Deliverable length: 300–600 words
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:
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