Differentiate the relationship statuses between the employer, employee, and independent contractor.

06 Aug Differentiate the relationship statuses between the employer, employee, and independent contractor.

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Course Syllabus

Course Description

Provides a working knowledge of federal legislation and regulations affecting employers. Introduces a simple approach to employment law with a foundation of legal principles explained in the layperson’s language. A consistent theme of the course is employer awareness of protected classes.

Course Textbook(s)

Cihon, P. J., & Castagnera, J. O. (2020). Employment and labor law (10th ed.). Cengage Learning. https://online.vitalsource.com/#/books/9780357364697

Course Learning Outcomes

Upon completion of this course, students should be able to:

1. Differentiate the relationship statuses between the employer, employee, and independent contractor.

2. Examine the responsibilities of the parties to an employment contract.

3. Explain the types of federally prohibited discrimination in the workplace environment.

4. Discuss Affirmative Action policies.

5. Discuss the Equal Employment Opportunity Commission.

6. Explain the authority of unions in the workplace.

7. Discuss workplace sexual harassment under Title VII of the Civil Rights Act of 1964.

8. Explain the causes of action under federal antidiscrimination laws.

Academic Integrity

Honesty and integrity are taken very seriously at Waldorf University. All students should be familiar with the Waldorf University Academic Integrity Policy (found in the current Student Handbook) and the consequences that will result from breaches of this policy.

Credits

Upon completion of this course, the students will earn 3.00 hours of college credit.

Course Structure

BUS 3900, Employment and Labor Law

BUS 3900, Employment and Labor Law 1

1. Study Guide: Course units contain a Study Guide that provides students with the learning outcomes, unit lesson, required unit resources, assignments, and supplemental resources.

2. Learning Outcomes: Each unit contains Learning Outcomes that specify the measurable skills and knowledge students should gain upon completion of the unit.

3. Unit Lesson: Unit Lessons, which are located in the Study Guide, discuss lesson material.

4. Required Unit Resources: Units contain Required Unit Resources from one or more chapters from the textbook and/or outside resources.

5. Suggested Unit Resources: Suggested Unit Resources are listed within the Study Guide. Students are encouraged to read the resources listed if the opportunity arises, but they will not be tested on their knowledge of the Suggested Unit Resources.

6. Learning Activities (Nongraded): Nongraded Learning Activities are provided to aid students in their course of study.

7. Discussion Boards: Students are required to submit Discussion Board posts in Units I-VIII. Discussion Boards provide students the opportunity for student-to-student and professor-to-student interaction based on relevant course concepts and ideas. Specific information about accessing the Discussion Board rubric is provided below.

8. Unit Assignments: Students are required to submit for grading Unit Assignments. Specific information and instructions regarding these assignments are provided below. Grading rubrics are included with each assignment. Specific information about accessing these rubrics is provided below.

9. Ask the Professor: This communication forum provides students with an opportunity to ask their professor general questions or questions related to course content.

10. Student Break Room: This communication forum allows for casual conversation with other classmates.

Unit Assignments

Unit I Case Study

Read the case DCS Sanitation Management v. Eloy Castillo linked in the reference below.

DCS Sanitation Management v. Castillo, 435 F.3d 892, (8th Cir. 2006). https://www.courtlistener.com/opinion/793090/dcs- sanitation-management-inc-v-eloy-castillo-efren-george-castillo/

Write a case study on the case scenario and court decision. You must address the following at a minimum:

Discuss the legal implications for employers and employees for requiring employees to sign noncompete agreements. What factors did the court consider in making its decision? Compare and contrast Ohio and Nebraska’s positions on noncompete clauses. Which state’s laws support ethical reasoning in the resolution of this case?

Your case study must be a minimum of two pages, not including the title and reference pages. It should present an insightful and thorough analysis and provide strong argument and evidence. In addition to the case, you must use at least two academically reliable sources to support your analysis. The case itself linked above does not count as one of these sources. All sources used must have citations and references properly formatted in APA Style. APA formatting of your case study is otherwise not required.

This Case Study Example may assist you with your case study construction and APA Style citations and references.

Unit II Project

For this assignment, you will prepare a workplace policy to demonstrate your understanding of this unit’s concepts and provide a written rationale for your policy that presents thorough analysis using strong argument and evidence.

