...MGT 434 Week One The Legal environment of employment Introduction This week you will begin the exploration of the legal environment in which the employment relationship functions. This exploration will include a look at how our federal system of government works relative to the passage of statutes, and how federal and state jurisdictions relate to one another, thereby determining which statutory system applies to which circumstances. Additionally, the relationship of statutes, regulations, and court case law will be analyzed to understand the manner in which they work together to define our laws. There will also be a review of the regulatory and civil litigation processes to ascertain how an employment grievance, such as discrimination, is handled within our legal system. Week in Relation to the Course Employment laws are promulgated by legislative and regulatory action and court rulings with the intent to provide equitable workplace opportunities for employees, as well as a productive, safe and healthy work environment. This course covers the laws that are in place in our society that attempt to accomplish this purpose, and the implications of these laws for both employers and employees. Obviously, for laws or regulations to accomplish this objective, they must be enforceable. While this is elementary, and generally understood by members of our society, the manner of enforcement is not as readily understood. And, the manner in which the laws and regulations are created,...
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...Labor Relations Team D MGT/434 February 14, 2016 Charles Burr Labor Relations Into Happy Trails, LLS is a for-profit, medium-sized independent living home that is in need of a few measures to become more attractive for patients. Despite other independent living having the same care as Happy Trails, they are actually the most convenient independent living home facility near the city due to traffic and road congestion. Happy Trails will now need to build on to their long term care and to do this they will have to undergo some budget cuts. They have since reduced the overtime of their staff and have let go of their registered nurses. When the registered nurses left Happy Trails, they were replaced by Licensed Practical Nurses who don't get paid as much and get fewer benefits. These nurses are now thinking of joining a union that is also representing other independent living homes in the city. As members of a consulting firm, the LPN's and Happy Trails are now asking for advice. The Licensed Practical Nurses (LPNs) at Happy Trails, LLC seem a little uncomfortable with them doing the same job in the suburbs as all the other companies, from the same industry, located within the city, yet Happy Trail’s LPNs receive less pay, and less benefits. It is not recommended for Happy Trails’ employees to unionize, because it is a company that because of the demographical location that it currently is in, cannot afford to pay, or compensate, more to the employees...
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...MGT 434 Week 2 DQ 3 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-2-DQ-3 You are the Assistant General Manager of a restaurant. It has a staff of 30 people, 15 of whom are wait staff, 5 are cooks. 3 are busers and the rest are ancillary staff, including bartenders, dish washers shift managers and ancillary staff,including a host. One day you hear through the grape vine that the host, who is a 55 year old Iranian male, has approached several busers, who are female high school students, and asked them to come over to his apartment to watch classic movies. He has also told several of the girls that they have faces pretty enough to kiss. Two of the girls have told one of the shift managers, you also have learned, about his conduct. You also learn that the shift manager told the girls to tell him that they have boyfriends, who will beat him up if he continues in such a posture. At the same time, you learn that the head cook likes to “clown around” in the kitchen, dirty dance with the dish washers and has smacked some of the wait staff on their butts. All of which he has said was just clean fun in order to make the workplace a fun place in which to work. The owner of the restaurant has had a problem with one of the busers, who has a “time and attendance”issue. She fires the individual, who then files a complaint with the EEOC. How do you handle all of these issues, especially since there was no handbook and no formal posted policy on such...
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...MGT 434 Week 3 DQ 1 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-3-DQ-1 You are the Personnel Manager for a company that is a clothing manufacturer. It employees 70 people nationwide. One of your primary customers is the United States Army. One day, your receptionist, who is Lebanese American, comes to you. She is the first person that anyone coming into the office encounters. She advises you that she has rediscovered her Moslem heritage and has decided to practice her faith in an open manner. She tells you that, among the dictates of the Moslem religion, is that she pray, facing Mecca in the East, five times per day. She also will be eating according to a halal diet. She also has decided that she must done the veil, as only her family and husband can see her face and her hair. She asks that she be allowed the usage of an empty conference room during the day so that she can say her prayers in private. When word of this filters out as office gossip, a group of employees, who are Christian, come to you and tell you that they are going to have a Bible study/prayer group in the lunch/break room each day at Noon. They note, in passing, that one of their prayers will be for the conversion of pagans. How do you resolve the employees’ requests? For more Assignments visit:...
