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Question: A Christmas tree grower used seasonal help


A Christmas tree grower used seasonal help to assist in harvesting Christmas trees and did not pay them overtime wages since the growers deemed the employees as engaged in agriculture, which is exempted from the overtime provisions. The DOL argued that the planting, fertilizing, and all other tasks relevant to growing the trees were performed by others who were agricultural workers exempted from the overtime provisions. However, they argued, since the seasonal employees only harvested the trees, they were not engaged in agriculture, but rather in forestry and lumbering, which requires the payment of overtime wages. Which view prevails?


> Ted, the white coach of a local high school, has been at the school as a teacher, athletic director, and coach for 25 years. Over the years the neighborhood has changed from predominantly white to predominantly black. When a new principal is appointed, h

> Jill, the owner of a construction business, says her construction crew will not work if she hires Hispanic crew members, so Jill does not do so. Is this a defense to a Title VII action?

> Any claimant who has a cause of action for employment discrimination can bring his or her claim under the post-Civil War statutes. True or False? Explain.

> Ken recruits applicants for several prominent companies. Often when the companies call for Ken’s services, they strongly hint that they do not wish to hire Southeast Asians, so Ken never places them with those companies. Is Ken liable for illegal discrim

> It is discovered that, at a health club, the owner has been putting a notation on the application of black membership applicants that reads “DNWAM,” which means, “do not want as member.” In addition, the black membership applicants are charged higher rat

> Can employers lawfully consider race or gender when making hiring or promotion decisions?

> 1. In your opinion, were the alternatives suggested by the court of appeals viable for TWA? Why or why not? 2. Does it seem inconsistent to prohibit religious discrimination, yet say that collective bargaining agreements cannot be violated to accommodate

> Melinda wants to file a sexual harassment claim against her employer but feels she cannot do so because he would retaliate against her by firing her. She also has no money to sue him. Any advice to Melinda?

> Lin Teung files a complaint with EEOC for national origin discrimination. His jurisdiction has a 706 agency. When Teung calls up EEOC after 45 days to see how his case is progressing, he learns that EEOC has not yet moved on it. Teung feels the EEOC is v

> How long does a private employee have to file a claim with EEOC or be barred from doing so?

> In the process of its recruitment of Peters, Security Pacific informed Peters that the company was doing “just fine” and Peters would have “a long tenure” at Security Pacific should he accept the position offered. In doing so, Security Pacific concealed

> What is the monetary floor an employer/federal government contractor must meet to have Executive Order 11246 imposed?

> An individual contacts you in connection with a reference for one of your worst employees, who was just recently terminated for poor performance. This individual asks whether you believe the former employee will perform well in a similar position at a ne

> Please respond to the following in connection with recruitment, selection, or employment procedures: a. When, if ever, may an employer ask a candidate or employee for a photograph as part of recruitment, selection or employment procedures? b. May an empl

> In the summer of 2007, Ollie Harmon was hired by CB Squared, an auto repair company that operated several Jiffy Lube franchises. Within a year, Harmon had been promoted and was in charge of a number of service locations in the region. In October 2008, Ha

> In March 2011, Florida Governor Rick Scott signed an executive order that included a requirement that the state’s 85,000 state employees be subject to random drug testing. The text of the executive order explained that the testing is needed because “the

> Phillips, an African-American woman, applied for a position as secretary at the Mississippi legislature as a “walk-in” applicant. Phillips worked in the same building, which was made up of approximately 80 percent African-American employees. She stopped

> 1. What would you have done if you were the employer who saw this news article? Why? 2. Does the court’s decision surprise you? Explain. 3. If you were the employer, what would you do if the employee mistreated non-white employees in the workplace?

> In 1997, Bobby Randall was hired at Walmart. At the time, Randall was not a convicted felon but had been previously convicted three times on misdemeanor charges for indecent exposure. At the time of his hiring, Walmart did not have a policy in place that

> Can an employer automatically exclude all applicants with conviction records? What if the policy was limited to felony convictions?