First, choose one of the common workplace torts discussed in the Required Unit Resources for this unit (other than genetic testing). Prepare a detailed and specific policy for your employer that balances both the employer and employees’ rights. This policy must be no longer than one page in length. Next, write a two-page rationale for your policy in which you include the following: Explain the foundation and necessity of the policy,. Discuss how the policy balances employee and employer rights.

BUS 3900, Employment and Labor Law 2

https://www.courtlistener.com/opinion/793090/dcs-sanitation-management-inc-v-eloy-castillo-efren-george-castillo/

https://online.waldorf.edu/bbcswebdav/xid-132640956_1

Offer evidence of your state and/or federal laws that support or relate to your policy.

The project will be a total of three pages, not including a title or reference page. You must use at least two academically reliable or peer-reviewed sources to support the rationale portion of your project. All sources used must have citations and references properly formatted in APA Style. APA formatting of your project is otherwise not required.

Unit III PowerPoint Presentation

For this assignment, you will develop a training PowerPoint presentation on discrimination and sexual harassment in the workplace that can be delivered virtually to educate newly hired leaders in your company.

In your presentation, you must accomplish the following:

Explain federally prohibited types of discrimination. Explain the role of the Equal Employment Opportunity Commission in workplace discrimination. Explain Affirmative Action plans your company may institute. Summarize what constitutes sexual harassment in the workplace.

Your PowerPoint presentation must be at least eight slides in length, not including the title or reference slides. You must use the Audio function in PowerPoint to add at least 30 seconds of audio to each content slide. The audio should be used to expand on slide content and should not be a reading of the content. Remember, this training will be delivered virtually, so create your slides and audio content in a way that fully explains the content for the new hires.

You must use at least four academically reliable sources to support your presentation. All sources used must have citations and references formatted in APA Style. APA formatting of your PowerPoint presentation is otherwise not required.

The Waldorf Writing Center has created PowerPoint Basics to help you with this assignment. Adding Audio to PowerPoint can help you with the audio requirement portion of this assignment.

Unit IV Project

You are the human resource manager of Bird Dog Freight, a large, long-haul trucking company. It is your responsibility to ensure you consider all legal ramifications of hiring, or not hiring, candidates for employment in order to protect and balance the rights of both the company and the candidate.

You are looking to hire Susan Florence as a new long-haul driver. Susan is a 58-year-old African American with an exceptional resume and extensive long-haul experience.

Your company required a physical as part of the hiring process and during the physical, Susan revealed she has lupus. In his evaluation, the doctor stated concerns that her age and health may affect her driving ability.

First, provide a detailed, written assessment to the Bird Dog Freight CEO describing potential legal concerns regarding Susan’s hiring or non-hiring. This may be in either email or memorandum format. Be sure to explicitly indicate any statutes and laws (federal or from your own state) concerning discrimination that are applicable in this case.

Next, recommend a course of action to the CEO regarding the hiring of Susan, and fully explain your position. Be sure to indicate how Affirmative Action policies may factor into Susan’s hiring or non-hiring. Your recommendation must paint a picture for the CEO so he fully understands the ramifications of hiring or not hiring Susan.

Your project must be a minimum of two written pages. You must use at least two academically reliable sources to support your analysis and recommendation. All sources used must have citations and references formatted in APA Style. APA formatting of your project is otherwise not required.

Unit V Essay

Assume that an unfail labor practice charge was filed against your company by several current employees and three prospective employees. See the form linked below indicating the charge, which outlines the scenario below:

FORM NLRB-501: Case 4689-3

On July 29, 2016, Delphi Golf, Inc. and the union entered a collective bargaining agreement. The majority of the company’s employees covered by the agreement had not designated the union as their collective-bargaining representative. The agreement contains a union-security clause requiring employees who are members in good standing of the union to maintain their membership in good standing and all other employees to become

BUS 3900, Employment and Labor Law 3

https://online.waldorf.edu/bbcswebdav/xid-128830870_1

https://online.waldorf.edu/bbcswebdav/xid-100323032_1

https://online.waldorf.edu/bbcswebdav/xid-140675005_1

members of the union on or before the 31st day following the effective date of the agreement or the date of their hire. The union instructed Delphi Golf, Inc. not to employ three servers for restaurant positions in the company because the servers were not members of the union. The company is an employer within the meaning of Section 2(2) of the act engaged in commerce within the meaning of Section 2(6) and (7) of the act.

