Human Resource Law

MANA 5327

Summer Semester 2009

Class Days: Monday/Wednesday

Time: 5:30 – 7:50 p.m.

Location: COB 251

Instructor Name: Paul Hash Office: COB 209

Phone: 214-647-2105 E-mail:

Office hours: Mon. & Wed. 7:50 to 8:50 p.m.

COURSE DESCRIPTION

This course is designed to familiarize students with applicable federal and state law in a broad array of employment situations, and to address the practical implications of dealing with day-to-day or unusual situations encountered by Human Resource Professionals.

REQUIRED TEXT

The text for the course is Bennett-Alexander, Hartman, (2009) Employment Law for Business, (6th Ed.) New York: McGraw-Hill. You will also be supplied with various printed materials during the course by the instructor.

COURSE OBJECTIVES

Students successfully completing this course will be:

1.  Knowledgeable about federal and state laws relating to employment matters.

2.  Able to identify the appropriate law applicable to a particular fact situation.

3.  Able to ensure that the employer is in substantial compliance with the law regarding all phases of the employer/employee relationship, including hiring, evaluation, compensation, promotion, discharge or discipline and the policies applicable thereto.

4.  Able to train management personnel with regard to their responsibilities under the law.

5.  Able to appropriately respond to governmental agencies and their requests for information and investigations.

6.  Able to conduct internal investigations when necessary in a manner that satisfies the employer’s obligations under the law and promotes equitable and uniform treatment among employees.

MODE OF INSTRUCTION

The course will utilize lecture and interactive discussion to examine the legal and practical implications of various employment and labor statutes and common laws. Guest instructors will present various topics, such as ERISA and Immigration Law. Students should read assigned materials PRIOR to the class date and be prepared for discussions and exercises. It is to your advantage to stay current with readings and assignments. A variety of learning tools will be used to develop and enhance your understanding of the subject matter, including case analyses, current events, and class discussions, rather than solely lectures.

GRADING COMPONENTS

Test Grade (June 17) 30%

Test Grade (July 8) 30%

Test Grade (July 29) 30%

Class participation 10%

Total Percentage 100%

Grading for the course will be based upon three tests comprising 30% of your grade each, which will be conducted at roughly equal stages during the course. The tests will cover information contained in the text and handout materials as well as information discussed during the class sessions. While a power point will be used to aid class discussions, students should not assume that testing will only be over subjects addressed in power points. Therefore, regular class attendance is recommended for a favorable grade. The written exams will be approximately one hour in length each, and will be comprised of multiple choice, true/false and short answer/essay questions. Students are expected to use proper grammar and correct punctuation in their written test answers, and grades may be reduced for substantial or extensive grammar or punctuation errors. If a student is unable to attend an exam due to circumstances beyond his or her control, the matter should be discussed with the instructor so that a make up exam can be arranged.

ATTENDANCE

Ten percent of your grade will be based on class participation. Students will be expected to actively participate in class discussions, and will be called upon to discuss the assigned reading materials. A student will be assigned a particular case which he or she will be responsible for knowing the reported facts, explaining the court’s application of the law to those facts, and understanding the court’s reasoning. The student will also be questioned by the instructor regarding topics such as alternative factual scenarios and contradictory holdings. Since the student will be notified of the case assignment in the session prior to the class session during which the recitation is required, the student being unprepared for the recitation will result in a failing or lowered class participation score. Simply because a particular student is assigned to recite regarding a case, this will not relieve the other class members from their responsibility of being familiar with the case and capable of knowledgeably discussing it.

Attendance will be taken in class, and students may be absent on two class occasions without penalty. However, after missing two classes, students will have one point deducted from their final grade for each missed class session, absent compelling circumstances (death in family, illness).

CELL PHONES & LAPTOPS

Your cell phones must be turned off or silenced during class. Laptops are permitted in class for note taking purposes only. E-mailing, instant messaging (texting on you phone, too), and internet surfing are strictly prohibited. Students violating this policy will be asked to leave the class.