> After being molested by his guidance counselor, a high-school student sues his school district. The guidance officer had previously been arrested attempting to check into a hotel with a minor, although the charges were subsequently reduced to a misdemean

> The city of Bozeman, Montana requires job candidates to list their social networking sites, usernames, and passwords on the city employee application. City Attorney Greg Sullivan explained that the city has “positions ranging from fire and police, which

> Laurie, a lesbian and French national, was hired as a flight attendant to work in United Airlines’ hub in Paris. Laurie was terminated at age 40. She sues United Airlines alleging employment discrimination on the basis of age, gender, and affinity orient

> During the interview Gale had with Leslie Accounting Firm, Gale was asked whether she had any children, whether she planned to have any more children, to what church she belonged and what her husband did for a living. Are these questions illegal? Explain

> A construction company was sued for harassment when it failed to take seriously the complaints about offensive graffiti scrawled on rented portable toilets. The employer defended by saying (1) employees should be used to such rude and crude behavior. (

> Saeid, a Muslim, alleges that his supervisor made numerous remarks belittling his Muslim religion, Arabs generally, and him specifically. The comments were not made in the context of a specific employment decision affecting Saeid. Is this sufficient for

> While reviewing pre-employment reports as part of her job, claimant read a report in which an applicant admitted commenting to an employee at a prior job that “making love to you is like making love the Grand Canyon.” Later, at a meeting convened by her

> Day Care Center has a policy stating that no employee can be over 5 feet 4 inches because the employer thinks children feel more comfortable with people who are closer to them in size. Does Tiffany, who is 5 feet 7 inches, have a claim? If so, under what

> 1. If you were Buonanno’s manager, how would you have handled this situation? 2. Think about the issue of an employee deciding not to accept a co-worker because of religious reasons. If you were the manager, how would you balance the two (workplace requi

> An employee files a race discrimination claim against the employer under Title VII. The employee alleges that after filing a claim with the EEOC, her ratings went from outstanding to satisfactory and she was excluded from meetings and important workplace

> Althea, black, has been a deejay for a local Christian music station for several years. The station got a new general manager and within a month he terminated Althea. The reason he gave was that it was inappropriate for a black deejay to play music on a

> A new employer policy at a dental office stated that the employees were unable to leave the office except to use the restroom, even with a patient cancellation. A husband of an employee emailed the employer that he had discussed the new rules with an att

> Max Huber was the agency manager at Standard Insurance’s Los Angeles office. He was employed as an at-will employee, and his contract did not specify any fixed duration of guaranteed employment. Huber was discharged by the company after eight years becau

> Patricia Meleen, a chemical dependency counselor, brought charges alleging wrongful discharge, defamation, and emotional distress against the Hazelden Foundation, a chemical dependency clinic, in regard to her discharge due to her alleged sexual relation

> Mariani was a licensed CPA who worked for Colorado Blue Cross and Blue Shield as manager of general accounting for human resources. She complained to her supervisors about questionable accounting practices on a number of occasions and was fired. She clai

> Ron and Megan Dible needed some extra money so they decided to charge money for viewing some sexually explicit photographs and videos of themselves that they had posted on the Internet. While this was an otherwise legal act, Ron Dible was a police office

> Bimbo Bakeries USA, Inc., sought an injunction to prevent Chris Botticella, a senior executive, from working for one of Bimbo’s competitors, Hostess. Among other trade secrets at issue in the lawsuit is the recipe for Thomas’ English Muffins, which are e

> Anthony and Philip Conway founded and operated Rochester Medical Corporation (RMC), a publicly traded medical-device company. C.R. Bard, Inc., (Bard) offered to purchase RMC at a very attractive price. Bard insisted, however, that the Conways had to sign

> Arman was hired to drive an airport shuttle for a rental car company back and forth from the airport to the rental car company’s off-site parking lot. When Arman was hired, he signed a written contract that stated specifically that he was an independent

