Your company has recently hired a new person.
Shortly after this individual begins work, the company receives a “garnishment order’ for failure to pay child support. This court order specifies that a certain percentage of the employee’s salary must be deducted from each paycheck in order to satisfy a money judgment that has been entered against the employee.
After complying with the first court order for several paychecks, the company receives another court order to stop paying the gamishment for child support. Reason for this action by the court is the employee was not notified of the proceedings that led to a money judgment against him.
A few months later, for the same failure to pay child support, the company receives ANOTHER court order directing the company to “garnish” a percentage of the employee’s wages. The boss shows up at your door. ‘This is too much,” he says. “I want to get rid of this guy because these garnishment orders are driving me crazy.”
- What would you advise the boss – about firing the employee for the child support garnishment orders relating to failure to pay child support? Research federal and a specific state law on issue of garnishment of this workers pay. How do the two laws differ, if at all?
- A month later another garnishment order arrives – this time for a different case; a judgment was entered against the employee in a personal injury case (a car accident), the employee had proper notice of the court proceedings but chose not to defend, and judgment was entered against him. Be sure and support your advice relativ state law.
- Would your advice to your boss change after receiving the garnishment order relating to the car accident? How? Use a minimum of one HR/legal reference. Here are a few links to get you started. https://www.fair-debt-collection.com/defend-debt-lawsuits-and-fight-wage-garnishment/state-wage-garnishment-laws.html [ Wage garnishment for all 50 states] Imagine you have two friends who work for a ”disaster recovery business.”
A disaster recovery business responds to calls from [potential] clients who have had a “disaster’ damage their home – for example, a pipe burst and caused a flood, or the cat knocked over a halogen lamp causing fire damage in the living room, or a hurricane has broken a window and damaged a room.
Business has picked up and this small, 2-man company decides to hire a new employee. This new employee will staff an office from 9-5 M-F and take calls 24/7 from people who have had a disaster. The new employee will keep track of invoices, billing, payments, etc. The new employee would need to carry a mobile phone and answer calls that could arise 24 hours a day/7 days a week. Your friends know you’ve taken an employment law course and ask you for help. Draft a memo setting forth the legal responsibilities (if any) towards this person.
- Discuss in detail, in relation to both federal and a specific state law, if the company has to pay the new employee by the hour for each hour they carry the mobile phone?
- What does being on call 24/7 really mean?
- What can or cannot the new employee do while on call 24/7?
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Must use two HR/legal references. Here are a few references to get you started. http://www.washlaw.edu/uslaw/ [Link to all state laws.]
Joe has had a difficult life. His parents separated when he was an infant. His mother began drinking heavily to deal with her depression and became alcoholic. Social Services intervened to remove Joe from his mother’s care. Joe’s grandmother took Joe in and raised him from infancy.
Joe is now employed for your company which is situated in Califomia.
His grandmother needs a serious operation on her eyes and will require constant monitoring and help 24 hours a day 7 days a week. Joe asks for 6 weeks unpaid leave from his important job to provide care for his grandmother.
Your boss comes to you – “Are we legally obligated to grant Joe unpaid leave and guarantee him his job?”
- Write a memo to your boss:
A. What are the Federal FMLA eligibility requirements relative to Joe being able to take unpaid leave and have a guaranteed job, to take care of his grandmother?
B. What are the Calif FMLA eligibility requirements relative to Joe being able to take unpaid leave and have a guaranteed job, to take care of his grandmother? Only address differences between Calif FMLA and Fed FMLA, if any, as to the question of Joe being able to leave to take care of his grandmother? Use a minimum of two HR/legal references to support your conclusions. Below are three links to get you started.