A devoutly religious office coordinator used the phrase "Have a Blessed Day" in many of her workplace communications (conversations, e-mails, and phone calls) with co-workers, managers, and customers/vendors. Employees at one of her company's largest customers, Microsoft, objected to the practice. The company modified its policy
Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the sta
Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine. After Tammie set up the machine and put it in running order, Kristine found it unsatisfactory and notified Tammie tht she rejected the machine. She continued to use it for three months but continually compl
Demonstrate your understanding of the following terms by using them correctly in a paragraph you create. Creativity is encouraged, but not required; a realistic scenario would be best. Do not simply provide a definition for the terms. Terms: narrowly tailored, consent decree, reverse discrimination, strict scrutiny, reasonable b
Review the scenario presented as it relates to the case of Hoyle v. Freightliner. Were the actions of the co-workers towards the female employee sufficient to meet the severe and pervasive threshold? Also, was the job reassignment to janitorial work indicative of discrimination or retaliation towards her? In providing your opini
The issue of diversity is a major topic for government suppliers that have to supply census data about their workforce relative to the race of candidates that they hire for opportunities. While it is not quite as visible for private employers and those that do not perform government contractual services, it is still a hot topic.
a. Describe elements of culture that might affect how you would negotiate a contract with a business person from both countries and from your own country. Describe the following three countries: Australia, Libya, Canada b. Explain how misunderstanding or ignoring this element of culture might adversely affect contract negotiati
Look at Leonel v American Airlines, 400 F, 3d 702 (9TH Cir. 2005). Read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court de
A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory 84 days after the employer's urine test. T
An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?
A 350 pound man interviewed for a job as a sales counselor for a weight loss center. He was told by the interviewer that he was the "most qualified" applicant, but the regional manager had concerns about his weight. He was later informed that he would not be hired now because the company is "image conscious" and his weight would
Social media is changing the landscape of hiring and promotion. Some companies are going to candidates' social media pages (i.e. Twitter, Facebook, and MySpace) and looking at their postings and pictures before making hiring decisions. Some would argue that this can lead to impermissible discrimination by viewing this informatio
1) Jenny promises to pay Ivan $300 in exchange for Ivan's promise to paint Jenny's house. This is an example of: a) unilateral contract b) bilateral contract c) assignment d) illusionary promise e) invitation to promise 2) Which is the most expensive form of discovery? a) interrogatories b) Requests for admission c)
Read the following case: Zheng v Liberty Apparel Co., 355 F. 3d 61 (2d Cir. 2003). From the limited, disputed facts presented, how would you decide the case?
This solution addressed the following questions about the Wal-Mart v. Dukes (2011) case: Do you agree with the decision/holding of the Court? Why, or why not? What could the plaintiffs have done differently to have a better chance at getting their class action certified? How would this have impacted employers (not just Wa
SOURCE: Chapter 19, 9.662, #1 (David J. Walsh (2010) 3rd ed. Employment Law for Human Resource Practice QUESTION: In the year prior to its closing, a meat packing plant with 350 employees received numerous (over 30) "noncompliance records" from the Agriculture Department (USDA), citing serious failures to maintain sanitary c
Gary's hobby was collecting antique guns. His collection consisted of many rare guns. One day, while visiting with Cody, a fellow collector, Cody said, "When I retire, I am going to sell my collection to you." Gary said he looked forward to the day when he could buy the collection. Gary then spent a year and a great deal of mone
Do an internet search and find a recent developing employment or labor law related news story that relates to a topic on your Course Syllabus for this class. The story can be national or local. You may not choose the same story as another student (so make sure you read other posts before selecting yours). Once you have found
Jeremy Jacob works as a buyer for Cranes Hardware Stores, located in Biloxi, Mississippi. On his lunch breaks, Jacob spends time on the computer sending e-mail to his friends and occasionally playing online poker. Sometimes Jacob sends the e-mails from his personal account and sometimes when he is in a hurry, he sends them from
In this assignment, you will consider many of the legal concepts addressed in this course and apply them to relevant scenarios. You are currently a third year law student working as a summer intern for the largest law firm in Atlantic City, New Jersey. Your mentor and senior attorney introduces you to a new client, Ronald Cru
What legal considerations must a company be aware of when entering a new country? Why must a company comply with local employment law? Who is ultimately responsible for compliance?
Provide examples of laws and regulations influencing total compensation. Analyze similarities and differences in total compensation between this organization and other organizations in different markets. Provide at least two examples that illustrate such similarities and differences.
Consider the legality of contracts entered into by minors and whether a pledge or promise to make contribution to a charity is enforceable. The Adams family owned an old home in New Jersey that was in need of painting and some other repairs. Charlie Adams was a junior partner with a law firm and his wife, Jane Adams, worked p
How much difference had the Lily Ledbetter Act made in fair compensation? Consider the following article: http://thinkprogress.org/economy/2013/01/29/1508421/ledbetter-anniversary-pay-gap/ What do you think about the author's view on this?
Discuss the issue of Breach of Warranty. What is it? Who are some health care professionals that might be liable for this breach? How can misrepresentation and breach of warranty be related?
Is it okay that companies use puffery in their ads? What is puffery and why does the FTC allow it occur in advertising?
Find a recent employment law case that has been filed by the EEOC and answer the following questions: What was the legal issue? Do you believe this case has merit?
Contact the Human Resources manager at your company or another company. (A military division HR officer would not be appropriate for this question.) Explain that you are taking an Employment Law class. Ask him/her how he/she would approach an order to downsize the company. What procedures would they follow? How would they choose
1. This week you are invited to "sound off" on a nonmarket corporate legal issue or an issue stemming from Internet use. There are also many issues that encompass the law and the Internet that could be discussed. For example, consider the circumstances that permit an easy, virtually unregulated way for devious people to sell una
Discuss how laws affect wages. Additionally, explain if laws interfere with employer's goal of recruiting and motivating employees.
Discuss how laws affect the wages that employees are paid. Bring in specific private-sector examples as appropriate (including names of employers). Do laws interfere with or complement an employer's goal of using WAGE and SALARY (PAY) PLANS to recruit, motivate and retain employees? Please discuss.