Submitted by: Submitted by michgirl000
Views: 912
Words: 624
Pages: 3
Category: Business and Industry
Date Submitted: 01/17/2012 11:18 AM
Case 34.1, Smith v. Johnson and Johnson, starting on page 662 of your text. Please answer the following questions: Is it unfair to exempt employees to deprive them of overtime wages? Why or why not? J&J argued that Smith was exempt under either the administrative employee exemption or the outside salesperson exemption. The district court found, though, that Smith did not qualify for the outside salesperson exemption. What single fact might have made Smith ineligible for the outside salesperson exemption?
I do not think it’s unfair to exempt certain employees from earning overtime. If a particular employee is hired for the overall management of the business they are hiring them to complete a job regardless of the time and effort that they put into it. (Clarkston, Miller & Cross, 2011)
Smith was ineligible for the outside sales-person exemption because her primary duty was to make sales for the company and was constantly doing so by being away from the company’s office. (Clarkston, Miller & Cross, 2011)
Case 35.1, Burlington Northern and Santa Fe Railroad Co. v. White, starting on page 686 of your text. Please answer the following questions: Why did the Court evaluate the language of Title VII’s anti-discrimination and anti-retaliation provisions? What was the Court’s interpretation of those provisions?
The Court evaluated the language of the Title VII’s anti-discrimination and anti-retaliation provisions because they differ in purpose. “The anti-discrimination provision seeks to prevent injury to individuals based on who they are, i.e., their status. The anti-retaliation provision seeks to prevent harm to individuals based on what they do, i.e., their conduct” (Clarkston, Miller & Cross, 2011).
Case 44.1, Federal Communications Commission v. Fox Television Stations, Inc., starting on page 865 of your text. Please answer the following questions: Today, children are likely exposed to indecent language in various media far more often than they were in...