Employment Law
Case One: A. Ms. iyadh is employed as an account executive with ABC Advertising ("ABC"). ABC is a national marketing and advertising firm specializing in domestic and international advertising. ABC has its corporate headquarters in this state and represents many major public and private corporations throughout the United States. Ms. iyadh began working with ABC as a summer intern during her senior year in business school, and was hired as a full-time employee after receiving her M.B.A., with honors, from the University of Michigan in 1978. Ms. iyadh has been employed with ABC at its office in the state capital since 1978. During her employment, she has won three national awards for her work. For several reasons, Ms. iyadh believes ABC has illegally discriminated against her and she now wants to sue the company. She says the company's practice has been to promote employees from within. Ms. iyadh states…...

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References

Age Discrimination: Who Is Protected? (2014) NCI Direct. Retrieved from:  http://www.nidirect.gov.uk/age-discrimination 

Disability Discrimination in the Workplace: An Overview of the ADA (2013) NOLO Law. Retrieved from:  http://www.nolo.com/legal-encyclopedia/disability-discrimination-workplace-overview-of-30123.html 

National Origin Discrimination (2013) Workplace Fairness. Retrieved from:  http://www.workplacefairness.org/nationalorigin?agree=yes#1 

Schlinker, JC and Payok, MK (2005) The Customer is Not Always Right. Michigan Bar Journal. Jan 2005. Retrieved from:  http://www.michbar.org/journal/pdf/pdf4article830.pdf

Employment Law
Hypothetical Case:

John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. How will he proceed?

Laws Prohibiting Job Discrimination

There are several U.S. federal laws that prohibit job discrimination. These include

Title VII of the Civil ights Act of 1964:

The law prohibits employment discrimination based on race, color, religion, sex, or national origin.

Equal Pay Act of 1963:

Prohibits sex-based wage discrimination.

Age Discrimination in Employment Act of 1967:

Protects workers of 40 years and older from discrimination.

Title I and V of American Disabilities Act of 1990:

Prohibits employment discrimination against qualified individuals with disabilities.

Civil ights Act of 1991:

provides for damages in cases of intentional employment discrimination. ("Federal EEO Laws," 2004)

All of the above mentioned laws against job discrimination are enforced by the U.S. Equal Employment Opportunity Commission (EEOC) -- the agency responsible for enforcing Federal Equal EEO laws and for coordinating the Federal government's effort to eradicate…...

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References

"California Information for Employees, and Applicants for Employment." (n.d.) Eeolaw.org. Retrieved on September 8, 2005 from  http://www.eeolaw.org/ee-guide-ca.html 

'Discrimination Complaint Process -29 CFR 1614." (n.d.) U.S. Department of Health and Human Services. Retrieved on September 8, 2005 from  http://www.ihs.gov/AdminMngrResources/eeo/download/1614.pdf 

'EEOC's Charge Processing Procedures." (2003). The U.S. Equal Employment Opportunity Commission. Retrieved on September 8, 2005 from  http://www.eeoc.gov/charge/overview_charge_processing.html 

"Federal Equal Employment Opportunity (EEO) Laws." (2004). The U.S. Equal Employment Opportunity Commission. Retrieved on September 8, 2005 from  http://www.eeoc.gov/abouteeo/overview_laws.html

Employment Law
ole of Employers and Government Agencies

oger Karnes (2009) cites Charles Dickens' "A Christmas Carol" as an intellectual template for thinking about employer and employee relations, with the inherent warning that the boardroom will always put profits first, even at the expense of an employee's health and safety. During the 20th century, a social contract emerged between employees and employers that provided long-term employment, fair wages, and in some cases pensions. As the century grew long, the government took on a greater role when political representatives created protections for the unemployed, underemployed, minorities, and those without pensions. The role of government in regulating the relationship between employers and employees continued to expand when employee safety became a recognized issue that needed to be addressed.