In a two-page essay:

Begin with an introduction that provides a clear background allowing readers to gain an understanding of the purpose of the paper. Explain the process and steps involved your company will have to take to defend this action. Ascertain the defenses to the action and determine if the union employees have valid claims. What actions, if any, should the employer have done differently? What actions by the union should have been done differently? Who, if anyone, is liable?

Your essay must be a minimum of two pages, not including the title and reference pages. You are required to use at least two sources to support your essay, one of which may be your eTextbook. All sources used must have citations and references formatted in APA Style. APA formatting of your essay is otherwise not required.

Unit VI Project

In this assignment, you will create either a podcast or vlog (video blog) on the topic of collective bargaining. The goal of this project is for you to explore areas that interest you and for you to explain them in more depth to help others understand them. (If you are new to vlogging, see the Student Resource document linked below for helpful tips on creating a vlog).

In your project, you must highlight and explore five different areas of collective bargaining. One of the five areas you must cover is an overview of the types of collective bargaining subject matter (mandatory, permissive, and illegal). The remaining four areas are up to your choosing.

You should be creative in how you demonstrate your knowledge about the areas you choose. You can employ graphics or PowerPoint slides (if vlogging), case law, hypothetical scenarios, interviews, or any other method in which you can engage your audience and accomplish the requirements of the project.

The format is up to you. You can choose one area and highlight different processes in collective bargaining (i.e., duty to bargain, tasks involved, administration, enforcement) or each area can be an entirely different aspect of collective bargaining (i.e., picketing, strikers, unions, enforcement.).

The above are suggestions. This project is a chance for you to explore areas that interest you and to be creative in applying the concepts learned in this unit.

You must provide a written transcript whether you do a vlog or a podcast. You are required to use at least three academically reliable sources to support your project, and the transcript must contain the citations and references formatted in APA Style.

Your vlog or podcast must be a minimum of eight minutes but no more than 10 minutes. You will submit your project as follows:

If a vlog—submit a link to your vlog recording and the transcript in a single Word document in the assignment submission area of Blackboard. If a podcast—insert the audio recording into a Word document, followed by the transcript of the podcast. Submit the single document in the assignment submission area of Blackboard.

The document Student Resources contains links to tutorials or helpful guidance that can assist you with the technical aspects of this assignment.

Unit VII Scholarly Activity

For this assignment you will write a two-part scholarly paper. It requires you to use academic sources, scholarly word choice and tone, and effective use of evidence.

Begin with an introduction that establishes an understanding of the purpose of your paper. Clearly present your thesis and a summary of the main points.

Next, for the first part, you must compare and contrast the rights—and the regulation of those rights—of unionized employees versus public sector employees. Address the following, at a minimum:

BUS 3900, Employment and Labor Law 4

https://online.waldorf.edu/bbcswebdav/xid-140679116_1

Differentiate the governance of rights for unionized and public sector employees. Examine the rights of unionized employees versus public sector employees.

Next, you will compare and contrast the rights and benefits of a non-union member versus a union member in a unionized bargaining unit. Be sure to:

Summarize the rights of both members in a bargaining environment. Examine the differences for the two member classes when it comes to strikes, concerted action, and other organization efforts. Explain employer conduct that violates employees’ rights.

Your paper must be a minimum of three pages, not including the title or reference pages. You may include up to three graphics (not decorative images or pictures), tables, or charts to augment your paper.

You must use a minimum of three academic or peer-reviewed sources to support your paper. One source must come from the Waldorf Online Library, and one may be your eTextbook. All sources used must have citations and references formatted in APA Style. APA formatting of your scholarly activity is otherwise not required.

Unit VIII Case Study

For this assignment, you will conduct a case study on workplace safety and compensation. You will use the organization for which you currently or previously have worked as the basis of this case study.

Begin with a brief overview of the organization that includes the type of business, location and size of workforce.

