Employment Law PA-402

About the CourseAbout the Course

The syllabus will guide you throughout the The syllabus will guide you throughout the course. It will remind you when graded course. It will remind you when graded items are due and what we are studying items are due and what we are studying during each unit.during each unit.

You can see from the syllabus a You can see from the syllabus a breakdown of your gradebook – that breakdown of your gradebook – that shows what papers are worth more than shows what papers are worth more than the others.the others.

Office HoursOffice Hours

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

SeminarsSeminars

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

Seminars (cont.)Seminars (cont.)

Seminars are graded –if you cannot make it, you Seminars are graded –if you cannot make it, you can write a 2 page summary and send it by can write a 2 page summary and send it by email to earn your points.email to earn your points.

If you try to enter the seminar but it won’t load, If you try to enter the seminar but it won’t load, and you’ve been trying for 5-10 minutes, you and you’ve been trying for 5-10 minutes, you should head over to the chatroom in the should head over to the chatroom in the classroom. We call this Plan B.classroom. We call this Plan B.

In the rare event that neither the seminar In the rare event that neither the seminar platform nor the chatroom is working, we will platform nor the chatroom is working, we will have to reschedule the seminar.have to reschedule the seminar.

What’s This Course About?What’s This Course About?

The law is its own languageThe law is its own language

Here you will have an understanding of Here you will have an understanding of current legal issues in the area of current legal issues in the area of employer/employee relations. This employer/employee relations. This examination includes coverage of such examination includes coverage of such issues as selection, discrimination, issues as selection, discrimination, privacy, and termination in addition to privacy, and termination in addition to federal rules and legislation related to federal rules and legislation related to employment. employment. 

How Will You Be Graded?How Will You Be Graded?

SEMINARS 4 POINTS EACH

DISCUSSION BOARD 16 POINTS EACH

UNIT 1 ASSIGNMENT 30 POINTS

UNIT 3 ASSIGNMENT 50 POINTS

UNIT 5 ASSIGNMENT 120 POINTS

UNIT 7 ASSIGNMENT 120 POINTS

UNIT 8 ASSIGNMENT 190 POINTS

UNIT 9 ASSIGNMENT 190 POINTS

QUIZZES 30 POINTS EACH

FINAL EXAM ESSAY 90 POINTS

FINAL EXAM 150 POINTS

Grading RubricsGrading Rubrics

We use rubrics to assist us with grading We use rubrics to assist us with grading your discussion board contributions and your discussion board contributions and your written work.your written work.

These are located in the syllabus. Please These are located in the syllabus. Please review them and let me know if you have review them and let me know if you have any questions about them.any questions about them.

Online LibraryOnline Library

Should you need additional material, you Should you need additional material, you are welcome to use the online libraryare welcome to use the online library

You can access the library from your desk You can access the library from your desk page. After clicking on the library tab, click page. After clicking on the library tab, click on “electronic articles” and then on Lexis on “electronic articles” and then on Lexis Nexis.Nexis.

Academic Success CenterAcademic Success Center

Take advantage of the Take advantage of the free academic support free academic support servicesservices available through the Kaplan University available through the Kaplan University Academic Success Center, including:Academic Success Center, including:

Writing Center Writing Center

Math Center Math Center

Paper Critiques Paper Critiques

Online subject-matter references and tutorials Online subject-matter references and tutorials

Live online tutoring Live online tutoring

Any Questions?Any Questions?

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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

OfferAcceptanceConsideration

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 email to 100 people offering the opportunity to work at the event.

Pattie Sue answers the email 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 = FactsIssueRuleAnalysisConclusion