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…… [Read More]
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…… [Read More]
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…… [Read More]
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.…… [Read More]
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:
Security and criminal clearance
It is not…… [Read More]
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 child…… [Read More]
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…… [Read More]
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.
AARP. (n.d.). Age…… [Read More]
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…… [Read More]
"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…… [Read More]
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…… [Read More]
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.
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…… [Read More]
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…… [Read More]
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…… [Read More]
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,…… [Read More]
As in this case, substantial evidence does not exist, as it is uncertain what the injured party was wearing at the time of the accident, thus the court should set aside the first decision.
Such a measure clearly goes against the National Labor Relations Act which "extends rights to most private sector employees and their employers, stating that employees have the right to form, join, support or assist unions, also known as labor organizations, who may bargain collectively with the employer on the employees' behalf seeking to modify wages or working conditions" ("hat are my rights as an...employee,...employer,...union?" 2007, NLRB). Employers are not permitted to harass or discourage employees from joining unions. Threatening employees publicly regarding union membership is clearly threatening behavior in this instance.
This case centers on what constitutes a reasonable expectation of privacy. Murray was working in a public location, at his place of employment,…… [Read More]
Employee files an action for sexual harassment against her Employer.
Employee has a valid claim, although a difficult claim, against Employer for sexual harassment. The reason she has a valid claim is 1) the harassment occurred at work; 2) she formally reported the harassment to her supervisor; 3) the supervisor had knowledge of the harassment and did nothing; and 4) the harassment continued. Because the Employer failed to take the proper steps to stop the harassment, they essentially became the cause of the harassment. Thus, Employee Patsy has a valid claim against her Employer for sexual harassment.
Sam is a sixty-five-year-old applicant to drive an ambulance. He is specifically not given the position because of his age. Employer argues that most individual of that age has certain health related characteristics that legitimately exclude them from performing the job as required. Sam argues that he was never given an…… [Read More]
Employment Law and Security Management: Evaluating the GDPR
While the General Data Protection Regulation (GDPR) is a piece of legislation developed and ready to be implemented by the European Union, the ramifications of this law will be felt far beyond the boundaries of the EU. The GDPR replaces the old Data Protection Directive of the EU and will apply to any company in the world that sells or markets goods or services to EU citizens. Security management teams have already been put on notice for companies like Facebook, which specializes in obtaining data from the users of its platform and selling it to third parties. With the GDPR in place, this practice will no longer be acceptable. This legislation is a game changer, and this paper will provide an evaluation of the GDPR, a summary of the law, and a discussion of its benefits and limitations and how it…… [Read More]
If we refer to the latter term, for example, a proactive approach will imply creating the necessary physical and emotional condition for a disabled employee to function properly in the group.
1. Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
2. Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
3. he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
4. Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
5. Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.
Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.htm… [Read More]
Deliberate discrimination may be to blame -- in part. But companies can also make it easier for women to balance the challenges of work and family life in a more effective fashion, given that these responsibilities often fall disproportionately on female shoulders. Providing day care for women, allowing more flexible work schedules for employees, as well as diversity and sensitivity training are all necessary. Encouraging female mentorship programs to undercut the influence of the still strong 'all boys network' of promotion is another critical move to shatter the ceiling.
Equal Pay and Compensation Discrimination." 1(Oct 2007).
The U.S. Equal Employment Opportunity Commission. Retrieved 13 Dec 2007. http://www.eeoc.gov/types/epa.html
Kennedy, John. (10 Jul 1964). "Remarks upon Signing the Equal Pay Act."
The American Presidency Project. Retrieved 13 Dec 2007. http://www.presidency.ucsb.edu/ws/index.php?pid=9267… [Read More]
The combination of these elements is showing that she is an independent contractor. ("What is a 1099 Form," 2012) (Hill, 2008)
What are some potential legal implications in the case? What should the utility do to rectify any wrongs in this situation?
There are no legal implications for the firm. This is because they can demonstrate that Karen is an independent contractor. To address any kind of wrongs, the company could offer her some kind of severance pay for ending the contract. Prior to her receiving anything is when Karen would have to agree to never engage in any litigation against the firm in the future. This will protect the company's best interests.
Draft a sample policy for limiting the use of independent contractors that will help avoid issues like this in the future.
