Renee Thomas

Final Exam Essays

1) As I am aware, flex-time allows employees to work different hours that are

convenient for them, as long as those hours are worked and the job duties
are performed and finished efficiently. In this case, a flex-time schedule would
not be a reasonable accommodation for Helen Baker. Her condition would
make her absent for days at a time, not hours. As a medical secretary, her
attendance is necessary to perform the essential duties of that job. An
employee who cannot work a regular and predictable schedule is not meeting
an essential function of his or her job. The employer is not required to
eliminate an essential function as a reasonable accommodation. Removing an
essential function of the job would cause an undue hardship. A reasonable
accommodation that could possibly be offered is the use of sick time and
vacation time to cover the absences. But if Baker uses up all of the allowed
sick and vacation times and is absent in excess of these days, this would
cause an undue hardship as well, but would be a reasonable accommodation
to offer.

2) Northern Railway is not correct. The employer is responsible for injuries that
are caused while the employee is doing any work connected with the job.
King was performing work duties (cleaning debris from the railroad) when he
was injured by someone else. The teenager is probably a minor and cant be
sued, but thats another issue. It doesnt matter who is at fault, and that is
why there is such a thing as workers compensation. An example would be a
delivery driver making a delivery when another driver (not employed by the
same employer) hits him and causes injury. The employee was doing workrelated duties, and therefore the employee must provide workers comp
benefits because the injury arose out of or in the course of employment.
3) Bright Whites deciding factor to hire White is that she is willing to accept a
lower salary. They may feel that Barnes qualifications and salary expectations
are beyond what they need and are willing to pay. This is not age
discrimination, and it is not illegal. The employer would have to show burden
of proof.
4) Renee Norm seems to be an Administrative employee (her primary duties are
office duties and research). Under the Fair Labor Standards Act 13(a)1,
administrative salaried employees are exempt from overtime pay if they
receive no less than $455 per week. Norm is paid approximately $1884 per
week. Her job duties are directly related to the management of the business
and the businesses customers.

5) Mills may have some recourse. She has an additional seven days to revoke
her signature. It seems to me that Mills was rushed into signing the waiver.
She was ill for 17 days and probably was not able to fully read and
understand the waiver. She may also want to check and see if the waiver was
defective. If it was not clearly written as to which an average person could
understand, if it did not specifically refer to ADEA rights/ claims, or if it did not
advise her to consult with an attorney, the ADEA would find it to be defective
and null and void.