Next, you will explore compensation at your organization. You must discuss the following issues:

Summarize the scope and authority of the Fair Labor Standards Act (FLSA). You learned in Chapter 22 of the eTextbook that 70% of American companies are not in compliance with FLSA. Does your organization fully comply with FLSA? Explain why or why not. What impact do your state laws have on compensation at your organization?

Now, examine the core components of the American workers’ compensation safety net:

Summarize workers’ compensation, unemployment benefits, Social Security, and retirement benefits policies at your organization. How well do you think your organization provides support, education, training, or resources in these areas?

Finally, summarize how Occupational Safety and Health Administration (OSHA) regulations apply to your organization and then answer the following questions:

Have there been any OSHA violations at your organization in the last five years? If you do not know, you can visit OSHA’s Establishment Search and enter your organization’s name, state, zip code, and requested dates to see any recorded inspections and violations. Do you believe either compliance or non-compliance with OSHA standards has impacted your organization’s bottom line (positively or negatively.) Consider aspects like lost time or revenue, compensation claims, personnel loss that can result from violations. Support your opinion with specific examples.

Your case study must be a minimum of two pages, not including the title and reference pages. You must use at least three distinct, academic sources—one for each topic (compensation, safety net, OSHA)—to support your analysis. All sources used must have citations and references formatted in APA Style. APA formatting of your case study is otherwise not required.

Submitting Course Papers/Projects

Once you have completed your papers/projects, submit your completed papers/projects by uploading through the Assignment tab in each unit. Do not e-mail your paper directly to your professor. By using the Assignment tab, your record will automatically be updated to indicate you have submitted your papers/projects, and the assignment will be provided to your professor for grading. Instructions for submitting your assignment can be found under the Assignment tab in each unit.

BUS 3900, Employment and Labor Law 5

https://www.osha.gov/pls/imis/establishment.html

APA Guidelines

Waldorf University requires that students use the APA style for papers and projects. Therefore, the APA rules for formatting, quoting, paraphrasing, citing, and listing of sources are to be followed. Information about using APA style can be found in APA Style Help in the Course Menu. This area provides links to Internet sites, tutorials, and guides that provide comprehensive information on APA formatting, including examples and sample papers.

Grading Rubrics

This course utilizes analytic grading rubrics as tools for your professor in assigning grades for all learning activities. Each rubric serves as a guide that communicates the expectations of the learning activity and describes the criteria for each level of achievement. In addition, a rubric is a reference tool that lists evaluation criteria and can help you organize your efforts to meet the requirements of that learning activity. It is imperative for you to familiarize yourself with these rubrics because these are the primary tools your professor uses for assessing learning activities.

Rubric categories include (1) Discussion Board, (2) Assessment (Written Response), and (3) Assignment. However, it is possible that not all of the listed rubric types will be used in a single course (e.g., some courses may not have Assessments).

The Discussion Board rubric can be found within Unit I’s Discussion Board submission instructions.

The Assessment (Written Response) rubric can be found embedded in a link within the directions for each Unit Assessment. However, these rubrics will only be used when written-response questions appear within the Assessment.

Each Assignment type (e.g., article critique, case study, research paper) will have its own rubric. The Assignment rubrics are built into Blackboard, allowing students to review them prior to beginning the Assignment and again once the Assignment has been scored. This rubric can be accessed via the Assignment link located within the unit where it is to be submitted. Students may also access the rubric through the course menu by selecting the “Grades” link.

Again, it is vitally important for you to become familiar with these rubrics because their application to your Discussion Boards, Assessments, and Assignments is the method by which your instructor assigns all grades.

Communication Forums

These are non-graded discussion forums that allow you to communicate with your professor and other students. Participation in these discussion forums is encouraged, but not required. You can access these forums with the buttons in the Course Menu. Instructions for subscribing/unsubscribing to these forums are provided below.

Click here for instructions on how to subscribe/unsubscribe and post to the Communication Forums.

Ask the Professor

This communication forum provides you with an opportunity to ask your professor general or course content questions. Questions may focus on Blackboard locations of online course components, textbook or course content elaboration, additional guidance on assessment requirements, or general advice from other students.

