...Employment Law Assignment 1. Define BFOQ and list to which characteristics it applies BFOQ stands for Bona Fide Occupational Qualification which functions as a defense to a suit for discrimination for employers with regards to religion, national origin, gender, and age. Employers may discriminate for the causes mentioned above if they can establish that a "bona fide occupational qualification" exists. This qualification defense does not apply to race and color. Under the ADEA (Age Discrimination in Employment Act), it is unlawful for an agency to discriminate on the basis of age unless the agency can establish that the age limitation is a “Bona Fide Occupational Qualification” necessary to the performance of the duties of the position. 2. What is the purpose of the Glass Ceiling Commission? The purpose of the glass ceiling commission is to consider how prepared women and minorities are for advancement, what opportunities are available, and what policies businesses follow in making such promotions. The commission also compares businesses that have actively promoted women and minorities to determine their reasons for success. 3. What is the Federal Privacy Act, to whom does it apply, and what does it protect? The Privacy Act of 1974 was enacted to safeguard private information of federal employees from being disclosed by the federal government. Under the act, no information pertaining to an employee may be released before the prior written consent of the employee is...
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...Assignment 4 Termination Questions 1. Is there any basis upon which Brown can make a claim against Whitney? Explain the nature of any possible claim and the remedies that she would seek. Note that in this question you are asked for the position Brown would be taking. Do not deal with what she might be awarded -- that is considered in question 2. The claim that Brown can make against Whitney is that she was constructively dismissed due to an untenable work environment created by her supervisor Carding. The basis of Brown claim would be that the employer failed to eliminate bullying which in turn terminated the employment relationship. The test that would need to be applied to this circumstance regarding constructive dismissal is whether the conditions or in this case the conduct of the supervisor is such that a reasonable person in the same circumstance would not be able to persevere in the employment, given that Carding was in a manager position and Brown had made many mistakes the question remains as to how far a supervisor can go in regards to reprimanding an employee for mistakes made. Workplace harassment in specific bullying includes acts of “rude, demeaning, abusive and intimidating conduct directed against an employee that goes beyond a mere personality clash.” (Filsinger, p 415). As such employers have an implied duty to maintain a safe work environment and a duty to “treat employees with civility and respect”, (Filsinger, p 414). Carding’s behaviour...
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...FACTS Fifty-five-year-old Sabrina Houston had been working as the Chief Elections Advisor in her county for the last 5 years. She began working at the Elections center as a receptionist after high school, and worked her way up to the top. The Chief Elections Advisor position requires a college degree, and completion of a six-month training course, but this was overlooked as MS. Houston made her way to the top. The Regional Elections Advisor was fired due to the fact the he was not supervising the Elections Advisors on the county level properly. As a result, all of the Chief Elections Advisors throughout the various counties in the state were fired, and they had to reapply for their positions. When Ms. Houston reapplied for her job, she was told that she was not qualified for the position. After an extensive interviewing process, sixty-year-old Roberta McIntosh was hired to take over Ms. Houston’s position. Her references spoke highly of her; she interviewed well; and Ms. McIntosh had a bachelor’s degree in political science, and had completed two training courses in “Local Elections and Politics.” Ms. Macintosh had done previous work as an Assistant Elections Advisor. Ms. Houston is filing suit against her employer based on the fact that they did not re-hire her for the position based on her age. Ms. Houston claims that she is qualified for the job and was overlooked due to age. Based on these facts, draft a brief memorandum that outlines whether Ms. Houston will be able...
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...10 Assignment 4: Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief Due Week 10 and worth 200 points Using the Internet, select and research an employment law case no greater than five (5) years old. Write a three to four (3-4) page brief in which you: 1.Summarize the issue of the case, and then explain the employment law that was violated.. 2.Evaluate the type of impact the violation had on the organization then determine two (2) ways the organization could mitigate the issue. Justify your response.. 3.Based on your research, determine if a policy was or was not in place during the violation. Then, recommend a communication for all employees to enhance the knowledge of the policy. Support your response.. 4.As a HR Manager, explore an organization you worked for or familiar with, then suggest three (3) ways you could make the organization violation free from employment law issues. Justify your response.. 5.Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.. Week 10 Assignment 4: Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law...