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...MGT 434 Week 1 DQ 2 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week–DQ-2 You are the office manager of a small sales company. There are formally three employees with the company: the owner, the receptionist and you. The company hires part time sales reps who sign a contract stating that they are independent contractors. They are supposed to go door to door and make prepared sales pitches for people to purchase the product. There are required to obtain signatures to contracts and to drop of the contracts with initial deposits at the company’s office each Monday. Twice a month they meet at the local Starbucks to discuss sales, new product lines and other issues with the owner and the other sales reps. You get a letter and a telephone call from your State Department of Labor, wanting to examine the employee and sales rep files on the various individuals The owner has gone away to whale watch off the New England Coast and has told you not to call him, even in an emergency. You try to call him but you cannot reach him. How do you handle the issue of the audit and what do you say about the sales reps? On the same day as the audit is occurring, one of the sales reps calls you on his cell phone to report that he cannot make the weekly sales meeting and to give you his sales figures. As he is doing such, he hits a person crossing the street. Several weeks alter, he tells you that he has the lowest amount of car insurance and wants to know whether...
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...Without the written contract , the employer is at liberty to terminate Mary in accordance with the aforementioned doctrine but still subject to exceptions . Although the termination is viewed as legal under the law , the authorities have come up with exceptions in to safeguard the rights of employees and to prevent employers from abusing their right to terminate pursuant to the doctrine In this case , there was an illegal termination of the services of Mary based on the exceptions . There was a breach of implied covenant of good faith or fair dealing in this situation . This breach of employment pertains to a scenario where there has been an implied agreement between the parties as to the employment of the employee which places the latter in a position wherein she cannot be discharged without cause . Mary was continuously employed by Little Lamb Company for a period of two years thereafter she was terminated for the reason that the company had to cut costs . But , when there was a need to reinstate Mary , the supervisor chose to hire his cousin instead of Mary . There is here an evident case of bad faith as to the termination of the services of Mary . There seems to be a suspicious reason for discharging the services of Mary and this was done to the prejudice of Mary 's rights . An implied contract can arise due to the oral or written assurances or procedures employed by the employer which was readily apparent in the acts of Little Lamb Company . In the case of Kmart Corporation...
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...Affirmative Action William Aguilera MGT 434 September 16, 2014 Thomas Hartnett Civil rights in America were non-existent for non-white persons or females before the Civil War in 1865. Slavery in America affected African Americans for 246 years and thereafter, prejudice oppressed African American. Woman were also affected gravely by the absence of Civil Rights (Bennet-Alexander & Hartman, 2012).The Civil Rights Act of 1964 aimed at remedying the unjust actions to minorities and protected classes. In an effort to enforce the Civil Rights Act, the federal government required some employer to take a direct approach to allowing equality in the workforce to the protected classes. Affirmative action is a a measure taken by the United States Government to redact the effects of past discrimination to minorities in the workplace. Affirmative Action is aimed at offering equal employment opportunities to groups that were otherwise discriminated in the past. The Civil Rights Act of 1964 prohibited discrimination on the basis of “race, color, religion, sex, national origin, disability, or age.” Affirmative action was the measure to ensure those classes were treated equally and given opportunities for hiring, promotions, training and mentoring (Bennet-Alexander & Hartman, 2012). Affirmative action was originated as an idea to require employees to actively engage in the effort at leveling the playing field for minorities. Affirmative action was first mentioned in March of 1961...
