Discussions:
Jones was an employee at Smith's Concrete Supply. One afternoon Jones improperly loaded the cement mixer in direct violation of Smith's company policy. Jones did not realize how dangerous this was, and he suffered a serious back injury while loading the cement mixer. Smith claims that the company is not liable for Jones's injury because Jones did not follow proper safety procedures.
1. Is Jones entitled to Worker's Compensation benefits? (Yes or No)
2. Why or why not?
Calzoni Boating is a nationwide business that manufactures and sells boats. The company has 500 nonunion employees. The employees have requested a work schedule of four days per week, ten hours per day (for a total of 40 hours per week). Management is concerned that this would require paying overtime (time and a half) after eight hours per day.
1. Which federal statute requires employers to pay overtime in some circumstances?
2. If Calzoni accepts the proposed work schedule, would Calzoni have to pay any overtime to the workers if they worked the proposed hours? (Yes or No)
3. Why or why not?
Pete Gaffrey is a well-known, wealthy financier. Alan Winter, Gaffrey's friend, tells Til Borge that he (Winter) is Gaffrey's agent for the purchase of rare coins. Winter even shows Borge a local newspaper clipping mentioning Gaffrey's interest in coin collecting. Borge, knowing of Winter's friendship with Gaffrey, contracts with Winter to sell Gaffrey a rare coin valued at $25,000. Winter takes the coin from Borge and disappears with it. On the date that the contract payment was due, Borge seeks to collect from Gaffrey, claiming that Winter's agency made Gaffrey liable. Gaffrey was surprised by this claim. Gaffrey does not deny that Winter was a friend, but says that Winter never worked for him.
1. According to Borge, who was the principal? (Borge, Gaffrey, or Winter)
2. According to Borge, who was the agent? (Borge, Gaffrey, or Winter)
3. Did an agency relationship actually exist? (Yes or No)
4. Can Gaffrey be held liable under the theory of agency by estoppel? (Yes or No)
5. Why or why not?