The role of employers for protecting the health and safety of employees is widely recognized and many businesses take this responsibility seriously; however, the expanding role of…...

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References

DOL (U.S. Department of Labor). (n.d.). Summary of the major laws of the Department of Labor. DOL.gov. Retrieved 21 Sep. 2012 from   Agency tools. DOL.gov. Retrieved 21 Sep. 2013 from http://ogesdw.dol.gov/agency_tools.php.http://www.dol.gov/opa/aboutdol/lawsprog.htm ;

Dowling, Donald C. (2010). U.S.-based multinational employers and the social contract outside the United States. ABA Journal of Labor & Employment Law, 26(1), 77-100.

Karnes, Roger E. (2009). A change in business ethics: The impact on employer-employee relations. Journal of Business Ethics, 87, 189-197.

LII (Legal Information Institute). (n.d.). Workers compensation. Legal Information Institute, Cornell University Law School. Retrieved 21 Sep. 2013 from  http://www.law.cornell.edu/wex/workers_compensation .

This decision overturned the previous decision in Atkins v. Children's Hospital which held that a state maximum hour law was an unconstitutional infringement on the right of freedom of contract and hence a violation of the Due Process Clause. The justification of the Court's reversal was based upon the declaration that a public interest was vested in ensuring an adequate level of wages for working individuals;
2) Jones and Laughlin v. NLR (1937) - the Supreme Court held that the NLRA was a constitutional exercise of Congress' power under the Commerce Clause. In so holding, the Court rejected previous interpretations of the Commerce Clause that had placed severe limits on Congressional power to legislate regarding the private sector. The Court justified reversal in this case based upon the declaration that there is a public interest in ensuring an adequate level of wages for working people. (Stone, 2008, p. 4)

IV. LAWS…...

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Bibliography

Stone, Katherine V.W. (2008) the Future of Labor and Employment Law in the United States. UCLA School of Law & Economics Research Paper Series. Research Paper No. 08-11.

Estreicher, Samuel and Yost, Kristina (2008) Measuring the Value of Class and Collective Actions Employment Settlements: A Preliminary Assessment. 20 May 2008.

Sachs, Benjamin I. (2008) Employment Law as Labor Law. 25 May 2008. Electronic copy available at  http://ssrn.com/abstract=1137901 

Federal Laws Prohibiting Job Discrimination Questions and Answers (nd) the U.S. Equal Employment Opportunity Commission. Online available at  http://www.eeoc.gov/facts/qanda.html

Employment Law
Business Law

As the HR Manager for the software development company MicroSonic Inc., I was required to retain the services of a headhunter in order to quickly fill the position of a project manager for a federal government contract to develop within one year software for the military. Unfortunately, halfway through the project the position became available because the previous project manager had died of a heart attack.

The headhunter produced information on what appeared to be an ideal candidate named Bill Yates who is currently employed by a leading U.S. software development company with offices in Canada. Bill Yates is a U.S. citizen but is currently working out of country in a Vancouver office. There are 4 legal risks that I will bear in mind when deciding to pursue Yates. These pertain to immigration as related to:

Residency

Taxes

Citizenship

Security and criminal clearance

It is not enough for the recruiter to simply fill the…...

On February 15, 2012, the DOL published a Notice of Proposed ulemaking in the Federal egister to integrate the changes commanded by the amendment. On June 22, 2010, the DOL in an Administrator's Interpretation clarified the definition of son and daughter under the Family and Medical Leave Act to make sure that a worker who takes on the role of caring for a child receives parental rights to family leave regardless of the legal or biological connection. According to the rule no one who loves and nurtures a child everyday should be not be able to care for that child when he or she falls ill. No one who steps in to parent a child when that child's biological parents are not present or incapacitated should be deprived of leave by an employer because he or she is not the legal guardian. No one who aims to raise a…...

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References

Employment Law - Guide to Labor Law. (2012). Retrieved from  http://www.hg.org/employ.html 

Employee Rights and Responsibilities under the Family and Medical Leave Act. (2009).

