Question

As a sole proprietor, Mr. Smith owns a factory where he employs over 100. He pays his employees $5.00/hour and makes them work 60 hours/week (all hours paid at $5.00/hour). The factory is not maintained well; there are many known hazards there. No matter the circumstances, he does not allow his employees more than three days of sick leave a year; any employee requiring more sick leave is fired. The women in the factory are often victims of sexual harassment by their co-workers and Mr. Smith knows this, but does nothing about it. Please list which federal laws Mr. Smith may be violating and for each, explain how Mr. Smith may be violating such law and, what, if any, remedies may be available for the victims of any such violations.

Answer 1

Mr. Smith is violating the following Labor Laws:

• Maximum number of work hours in a week
  • This is 40 hours in week’s work and the company must pay for the overtime
• Favorable employment conditions
  • The FLSA has various regulations on the factory conditions including safety assurance. Mr. Smith needs to comply to all.
• Unauthorized retaliation to leaves and breaks
  • The employee can raise a claim against retaliation
• Unfavorable work place for women employees
  • Title VII of Civil Rights of 1964 underlines the impact of sexual harassment malpractices at the work place