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Question
NovaTech Packaging contracts with worker A under a standard wage-and-hours arrangement. The payroll assistant, working under the supervision of line supervisor M, adjusts time records to underpay A by 8% for two consecutive pay periods. M has supervisory duties but does not process payroll and does not participate in the underpayment, yet he is aware of the discrepancy and does not report it or stop it. The company later discovers the underpayment and corrects the wages going forward. (a) State the Bystander Rule and explain its impact on personal liability in labor relations when a coworker commits wage underpayment. (b) Distinguish when liability attaches to the employer for acts of its employees versus when a non-participating bystander may be personally liable. (c) Apply the rule to these facts: Is NovaTech Packaging liable for the underpayment to A? Is M personally liable as a bystander? Explain your reasoning.