Advanced Business Law 12th Edition Case 34.1 Problems

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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...