July weekly assignment

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Please use proper format and include references. Due date are separate.


Weekly Paper Assignment Rubric and Instructions

There will be one paper assigned each week. You may choose any topic from this week’s readings. Gather information from the textbook and outside sources. You may use APA or MLA to format your citations, but YOU MUST use Times New Roman 11-point font, 1.5 spacing, and 1-inch margins. The paper length below refers to textual content. Title pages, abstracts, charts, graphs, pictures, references sections, etc. will not be considered as part of your page length. These are extras added to enhance the paper. Please cite all of your sources. This paper is due Friday night. The papers are worth forty points each week, for a total of 160 points.

 Quality of Weekly Papers

Level 1

The topic is relevant to readings and covers information from the textbook. The textbook is cited as the source as well as at least one outside source.

Level 2

Level 1 plus – Paper uses personal examples and applies theories to the author’s current position and circumstances. The Paper thoroughly covers the topic using at least three outside sources.

Level 3

Level 2 plus – Going above and beyond to provide cutting-edge trends and changes in the topic. The paper includes data from current sources and a chart or graph in appendices. The paper brings in information from current year sources and cites five sources outside the text. Cite sources in-text and include the full source at the end of the paper. The appendix includes visual representations of data and any examples referenced in the paper.


Week Four Topic: Wage and Hour Regulation


Pages: Five pages exclusively (plus title and reference pages = 7).


Textbook:

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

Chapter 19

Wage and Hour Regulation

Employment Law:

New Challenges in the Business Environment

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Learn the significance of the Fair Labor Standards Act.

Know what the minimum wage is.

Appreciate why wage and hour laws exist.

Be aware when overtime pay is required.

Be apprised of the minimum wage and maximum hours exemptions.

Realize that children may not be employed during school hours or in certain hazardous jobs.

Chapter Checklist

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Understand that the number of hours worked cannot be averaged over several weeks to avoid overtime pay.

Evaluate the argument that eliminating the minimum wage would keep more companies from relocating abroad.

Recognize that children under the age of 14 may work for their parents.

Be apprised that court approval of entertainment and athletic contracts is required for children under 14 years of age.

Chapter Checklist (Cont.)

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Introduction

Wage and hour regulation has a twofold purpose:

To set an hourly subsistence wage for workers

To regulate the number of hours individuals have to work before becoming entitled to overtime compensation of 1.5 times their regular wage

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Introduction (Cont.)

Arguments are often made that eliminating the minimum wage would stop manufacturers from relocating to Mexico or overseas

It is difficult to imagine anyone, except possibly newly arrived immigrants or illegal aliens, working for less than the minimum wage

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Fair Labor Standards Act

Enacted in 1938 to regulate the minimum hourly wage and the number of hours that have to be worked before overtime pay (40 hours)

Record keeping is required relating to straight and overtime pay, hourly rate of pay, hours worked each day and each week, sex and occupation

Students may be paid 85% of minimum wage

Employees who receive tips have a minimum wage of $2.13 per hour

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Minimum Wage

Has risen through the years, but is not indexed to the cost of living

July 2009: the Federal minimum wage was raised to $7.25 per hour

January 1, 2012: Washington had the highest state minimum wage equal to $9.04 per hour

Santa Fe overall highest minimum wage at $10.29 per hour

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Overtime Pay

Is not required when the employee is receiving up to 10 hours per week of remedial education that is not specific job training

Overtime would be required in excess of the 10 hours if this remediation was mandated by the company

If it were a voluntary after-work program, no pay at all would be required

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Exemptions

Certain employees are exempted from the minimum wage and the maximum hour requirements:

Executives

Administrators

Professionals

Sales people

Baby-sitters

Elementary and secondary schoolteachers

Camp counselors if the camp is not in operation for more than 7 months in the calendar year

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Child Labor

Children who are at least 16 years of age may work in any occupation as long as it has not been deemed hazardous by the Secretary of Labor

Children who are 14 or 15 are not permitted to work in manufacturing, mining and other occupations that interfere with their schooling or their health and well-being

Children under 14 are not permitted to work unless it is for their parents or approved by the court for entertainment of athletic contracts

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Human Resource Advice

Understand the provisions of the Fair Labor Standards Act of 1938.

