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Questions and Answers

(51 solutions)

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You are an accounting student at a university and also a talented guitar player. During summer vacation, you are hired full time to do bookkeeping for a computer store. You work during normal business hours at the computer store. Your work there is supervised by the office manager, and you are paid an hourly wage. On Saturday nights, you play guitar at a pub. You bring your own instrument and you decide what music to play. You are paid a set price for this gig.
A question arises at both the store and the pub as to whether you are an employee or an independent contractor. This question is important because employers have certain obligations to employees that do not apply to independent contractors. For example, employers are liable for the wrongful acts of employees but generally not for the acts of independent contractors. Likewise, employers must withhold payroll taxes for employees but not for independent contractors.
Are you an employee or an independent contractor at the store and at the pub?

You are an employee of the computer store and an independent contractor of the pub....

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Posted by Cleveland on October 7, 2024
Mateo is sixteen years old and just got his first job bagging groceries at Harry’s Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry’s Market increases Mateo’s hours to six days a week and eight hours a day. Mateo’s mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo’s supervisor, Mateo’s supervisor explains to Isabel that:

under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs....

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Posted by Cleveland on October 7, 2024
Rosemary’s son Dave is a United States Marine. Dave was recently injured in a covert operation in the Middle East and now needs round-the-clock care. Rosemary works at the Silver Spoon Café, which has 63 employees. Rosemary advises her supervisor that she needs to take time off to care for Dave. Rosemary quickly uses up all her accrued leave time, so she applies for time off under the Family and Medical Leave Act (FMLA). Under the FMLA, Rosemary may take unpaid time off to care for her injured son for up to:

twenty-six weeks....

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Posted by Cleveland on October 7, 2024
Onida is an employee at Kale’s Manufacturing Company. The company makes bicycle tires, and Onida’s job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale’s Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely:

be successful because she was fired for an unlawful reason....

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Posted by Cleveland on October 7, 2024
Gerald has been a sales representative for Goldsmith’s Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith’s for wrongful termination, he will likely:

be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level....

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Posted by Cleveland on October 7, 2024
Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin’s face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin’s injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin’s work-related injury with the Occupational Safety and Health Administration (OSHA) within:

twenty-four hours....

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Posted by Cleveland on October 7, 2024
You’ve spent the last eighteen months writing a how-to book for entrepreneurs who want to establish their own business. As you put the final editing touches on the book, you start thinking about how you can protect your book, and how you can make sure you receive the profit from it.
What do you think you should do to make sure only you can profit from your work?

Nothing; copyright protection happens automatically once the work is in tangible form....

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Posted by Cleveland on September 26, 2024
Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe’s friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital “product” to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:

committed copyright infringement because her actions are not permissible under the first sale doctrine....

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Posted by Cleveland on September 26, 2024
Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family’s recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita’s main concern is protecting the recipe from being revealed to anyone else, Benita’s best approach is to treat the family fried gordita recipe as a:

trade secret....

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Posted by Cleveland on September 26, 2024
Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:

the Digital Millennium Copyright Act....

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Posted by Cleveland on September 26, 2024