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...Situation A - Family and Medical Leave Act of 1993 In this situation Employee A has taken 11 of his guaranteed 12 weeks of leave provided by the Family and Medical Leave Act of 1993 (FMLA). This leave is unpaid, however ensures that the employee’s medical coverage is maintained during the entire absence from work. “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage” (United States Department of Labor, 2015). To be eligible for family or medical leave, an employee must have worked for the employer for a minimum of 12 months, completed 1,250 hours of work in the last 12 months and work at a location with a minimum of 50 employees in a 75 mile radius (United States Department of Labor, 2015). Employee A has been with the company for the required time and the company has more than the required number of employees, it is never stated if he has achieved the minimum number of work hours requirement. There are a variety of reasons that a person can request leave and they include birth of a child, care for a newly adopted or fostered child, or serious health condition of an employee or immediate family member. Employee A is taking leave in part because his wife is delivering prematurely. This is covered under the FMLA since he is experiencing a family medical situation and caring for his newborn child. Employee A has only used 11 of...
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...Running head: Labor and Employment Law Labor and Employment Law As a Human Resource Director for Company X, I come across situations every day that challenge my decision making. These situations need to be handled in a delicate matter to make sure that the company is following the guidelines that are setup and established by the federal government to make sure that companies and employees are treated fairly. I would like to discuss three situations that recently have challenged my leadership as a Human Resource Director and show the diversity of the laws and why they were created and how they work. Situation A – FMLA The first situation I am about to describe is an unfortunate set of circumstances, but the law is very clear and the company position is easily seen. Therefore, it was not hard for me to make this decision. The employee was presented with a difficult family situation his twin children were born premature. He made the decision to take leave from work to attend to his spouse and the needs of his family. This is ok and totally understood by the company. Here is where the unfortunate part comes, the department manager at the time agreed to the let the employee take a leave of absence, but the proper paperwork was not filed for Family Medical Leave Act. Now to complicate matters worse, the department manager that was in charge of this employee left during the employee’s leave. Eleven weeks have gone by and the employee wants to...
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...Causes a. Illiteracy and low level of education 1. ↓Level of education →↑risk of exploitation (Núnez & Livanos,2010) 2. Illiteracy →easier to accept exploitation (Chan,2004) 3. ↓Knowledge of laws→inability to protect themselves from exploitation (Lenard & Straehle, 2010) b. Poor labor legislation 1. Host countries restrict immigration →immigration laws unfavorable to immigrant workers (Misra, 2007) → ↑exploitation 2. Loopholes in law → being taken advantage of by employers (Gomberg-Munoz & Nussbaum-Barberena, 2011) 3. Flexible labor market → insufficient restriction (Miller, 2012) B. Solutions a. Education 1. ↑Educational level (e.g. Italy, Fullin & Reyneri ,2011) ↘ 2. ↑Practical skills → less exploitation of workers 3. ↑ Knowledge about labor laws (Zhang,2010) ↗ b. Developing labor laws and policies 1. Immigration laws and policies → more migrant-based (Misra ,2007) 2. Reasonable wages and working condition + more pressure on employers (Pines & Meyer, 2005). 3. ↓Loopholes of laws → protect workers’ rights III. Conclusion low education ↑level of education causes →↑exploitation + solutions →↓exploitation (future)...
