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Unformatted text preview: 259 C HAPTER 33 E MPLOYMENT AND L ABOR L AW A NSWERS TO C RITICAL A NALYSIS Q UESTIONS IN THE F EATURE EMERGING TRENDSFOR CRITICAL ANALYSIS (PAGE 679) 1A. Why might telecommuting employees sometimes accept being wrongly classified as an executive or a professional under the overtime-pay requirements and thus be exempt from overtime pay? These employees might accept a misclassification if it involves a higher salary or other perks that the employees might want: a different job title or additional authority, for example, or a more attractive entry on a resume. They might accept a misclassification out of ignorance of the law, or because they enjoy other aspects of telecommuting, or because they simply like their work. 2A. If more class-action lawsuits claiming overtime pay for telecommuters are successful, what do you think will be the effect on telecommuting? Why? Most likely in the short term, if such suits are more successful, would be a closer watch on telecommuters time by both the telecommuters and their employers.. In the longer term, there might be other ways in which employers would keep close tabs on an employees timea clock on a laptop or home computer, for example, or a requirement to punch in and out in cycle. A NSWERS TO Q UESTIONS AT THE E NDS OF THE C ASES CASE 33.1(PAGE 676) THE ETHICAL DIMENSION Is it fair to sanction an employer for discharging an employee who reports on the employers unsafe or illegal actions to government authorities or others? Discuss. Yes, it is fair, because otherwise the rights of the employee to work in safe conditions or to obey the law could simply be circumvented by the employers threatening to discharge the employee if hr or she exercised those rights. The purpose of any law being violated would also be frustrated in such a circumstance. 260 UNIT SEVEN: AGENCY AND EMPLOYMENT THE GLOBAL DIMENSION In many countries, discharging an employee is more difficult and costly for the employer than it is in the United States. Why? Employment laws in many other countries are more restrictive of their employers ability to discharge their workers. Typically, workers may be discharged only for the most serious causes (violence or imprisonment, for example) and sometimes only by following certain procedural requirements (mediation or a hearing before an independent committee, for instance). The purpose is of course to protect the employees in their jobs, which in many markets can be hard to obtain. There may be political, economic, social, or cultural reasons in support of the restrictions on the employers, just as there are such bases for the reluctance to impose similar restraints in this country....
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- Fall '10
- Business Law