Employment Law PA-402

About the Course The syllabus will guide you throughout the course. It will remind you when graded items are due and what we are studying during each unit. You can see from the syllabus a breakdown of your gradebook – that shows what papers are worth more than the others.

Office Hours I will hold my office hours via the chatroom located in the classroom every Thursday from 7 – 9 PM EST. If you cannot make it during this time but would like to meet with me, please either me or post a note under Ask the Prof. and we will arrange for a different time to talk.

Seminars Seminars will be held every Thursday at 9:00 pm EST. I usually arrive about 20 minutes before the seminar begins or you can reach me in the Chat area. Seminars are graded –if you cannot make it, you can write a 2 page summary and send it by to earn your points.

Seminars (cont.) Seminars are graded –if you cannot make it, you can write a 2 page summary and send it by to earn your points. If you try to enter the seminar but it won’t load, and you’ve been trying for 5-10 minutes, you should head over to the chatroom in the classroom. We call this Plan B. In the rare event that neither the seminar platform nor the chatroom is working, we will have to reschedule the seminar.

What’s This Course About? The law is its own language Here you will have an understanding of current legal issues in the area of employer/employee relations. This examination includes coverage of such issues as selection, discrimination, privacy, and termination in addition to federal rules and legislation related to employment. Here you will have an understanding of current legal issues in the area of employer/employee relations. This examination includes coverage of such issues as selection, discrimination, privacy, and termination in addition to federal rules and legislation related to employment.

How Will You Be Graded? SEMINARS4 POINTS EACH DISCUSSION BOARD16 POINTS EACH UNIT 1 ASSIGNMENT30 POINTS UNIT 3 ASSIGNMENT50 POINTS UNIT 5 ASSIGNMENT120 POINTS UNIT 7 ASSIGNMENT120 POINTS UNIT 8 ASSIGNMENT190 POINTS UNIT 9 ASSIGNMENT190 POINTS QUIZZES30 POINTS EACH FINAL EXAM ESSAY90 POINTS FINAL EXAM150 POINTS

Grading Rubrics We use rubrics to assist us with grading your discussion board contributions and your written work. These are located in the syllabus. Please review them and let me know if you have any questions about them.

Online Library Should you need additional material, you are welcome to use the online library You can access the library from your desk page. After clicking on the library tab, click on “electronic articles” and then on Lexis Nexis.

Academic Success Center Take advantage of the free academic support services available through the Kaplan University Academic Success Center, including: Take advantage of the free academic support services available through the Kaplan University Academic Success Center, including: Writing Center Math Center Paper Critiques Online subject-matter references and tutorials Live online tutoring

Any Questions? ?

Employment Law  Famous Quote (well maybe) – “You’re likely either an employee or an employer, so the area of law is always filled with lots of work.”

Employment Law  It is all based on Contracts  What does a Contract have to do with employment?  How do we establish an employment contract? To know requires a Contract Law review.

Employment Law Contracts Review  Elements to create a valid contract  Offer  Acceptance  Consideration  Also known as a “promise for a promise”

Employment Law  Debbie Why-Me owns a catering business. She has a job for an outdoor wedding. She sends an to 100 people offering the opportunity to work at the event.  Pattie Sue answers the and says she’s available to work. Debbie tells her to report at 9 am on Saturday, she needs to wear black pants with white blouse, the standard uniform she has worn many times prior to working with Debbie.  Pattie reports to work and checks in. Debbie tells her Charlie Cook is in charge, Charlie asks her to setup the buffet line and move plates from the van to the table.

Employment Law  Pattie picks up a stack of plates, and walks towards the buffet table. As she is walking, she trips on a depression in the lawn. She tumbles to the ground, smashes all 25 plates, and dislocates her knee requiring an ambulance ride to the hospital and follow-up physical therapy.  Pattie submits her claim to Worker’s Comp. The claim is denied. They claim Pattie is not an employee of Debbie Why-Me.  If she is not an employee, what is she and how to we know the difference?

Employment Law Employee v. Independent Contractor 1.Extent of the Master’s Control over the details of the work. 2.Whether the person is engaged in a distinct business. 3.The kind of occupation. 4.The skill required. 5.Who supplies the tools. 6.The length of employment. 7.The method of payment. 8.Whether the work was a regular part of the business. 9.How the parties view their relationship. 10.Whether the employer is in business.

Employment Law Master and Servant Law  Agency Concept – is the employer liable for the torts of the employee?  Am I a servant of Kaplan University or an Independent Contractor?

Employment Law  Education  Drug Testing  Polygraphs  Residence  Testing Conditions to Employment

Employment Law  What is a Protected Class – Name some  Who is in a protected class Protected Classes

Employment Law  Race  Color  Age  Gender  Religion  Orientation  National Origin Protected Classes

Employment Law  Can discrimination be legal? If so, how? Protected Classes & Legal Discrimination

Employment Law  Hooters  FBI  Air Traffic Control  Asian Restaurant  Police Department  Flight Attendant  Military Protected Classes & Legal Discrimination

Employment Law  Popular in the late 70’s.  See 29 USC 2001 et seq. Polygraph Testing “Except as provided in sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce-- (1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test; (2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee; (3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against–” 29 USC 2002 (2010). Case Presentation

Employment Law Case Presentation FIRAC = Facts Issue Rule Analysis Conclusion