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...Situation A – The Family and Medical Leave Act (FMLA) The Family Medical Act, Wage and Hour Division, under the United States Department of Labor that was enacted in 1993,necessitates that covered employers make available to employees leave that is related to work, and also unpaid for medical and family reasons that are considered fit. FMLA applies to employers with 50 or more employees, public agencies, and schools (Ford et al 2000). An employee is qualified for FMLA if they have reached 12 months of working for their employer, have worked for 1250 hours for him or her, and works where there at least 50 workers who are working for the same employer (The Family Medical Leave Act, 1993). It should be noted, however, that the leave period should not exceed 12 weeks for a period of 12 months. The conditions which enable one to benefit from FMLA are: * The delivery of a child, either a boy or girl or the placement of a girl or boy child with the employee for taking up or adoptive care (Ford et al 2000); * The care for an intimate such as a marital partner spouse, son, daughter, or parent who is very ill or injured; * If the employee has a serious health condition or injury that makes it almost impossible to do the tasks that they should do; or * For any eligible emergency that arises out of the point that an intimate such as a spouse, son, daughter, or parent is a member of the military on covered active duty or call to covered active duty status (Ford et al 2000)...
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...Compensation and Benefits Plan Our team has been asked to develop some compensation and benefit recommendations for our client based on their planned expansion to Arizona. The expansion in Arizona will increase the number of employees to 130. Annual revenue is expected to increase the first year to $10,300,000. Currently, there are 41 commercial construction projects in Arizona, and it is recommended the company pursue commercial retail. (Commercial Construction Projects in Arizona, 2013) . The team’s recommendation is based on; market evaluations of similar companies, Arizona pay and benefits laws, and a company structure to create a compensation and benefits strategy. Sundt Construction, a medium sized construction company headquartered in Tempe Arizona, was founded in 1890 by Mauritz Martinsen Sundt. Sundt offers their employees a somewhat generous compensation package which includes not only the basics of retirement and health care, but also added perks such as continuing education (The Sundt Exprience, 2013). Sundt offers a generous health care plan which includes vision care and prescription benefits. Sundt offers several different medical plans to include one plan that has no monthly premium charge (because of employee ownership) for employees and their dependents which is a Preferred Provider Organization (PPO) network. Sundt maintains a wellness where employees receive a $350 credit for health expenses related to improving or maintaining health. Sundt...
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...A Case Analysis of Nike: The Sweatshop Debate Mindi Merritt Class Fall 2014 Instructor’s Name Introduction Nike is a hugely successful global industry that designs and markets shoes and apparel (Coakley & Kates, 2013). Most of Nike’s products are subcontracted and manufactured overseas in countries such as China, India, Vietnam, Indonesia and Korea. For decades, Nike has been embroiled in controversy where critics claim its products are manufactured in foreign factories with substandard working conditions and disregard to labor laws (Powell & Zwolinski, 2012). As a result, Nike has initiated numerous policy changes in an effort to silence these criticisms. While Nike has definitely made great strides in turning around its image, it continues to struggle with allegations from critics. Nike’s Responsibility for Working Conditions Should Nike be held responsible for working conditions in foreign factories that it does not own, but where subcontractors make products for Nike? Nike should be held responsible for the working conditions in foreign factories where subcontractors make products the company sells. Although Nike does not actually own the foreign factories, the workers are employees of Nike and Nike is the beneficiary of the products they are making. Thus, Nike is responsible (at least in part) of the working conditions endured by those that work there. Labor Standards of Foreign Factories What labor standards regarding safety, working conditions...
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...6 The regulation issue for the labour market Labour law, and government policies 6 Responsive regulation, a solution to the deregulation policy problems ? 7 Conclusion 8 2 Introduction Globalisation represents a set of elements that have profoundly altered the world economy, the international trade, and the relations between each country. The globalisation has also changed the labour market and work in all countries, creating a "global work" market. The labour market is divided into two parts around the world: the labour force in developed post-industrial economies, which is a very expensive labour and less productive but provided high quality goods and a labour of works from developing countries, which offered low wage rates and few workers rights. In their search for economy and profits, multinationals have become increasingly interested in the potential offered by developing countries in terms of manpower often less expensive than in their countries of origin. Moreover, the deregulation policies pursued in United States during the '80s, have offered to the multinationals more freedom of action and more opportunities around the world. Asia was the cradle of the first movement led by multinationals offshoring, in their search for productive economy. However, this labour has often been misused, paid with low wages, often composed of children, and working conditions which violate international labour laws. It therefore...
