Explore BrainMass

Business Law

Employment Laws in the United States

Can you provide me with the following information for each employment law? The information required is: Description and Requirement of Law Court Case Influential to Establishment of Law Importance of Law Workplace Application The laws cited are: Civil Rights Act of 1964 Equal Employment Opportunity Act Equal Pay

Reasonable Accommodation ADA

Does the duty of reasonable accommodation require the same level of accommodation from every employer with respect to a given disability? Explain.

Employment Law - Domestic Partner's Benefits

Would you recommend that an employer offer domestic partner benefits? Why or why not, based on a comparison to the "traditional" arguments for offering benefits? If so, would you recommend it for all domestic partners or only same-sex partners? Justify your answer using legal and business arguments, minimizing emotional argument

4 Factors of Disparate Treatment

There are four situational factors that courts frequently require to initially establish a charge of disparate treatment. Analyze each factor and discuss why you think each one is individually important. Explain why the courts usually require that all four factors be present in a charge of disparate treatment. The four facto

Height Discrimination in Employment Law

Duong is an American of Vietnamese ancestry. He wants to work for A-1 Trash Collection, Inc. as a trash collector. Duong is very strong as he has done amateur weight lifting for five years. However, when he applies he is told that he is too short because all employees who work on the trucks must be at least 5'7", and he is 5'4''

Federal vs. State Laws of Employment of Minors

Case: Alvin is 16 years old and lives in a state that prohibits minors under the age of 17 from performing any job that involves a cash transaction. He applies for work as a cashier at a local department store and is denied the job on the basis of his age. Alvin argues that since the FLSA is a federal statute and it does not

Hiring Decision Concerning Discrimination

Case: You recently interviewed an African American candidate, but did not hire her. When she found out she did not get the job, she called the office and said she felt the hiring decision was discriminatory and she was considering taking legal action. What laws would she base this on? To justify your employment decision, what f

Pregnancy Discrimination

Victoria Williams has been employed by TEDCO for 3 years. During that time, she has been an exemplary employee, repeatedly receiving the honor of being named employee of the month. TEDCO has 150 employees, 47 of them female, yet none of its female employees have young children. However, several of the male employees have young c

Gender Discrimination Case Study

Linda was employed with Southern Telephone Company as a telephone operator for 10 years. Bored with this job, she applied for an open position as a telephone repairman which paid $10.00 per hour more than she was earning as a telephone operator. This position required the employee to be able to climb to the top of a telephone po

Law Case Studies

I need help with the following scenarios/questions. 1. Petit v. City of Chicago - Just to show you how quickly law evolves, a June 29, 2009 opinion by the Supreme Court has rendered our textbook obsolete before you ever start using it. First, look up the Petit case in your textbook. On what basis did the court conclude that t

Analyzing Law Case

The case is on page 125 of the Labor and Employment Law Text and Cases by David Twomey (attached URL to the Google Book). After reviewing the case of Hoffman Plastic Compounds, Inc. v. NLRB (2002), scrutinize the following and prepare an analysis statement related to your conclusions. Include the following in your answer:

Striking Legislation Case Study

The case is: County Sanitation District #2 of Los Angeles County v. Local 660 Seiu 38 cal 3d 564 (1985)* Prepare a comprehensive response to the following questions: 1. Do strikes by public employees result in public employers making extraordinary concessions? 2. Did the court believe that it was required to leave the

Age Discrimination in Employment Act (ADEA)

Employers sometimes attempt to replace older workers with younger workers on the claim that the younger workers are allegedly more productive. The federal Age Discrimination in Employment Act (ADEA) protects employees 40 years of age and older from age discrimination. Some states have state laws that protect younger workers, too

Affrimative Action

Explain what affirmative action is. What are the legal bases for affirmative action? What is reverse discrimination? How can you apply this knowledge?

Violating Laws: Electronic Employee Surveillance at Work

- Argue for or against the practice of electronic employee surveillance at work. Provide specific examples to support your argument. What laws, if any, may be violated by such practices? - Argue for or against employee testing in relation to the job you currently hold. Be sure to take into account both the needs of the employ

Conditions for Assigning a Lease to Another Party

To develop what you believe is a terrific idea for a video game, you lease 50,000 square feet in an office building from Commercial Property, LLC, under a written five-year lease. Your goal is to put the game on the market within two years. Several months into the term, a competitor unexpectedly releases a new game title featuri


Dracca's Senior Vice President of Sales, Bob Marley, and one of his sales representatives, Bill Farian, were on a conference call and learned that Dracca's new line of high chairs was going to be recalled the next day. During the call, Farian stated, "This won't be good for stock prices." After the call ended, Marley and Farian

Employee Rights and Property Searches

Situation 1 In October 2002, GoGreen Corporation hired a security company to search all the vehicles in its parking lot for drugs and guns. The security company's officers employed four sniffer dogs. Guns were found in several vehicles, but no drugs were found. The corporation felt that all employees whose vehicles had weapon

Cosco and Safety First, two manufacturers of children's products

Cosco and Safety First, two manufacturers of children's products, were fined $1.75 million dollars for safety violations by the CPSC. There is a federal law that all safety problems must be reported immediately so that the products may be promptly recalled. Cosco had over 300 injuries and 2 deaths before they reported the prob

Describe a scenario that involves an ergonomic injury.

Identify and describe a scenario that involves an ergonomic injury and determine guidelines to prevent further injuries in the work setting. Be sure to explain how the U.S. Department of Labor Occupational Safety & Health Administration's criteria for ergonomic injuries might apply to the scenario.

Disability ramfications are assessed.

Imagine you are a Human Resource manager for a large firm and that one of your employees has suffered a temporary disability. Answer the following questions: 1.What laws apply to temporary disability at the workplace? 2.Under what general circumstances is the employee entitled to benefits? 3.What are those benefits and who