Retrieved from  http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf 

Greenwald, J. (2009). FMLA rule tweak helps ease concern. Retrieved from:

Employment Compliance
Employment law for a limousine service in Austin, Texas with 25 employees would consist of the American with Disabilities Act, Fair Labor Standards Act of 1938, Equal Opportunity Law, OSHA, and Unemployment enefits Law. The Americans with Disabilities Act requires employers to make reasonable accommodations for disabled individuals. The Fair Labor Standards Act set minimum wage and overtime requirements. Equal Opportunity Law prohibits discrimination and sets standards for equal opportunity among applicants. OSHA law sets safety standards in the workplace. And, the Unemployment Law requires employers to pay unemployment taxes.

The Americans with Disabilities Act requires employers with 15 or more employees to make reasonable accommodations for disabled employees and applicants unless it presents an undue hardship on the employer (Facts about Americans with Disabilities Act, 2008). A disabled person has a mental or physical impairment that limits one or more major life activities, has documentation of the disability, and…...

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Bibliography

Basics of Unemployment Benefits. (2013, Mar 21). Retrieved from Texas Workforce Commission:  http://www.twc.state.tx.us/ui/bnfts/basics-unemployment-benefits.html 

Facts about Americans with Disabilities Act. (2008, Sep 9). Retrieved from Equal Employment Opportunity Commission:  http://www.eeoc.gov/facts/fs-ada.html 

Labor Code. (n.d.). Retrieved from State of Texas:  http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.21.htm 

Safety and Health Standards: Occupational Safety and Health. (2009, Sep). Retrieved from United States Department of Labor:  http://www.dol.gov/compliance/guide/osha.htm

Looking at the claims of John Doe and the possible defenses by AC Science as an attorney, I would recommend that the company reach some type of settlement with Mr. Doe allowing him to retain a position within the company. His claim under the ADA appears to be very strong and supported by the facts. An adverse decision could be damaging to the company, not only financially, but also from the standpoint of bad publicity. However, any financial burden imposed on the company by a jury under the ADA could be dwarfed by an award under the ADEA. Juries have a tendency to emphasize more with older plaintiffs where they may not with plaintiffs suing under sex or disability discrimination. Settlement would be the best outcome. y all accounts Mr. Doe was a valuable employee and there should be a place for him within this company.

ibliography

AARP. (n.d.). Age Discrimination at…...

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Bibliography

AARP. (n.d.). Age Discrimination at Work. (n.d.). Retrieved April 18, 2005 at  http://www.aarp.org/money/careers/jobloss/Articles/a2004-04-28-agediscrimination.html .

Americans with Disabilities Act. U.S. Department of Justice. (n.d.). Retrieved April 18, 2005 at  http://www.usdoj.gov/crt/ada/adahom1.htm .

The Americans with Disabilities Act Questions and Answers. Consumer Law Page. (n.d.). Retrieved April 18, 2005 at  http://consumerlawpage.com/brochure/disab.shtml .

DelPo, Amy. Age Discrimination. Nolo.com. (n.d.). Retrieved April 18, 2005 at http://www.nolo.com/article.cfm/ObjectID/1DB0BA4D-38DC-41A0-A52E8F9ED31E803E/catID/57153B2E-F39E-48DA-830ADA31F5A23325/104/150/175/ART/.

Employment Law Compliance Plan
Atwood and Allen Counsulting

The Payday Law of Texas

The Compensation Act of Workers of Texas

The Minimum Wage Law of Texas

The Law of Texas on Employment Discrimination

The Employment Law Compliance Plan

Claims of disability, age, sex and race discrimination and employment discrimination litigation are the factors included in employment laws. From hiring through termination, in all aspects of the employment relationship the counseling of employers is another large component which is included in an employment law practice (Weiler, 1990). To enforce non-competition agreements the suits, misappropriation of trade secrets involved in cases, hour and wage cases are the other types of employment litigation.

