Employment Law/ Questions

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Question 1
On what basis does the government allow some people to be paid
sub-minimum wages and others not? Why not allow anyone who has
difficulty getting work or is unemployable to work at sub-minimum wages?
What about people who are only slightly more mentally able than the
mentally challenged? How about felons on parole?   To prepare your
answer, research the government website at http://www.dol.gov. Under
Topics, click “wages” and on the next screen under Subtopics, click
“sub-minimum wages.” Please discuss at least two categories of people
who are eligible to work at sub-minimum wages and justify or criticize
the rule allowing this. Compare and contrast with other categories of
people who are out of work.   

Question 2

Read the following case and answer the questions in proper essay form.

Case: Fireworks on the Fourth
Mufid and Janet are both machine operators at Fireation Engineering,
Inc. Their supervisor Reginald has assigned them to work on a 4th of
July holiday decoration project for the company. Mufid has protested
that though he is a patriotic American, he doesn’t feel comfortable as a
Muslim celebrating a secular holiday. Reginald explains that all
members of his department are required to assist in holiday
preparations, and he can’t make an exception for Mufid. He orders Mufid
to help Janet in the project. Without Reginald’s approval or Mufid’s
knowledge, Janet has used company credit to purchase an electric toy
that is supposed to safely simulate a fireworks display. The
instructions on the package say that the toy will light up sparklers
inside a glass enclosure. While Mufid is helping Janet set up and do a
test of the display, it catches on fire and burns his right hand and arm
badly. As a result, Mufid becomes disabled and will not be able to do
his machine operator duties for at least 18 months, maybe longer. Janet
and Mufid are both so upset about the incident that they have written to
Reginald about ordering Mufid to do the 4th of July decoration against
his religious conviction. Reginald responds by having them both fired
for incompetence, insubordination, and misuse of company funds. (He
produces company files documenting their incompetence on the machines.
Janet and Mufid know that the reports have been fabricated, or at the
least, distorted.) Fireation Engineering, Inc.’s employment contract
states that employees can only be fired for good cause. But in addition,
it states that there is zero tolerance for dangerous conduct,
endangering other workers. And it states that the employer will object
to any employee benefits or welfare programs if the employee is at
fault.

Question: Analyze the case in the light of
the following: What employee welfare benefits are Mufid and Janet
likely to be entitled to and why? State and answer objections likely to
be made by the employer. What if they apply to get their jobs back? Why
might they be denied? What arguments might they use to establish
entitlement to reinstatement?

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