Assignment #1: Regulating Employment

Instructions: Answer the following questions regarding Regulating Employment Law. The purpose of this activity is to help you understand some of the key concepts covered in this week's lesson. Please answer the questions below; read carefully and answer completely to receive full credit. I am looking for how thorough you answered the question, how well you presented your information, and how clear you were. I am also looking for how you tie the lesson concepts and readings to your answers. "I think and I feel" answers without correlation to the lesson and examples will not be sufficient. While there is no required word count, simply recalling text will not be sufficient. To submit your answer, click the assignment title. Please attach via Microsoft Word. To attach a file, under the submission box you will see the attached file section. Browse your computer and select the saved file with your answers, and click submit. If you have questions, please ask prior to the due date. Question(s): 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 master’s degree program at Wolford College, LLC, were required to participate in a clinical curriculum, which, under Florida law, was a prerequisite to obtaining their master’s 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)] 2. 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).]