final cases

Question 1

Cummings v Washington

Answer 1

• filed complaints for violating Employee Polygraph protection act (EPPA)
• court dismiss claim cuz employer had reasonable suspicion for requesting test in connection w ongoing investigation

Question 2

NLRB v City Disposal system

Answer 2

conclude james was engaged in concerted activity when he refused to drive truck

Question 3

Lechmere Inc v NLRB

Answer 3

court held it was unfair labor practice cuz employer may be reuired to allow union organizers access to its property when no other reasonable alternative means of access available

Question 4

chao v gunite corp

Answer 4

• sec met her burden
• found that firm alternative steps were inadequate substitute for complying w regulation

Question 5

Marshall v. Barlow

Answer 5

if employer refuse inspection:
1. inspections must stop or be limited to non objected areas
2. OSHA can request warrant from US district judge or magistrate

Question 6

west coast hotel co. parrish

Answer 6

uphold the constitutionality of min wage laws for women
(FLSA origin)

Question 7

schecter poultry v US

Answer 7

ruled the NIRA was unconstitutional
(FLSA origin)
- forced fed to attempt direct regulation of hrs n wages

Question 8

Terry v. Sapphire Gentlemen’s Club

Answer 8

court ruled employees r entilted to min wage, consistent w prevailing legal precedent

Question 9

Solis v. Laurelbrook Sanitarium and School, Inc.

Answer 9

The court applied the primary benefit test and ruled that the students benefited more from their education than their work, so they were not employees under the FLSA.