To avoid these kinds of challenges in the future, the firm should have all employees sign…… [Read More]
Employment Laws in the UK: Are they Effective?
esearch shows that the last three Parliaments had a trend towards more employment protection events. However, there are some that argue that the protection events are not enough but also the employment issues need to be reduced. Nevertheless, UK employment law still has lesser levels of work protection and more labor marketplace suppleness relative to other EU Member States. For example, in France the industrial relation law has conserved the simple limitations on industrial action presented by earlier Conservative governments. There has been a range of measures which have been able to raise rights and protections for those that are working parents and their careers. More than a few major issues of employment law continued to be unsettled. With that said, this essay will discuss the huge amount of debate around the amount of employment legislation that currently governs employment within the…… [Read More]
If they employees agree to it as a condition of employment, rug tests can be conducted without probable cause, although in terms of 'due process,' usually an employee cannot be terminated without a justifiable cause, such as because of his or her privately political views or race. But still, some employment contracts have 'morals clauses,' for instance, if a hired actor's behavior inhibits his or her ability to do his or her job, like to be a corporate spokesperson for a children's toy company.
Employees cannot be subjected to unwarranted workplace surveillance like voyeurism, however. "In a couple of related workplace privacy lawsuits won by employees, employers claimed 'drugs' as the reason they secretly videotaped employees in company locker rooms. but, instead of revealing illegal drug use or sales, the hidden cameras embarrassingly exposed employees changing their clothes. In so many words, the courts found this to be a blatantly…… [Read More]
Chapter 21: Case Problem #5
Holmes' role as president of After-School Care Corp. might seem to be in conflict with his decision to purchase Pro-Provider. This is because it is typical in such instances that high-ranking personal will be party to non-compete agreements which are intended to prevent them from exploiting their role within the framework of an organization as a way of ultimately undermining said organization.
However, a Supreme Court of Missouri decision reveals that non-compete agreements are not a cut-and-dry statement of prohibition against providing competition for a former employer. As Corrigan & Kass (2006) report, "protection of the employer, not punishment of the employee, is the essence of the law."An employer cannot extract a restrictive covenant from an employee merely to protect himself from competition.' The Supreme Court of Missouri has stated that '[a]greements of this kind restrain commerce and limit the employee's freedom to pursue his…… [Read More]
If this employee's testing policy is to be implemented, the company especially their HR Department must be strict with their rules. If the applicant fails in one of the requirements one should not accept the applicant. The amusement also needs to hire one Lifeguard Professional Trainer from all applicants. This trainer will be hired only during peak season to orient and to have further training for everybody who has passed the initial interview. The trainer will also be one of the evaluators of each applicant. The qualifications that a trainer must have are the following: 1. He must be a CPR Professional Rescuer; 2. He must be a First Aid Certified; 3 He is currently employed and has trained in a well-known amusement complex; 4. He must have a minimum of 10 years experience as a lifeguard; 5.He must be 30-40 years old.
All new employees who undergo training and…… [Read More]
Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).
NewCorp has a strong case that…… [Read More]
The following shall be answers to questions that relate to employment law. It shall be a case analysis.
PG 93 Questions
Southwest Airlines Company has accepted that it is an organization, which recruits only female workers. It rejects employing male workers. It has both weight and height limits which would inhibit male applicants. It stated that a Title VII outlaw on discrimination of sex justified its recruitment of female workers for public contact posts of flight attendants and ticket agents. The company maintained its reasons for not employing male workers, as being that the female workers would present the sexy image of the company (Bennett-Alexander and Hartman, 2012 page 92). The issue that hence results now, is whether Southwest has proved that being female is a practically essential BFOQ to sustain the success of the business hence the discrimination in sex. Southwest Airlines failed in their defense claim.…… [Read More]
An employer should monitor technology usage because it will cut down on waste, in particular of employees wasting time when they should be working.
Employers should also monitor technology to reduce their liability risk as well. There is the risk that employees will do things online that are illegal (such as downloading) or could otherwise perform tasks that create liability when company resources are used in the act. If the company monitors usage, then it can argue that it has done its best in terms of trying to reduce this risk.
One reason that employers should not monitor technology use is because it could represent an invasion of privacy of the worker. The worker could need to use that technology for things like answering emails or doing banking online, and if this is being monitored the company could record things like passwords and codes.
Another reason why employers…… [Read More]
Employment at Will Policy: Exceptions to the ule
The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).
Also, in the…… [Read More]
Human esource Management Policies of Wal-Mart
Employment Law Wal-Mart
Human esource Management Policies of Wal-Mart
Wal-Mart is a large scale multinational retailer that employs more than 2.2 million employees in 27 countries. The management of this large workforce requires it to implement effective human resource management and employment relations policies at its workplace. Wal-Mart believes in effective recruitment and selection process in order to fill the vacant job positions with the most talented and skillful employees. It uses one way and two way virtual interviewing techniques in order to minimize its heavy recruitment and administrative costs. Wal-Mart generally fills its vacant job positions from the industry through fresh graduate induction and experienced professionals. It trains them through different methods in order to make them learn the most advanced knowledge related to their job responsibilities.
