Case Study Of Legal Aspects Of Human Resource Management: Juino

Ahmani Nkwodimmah

Legal Aspects of Human Resource Management – Fall 2016

Wilmington University

Though the court was quite clear that simply identifying workers as volunteers is insufficient to prevent Title VII application, does the name by which an employer calls its workers matter at all? In other words, does it matter at all whether the employer calls its workers volunteers or employees, or is it completely irrelevant? Technically, in this case Juino is not to be recognized as an employee, because she is simply a volunteer. Juino was hired by the company on the basis of volunteering. By definition, an employee is a worker who receives some form of monetary pay and/or benefits from its employer. A volunteer is a worker

However, as a volunteer Juino is not granted the legal luxuries that an employee has. Besides, harassment and discrimination whether a person is a volunteer or not

Of the factors considered critical by the court in reaching its conclusion, which seem more critical to a determination of employment status? In my opinion, the most critical factor in reaching a conclusion in determining the employment status of Juino is if she received any remuneration. According to the University of Minnesota, the threshold-remuneration approach requires the volunteer/employee to show significant compensation in the form of direct cash payments or significant benefits before the court will consider other common law. Therefore, if Juino’s wages correlate to the standard wages and salaries requirements under the Fair Labor Standards Act., the court can rectify if Juino is to be considered a regular employee or not.

Can you think of any public policy reasons why Title VII should be interpreted or amended to require employers to consider some or all volunteer workers as

When someone is volunteering their time with an organization and in return they are being harassed and discriminated against, they should have the right to file charges against the organization regardless of being an employee or not. However, I do understand why volunteers are not permitted to file against the company. Volunteering is not thought of as having a long relationship with the employer, like employee and employer relationships. Which may be a reason for the lack of laws that support volunteer workers. On the other side there are volunteers who have been doing volunteer work with the same organization for years, but they are still given no rights under Title