Exam 26: Employment, Immigration, and Labor Law

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Livia takes temporary family leave from her job at Meatpackers Corporation to care for a new baby. Assuming Livia is not a key employee, on Livia's return from the leave, Meatpackers must

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Salsa Caliente, Inc., employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, unpaid family or medical leave of

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Northwest Energy Company is subject to mandatory workers' compensation laws in the states in which it does business. Odell and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. At a distant site, Odell is injured in an accident that is entirely Phelps's fault. Odell files a claim for workers' compensation. Should the claim be granted? What would be Northwest Energy's best defense against it?

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Odell's claim should probably be granted. Northwest Energy's best defense in this situation, as in all workers' compensation cases, is that Odell's injury did not arise out of and in the course of employment. That defense would not likely be successful here, however.
Under workers' compensation laws, employers are strictly liable without regard to whether or not they are at fault. Even if the employer is not negligent, he or she is liable if an employee's injury arose out of and in the course of employment. "Liability" in this context means that an injured employee is entitled to workers' compensation benefits for his or her injury. An injury must be work-related, arising out of activity that is normal for the kind of job involved. "In the course of employment" means that the employee was either at work or performing work at a different location. That a co-worker caused an injury to an employee does not block the employee's recovery of workers' compensation benefits. Also, although an employee is not covered while driving to work from home, the employee is covered while performing a work-related service at an off-site location.

Analytic Data, Inc., wants to hire Benazir, a noncitizen. A work visa is most likely to be set aside for a noncitizen if

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Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform

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Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

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Finance Accountants, P.A., is a private employer. In most circumstances, federal law generally prohibits Finance from subjecting its employees to

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For children who work, total working hours per week are unlimited .

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Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? If so, what procedures must the employer follow to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

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Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

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Private employers are generally free to hire and fire workers at will.

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Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen with special qualifications. To hire Dhani, Cloud Computing should

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A whistleblower is an employee who publicly reveals a co-worker's unsafe or illegal activity.

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In many states, the state constitution or a state statute may protect employee privacy by restricting drug testing by private employers.

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Games Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan  for a limited period of time unless they

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To recover workers' compensation, an employee injured on the job must sue the employer.

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Under federal law, covered employers must ensure that employees' health information is not disclosed to unauthorized parties.

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Employers with eleven or more employees are required to keep occupational injury and health records for each employee.

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An eligible employee may take unpaid leave under the Family and Medical Leave Act to care for a newborn baby within one year of birth.

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Jorge, Kim, and Lucy apply to work for Meat Packing, Inc. Meat Packing must verify the identity and eligibility to work of

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