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Judicial decision making
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Abstract There are some companies that believe employees are simply just that employees, no matter what their titles may be they are mere employees. These companies require their employees to take of the business and do work that they are paid for regardless of what it takes to get it done. In some cases though if companies do not word work contracts properly it could cost the company a lot of money. This is something Family Dollar Stores found out when their store managers filed a lawsuit against them and won. What may have been clear to the company was not to its’ employees, the store managers so they filed a lawsuit against the company to get paid overtime money they felt they had earned.
The Case
Morgan v. Family Dollar Stores, Inc.,
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If freight needed to be worked they worked it, if they needed to be a cashier that’s what they did, as managers they had full understanding that this is what the job entailed. The managers’ argument again reverted back to the fact they had little control management wise to make on the spot decisions; the very fact they needed approval of the district manager to take of hiring, firing, reprimanding employees and what kind or how much stock to bring in the store proved they were nothing more than glorified stockers. The court in this case agreed with the managers, saying they were non-exempt employees and needed to be paid overtime; the court awarded a lump sum settlement to the managers in this case. The second case against Family Dollar, In re Family Dollar FLSA Litigation, 637 F. 3d 508 - Court of Appeals, 4th Circuit 2011, Irene Grace, a store manager for Family Dollar, also contended that she too spent most of her time with non-managerial tasks and deserved to be paid overtime. These two cases although in two different districts and a few years apart were laid out in much of the same way, but in this particular case the store manager admitted to being able to run the store as she saw fit without having to get approval of her district
Wagner, F. D. (2010). McDonald et al. v. City of Chicago, Illinois, et al.. Supreme Court of the United States, 1, 1-214. Retrieved May 4, 2014, from http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
Most companies are just out there to make money and not care for the welfare of their employees. It may be difficult to see this as business has always been portrayed as a stimulator of the economy and always on the lookout for its employees. However, this is only because the companies that abide by such practices are given as examples and not the ones that do poorly. We oftentimes complain about the little petty things in life when we should be worried about the people who are suffering in our world. The saying always goes; you never know what you have till it’s gone. Unfortunately, this saying corresponds particularly well this
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
"UNITED STATES v. JONES." The Oyez Project at IIT Chicago-Kent College of Law. 18 Nov. 2013 .
Nearly every American has or had shopped at Wal-Mart at some point or another, and we’ve seen the amount of hassle that many of the workers deal with every time we stand in line to checkout. Long lines during the night while short lines in the very early morning, it sometimes appears as if Wal-Mart’s so-called “associates” never stop working. The use of the word “associates” rather than “workers” strikes a hint of deterioration of their purpose of working—that is to get paid. This label established by the firm that proclaims the importance of equality merely sells itself into its own propaganda by cherishingly slashing wages and worker’s benefits because apparently, they’re not workers, they’re associates. To help hardworking Wal-Mart employees
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
Lichenstein, N. (2007) Why Working at Walmart is Different Connecticut Law Review, Volume 39 Number 4, May 2007
United States v. Sell, 343 F.3d 950, 2003 U.S. App. LEXIS 26859 (8th Cir., Sept. 2, 2003)
Few companies create such controversy as Walmart has done with its approach to maintaining low costs for everyday items. People either love Walmart because of this approach to keeping prices down or hate it due to the effects it has on the economy. There are a lot of arguments surrounding the minimum wage and employee rights at Walmart. There seems to always be a news article about some employee protest about the wages or how they are treated. Walmart is viewed as an enormous firm that does not take care of its employees because of its minimum wage, treatment of its employees, and how it deals with lawsuits.
Both bargained employees (retail sales consultants) and non-bargained employees (management) have great benefits working for AT&T. The CWA helps protect AT&T’s non-management employees by regulating their benefits such as health insurance, 401k, paid holidays and vacation, tuition reimbursement, and pay differentials at night and on Sundays. It will also protect the employees and represent them during employee disciplines. (G. Cohen, personal communication, September 1,
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
This is an article about dollar stores. That said, it is absolutely not an article discussing price structures, low-income economics, vending principles or urban retailing. I have no interest in those things. I am interested in the deeper, more subversive socio-commercial forces that dollar stores embody and enable; namely: depression, discount pregnancy tests and whether or not The Bargain Barn is the worst thing to happen to planet Earth in the last century. Spoiler alert, it probably is.
Many people are asking these type of questions and this paper will help answer some of the questions surrounding these problems some people are having. Second, it should be mentioned that in the business world there are many jobs that require employees to sell things for a company. When sales are made the company makes money and the employee makes a percentage of the sales. The employees typically have a set goal to meet monthly or weekly to get a bonus and this is how they get paid.
Employee stakeholders have another story. The discrimination lawsuits ranging from female employees not getting equal pay or equal positions, to disabled employees, class-action lawsuits stating that Wal-Mart doctors questionnaires to prevent disabled workers from applying, Wal-Mart does not rank very high with these employees. Lawsuits stemming from Wal-Mart’s failure to monitor labor conditions at oversea factories and hires illegal immigrants add to the rift in relations between the employees and the company. Wal-Mart continues to deny charges...