside their normal work hours. In case employees do need additional time, they must seek approval. Frostburg Fit will need to draft an
When a collection of people with common ideals and values congregate into a group for the means of political gain, they become a much greater presence than if they remained individuals. Whether through singular interest groups or through national political parties, they acquire the power to influence change in the political system, determined to see their viewpoints prevail. This practice was apparent at the time of McDonald v. Chicago. In the time period before the McDonald v. Chicago ruling, numerous people, either through interest groups or political parties, sought the influence the court’s decision and ensure that their viewpoints towards the matter of firearms predominated in the court of law.
[The case of Jaffe v. Redmond, 518 U.S. 1 (1996), was a landmark case for patient privilege that was heard by the Supreme Court in 1996. The case brought up the issue of client privilege and whether a social worker and client’s relationship should be protected. The Supreme Court found in favor of Redmond in the case however, Justice Scalia dissented in the case. In this research his dissent will be explored and an argument for protection of the relationship between a social worker and their client will be made.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
Millennials might become the generation that die before their parents, and it is because of health related issues. The U.S begun this unhealthy downwards spiral in the 70’s when kids started coming home to empty houses, and working people would come home very late and tired. People needed an alternative to cooking that was fast and cheap, which is where the processed food industry began and exploded. Now, most people would believe that the food industry is the most culpable. However, that person should have learned personal responsibility. This generation of 18 to 26 year olds could be the solution to this problem. Millennials are going to be the future parents and lawmakers who could improve the way health is viewed here in the United States. In order to fix this problem of obesity and obesity related diseases, millennials must take personal responsibility and make healthier choices, as well as pass on what they learn to future generations.
Many employers have been baffled as they attempt to sort through the overlapping obligations created when a sick or injured worker's medical condition triggers the different rights and responsibilities under new federal laws. If businesses want to avoid costly lawsuits from disgruntled employees it is essential to understand their responsibilities under the laws. Employers must make a tw...
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
The ADA prohibits employer discrimination against qualified individuals with a disability in regard to application procedures, hiring and firing, promotions, pay, training, and other terms, conditions, and privileges of employment (Hernandez, 2001). This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals w...
According to the court case on Pam Huber v. Wal-Mart Stores, Inc., I am in agreement with the fact that the “district court granted summary judgment in favor of Huber” (Morgan, p.413) and that Wal-Mart gave Pam Huber, a maintenance associated job due to her disability. In doing so, I am also in agreement with the fact that Wal-Mart did not breach the American with Disability Act of 1990 due to the fact that Wal-Mart specifically stated what was required of Pam Huber to do on the job. Due to that, I am in agreement with Wal-Mart’s decision to hire a capable candidate in replace of Pam Huber due to their policy.
Matt Theurer was an 18 year old high school senior and a member of the National Guard. He is employed by McDonald's, the defendant. Matt's manager knew Matt had to drive about 20 minutes to and from work. Matt was scheduled to work a shift at McDonald's from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988. He was also given a voluntary opportunity for a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 which he accepted. Matt worked all of his assigned hours, including the voluntary shift. After the last shift was complete,