TOPIC OUTLINE

Class 1 (Wednesday, June 3)

Topics:

·  Introduction

·  Basics of the Court System

·  Employment Status, “At Will” Employment and exceptions to “At Will” Employment

Reading: Chapter 1 (pages 2-71)

Class 2 (Monday, June 8)

Topics:

·  Title VII of the Civil Rights Act of 1964

·  Other statutory Civil Rights protection/State Laws

·  The EEOC (agency/administrative process)

·  Lawsuits by EEOC

·  Damages

·  The Ledbetter Act

Reading: Chapter 2 (pages 72-116)

Chapter 3 (pages 117-131)

Class 3 (Wednesday, June 10)

Topics:

·  Race and Color Discrimination

·  National Origin Discrimination

Reading: Chapter 5 (pages 257-310)

Chapter 6 (pages 311-323; 330-343)

Class 4 (Monday, June 15)

Topics:

·  Gender Discrimination

·  Equal Pay Act

·  Paycheck Fairness Act

·  Affinity Orientation Discrimination

·  Employment Non-Discrimination Act

·  Sex Harassment

Reading: Chapter 7 (pages 347-396)

Chapter 8 (pages 397-458)

Chapter 9 (pages 459-504)

Handout materials (to be provided)

Class 5 (Wednesday, June 17)

(TEST: classes 1 through 4)

Topics:

·  Religion Discrimination

·  Age Discrimination

Reading: Chapter 10 (pages 505-554)

Chapter 11 (pages 555-574; 579-595)

Class 6 (Monday, June 22)

Topics:

·  Disability Discrimination (ADA; ADAAA)

Reading: Chapter 12 (pages 596-627; 636-656)

Handout materials (to be provided)

Class 7 (Wednesday, June 24)

Topics:

·  Labor Law (History, statutory basis, certification, negotiation, collective bargaining agreements, grievance/arbitration, strikes )

·  Employee Free Choice Act

Reading: Chapter 14 (pages 722-770)

Handout materials (to be provided)

Class 8 (Monday, June 29)

Topics:

·  Labor Law (continued, if necessary)

·  Arbitration of Employment Disputes

·  Drug Testing

·  Employee Privacy

Reading: Chapter 13 (pages 660-674; 678-685)

Chapter 3 (pages 148-152; 167-173)

Class 9 (Wednesday, July 1)

Topics:

·  The Fair Labor Standards Act

·  Texas Payday Act

Reading: Chapter 15 (pages 771-779)

Handout materials (to be provided)

Class 10 (Monday, July 6)

Topics:

·  Workers’ Compensation

·  Workers’ Compensation Discrimination

·  Employment torts

·  Reference Checks

·  Fair Credit Reporting Act

Reading: Chapter 12 (pages 627-634)

Handout materials (to be provided)

Class 11 (Wednesday, July 8)

(TEST: classes 5 through 10)

Topics:

·  Immigration

Reading: Chapter 6 (pages 323-330)

Handout materials (to be provided)

Class 12 (Monday, July 13)

Topics:

·  FMLA and Employee Leave

Reading: Chapter 15 (pages 779-781; 810-812 [Spangler])

Handout materials (to be provided)

Class 13 (Wednesday, July 15)

Topics:

·  Retaliation

·  Whistleblower protection

·  Employee testing (polygraph, genetic, aptitude)

·  Various State Laws (Garnishment, Unemployment Compensation Insurance, Jury Duty)

Reading: Chapter 3 (pages 152-175)

Handout materials (to be provided)

Class 14 (Monday, July 20)

Topics:

·  ERISA

·  OSHA

Reading: Chapter 11 (pages 578-579)

Chapter 15 (pages 781-803)

Handout materials (to be provided)

Class 15 (Wednesday, July 22)

Topics:

·  Employment Contracts

·  Non-compete Agreements

·  Confidentiality Agreements

·  Non-solicitation Agreements

Reading: Chapter 3 (pages 145-148)

Handout materials (to be provided)

Class 16 (Monday, July 27)

Topics:

·  Reductions in Force, Releases

·  OFCCP

·  Affirmative Action

·  Record Retention

Reading: Chapter 4 (pages 207-246)

Chapter 11 (pages 574-577)

Handout materials (to be provided)

Class 17 (Wednesday, July 29)

FINAL EXAM: (Classes 11 through 16).