> 1. Title VII does not prohibit discrimination on the basis of sexual orientation. How would you characterize this case? How would you characterize this case? Do you see the discrimination as being based on sexual orientation and thus not protected by Tit

> Consultants for Long View Systems signed agreements stating they were independent contractors, which also contained non-compete provisions. However, after one exclusive, three-month engagement for computer consulting, during which Long View paid Lucero p

> Licensed taxicab drivers in Boston brought an action against cab companies, alleging that they were misclassified by the companies as independent contractors. The taxicab drivers alleged that they were deprived of minimum wages, overtime pay, tips, and t

> Dr. Moshe Ashkenazi is a surgeon who was born in 1939. He had surgical privileges with the South Broward Hospital District. Pursuant to renewable contracts, he worked on-call shifts in several emergency rooms within the District for several years. In 201

> Dr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as an emergency room physician at Mercy Medical Center in Iowa

> Uber Technologies, Inc. develops, markets and operates the Uber app. The app allows consumers to request an Uber driver to pick them up and drop them off at the nearest location. Uber drivers use their own personal cars and are viewed by Uber as independ

> Think about the following questions from the point of view of violation of public policy or breach of a covenant of good faith and fair dealing and see what the outcome would be. a. A female child care worker alleges that she was unlawfully terminated fr

> Campion is a firm that provides psychological services to police departments. The City of Minneapolis terminated its contract with Campion and entered into a new contract with Detrick. Campion contends that it is because it is affiliated with the Illinoi

> A tenured professor falls down the stairs at her university and suffers a brain injury and is unable to work. She is told by the university that in order to be in compliance, she must apply for FMLA leave. She refuses to do so because she believes she wo

> In a construction project, a company built an 18-foot-by-20-foot trench that had to be lined with a special fabric. When the workers had trouble stretching the fabric over the trench, an employee volunteered to go into the trench and fix the problem. His

> 1. What would you have done if you had been the school administrator receiving calls in this situation? 2. Do you think the school was correct in ignoring the teacher’s record? 3. Does it make a difference that this matter did not arise at the teacher’s

> Sasha is employed as the Winstons’ babysitter when they must occasionally stay over in town because of their jobs. Sasha is becoming increasingly discontented with her wages, which are below minimum wage. What relief does the FLSA provide for Sasha?

> All bright finds that Benito, Juana, and Lao Tsu, three of his employees, were the cause of the discovery of FLSA violations. As a result, he terminates them. Do the employees have any recourse? Explain.

> A police officer is eligible for two hours of additional leave bonus if he does not take more than 40 hours of sick leave during a year. If he loses the bonus as a result of taking FMLA leave, have his rights been violated because he has not been restore

> The range of dangerous conditions in which employees have been forced to work has been well documented, at least since Upton Sinclair’s The Jungle. But, what if the danger is the condition of the workplace building itself? Do the OSH Act protections exte

> Nine months after coming to work for Gaggle, Inc, Sarah was diagnosed with breast cancer. The prognosis was not good. Sarah underwent surgery and a chemotherapy regimen that physically depleted her. When Sarah’s sick leave was used up, Sarah asked her em

> No employer intends to harm its employees. How would you define the term willful that would give rise to penalties of up to $70,000?

> During negotiations, employer and union exchange information on the union’s proposal for pay raises. The employer rejects the proposal. The employer is adamant and refuses to agree to the raises. The union alleges that this is an unfair labor practice by

> A truck driver who refused to drive a truck because he “smelled fumes” informed his co-workers of this fact. When the employee was disciplined for refusing to take the truck, he alleged that he was engaged in “concerted activity.” What basis does he have

> In its employee handbook, an employer stated that it would do “everything possible to maintain the company’s union-free status for the benefit of both our employees and [the Company].” Is this an unfair labor practice under the NLRB?