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...MGT 434 Week 4 DQ 3 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-4-DQ-3 You are the Office Manager for an engineering firm. You interview Patricia for a position as the admin for three engineers and two surveyors. Three weeks after she accepts the job, she calls in sick. She does not bring in a doctors note. Two weeks later, she calls you to tell you that her boy friend”must undergo surgery. She has promised him that the first person he will see upon coming out of anesthesia will be she. She needs to take time off to fulfill her promise. You tell her to report in once she has seen him. One month after that, she comes to you and tells you that she needs an advance on her salary, as she is on the verge of being evicted. You speak with the owner, who says that she can have her check early ONLY this one time. Several days later, she calls on her cell phone. She speaks to one of the engineers and tells him to tell you that a car drove her off the road and the state trooper investigating the case believes that she needs to take the day off to recuperate. The engineer reports this to you. He also tells you that his team has been keeping a diary on her time and attendance. She constantly is leaving her work station, going outside to smoke or talk on has cell phone. She also has told them that she suffers from Crohn’s’ Disease and needs frequent bathroom breaks. You tell her that you would like to speak with her. She tells you, in reply,”Great...
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...MGT 434 Week 4 DQ 1 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-4-DQ-1 You have just been appointed Vice President of Internal Operations for a privately held corporation. Your Director of Human Resources immediately advises you that employees have used the company’s Internet site to download pirated music, videos and software. You are well aware that all of such activities are criminal in violation of the copyright laws. However, the company does not have a formal policy on Internet use. Things become further complicated, when you also receive a Cease and Desist Letter from Adobe, informing you that it has discovered that some of its products have been pirated and have been used by various employees. It asks for the names of all employees, who have used the pirated software in order to prosecute them for criminal copyright infringement. The Director of Human Resources also informs you that, in dealing with the Adobe problem, IT has also determined that a few employees were accessing pornographic web sites, including those showing child pornography? To add insult to injury, the Office Manager has also informed you that there is a constant drain on office supplies, especially just before school opens in the fall and in late January. You realize that prior management has let things run amok and that is one reason why you have been hired? What should be the company’s response? Please use legal support to sustain your analysis. For...
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...MGT 434 Week 3 DQ 2 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-3-DQ-2 You are the Office Manager of a consulting firm, which occupies a four story building in a suburban office park. One day Steve, who is in charge of photocopying, comes to you to tell you about a problem. He has had a diagnosed history of Anxiety NOS. He has recently seen his therapist, who recommended that he make use of a service dog to pet and comfort him during his anxiety attacks. These attacks often occur during the work day and are caused by the stress of deadlines. He owns a teacup Chihuahua, named Poochie Pie. She will be used as the service animal to assist him when these attacks occur. He promises that Poochie Pie is a good dog, will be kept in her carry cage during the day and will be walked at appropriate times. His shop is on the ground floor in the rear of the building. Carla, who is an admin on the top floor of the building, hears that Steve will be bringing Poochie Pie to work. As a three year old, she was bitten by a dog and ever since then has a morbid fear of dogs. She has begun posting negative comments about Steve and Poochie Pie on the Internet and on her Facebook page. You have never read such but several other employees have told you about her comments. How do you deal with these issues? For more Assignments visit:...
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...MGT 434 Week 5 DQ 2 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-5-DQ-2 You are a Regional Assistant Vice President in charge of Sales of a national company. While at a baseball game with some colleagues, one of your coworkers, who is also a comparable Regional Assistant Vice President and is 48 years of age, tells you, when you offer to buy him a beer, that he is a recovering alcoholic, has been involved with AA for ten years and has been drink free for nine of those years. He asks that you keep this information in confidence, since he did not disclose this information to the company at the time of his hire. Several months later, you are told that you are up for consideration to become National Vice President of Sales. You are also told that your only competition is the other Regional Assistant Vice President, who shared that he was a recovering alcoholic. You truly want this position and know that it requires a lot of travel and client entertainment. You are somewhat friendly with one of the H/R Vice Presidents. Do you mention to that person in passing that your competitor told you that he had a drinking problem, knowing full well that release of this type of information would be the kiss of death to his candidacy (in light of the requirement for extensive travel and heavy client social/ interaction). Why or Why not? Please support your answer with legal reasoning. For more Assignments visit:...
