Topic 1: Your company has recently hired a new person. Shortly after this individual begins work, the company receives a quot;garnishment…

Topic 1:

Your company has recently hired a new person. 

Shortly after this individual begins work, the company receives a “garnishment order” for failure to pay child support. This court order specifies that a certain percentage of the employee’s salary must be deducted from each paycheck in order to satisfy a money judgment that has been entered against the employee.

After complying with the first court order for several paychecks, the company receives another court order to stop paying the garnishment for child support. Reason for this action by the court is the employee was not notified of the proceedings that led to a money judgment against him.

A few months later, for the same failure to pay child support, the company receives ANOTHER court order directing the company to “garnish” a percentage of the employee’s wages.

The boss shows up at your door. 

“This is too much,” he says. “I want to get rid of this guy because these garnishment orders are driving me crazy.”

1. What would you advise the boss – about firing the employee for the child support garnishment orders relating to failure to pay child support? Research federal and a specific state law on issue of garnishment of this worker’s pay. How do the two laws differ, if at all?  

2. A month later another garnishment order arrives – this time for a different case; a judgment was entered against the employee in a personal injury case (a car accident), the employee had proper notice of the court proceedings but chose not to defend, and judgment was entered against him. Be sure and support your advice relative to federal and a specific state law. 

3. Would your advice to your boss change after receiving the garnishment order relating to the car accident? How?

 Topic 2:

Imagine you have two friends who work for a “disaster recovery business.” 

 A disaster recovery business responds to calls from [potential] clients who have had a “disaster” damage their home – for example, a pipe burst and caused a flood, or the cat knocked over a halogen lamp causing fire damage in the living room, or a hurricane has broken a window and damaged a room.

 Business has picked up and this small, 2-man company decides to hire a new employee.

This person will staff an office from 9-5 M-F and take calls 24/7 from people who have had a disaster. 

The person will keep track of invoices, billing, payments, etc. They would need to carry a mobile phone and answer calls that could arise 24 hours a day/7 days a week.  

 Your friends know you’ve taken an employment law course and ask you for help.

Draft a memo setting forth the legal responsibilities (if any) towards this person.  

1. Discuss in detail, in relation to both federal and a specific state law, if the company has to pay the employee by the hour for each hour they carry the mobile phone? 

2. What does being on call 24/7 really mean?

3. What can or cannot the employee do while on call 24/7?

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