The Wal-Mart workforce consists of individuals from different cultures, nationalities, and races. In order…… [Read More]
employment law is as important as knowledge of criminal law to the security manager. Discuss Over the last several years, the issues of employment and criminal law have become increasingly connected. This is because of shifts in attitudes about changes in the responsibilities of security managers. What is happening; is they are expected to serve as a stop gap measure to prevent potential abuses from taking place. The challenge is that these adjustments mean they must have a greater understanding of these concepts in order to provide effective advice about how to deal with them. (Cole 2007)
For instance, one of the issues impacting firms is the numerous lawsuits they will face from their activities and the effects they are having on everyone. In some cases, this can lead to litigation from employment related disputes with some instances bordering on criminal law. To provide the best assistance requires that security…… [Read More]
The need for seasonal employees comes at harvest time every year for agricultural farming companies. In order to have enough employees to get the job done on time, often workers come across the border from Mexico. There are a number of federal laws that employers must follow including the Civil Rights Acts of 1964 and 1991, Equal Pay Act of 1963, Age Discrimination Act of 1967, Fair Labor Standards Act of 1938, the Tax Reform Acts of 1969, 1976, and 1986, Occupational Safety and Health Act of 1970, among others. Employees have the right to equal treatment at work regardless of age, gender, race, religion, national origin, disability or citizenship status (Your Employment Rights, 2010). The only requirement is a legal authorization to work in the U.S. Employers must complete and maintain a Form I-9, which lists different documents employees can use to show proof of identity and…… [Read More]
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…… [Read More]
The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996
Scope & Summary
There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…… [Read More]
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Form of Contract
Data Privacy Legislation
The Mandatory Social Security Fund
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
© 2008. Mayer Brown LLP, Mayer Brown International LLP, and/or JSM.
Mayer Brown is a global legal services organisation comprising
legal practices that are separate entities ("Mayer Brown Practices").
The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
LLP, a limited liability…… [Read More]
Advice on Handling Dismissals
The Minimum Wage
Working Time egulations
WOKES AND EMPLOYMENT
Gender and Sexual Orientation Discrimination
Discrimination on Grounds of ace or eligion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public…… [Read More]
Employment Law and Globalization
MNEs are greatly aware of the political ideology of a host government in regards to how negotiations are plotted out. There are views that see MNEs as being imperialistic and exploitative to the host countries. In such cases, MNEs would need to show some leniency and regard for the host country's needs in order to ensure that nation there are no predatory intentions (Hill, 2010). With nations that see MNE's as simply free market opportunists, they can be more authoritative in the terms requested.
There are a number of reasons why a country might discourage FDI because of its ideology. One major reason would be the country attempting to invest has a political or economic system that conflicts with the ideology of the country denying the FDI. The country denying FDI may not want to cause a situation where there is a clear conflict of interest…… [Read More]
Metal Workers Employment Law Case eview
One of the primary functions of the judiciary is to clearly define the parameters of legislative intent, as the passage of any law necessarily creates parties with a vested interest in bypassing or overturning the statute, and in the case of Local 28, Sheet Metal Workers v. EEOC 478 U.S. 421 (1986) the Supreme Court was again tasked with assessing the validity of a law via its method of application. This case of Sheet Metal Workers v. EEOC presented the high court with an opportunity to decisively delineate the remedies afforded to correct violations of Title VII of the Civil ights Act of 1964, which prohibited employers from discriminating on the basis of race, color, religion, sex, or national origin. When the New York State Commission for Human ights identified New York City's Local 28 Joint Apprenticeship Committee (JAC) as a gross violator of…… [Read More]
The Family and Medical Leave Act (FMLA) is an addition to the regulations applied to businesses which recognizes the changing nature of the family, and the importance of having a business environment which is supportive of the needs of the family. The FMLA requires employers to grant leaves of absence to employees who are seriously ill, who have newborn or newly adopted children, or who have to care for sick family members without the risk of the employee loosing their job as a result of the leave. Specifically, sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act 1993, provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
the birth of a son or daughter of the employee and the care of such son or daughter;…… [Read More]
Oncale v. Sundowner Offshore Services
The case presents the question whether workplace harassment violates Title VII's prohibition to "discriminate . . . because of . . . sex" when the harasser and the harassed employee are of the same sex.
COUT DECISION BIEF
The Petitioner, Joseph Oncale worked as a roustabout on an eight-man crew for Sundowner Offshore Services on a Chevron U.S.A oil platform in the Gulf of Mexico from August to November 1991. The crew included the respondents, John Lyons, Danny Pippen, and Brandon Johnson.