Pay at least the minimum wage.

Compensate employees with overtime pay after a 40-hour workweek.

Recognize that averaging hours worked over several weeks to avoid time-and-a-half pay for overtime is illegal.

Know the occupations exempted from minimum wage and maximum hours laws.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Human Resource Advice (Cont.)

Avoid hiring illegal aliens who will work for less than the minimum wage.

Refrain from paying workers off-the-books.

Appreciate that children may not be employed during school hours or in certain jobs deemed hazardous.

Learn that children under the age of 14 may work for their parents

Be aware that children under the age of 14 who engage in athletics and entertainment must have their contracts approved by the court.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

19-*

Summary

The Federal minimum wage was raised to $7.25 per hour.

The minimum wage is not a living wage.

Each state may set a minimum wage that must be equal to or greater than the Federal minimum wage.

Many employers have outsourced jobs to Mexico as well as overseas.

Minimum wage in Mexico is 65 pesos or approximately $5 per day.


Weekly Paper Assignment Rubric and Instructions

There will be one paper assigned each week. You may choose any topic from this week’s readings. Gather information from the textbook and outside sources. You may use APA or MLA to format your citations, but YOU MUST use Times New Roman 11-point font, 1.5 spacing, and 1-inch margins. The paper length below refers to textual content. Title pages, abstracts, charts, graphs, pictures, references sections, etc. will not be considered as part of your page length. These are extras added to enhance the paper. Please cite all of your sources. This paper is due Friday night. The papers are worth forty points each week, for a total of 160 points.

 Quality of Weekly Papers

Level 1

The topic is relevant to readings and covers information from the textbook. The textbook is cited as the source as well as at least one outside source.

Level 2

Level 1 plus – Paper uses personal examples and applies theories to the author’s current position and circumstances. The Paper thoroughly covers the topic using at least three outside sources.

Level 3

Level 2 plus – Going above and beyond to provide cutting-edge trends and changes in the topic. The paper includes data from current sources and a chart or graph in appendices. The paper brings in information from current year sources and cites five sources outside the text. Cite sources in-text and include the full source at the end of the paper. The appendix includes visual representations of data and any examples referenced in the paper.


Week Three Topic: Sexual Orientation


Pages: Five pages exclusively (plus title and reference pages = 7).


Textbook:

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

Chapter 13

Sexual Orientation

Employment Law:

New Challenges in the Business Environment

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Chapter Checklist

Know that protection under the Civil Rights Act does not extend to sexual orientation.

Learn that certain states and cities do provide sexual orientation protection.

Realize that people with AIDS or sexually transmitted diseases will be safeguarded under the Americans with Disabilities Act.

Appreciate that gay and lesbian employees can cover their partners under their health plan in a small but growing numbers of companies.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Understand that gays and lesbians may serve in the military.

Recognize that schoolteachers should not be judged by their sexual orientation but on their ability to teach and follow the course curriculum.

  • Be cognizant of the arguments presented for those advocating gay rights in employment and those against it.
  • Be careful about judging others whose lifestyle may not conform to yours lest they judge you in return.

Chapter Checklist (Cont.)

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Title VII of the Civil Right Act

Does not prohibit employers from refusing to hire or subsequently firing someone because he or she is homosexual.

Most commonly used terms are sexual affinity and sexual orientation.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Available Protection

Gays and lesbians working pursuant to employment contracts or employee handbooks may be protected by a clause in the agreement requiring that an employee may be discharged only for cause.

Some courts have overruled dismissal of gay employees based on public policy considerations.

Twenty states have sexual orientation laws.

Sixteen states have laws protecting transgendered individuals.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Homosexual Partners

Currently, gays and lesbians do not have the legal right to include their partners under their health coverage.

Fortune 500 companies offer domestic partner health benefits with some extending it to heterosexual couples who live together.