> C. Tyler Williams Co. set up a committee called the Employee-Owners’ Influence Council (EOIC). All employees were encouraged to become members. Of 150 employees who applied, 30 of Tyler Williams’ 8,000 employees were selected by the company. They discuss

> 1. What do you think of the Court not allowing the affirmative defense if there was a tangible employment action such as a discharge, demotion, or undesirable reassignment? 2. Does it make sense to you to allow an employee to bring a sexual harassment ca

> The union strikes the employer in an effort to receive higher wages. The employer brings in workers to replace the striking employees. Agreement is finally reached between the employer and employees. Must the employer dismiss the replacement workers?

> After a bitter strike and boycott that included strike-related violence and the use of “scabs” to replace workers in the walnut industry and, a returning worker who had been a quality control supervisor prior to the strike was placed in a seasonal packin

> Two female employees of a 24-hour residential facility for abused and neglected children discovered video recording equipment hidden on a bookshelf in an office that they shared. They were able to lock the door and close the blinds to the office; and one

> A teacher claimed that she was diagnosed with adult Attention Deficit Hyperactivity Disorder (ADHD). She brought a claim against the school district alleging that the district had violated the Americans with Disabilities Act (ADA) and also a New York hum

> In 2013, an employee was suspected of falsifying time records, so the state employer installed a GPS device on the employee’s personal vehicle, which the employee used for work activities. However the GPS device was left on during both work and non-work

> An employee submitted an expense report that included costs from a cell phone issued by his company. The company wanted to check the phone to verify information that the employee had provided and, because the employee was in the hospital, they obtained a

> Robert Sumien worked as an emergency care technician (EMT) for Careflite. Jan Roberts, his ambulance partner, commented on the Facebook wall of a third Careflite employee that she wanted to “slap” a patient that she had recently transported. This comment

> An employee obtains permission to take a leave of absence to attend to a personal matter. A co-worker asks the manager why the employee is on leave. What information may the manager properly share with the co-worker?

> A gay employee files a claim of invasion of privacy against his employer who shared with co-workers the fact that the employee’s male partner was listed on his insurance policy and pension plan as his beneficiary. Does he have a claim?

> In May 2015, a woman sued her employer after she was fired for uninstalling a GPS tracking app from a company-issued smartphone. Does she have a case for wrongful termination? What about a violation of privacy? Does it matter if the employer requires tha

> 1. Are you surprised by this outcome? Why or why not? 2. Does the outcome make sense to you? Explain. 3. What would you have done if you were the employer in this situation?

> 1. What do you think of the way in which Ali was approached by Dr. Shields about her violation of the dress code? Does this seem advisable to you? 2. How much of a role do you think different cultural values played in this situation? Explain. 3. What can

> Classify each of the following controls as physical, technical, or administrative. Then, describe each control in your own words. a. Access control software b. Adequate supervision of employees c. Badges d. Encryption e. Firewalls f. Internal audits g. I

> Which element(s) of Carter’s taxonomy apply to each of the following situations? If more than one category applies, explain why. a. A bookkeeper steals cash as it comes into the company. The bookkeeper later falsifies accounting entries using general led

> The Payment Card Industry Security Standards Council (PCI DSS) has suggested standards to address cases similar to the Target data breach discussed in this chapter’s AIS in the Business World; the Council’s Web site is

> This chapter’s AIS in the Business World focused on Amazon, but many other companies are also involved in e-business. Consider one of the following as the basis for answering the questions below: Google, Dell, Best Buy. a. What forms of e-business does y

> a. What is the distinguishing characteristic of e-business that makes it different from traditional brick-and-mortar businesses? b. The chapter discusses five basic types of e-business arrangements. Identify and describe each one; give an example for eac

> Use the indicated Excel formulas to respond to the following independent situations. a. Formula: PMT. BBT Corporation wants to lease an ERP system for a period of three years. If the total lease price is $50,000, and the ERP vendor charges an interest ra

> a. When an organization implements an ERP system or enters into the e-business arena, it is exposed to a variety of risks. Use the COSO ERM framework discussed in Chapter 4 to design a generic risk management plan for one of those two situations. b. A sm

> Indicate whether each of the following statements is (i) always true, (ii) sometimes true, or (iii) never true. For those that are (ii) sometimes true, explain when the statement is true. a. Companies involved in e-business report higher profit margins t

> a. Companies considering utilizing an ASP might start the process by identifying a need to lower costs and increase flexibility. What other steps would a manager likely take in selecting an ASP? Who should be involved in such a decision? b. Refer to www.