Lyons, Pippen and Johnson on several occasions, forcibly subjected Oncale to sex-related, humiliating actions in the presence of the rest of the crew. Pippen and Lyons also physically assaulted Oncale in a sexual manner, and Lyons threatened him with rape. Specifically, Lyons placed his penis on Oncale's neck on one occasion and on his arm on another occasion. Lyons also forcefully…… [Read More]
What is arah's theory?
Will she succeed?
arah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." ince he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.
he will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. ince…… [Read More]
It is hard to argue with the legitimacy of that consideration.
Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.
The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…… [Read More]
Georgia's Employment Laws
All 50 states in the U.S. -- including Georgia -- have their own laws regarding employment. Georgia is beholding to federal laws regarding employment.
hen managing the human relations department (HR) in a company in Georgia it is very important to stay abreast of recent laws relating to labor. The "Georgia Security and Immigration Compliance Act" requires subcontractors and contractors working with Georgia's public employees to verify the eligibility of all new hires. New tough Georgia laws regarding illegal immigration relate to employment, so HR needs to be very up-to-date on those laws. In fact federal immigration laws require employers (HR personnel) to "…complete an INS Form 1-9 to verify each employee's authorization" to be working in America (Kemp, 2008). A Plan: The HR department should establish regular tutorials for all employees to bring everyone up-to-date on legal requirements for both Georgia and federal guidelines and laws.…… [Read More]
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…… [Read More]
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).
In some instances, regarding benefits, employers may have some discretion under the ADEA. For example,…… [Read More]
Business and Employment Law
Business Law and Labor & Employment Law
Employees are classified in different categories. Federal and state law does not explicitly define the categories, but employers generally categorize employees on the basis of duties performed, number of hours worked, and duration of job. Accordingly, employees fall in three main groups: permanent (full-time), part time, and temporary employees (PayScale, 2009). A permanent employee is an employee who works a typical work week for an indefinite duration, while a part-time employee works fewer hours than the typical work week. Temporary employees may work full-time or part-time, though for a definite period of time. Though federal law does not define the above categories, the Fair Labor Standards Act (FLSA) classifies employees as either non-exempt or exempt employees (Society for Human esource Management [SHM], 2014). The former denotes employees whose work is covered by FLSA and who are subject to overtime…… [Read More]
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]
As described in Chapter 4 of Mosser (2014), from a deontological ethical perspective not discriminating against older workers is clearly justified. Older workers have made an investment of time and effort into their professions and the economy, and they should not be deprived of the ability to capitalize upon those benefits, nor should their previous societal contributions be ignored. Ethically, it is also immoral to discriminate against an entire class of human beings. But even from a utilitarian perspective, older workers can offer value to the organization. Older workers bring the values of experience to the workplace, and can actively mentor younger employees.
Furthermore, youth is merely a temporary state, and all workers will be old workers eventually. If younger workers lobby for discrimination now, they may face discrimination themselves in the future. Nondiscrimination secures the greatest good for the greatest number of people. Finally, having a large population of…… [Read More]
Managing Expatriate Employees Employment Law
Expatriate' could be defined as someone who has left his own country in order to find employment in another country. (Definitions of 'Expatriate on the Web) Expatriate employees in China are diverse and the numbers of employees are vast. For example, the city of Hong Kong, which became free and independent of British rule in 1997, turned into a Special Administrative egion of China. On account of this, the city started to follow two diverse policies of administration and this allowed it autonomy from China, and this in turn resulted in Hong Kong being able to retain control over her schools and also her legal systems, while enjoying a free market economy. This very factor has attracted investors from all over the world to China, American numbering almost 1,100, and American residents in China numbering almost 50,000. (Hong Kong City Guide)
Hong Kong having the…… [Read More]
legal principle of at-Will employees is one that I feel has both good and bad ramifications. On the good side, it allows employees to quit at any time and seek employment somewhere else. This can be a positive step if the employee feels that the job is not something he or she wants to continue for whatever reason. On the other hand, I think this principle could undermine the entire structure of the employer-employee relationship, giving it a sort of indeterminate or unstable footing. Depending on the nature the job or line of business, it might be beneficial for the employer and the employee to develop more of a relationship that is built on commitment so that both sides know that the other is fully invested -- sort of like a marriage. This sort of investment has ramifications, of course, beyond the mere business arrangement: it has societal ramifications. For…… [Read More]
Quinn v. Mongo case. At issue is a matter where an employee is a clear victim of age discrimination. However, there are more than one dimension to the case. One issue is that there is a home corporation and a subsidiary. The former has age discrimination laws but the latter does not. Also an issue is that the employee was signed onto a contract that required notice and a few other things but much of those were not followed. Lastly, there is the issue of what damages (if any) should be extended to the employee. While there are a few mitigating circumstances, Mongo is going to have to bite the bullet and do the right thing.