Homosexual marriages are not legally sanctioned except in a few states partners are considered mere friends who are not qualified for coverage.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Federal Government’s Policy

The federal government’s treatment of gays and lesbians is inconsistent.

Some agencies discriminate while others do not.

On December 21, 1973, the commission issued a directive in its Civil Service Bulletin which provided that, with respect to employment, no action should be taken against a person because he or she is a homosexual.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Teaching In Schools

Most heated debate is over whether gays and lesbians should be allowed to teach in the public school system and work in day care centers.

Fear persists among many that gays will indoctrinate the children in the homosexual way of life.

Homosexuality is not synonymous with pedophilia. Pedophilia is a sickness unrelated to sexual orientation. Constituency in pedophilia exists in both homosexual and heterosexual adults.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Acceptance or Tolerance

Many gays and lesbians want their lifestyles to be tolerated to the point where people will not be shocked to learn their choice and discrimination will not take place.

Acceptance of gays and lesbians may never take place but tolerance must.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Human Resource Advice

Discover whether state or local protection for sexual orientation exists where you live.

Choose whether to allow gays and lesbians to cover their partners under the health plan you provide.

Decide whether you will take sexual orientation into account in your employment decisions.

Be cognizant of the power of the gay and lesbian lobby.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Human Resource Advice (Cont.)

Distinguish gays and lesbians, transsexuals and transvestites from each other in determining company policy.

Realize that the ADA extends to people with AIDS or sexually transmitted diseases.

Be aware of the trend among public and private employers to provide more protection to gays and lesbians.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

13-*

Summary

The practical solution is to mandate tolerance. Society would like you to love everybody, but society can require you to tolerate everybody.

Society may have a higher goal acceptance, realistically, it should be looking to achieve removal of discrimination from the workplace and everyday life.


Weekly Paper Assignment Rubric and Instructions

There will be one paper assigned each week. You may choose any topic from this week’s readings. Gather information from the textbook and outside sources. You may use APA or MLA to format your citations, but YOU MUST use Times New Roman 11-point font, 1.5 spacing, and 1-inch margins. The paper length below refers to textual content. Title pages, abstracts, charts, graphs, pictures, references sections, etc. will not be considered as part of your page length. These are extras added to enhance the paper. Please cite all of your sources. This paper is due Friday night. The papers are worth forty points each week, for a total of 160 points.

 Quality of Weekly Papers

Level 1

The topic is relevant to readings and covers information from the textbook. The textbook is cited as the source as well as at least one outside source.

Level 2

Level 1 plus – Paper uses personal examples and applies theories to the author’s current position and circumstances. The Paper thoroughly covers the topic using at least three outside sources.

Level 3

Level 2 plus – Going above and beyond to provide cutting-edge trends and changes in the topic. The paper includes data from current sources and a chart or graph in appendices. The paper brings in information from current year sources and cites five sources outside the text. Cite sources in-text and include the full source at the end of the paper. The appendix includes visual representations of data and any examples referenced in the paper.


Week Two Topic: Pregnancy Discrimination and FMLA


Pages: Five pages exclusively (plus title and reference pages = 7).


Textbook:

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

Chapter 12

Pregnancy Discrimination and

Family and Medical Leave

Employment Law:

New Challenges in the Business Environment

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Chapter Checklist

Learn the requirements for taking family and medical leave.

Define serious health condition.

Understand that health benefits are maintained during family and medical leave

Appreciate that a health care provider’s certification of a serious health condition may be required.

Know that medical leave may be granted on an intermittent or consecutive basis.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Realize that family leave applies to fathers as well as mothers for the birth of a child.

Be aware that adoptive parents are entitled to family leave.

Understand the purpose of the Pregnancy Discrimination Act.

Be apprised of why some employers do not want to employ pregnant workers.

Be cognizant of the existence of fetal protection policies.

Chapter Checklist (Cont.)