> Choose one of the Fortune 100 companies; investigate it on the Internet and through your university’s library. Work with a group of students to prepare a PowerPoint presentation to fulfill the first three of Umble and Umble’s six conditions for promoting

> As you learned in the chapter, designing and implementing accounting information systems requires judgment and critical thinking. Each chapter will include an exercise like this one to help you develop those skills. Several statements related to the mate

> Which category of e-business (B2B, B2C, G2B, or G2C) best describes each of the following items? a. Buying materials for professional practice from www.aicpa.org b. Electronic reporting of state unemployment taxes c. Filing personal income taxes with Tax

> As you read in the chapter, the presence of a computer network is the defining characteristic of e-business. Research the topic and define each of the following terms related to networks and networking. a. Local area network b. Network architecture c. Ne

> The chapter mentioned three potential internal controls for an e-business environment: encryption, segregation of duties, and access restrictions. Consider your study of internal controls throughout this text; suggest five additional internal controls fo

> a. Point your Web browser to www.baselinemag.com. Locate and read “Hershey’s Sweet Victory” by David F. Carr. In the blinding light of hindsight, which of the common causes of ERP failure did Hershey experience? What could management have done to avoid t

> Consider the following data from BNF Corporation’s statement of cash flows for the quarter ended 31 March 2014: Cash received from issuance of capital stock ………………………..$ 9,499 Cash received from customers …………………………………………………9,215 Cash received from sale

> You’ll see a problem of this type in every chapter from here through the end of the text. In these problems, you’ll be considering the relationship between the current chapter’s material (XBRL in this case) and material discussed in earlier chapters (suc

> Indicate whether each of the following statements is (i) always true, (ii) sometimes true, or (iii) never true. For those that are (ii) sometimes true; explain when the statement is true. a. All necessary XBRL tags were developed by the XBRL Consortium.

> Fill in the blanks below with terminology that describes the benefits of XBRL for organizations and accountants. a. Consolidate results across ___ with much greater speed and reliability. b. Focus effort on ___ , rather than on laborious tasks in ___ dat

> Read “Six Steps to XBRL” by Phillips, Bahmanziari, and Colvard in the February 2008 issue of Journal of Accountancy. a. Is XBRL relevant to companies that don’t file with the SEC? Justify your response. b. List the six steps the authors recommend for cre

> The purpose of XBRL is to provide a context for understanding financial information. Several contextual categories associated with financial information are listed below; for each category listed, give at least two examples of how it might vary across or

> Use the adjusted trial balance from Problem 7 to prepare an income statement for the quarter ended 30 September 20x4 and a balance sheet as of 30 September 20x4 for GLP Corporation. Data from Problem 7: The unadjusted trial balance for GLP Corporation

> Point your Web browser to www.xbrl .squarespace.com. Summarize the information you find there, and evaluate it using the UMUC criteria discussed in Chapter 1.

> Your old friend, Bumble Beasley, just completed his accounting degree at Dewey, Cheatham and Howe University. Although he studied XBRL in several of his accounting and information systems courses, he’s not really sure he has mastered the topic. In talkin

> a. What is XBRL? How is it related to XML? b. Define the following terms related to XBRL: specification, taxonomy, instance document. c. How can XBRL benefit organizations? d. Will most accountants need to learn to write “code” in XBRL? If not, how can t

> Create database specifications for the following tables: create new community, community hero, create new community / community organizer.

> The Big Marker narrative explains the process used for starting and monitoring communities. Using the technique(s) specified by your AIS instructor, document that process.

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See Answer