Questions that are specific in nature, such as inquiries regarding assessment/assignment grades or personal accommodation requests, are NOT to be posted on this forum. If you have questions, comments, or concerns of a non- public nature, please feel free to email your professor. Responses to your post will be addressed or emailed by the professor within 48 hours.

Before posting, please ensure that you have read all relevant course documentation, including the syllabus, assessment/assignment instructions, faculty feedback, and other important information.

Student Break Room

This communication forum allows for casual conversation with your classmates. Communication on this forum should always maintain a standard of appropriateness and respect for your fellow classmates. This forum should NOT be used to share assessment answers.

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https://online.waldorf.edu/bbcswebdav/institution/CSEG_Content/Commons/PDFs/Create_New_Thread_Subscribe.pdf

Schedule/Grading

The following pages contain a printable Course Schedule to assist you through this course. By following this schedule, you will be assured that you will complete the course within the time allotted.

Unit I Employment and Labor Law and Noncompete Agreements [ Weight: 11% ]

Read/View: Unit I Study Guide Preface: Guide to Briefing Cases Chapter 1: First the Forest, Then the Trees: An Overview of Employment and Labor Law Chapter 2: Employment Contracts and Wrongful Discharge Unit Resource (1 case): See Study Guide

Discuss: Unit I Discussion Board 2%

Submit: Unit I Case Study 9%

Unit II Workplace Torts and Privacy Rights [ Weight: 13% ]

Read/View: Unit II Study Guide Chapter 3: Commonly Committed Workplace Torts Chapter 4: Employee Privacy Rights in the 21st Century Chapter 5: The Global Perspective: International Employment Law and American Immigration Policy

Discuss: Unit II Discussion Board 2%

Submit: Unit II Project 11%

Unit III The Civil Rights Act and Discrimination [ Weight: 14% ]

Read/View: Unit III Study Guide Chapter 6: Title VII of the Civil Rights Act and Race Discrimination Chapter 7: Gender and Family Issues: Title VII and Other Legislation, Sections 7-1 – 7-2a, 7-4 – 7-5f Chapter 8: Discrimination Based on Religion and National Origin and Procedures Under Title VII, Sections 8-1 – 8-2a Chapter 11: Other EEO and Employment Legislation: Federal and State Laws, Sections 11-2b, 11-5b

Discuss: Unit III Discussion Board 2%

Submit: Unit III PowerPoint Presentation 12%

Unit IV Discrimination Based on Age and Disability [ Weight: 11% ]

Read/View: Unit IV Study Guide Chapter 9: Discrimination Based on Age Chapter 10: Discrimination Based on Disability Chapter 11: Other EEO and Employment Legislation: Federal and State Laws

Discuss: Unit IV Discussion Board 2%

Submit: Unit IV Project 9%

BUS 3900, Employment and Labor Law 7

Unit V Organized Labor and Unfair Practices [ Weight: 11% ]

Read/View: Unit V Study Guide Chapter 12: The Rise of Organized Labor and Its Regulatory Framework, Sections 12-2a – 12-5b Chapter 14: Unfair Labor Practices by Employers and Unions, Sections 14-1 – 14-2f

Discuss: Unit V Discussion Board 2%

Submit: Unit V Essay 9%

Unit VI Collective Bargaining [ Weight: 15% ]

Read/View: Unit VI Study Guide Chapter 15: Collective Bargaining Chapter 17: The Enforcement and Administration of the Collective Agreement

Discuss: Unit VI Discussion Board 2%

Submit: Unit VI Project 13%

Unit VII Rights of Unionized and Public Sector Employees [ Weight: 14% ]

Read/View: Unit VII Study Guide Chapter 18: The Rights of Union Members Chapter 19: Public-Sector Labor Relations

Discuss: Unit VII Discussion Board 2%

Submit: Unit VII Scholarly Activity 12%

Unit VIII Employee Safety and Compensation [ Weight: 11% ]

Read/View: Unit VIII Study Guide Chapter 21: The Employee’s Safety Nets: Unemployment and Workers’ Compensation, Social Security, and Retirement Plans Chapter 22: The Fair Labor Standards Act

Discuss: Unit VIII Discussion Board 2%

Submit: Unit VIII Case Study 9%

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