The first question to be answered is what the legal issues are in the case. The first was mentioned in the introduction and that would be what is a clear-cut case of employment discrimination…… [Read More]
violate employment laws should make sure they understand these laws and that they know what classes of people are protected. Then, they should avoid mentioning any of those classes in the advertisement, and clearly state that they are an equal opportunity employer. By advertising for the job only, and not listing what "type" of people are wanted, the company will appear as though it will be more equal in who it will consider hiring.
There are many organizations that have used their image to recruit employees. Three of the companies that have done that recently and will likely continue to do so include Apple, Microsoft, and Boeing. These companies all project images of technology and fast-paced growth in order to entice people to come work with them and build a strong future of advances and development.
When recruiting job applicants, it is important to have accurate and well-written job descriptions…… [Read More]
Employment at Will
Thoroughly describe what steps you would take to address the following scenario involving skills, competence, and abilities:
• The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently "tells" her boss that she is "a good worker and a genius" and that he does not "appreciate her." Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.
In this situation, there is clearly a disconnect between the expectations of the firm and the perception of the employee. It is therefore the company's responsibility to insure that the employee thoroughly understands the responsibilities of her position as it relates to the overall job function. The company can accomplish this in a verity of methods. The first being a comprehensive overview of…… [Read More]
Employment Discrimination at Wal-Mart
Foundation of the Study
This study examines the legislative and judicial climate that enables corporations like Wal-Mart to engage in practices that violate workers' rights. The popular consensus is that Wal-Mart, the largest retail store in the United States, displays an inordinate disregard for the human dignity and morale of its employees and, despite continual litigation, continues to blatantly violate the legal rights of its employees. Wal-Mart faces charges of violating The Federal Fair Labor Standards Act (2011) by asking management to adjust time sheets so that overtime will not need to be paid, and so that all employees will work under the hourly limit required by the union in order to obtain membership. Employees were insured, without their knowledge, against their death by Wal-Mart. The company was named beneficiary; following death of an employee, the entire benefit amount was retained by the corporation. Not a…… [Read More]
Secondly, development programs may prove enticing enough to potential employees. Therefore, the company can use them in order to attract the desired staff capable of inducing the organization's growth.
Thirdly, if existing employees are trained for different or more complex tasks, these may become eligible for vacant positions or may handle a wider range of activities. In this context, the company saves money by reducing its need to hire.
Another benefit of development consists of rewarding loyal employees who after learning new skills are promoted to higher positions. This also accounts for a company's performance.
Last, but not least, development strategies allow employees to be more independent or, in other words, they give them wings to fly. This autonomy cuts off the supervision costs, thus increasing the company's efficiency, and inherently, performance (http://www.allbusiness.com/human-resources/careers-job-training/1151-1.html).
Employee training also plays a major part in maintaining a work/life balance. This is essential for the…… [Read More]
decision -- federal or state court -- where an employer was found NOT GUILTY of violating one of our chief laws (EEO, ADA, EPA, ADEA, etc. - -).
Give us the case citation, briefly summarize the case and explain why the employer was found not to have violated an employment discrimination law.
In Linda Tatom v. es-Care, Inc., No. 14-6125 (10th Cir., Jan. 24, 2015), the teacher Linda Tatom was an at-will employee of the Guthrie Job Corps Center (GJCC). After being involved in an altercation with a male trainee, she was allowed to go home for the day. Tatom refused to return to GJCC until the trainee was removed. She filled out a report but GJCC stated that her report on the incident did not indicate if the offense was a Level I or (lesser) Level II infraction and the employee was not removed (EmployerLinc, 2015).
Tatom was ultimately…… [Read More]
Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).
For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required…… [Read More]
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]
The issue of Mandatory Retirement in Ontario is a controversial one. Implemented as a method by which employers may terminate or refuse to employ workers who have reached the "normal age for retirement in similar positions" (DOJ, 2004), the practice was designed to promote safety in certain occupations (those that may involve a compromise to public safety due to age-related performance factors), allow for staff renewal, especially in "tenured" positions, as well as reduce the cost of health care costs for employers. Unfortunately, however, the practice has been extremely detrimental to those workers who do not wish to (or feel that they economically are unable to) retire at 65.
Although there are many issues to consider as to how the Ontario and its economy might be affected by the ending of mandatory retirement, among the most interesting are how the change might impact social and human rights issues.…… [Read More]