It is GIP’s established policy to hire only U.S. citizens to work at its plants.

This project will require you to examine and select human resources policies and procedures that minimize potential liability under federal and state wage, benefits, safety, immigration and veteran’s legal provisions. The assignment will present alternative policies and procedures for these areas of employment law. You will then examine the alternatives, identify potential legal problems with these alternatives, then select the best alternatives and give sound legal and practical reasons for your selections.

You will be given hypotheticals and three to four options to choose from.    I would like you to explain your selection of your favored option in no more than two paragraphs and the key reasons for rejecting the other options in two-three sentences for each option. 

1. ABC Corporation is a private sector manufacturing company that employs 450 assembly line workers. You are the HR assistant to the HR director. The director has compiled and given you the following proposed policies to review.

a. ABC Overtime Proposed Policy 1: Assembly line workers are salaried employees. As a result, under federal and state wage and hour laws, they are not eligible for overtime pay and will not be compensated beyond their weekly salary amount for working over 40 hours per week.

b. ABC Overtime Proposed Policy 2: Assembly line workers shall receive comp time in the amount of 1.5 times any hours worked over 40 in a given work week. Comp time hours must be used within 6 months from the end of the week for which they were earned. Comp time hours not used within this period become invalid.

c. ABC Overtime Proposed Policy 3: Assembly line workers are paid solely based on production. As a result, assembly line workers are not eligible for overtime pay.

d. ABC Overtime Proposed Policy 4: Assembly line workers shall be compensated at the rate of 1.5 times their hourly rate for all hours over 40 worked in a given week.

Select the best Proposed Policy. Support your choice based on the applicable laws. Then, give legal reasons for rejecting all other Proposed Policies, setting forth each word, phrase or sentence which is a potential violation of the FLSA and the provision(s) that it violates.

2. XYZ Apparel is a retail store that employs 25 part-time retail clerks. The duties of the retail clerks include stocking shelves, reconciling the register, apprehending shoplifters, customer service and sales. You are the HR assistant to the owner who has given you the following proposed policies to review.

a. XYZ Proposed Policy 1: XYZ provides excellent entry-level opportunities. We pay all retail clerks in accordance with the required minimum wage. XYZ requires all retail clerks to arrive at least 10 minutes before their shifts begin and to remain on the premises after the store closes to complete all tasks pursuant to our closing procedures. Because these are preparatory tasks, you will not be compensated for these periods.

b. XYZ Proposed Policy 2: XYZ is a retail sales operation. Given that you are a customer sales representative, you will not receive a salary or hourly wage, but will be compensated solely based on a 5% commission of your gross sales.

c. XYZ Proposed Policy 3: XYZ compensates all retail clerks for minimum wage for all hours worked, including preparatory time and time required after your shift to perform assigned closing duties.

d. XYZ Proposed Policy 4: XYZ compensates all retail clerks for minimum wage for all hours worked, including preparatory time and time required after your shift to perform assigned closing duties. You will be granted a one half hour lunch period in the event that your shift exceeds four consecutive hours. You must remain in the store during these periods. Though it is rare, you will be on-call during your lunch period to help. Due to the difficulty of compensating for these random on-call duties, you will not be compensated for your lunch period.

Select the best Proposed Policy. Support your choice based on the applicable laws. Then, give legal reasons for rejecting all other Proposed Policies, setting forth each word, phrase or sentence which is a potential violation of the FLSA and the provision(s) that it violates.

3. GRAS Lawn Maintenance is a lawn-mowing firm. It contracts with home and business owners to mow their lawns according to a regular schedule. It has 5 crews consisting of 3 employees each. Crew members arrive at GRAS headquarters at 8:00 a.m. Monday – Friday. If it is raining that day, they are sent home. They are expected to work on weekends, with the same starting time, as the weather and workload dictates. They are given a list of lawns to mow in accordance with directions, at the beginning of the day. They drive company trucks and use only company equipment. You are the HR assistant to the owner who has given you the following proposed policies to review.

a. GRAS Proposed Policy 1: GRAS lawn professionals are independent contractors. As a result, you will be paid by the job at the rate of 10% of the gross amount received by GRAS for each lawn mowed.

