Legal Implications After Hours in The Working Environment
Rick Saldona worked as a traveling salesperson for Aimer Winery. Sales constituted 90 percent of Saldona’s work time and worked an average of fifty hours per week but received no overtime pay, had worked for Aimer for ten years when his new supervisor, Caesar Braxton, claimed that he had been inflating his reported sales calls and required him to submit to a polygraph test .
He reported Braxton to the U.S. Department of Labor, which prohibited Aimer from requiring Saldona to take a polygraph test for this purpose.Shortly after that, Saldona’s wife, Venita, fell from a ladder and sustained a head injury while employed as a full-time agricultural harvester. Saldona presented Aimer’s human resources department with a letter from his wife’s phy-sician indicating that she would need daily care for several months, and Saldona took leave for three months. Aimer had sixty-three employees at that time. When Saldona returned to Aimer, he was informed that his position had been eliminated because his sales territory had been combined with an adjacent territory”
Read The Case “Practice and Review: Employment Law” with Rick Saldona and Aimer Winery. Answer the questions stated below. Do NOT answer the questions in the textbook; instead, answer the questions stated below. List A, B, C, and D for your answers. Your responses should be in complete sentences (not just “yes” or “no”) and clearly explain the rationale for your answers. Remember to use the textbook as a reference, as the concepts discussed in the scenario are based on the chapter 20 information. See Grading Rubric below.
Legal Implications After Hours in The Working Environment
Answer Questions A-D:
A. Discuss if Rick Saldona would be able to take time off to care for his wife, Venita, after her fall. If so, how much time could he take? Briefly discuss what governs time off for employees, and why or why not Saldona would be able to take time off for his wife.
B. Briefly describe the Federal Unemployment Tax Act (FUTA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA). Rick Saldona is considering applying for unemployment compensation and COBRA. Would he most likely be eligible to receive unemployment and COBRA? Explain your answers, and why or why not Saldona would be eligible.
C. Provide a definition of employment at will. Would Rick Saldona likely be covered under employment at will? Why or why not?
D. Refer to chapter 20, section 20-2. Given the scenario described in the case, should Aimer Winery had paid overtime wages to Rick Saldona? Why or why not? Explain your rationale.
