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Federal laws regulating employement

Employment Law – Lesson 1

SCENARIO 1

Jenna Zitron informs her employer that she has been summoned to serve jury duty for a week. Though rescheduling her duties is not a problem, Jenna is told by her employer that, if she serves jury duty rather than trying to be relieved of it, she will be terminated. Jenna refuses to lie to be relieved of jury duty. Does Jenna have a basis on which to sue for unlawful termination?

 

SCENARIO 2

Mark Richter is about to retire as a candy salesperson when he closes on a deal the candy company has been trying to land for a long time. Just before Mark is to collect his substantial commission, he is terminated. Does Mark have a basis on which to sue for unlawful termination?

 

SCENARIO 3

Emma Bina is working as a research scientist at a laboratory when she is approached with an employment offer from a competing laboratory. The competing lab director offers Emma nearly double her present salary and superior research equipment and opportunities. The lab director tells Emma that she can remain employed with the new company as long as she does satisfactory work. Emma accepts the offer, sells her house, takes her dog and cats, and moves to the new state, buys a new house, and settles in. Emma’s fi rst two evaluations are superior. Then, six months after arriving, Emma is terminated and the employer offers no explanation. Emma sues for unlawful termination. Does she win? Why or why not?

 

SCENARIO 4

Demetria, 5’ 2”, 120 pounds, applies for a position with her local police department. When the department sees that she is applying for a position as a police officer, it refuses to take her application, saying that she doesn’t meet the department’s requirement of being at least 5 feet 4 inches tall and at least 130 pounds. Is the department’s policy legal?

 

SCENARIO 4

Jill, an interviewer for a large business firm, receives a letter from a consulting firm inviting her to attend a seminar on Title VII issues. Jill feels she doesn’t need to go since all she does is interview applicants, who are then hired by someone else in the firm. Is Jill correct?

Vocabulary

Qualified individuals, under direct supervision, an independent contractor, incur liabilities, severance pay (cost), staffing costs, high turnover, submit reports, comply with instructions, exercise control, render services, full-time employment, employer’s premises, regular paycheck, expenses, discharge a worker, terminate (an employment contract), furnish materials and equipment, grievance procedure, redundancy pay.

Federal laws regulating employement

  • Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
  • the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
  • the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
  • Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
  • Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and
  • the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Case study



The IRS, in its training materials, offers this case study on the question of whether someone is an employee or an independent contractor:

 

A computer programmer is laid off when company X downsizes. Company X agrees to pay the programmer $10,000 to complete a one-time project to create a certain product. It is not clear how long it will take to complete the project, and the programmer is not guaranteed any minimum payment for the hours spent on the project. The programmer does the work on a new high-end computer, which was purchased by the company. The programmer works at home, but may attend meetings of the software development group at the firm. Company X provides the programmer with no instructions beyond the specifications for the product itself. The programmer and company X have a written contract, which provides that the programmer is considered to be an independent contractor, is required to pay her own taxes, and receives no benefits from company X.

 

Is she an employee?


Date: 2016-01-14; view: 1828


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