b. GRAS Proposed Policy 2: GRAS lawn professionals are hourly employees who will be compensated at the rate of $15 per hour for all hours worked and $22.50 for all hours worked in excess of 40 hours during a workweek. In the event that that you arrive at work and, due to weather conditions, no mowing will occur on that day, you will be compensated at your hourly rate from the time of arrival until a determination that no work will be conducted that day is communicated to your by your supervisor.

c. GRAS Proposed Policy 3: GRAS lawn professionals are highly compensated individuals who will be paid a salary of $500 per week. You will be paid this amount even if no work can be performed on some days due to weather conditions. In return for this guaranteed salary, you will not be paid any overtime when you work more than 40 hours during a given workweek.

d. GRAS Proposed Policy 4: GRAS lawn professionals will be paid on the basis performance. Each lawn has been assigned a fair time duration that will be required for completion. You will be paid $10 per hour for the time that you spend at a job, not to exceed the assigned fair time value.

Select the best Proposed Policy. Support your choice based on the applicable laws. Then, give legal reasons for rejecting all other Proposed Policies, setting forth each word, phrase or sentence which potentially violates the FLSA and the provision(s) that it violates.

4. Spill is a chemical manufacturer. It manufactures a variety of toxic and flammable products that are widely used in a variety of industries. You are the HR assistant to the HR director. The director has compiled and given you the following policies to review.

a. Spill Proposed Policy 1: At Spill, safety is our primary concern. Upon employment at Spill, it is your obligation to conduct internet research to determine the safety equipment and gear that you will need to work at Spill. We will reimburse you for safety equipment and gear that Spill, in its sole discretion, determines to be necessary to perform your job upon presentation of receipt. We will also provide you with a list of toxic and flammable chemicals that you will be exposed to on the job. It is your responsibility to research these chemicals and to determine proper procedures for handling them prior to beginning employment. You will be given a quiz on the first day of employment and must pass this quiz to begin employment.

b. Spill Proposed Policy 2: At Spill, safety is our primary concern. You will be provided with OSHA compliant training for all of the chemical industry standards pertaining to safety procedures for all chemicals and products that you will be exposed to and working with. A complete list of all chemicals and products that you will be working with, including the risks and dangers associated with each, is located in the main office for your review and inspection.

c. Spill Proposed Policy 3: At Spill, safety is our primary concern. Given that, Spill engages in the chemical industry, it is exempt from both state and federal occupational safety laws.

Select the best Proposed Policy. Support your choice based on the applicable laws. Then, give legal reasons for rejecting all other Proposed Policies, setting forth each word, phrase or sentence which is a potential violation of OSHA and the provision(s) that it violates.

5. GIP is a pork processing company. It regularly employs seasonal employees to work in its plants processing pork. You are the HR assistant to the HR director. The director has compiled and given you the following sets of immigration, unemployment and workers’ compensation policies for review.

a. GIP Proposed Policy Set One: It is GIP’s established policy to hire only U.S. citizens to work at its plants. By reading this policy, you affirm, under oath and penalty of perjury, that you are a U.S. citizen lawfully working in the U.S. and that you will hold GIP harmless if it is determined that you are not legally entitled to work in the U.S. You also agree that in the event that your job at GIP ends, you will agree to a one-time payment of $250.00 and will not seek unemployment compensation. Furthermore, GIP will cover you under a general disability policy, at no cost to you, in lieu of workers’ compensation benefits.

b. GIP Proposed Policy Set Two: GIP has attempted to verify your citizenship status in the U.S. Employee agrees that he or she is an independent contractor and that GIP is not legally required to cover employee under unemployment and worker’s compensation laws.

c. GIP Proposed Policy Set Three: Say nothing about immigration laws, unemployment and worker’s compensation. Simply require employees to provide the proper documentation, complete and retain I-9 Forms.

Select the best Proposed Policy. Support your choice based on the applicable laws. Then, give legal reasons for rejecting all other Proposed Policies, setting forth each word, phrase or sentence which is a potential violation of immigration, unemployment and/or workers’ compensation laws.