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Pregnancy Discrimination

Pregnancy Discrimination Act of 1978

Amendment to Title VII of the 1964 Civil Rights Act

Made discrimination on the basis of pregnancy illegal in the US

Pregnant women must be treated the same as other employees or applicants

Must be judged by the ability to perform rather than their physical condition

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Pregnancy Discrimination (Cont.)

Some employers have prenatal counseling programs, nurses, and counselors

Helps reduce absenteeism, minimizes complications, aids in maintaining employee efficiency

Some employers are contributing more towards obstetrics care

Assists in allowing for a healthy pregnancy which also helps in a quick return of the employee in addition to reducing absenteeism and maintaining efficiency

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Fetal Protection Policies

Companies that deal with hazardous chemicals and toxic waste are concerned with liabilities, particularly with female workers in childbearing years

Exposure of a fetus to these hazards could be detrimental

Companies want to lower the risk of expensive potential lawsuits

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Fetal Protection Policies (Cont.)

To lower the chance of lawsuits, fetus protection policies have been adopted by certain companies

Prohibit women in childbearing year from working with hazardous materials

Places economic burden on these women

Some companies will arrange transfers with often lower compensation or without overtime benefits

Women claim this is discriminatory since their childbearing state has no impact on job performance

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Family Leave

Family and Medical Leave Act of 1993

Eligibility

Must have been employed for at least 1 year

Earned 1,250 hours of service during the previous 12 months

Only to employers who have 50 or more employees who have worked each day during 20 weeks of the current or preceding calendar year

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Family Leave (Cont.)

Permits eligible employees in any 12-month period to take up to 12 weeks of unpaid leave for:

Birth or adoption of a child

Care of a spouse, child, or parent with a serious health condition

A serious health condition of the employee that makes him/her unable to work

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Serious Health Condition

The individual is in a hospital, hospice, or nursing home or requires continuous medical treatment

Biological, adopted, foster, and stepchildren are covered

May require medical certification

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Medical Certification

Health care provider must provide certification of the serious medical condition to the employer that includes:

Date the condition began

Likely duration

Medical explanation of the condition

If request is for care of spouse, child, or parent

Medical certification is required to state that employee’s services are needed and to include the duration of time expected to be out of work

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Requesting Family Leave

Birth or Adoption

Employee is required to provide the employer with minimum 30 days notice of his/her intent to request family leave

Foreseeable Serious Medical Condition

Employee must provide 30 days notice and take into consideration the employer when scheduling treatment if practical

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Time Off

If an employee has unused paid leave, he/she may choose, or employer my require, that that time be used toward the 12-week family and medical leave

Unused paid leave includes:

Vacation time

Personal days

Sick days*

*Apply only to medical leave for employee or family member

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Maintenance of Health Benefits

While on leave, employee is entitled to maintenance of health benefits but:

Pension

Life Insurance and other benefits may be suspended during the leave period but must be restored upon return of the employee

If employee does not return

May be charged by employer for health care premiums while on leave unless it is due to a continuation of a serious health condition

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Human Resource Advice

Realize that some employees may try to take advantage of the medical leave policy.

Determine whether an employee has a serious health condition.

Require certification of the serious health condition by a health care provider.

Be aware of when your company reaches the 50-employee threshold.

Demand 30 days notice for family leave in all cases and for medical leave where practical.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Human Resource Advice (Cont.)

Refrain from discouraging eligible employees from taking family and medical leave.

Do not ask women if they intend to become pregnant.

Do not discourage women from becoming pregnant.

Treat pregnant women the same as other employees.

Refrain from instituting a fetal protection policy by ensuring the work environment is safe for pregnant workers.

Reassign women whose fetuses may be in danger to positions with comparable pay, overtime and promotion opportunities.

Copyright © 2014 Pearson Education, Inc.

Employment Law: New Challenges in the Business Environment, 6e
Moran

12-*

Summary

Under the Pregnancy Discrimination Act, women cannot be refused employment or removed from employment due to the temporary disability unless they are unable to perform job essentials

Family leave is guaranteed for 3 months in companies with 50 or more employees

Medical leave is also available

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