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...Labor and Employment Law Western Governors University This report is in response for a request to analyze three situations to identify if any employment laws were violated. Situation A: An employee was granted an 11 week leave for the birth of his twins. The employee was able to return to his former position with the same rate of pay. The employee requested to be paid for his absence and that request was denied. This employee was granted leave based on the Family and Medical Leave Act (FMLA). This act allows employees, who meet the eligibility requirements, to take a specified time period off from work to meet family, medical or military obligations. An employer is obligated to provide leave if the company has 50 or more employees. (J.J. Keller & Associates, Inc., 2011) This company has 75 employees so is covered to provide employees with FMLA if needed. An employee is eligible for FMLA if he/she has worked for the employer for a minimum of 12 total months. The employee in question has worked for the company for 2 years, so is therefore eligible. The Family Leave and Medical Act allows for an eligible employee to take up to 12 weeks of leave for the birth and care of a newborn as one of the acceptable reasons. Some other reasons would be adoption, to care for an immediate family member...
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...Project Report on Expectations of Foreign Investors in terms of Labor Laws India, like other countries worldwide, is experiencing the effects of globalization. In order to make conditions friendlier for investors, there is a need for adaptability. Labor legislation, such as the Indian Disputes Act and Contract Labor (Regulation and Abolition) Act, are now under debate, along with issues concerning special economic zones. Submitted by: Introduction There has been a steady expansion of foreign investment in recent decades. The upward trend is particularly strong for less developed countries, signifying the increased importance for these countries of FDI, as well as the increased presence of multinational firms. Alongside the expansion of FDI have risen concerns regarding competition between countries or regions to attract FDI. After adopting new economic policy by government of India in July 1991 many foreign investors came in the Indian economic scene because the government of India gave many incentives to the foreign investors. So it is clear that government opened the doors of Indian market to foreign investors. With more companies operating internationally, the impact on various business functions and labour laws in India is becoming more pronounced. Globalization, and the need to attract...
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...Employment Law Paper BUS415 July 17, 2009 Employment Law Paper The history and evolution has changed considerably over the past century. Back in the early 1800’s, our country became industrialized. This meant that owners and shareholders became more powerful in making decisions on how employees will work and perform under their business. Becoming industrialized also meant that employees needed protection from being over worked, under paid and age limits needed to be set so that big corporate employers were not working minors. This protection by both “…federal and state legislation were enacted to protect workers’ rights.” (Cheeseman, 2007) These protections that were enacted by the legislative branch included, but not limited to, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Americans Disabilities Act, the Age Discrimination in Employment Act, and the Family Medical Leave Act. One employment situation that comes to mind is a situation where an employee had to take Family Medical Leave Act (FMLA) due to a pregnancy. Additionally, she also has Muscular Sclerosis. The employee was employed with the company for nineteen years and the company was well aware of her existing condition of muscular sclerosis when they had hired her. Her work performance was always spot on and she knew the job inside and out. Her proper employee title was Technical Writer. She drafted reports that only an expert could put together and she was the perfect...
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...Foxconn Suicides Abstract As globalization affected the whole world, the contradiction between leaders and labors has become a world-wide problem. In China, a series of employees’ suicides attracted the public and media’s concentration to consider this problem. A Taiwanese electronics corporation, is acting as the protagonist in this issue and now earning an internationally notorious reputation of running sweatshops. This paper analyze the cause of ongoing trend of exploitation of workers in China with the example of Foxconn, and examine the reasons behind those suicides from the perspective of management, workers and related laws. Based on the fundamental information of China, to illustrate my own analysis about this case from ethical and legal point, and to criticize Foxconn’s management strategy, industrial relations and the gaps of Chinese laws. Keywords: workers’ exploitation, China, Foxconn, suicides, inustrial relations 1. Introduction 1.1 Background and significance of the topic With the rapid development of Chinese economy and the increasing globalization of business competition, the various types of enterprises in China have been booming development, rapid increases in the number and size of foreign investment in China to hire to do business, and further reform of state-owned enterprises increase, the private sector, the number and the number of employees of private enterprises in recent years, is also rising, along with the development of enterprises...
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