1. Review Exhibit 1.1 in your assigned reading, Realities about the Regulation of Employment. Do you believe these realities? Why? Have you had any experience with any of these issues? Is there a difference in connection with these realities between what the law says and how it is implemented in the workplace?
2. Twenty-five former student registered nurse anesthetists (SRNAs”) who attended a masters degree program at Wolford College, LLC, were required to participate in a clinical curriculum, which, under Florida law, was a prerequisite to obtaining their masters degrees. The students had to participate in a minimum of 550 clinical cases in a variety of surgical procedures. The patients with whom these students worked paid the hospitals or clinics for these surgical services through their health insurance or out of pocket. The students received none of that money. The students sued to receive unpaid wages and overtime under the Fair Labor Standards Act for their clinical hours. The Eleventh Circuit found it appropriate to “focus on the benefits to the student while still considering whether the manner in which the employer implements the internship program takes unfair advantage of or is otherwise abusive towards the students.”
Do you think the student interns were employees entitled to wages? Do you think there are scenarios where interns should not be entitled to wages? If the court does find that these students are entitled to wages, who then is liable: the university or the clinics? [Schumann v. Collier Anesthesia, P.A., 803 F.3d 1199, 1209-12 (11th Cir. 2015)]
3. Uber Technologies, Inc. develops, markets and operates the Uber app. The app allows consumers to request an Uber driver to pick them up and drop them off at the nearest location. Uber drivers use their own personal cars and are viewed by Uber as independent contractors. Uber views the app as a conduit between the transportation providers and passengers. A passenger brought action against Uber after the Uber driver stabbed the passenger following an alteration. The passenger alleged that Uber was liable for negligent hiring, training, and supervision.
Should Uber be held liable for the actions of its driver? What must the passenger prove to win this case? [Search v. Uber Techs., Inc., 128 F. Supp. 3d 222 (D.D.C. 2015).]
Reading from McGraw-Hill Connect, Employment Law for Business, Chapter 1
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