LCBH250 – 8A – Hospitality Business Law
Assignment Details – Week 5 Individual Project
Details
Description:
Deliverable length: 300–600 words
Course Objective(s):
Identify the legal requirements and ramifications of the selection,
management, retention and termination of employees
Assignment:
You are a labor arbitrator who has been hired to render an award in the
following conflict:
The Le Cordon Bleu Hotel employs more than 100 people at its sole location.
Darrin and Delia Grant had both been employed by the Le Cordon Bleu Hotel
when Delia gave birth to their first child. Darrin had been working for the hotel
for 5 years. Delia was hired by the hotel shortly before she discovered she was
pregnant and was working at the hotel 7 months before the baby was born. Per
state law, Delia had been given 6 weeks disability for the birth of her baby.
After the baby was born, both Delia and Darrin requested 12 weeks unpaid
leave (for a total of 24 weeks) under the Family and Medical Leave Act
(FMLA). The hotel granted Darrin’s request for 12 weeks, but denied Delia’s
request. Delia remained out of work after the state disability ended. Her boss
called her to state that she needed to return to work. She responded that she was
entitled to 12 weeks FMLA and that she would return at the end of those 12
weeks. Delia’s boss called her the next day to state that she had been terminated
because she had failed to report to work.
Delia was distraught by the termination, and Darrin needed to attend to his wife
and infant. He advised his boss that he would be taking his 12 weeks FMLA
that had been granted. When Darrin returned to work 12 weeks later, he found
that he had been assigned a different shift and was demoted with a significant
cut in pay. Although both Darrin and Delia Grant agree that their employment
was at will, they filed this action stating that Delia’s termination and Darrin’s
change of shift and demotion were against public policy.
Delia is seeking reinstatement. Additionally, Delia states that there were
numerous dates that she worked more than 8 hours in a day and was not paid
overtime. The hotel has provided Delia’s time cards which show that Delia
often worked more than 8 hours per day, but she never worked more than 40
hours in a week.
Darrin is seeking reinstatement of his old position at his old rate of pay. Further,
he states he is entitled to back-pay for the period when he was demoted.
Answer the following questions:
What is your decision?
Was Delia protected under FMLA? Was Delia’s termination against
public policy?
Was Darrin protected under FMLA? Was Darrin’s demotion against
public policy?
Under the Fair Labor Standards Act (FLSA), was Delia entitled to timeand-a-half for those days she worked more than 8 hours?
Please submit your assignment.
Use a minimum of 2 credible academic and professional sources to support
your response. All references should be documented in APA format.