In innovation and business development, Atwood and Allen Consulting is one of the leaders and its team is the reason behind its success. For one of our clients, whose name is Bradley Stonefield, I with my team will develop an employment law compliance plan. Providing first-class transportation is…...

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References

Lang, K., & Kahn, S. (1998). The effect of minimum-wage laws on the distribution of employment: theory and evidence. Journal of Public Economics,69(1), 67-82. Retrieved from:

http://www.sciencedirect.com.ezproxy.apollolibrary.com/science/article/pii/S0047272797000856

Reynolds, D. (2007). Look at Payday Loans & Current Regulation in Texas, A.Tex. Tech. Admin. LJ, 8, 321. Retrieved from:

 http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ttalr8&section=17

Employment Law
First Quote

"We are poised this year to more than double or even triple business," says Ms Turley. Ms Turley is a 58-year-old lady who has a company which makes clothes which are licensed with colleges and football team logos and colours. "And then this happened.... We have to find another way to get there." (Maltby, 2013)

Context of the quote

Penalties may be imposed on small businesses when healthcare law would thrust in 2014 with an employer mandate provision. According to the new rule fifty or more employees of all businesses should be provided with insurance.

Elizabeth Turley recruited a number of employees for her apparel Co. Meesh & Mia Corp, throughout her two-plus years of business, in order to keep up with the rapid growth. For this year, Elizabeth has different plans. Instead of recruiting more employees, she has decided to outsource tasks, like product and marketing development to independent contractors.

The…...

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References

Maltby, E. (2013). A Health Scare for Small Businesses. Available at:  http://online.wsj.com/article/SB10001424127887324595704578241510527580352.html 

Trottman, M. (2011). For Angry Employees, Legal Cover for Rants. Available at:  http://online.wsj.com/article/SB10001424052970203710704577049822809710332.html 

Horobin, W. (2013). French Employers Win New Labor Flexibility. Available at:  http://online.wsj.com/article/SB10001424127887324581504578235892803252744.html 

Jargon, J, Radnofsky, L. And Berzon, A. (2012). Health-Care Law Spurs a Shift to Part-Time Workers. Available at:  http://online.wsj.com/article/SB10001424052970204707104578094941709047834.html

Employment Law
Early in 1978, Ed Harbour picked up a seventeen-year-old female hitchhiker on his truck driving route throughout the state of Indiana. Once he picked her up, he performed some very heinous crimes as he brutally raped and beat her. After he performed his business on this woman he left her in the sleeping compartment of his truck. Before this crime, Harbour was recently released from prison as this violent event took place only one year after he was convicted of the aggravated sodomy of two teenage hitchhikers.

An adequate pre-employment inquiry into Harbour's criminal history would almost certainly have resulted in his employer rejecting his employment application and therefore might have prevented the beating and rape of this young woman hitchhiker who was not looking for this to be done to her. Unfortunately, this is a problem that many employers often overlook in order to maximize their profits and minimize…...

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References

Malroney vs. B & L. Motor Freight Inc. Illinois Appellate Courte, first District. Viewed on 5 May 2013 . Retrieved from   &as_vis=1&oi=scholarrhttp://scholar.google.com/scholar_case?case=4195436759662276740&hl=en&as_sdt=2 

Stating that mere sympathy will lead to termination, regardless of actions, is meant to be intimidating and is thus not permissible.
Further, the use of this sign may also be considered harassing to some employees. Under this line of thinking, an employee could view this sign as harassing them for their own personal political beliefs. Like the case made under an intimidation argument, such practice is not permissible.

Finally, the statement made on the sign, that of immediate termination upon having sympathetic views of the union, is simply not true and is therefore fraudulent. A termination cannot be made based on beliefs alone, thus to state anything else is an act of fraud on the part of the Plato Corporation.