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...MGT 434 Week 4 DQ 2 To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-4-DQ-2 You are the Office Manager for a marketing company. The company has Nights Out once a quarter. At these events, the President will cheer the group on with her comments about sales and other positive events. She will also acknowledge birthdays, anniversaries with the company and other employee related topics. Alcohol is served during the evening. Participation is not mandatory. Ar the end of the year Nights Out, held on December 15, she has had a few drinks. When it is time for her to give her speech, she tells the group that she heard a great blonde joke on Letterman. Before she tells the joke, she tells Sandy, her admin, not to get too upset with her blonde joke. She tells the joke. It is not funny and, in reality, is quite dumb. People groan at the punch line. Two days later, word filters to you that blonde jokes are now being posted on the company’s intranet. They have become quite crude and dirty, placing Sandra as the blonde in the joke. Sandy comes to you and says that she is offended by the jokes. She says that people have told her that she can go to EEOC and file a claim for sexual harassment and hostile work environment. You tell her that you are gong to investigate the matter. When you do, you learn that the jokes were primarily posted by the IT night crew. You contact the team leader of IT. You confront her about the jokes and say that people will...
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...Introduction Affirmative action is the act of promoting equal opportunities for al ("Diversity & Inclusion", n.d.). This paper will examine the components of Affirmative action as it relates to the public and private sector employers, and the many ways that it interacts with Title VII requirements of Equal Employment Opportunity. This paper will address the following questions: (1) what employers are subject to affirmative action plans and why? (2) What do the plans require employers to do? (3) What happens if employers do not meet the goals of the affirmative action plan? In 1941, the federal government tried to remove any and all forms of discrimination in the hiring process within the defense industry and ultimately within the whole federal employment. After President John F. Kennedy signed the 1961 Executive Order number 10925, it required federal contractors to take affirmative action to certify that applicants are employed and that employees are taken care of, without regard to one’s race, faith, color, or national origins. While Lyndon B. Johnson’s was the president back in 1967, 1965 Executive Order 11246 was lengthened to include women. Title VII of the 1964 Civil Rights Act does not permit discrimination in any way based on color, faith, race, sex, or gender in employment, relocation, or advancement decisions but did not comprise employers compliance with affirmative action plans. Law court may order an employer...
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...MGT 434 Week 2 Individual Employer-Employee Relations Quiz To Buy This material Click below link http://www.uoptutors.com/MGT-434/MGT-434-Week-2-Individual-Employer-Employee-Relations-Quiz Little Lamb Company needs an additional programmer for a special project. The company enters into a contract with Mary to complete this project. Just as the project is nearing completion, a new need arises for her services. She is asked to continue with the company to complete the new project. While completing the new project, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. After two years, economic conditions force the company to make budget cuts. Mary is asked to leave. Thirty days later, a major contract is acquired by the company, which reinstates the need for Mary’s services as a programmer. However, the supervisor chooses to hire his equally qualified cousin and not offer Mary the opportunity to return. Resource: Little Lamb Scenario Answer the following questions based on the scenario: Is Mary an independent contractor or an employee? Describe the factors that led to her determination. Has the employer-employee relationship changed over the course of time? If so, how? Is Mary’s release legal under the doctrine of employment-at-will? Explain why or why not? If not, which of the following exceptions to employment-at-will have been violated? Explain why. Breach of public policy ...
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...In this work MGT 434 Week 5 Team Assignment Employee Handbook Assignment you can find the review on following aspects: Employee Handbook Legal Consideration Addressing Performance Issues Ethical Considerations Access to Personnel Files Protection of Practice and Patient Information Identification Visitors/Meetings Monitoring: - Mail/E-Mail - Telephone/Voicemail - Internet Employment Practices Pre-Employment Physical and Drug Screen Pre-Employment Background Checks Conclusion References Business - Management Learning Team Assignment: Employee Handbook Assignment Prepare a 1,500-to 2,050-word document in which you create a representation of actual sections ( privacy, employee testing, ethics and performance evaluation s) of an employee handbook (private sector). Note. The handbook must be original student content and work. In addition to describing the company to which the employee handbook applies, also address the issues of privacy, employee testing, ethics and performance evaluation s in the global workplace. This assignment must include , but is not limited to, the following questions in drafting your handbook sections: What privacy rights issues must be addressed? What must the company’s position be in response to privacy rights issues? How do your privacy protections limit the company’s liability? How do your privacy protections enhance employee motivation and productivity...
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