Question Six

The search of Murray's locker is constitutional. First, it needs to be noted that because Murray's employer is a private entity contracted to print U.S. Postage stamps, it is a private…...

Employment Law Compliance Plan
The following employment law compliance plan is specifically designed for the limousine service that our client, Bradley Stonefield has contacted our firm about. Mr. Stonefield is seeking our expertise in planning and operating a small limousine service, staffed by 25 employees in the first year, in the Austin, Texas market. As the anticipated employee base will be very diverse, both from an ethic and age standpoint, the following employment laws most apply to the proposed enterprise. The first is the Age Discrimination in Employment Act of 1967, the second the Americans with Disabilities Act of 1990, the third is the Immigration eform and Control Act of 1986, and the last is the Family and the Medical Leave Act of 1993. Each of these laws are particularly well suited to a services-based business.

Employment Law Compliance Plan

The Age Discrimination in Employment Act of 1967 is a very important one…...

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References

Cobb-Clark, D., Shiells, C.R., & Lowell, B.L. (1995). Immigration reform: The effects of employer sanctions and legalization on wages. Journal of Labor Economics, 13(3), 472.

Dube, Lawrence E., Jr. (1988). Removing the cap -- eliminating mandatory retirement. Employment Relations Today, 15(3), 199.

Kohl, J.P., & Greenlaw, P.S. (1992). The Americans with Disabilities Act of 1990: Implications for managers. Sloan Management Review, 33(3), 87.

Employment Law
The Equal Pay Act refers by the Federal Government outlawing any form of discrimination committed by employers based on sex in the payment of salaries and wages. EPA was enacted as an amendment to the Fair Labor Standards Act. It was aimed at dealing with the shortcomings created from the pay inequities that were rampantly being practiced based on sex. Specifically, there were rampant pay disparities that were faced by female workers. The Title VII of the Civil ights Act (CA) was enacted one year after the enactment of the EPA by the congress, which was in 1964. According to Title VII of the Civil ights Act, it is an illegal practice and punishable by law to discriminate an employee in terms of compensation, terms of employment, privileges or conditions based on color, race, national origin, sex or religion (42 U.S.C. 2000e).

Although the two laws serve to ensure equality…...

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References

Bennett-Alexander, D.D., & Hartman, L.P. (2009). Employment law for business (6th ed.). New York, NY: McGraw-Hill.

Lockton, D. (2003). Employment law. Basingstoke: Palgrave

Employment Law for Business
Employment Law: National Origin Discrimination

National origin and citizenship are not the same things, and for purposes of discrimination laws they have to be carefully and clearly distinguished from one another. When a business or organization does not understand the differences between citizenship and national origin, they can end up in trouble with the law. In short, a business can require an employee to be a citizen or have other legal work status, but cannot require that employee to be of a particular national origin (Bennett-Alexander & Hartman, 2009). Being a citizen is related to what country a person calls home. If he or she was born in the United States to American parents, he or she is a U.S. citizen. Someone born in France to American parents would also be a U.S. citizen, but may have dual citizenship because of the country of birth. Generally, citizenship can…...

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References

Bennett-Alexander, D.D., & Hartman, L.P. (2009). Employment law for business (6th ed.). New York, NY: McGraw-Hill.

National origin discrimination. (2014). U.S. Equal Employment Opportunity Commission. Retrieved from  http://www.eeoc.gov/laws/types/nationalorigin.cfm .

1. Salary data comparison: The employee can request access to salary information and compare their own pay with that of colleagues who have similar qualifications and experience. Discrepancies in pay for employees with similar job roles and responsibilities may indicate gender discrimination.

2. Job evaluations: Conducting a job evaluation to determine if the employee's role is of similar value to those of higher-paid colleagues can help substantiate an equal pay claim. Job evaluations typically analyze factors such as skills, effort, responsibility, and working conditions to assess the value of a particular role within the organization.

3. Legal guidance: Seeking advice from an....