HRMN 408: Employment Law for Business

HRMN 408 Week 1: Employment Law for Business

Instructions: Please answer using your own words in a minimum of 300, maximum 400 words PER QUESTION(Unless otherwise noted) SINGLE spaced. Referenced with a minimum two (2) of the resources provided. Follow APA Manual 6th or 7th editions scholarly writing guidelines. When writing replies, please provide your experiences, new ideas, and new literature on the topic to enhance the learning opportunity.

DQ.1.1: Equal Opportunity and Interviewing & HR Professional Code of Ethics

Provide an example of a two interview questions that definitely should not be asked by a potential employer of a potential employee in a job interview. Explain why each question should not be asked why.

*Resources to get you started.

https://www.youtube.com/watch?time_continue=2&v=52bkRxlJwtc&feature=emb_logo

https://udayton.edu/hr/_resources/documents/staffing/Interview_Questions.pdf

Discuss what is important to HR professionals as it relates to the SHRM Code of Ethics. What does the concept of professional responsibility mean to you?

*Resources to get you started.

https://www.shrm.org/about-shrm/pages/code-of-ethics.aspx

DQ.1.2: Overtime/on Call

Situation: A disaster recovery business responds to calls from [potential] clients who have had a “disaster” damage their home – for example, a pipe burst and caused a flood, or the cat knocked over a halogen lamp causing fire damage in the living room, or a hurricane has broken a window and damaged a room. Business has picked up and this small, 2-person company decides to hire a new employee. This new employee will staff an office from 9-5 M-F and take calls 24/7 from people who have had a disaster. The new employee will keep track of invoices, billing, payments, etc. The new employee would need to carry a mobile phone and answer calls that could arise 24 hours a day / 7 days a week. Your friends know you’ve taken an employment law course and ask you for help.

Draft a memo setting forth the legal responsibilities (if any) towards this person.

1. Discuss in detail, in relation to both federal and a specific state law, if the company has to pay the new employee by the hour for each hour they carry the mobile phone?

2. What does being “on call 24/7” really mean?

3. What can or cannot the new employee do while on call 24/7?

Support your conclusions in 1-3 with federal and specific state law.

*Resources to get you started.

https://www.youtube.com/watch?v=433lJppe7Z0&feature=emb_logo

http://www.washlaw.edu/uslaw/

https://www.dol.gov/agencies/whd/fact-sheets/53-healthcare-hours-worked

https://hrdailyadvisor.blr.com/2012/03/14/know-the-rules-for-on-call-workers/

DQ.1.3: Fair Labor Standards Act (FLSA)

Discuss what is important for HR professionals to know about the Fair Labor Standards Act (FLSA).

a. There is much discussion about the federal minimum wage which is currently at $7.25 per hour (effective July 24, 2009). Many states also have minimum wage laws. What would you consider is a fair minimum wage and what is your rationale from an HR perspective?

b. Discuss the differences between exempt and non-exempt employee? How does overtime compensation impact this designation?

*Resources to get you started.

https://www.dol.gov/agencies/whd/flsa

DQ.1.4: Harassment in the Workplace

This morning the Boss entered your office and told you that he wanted you to prepare a termination for an employee, John. He said that he just found out that John was previously Jane and that this knowledge ate at the core of his religious beliefs and he would not tolerate such aberrant behavior in his organization. As the HR Leader, what would you tell your Boss regarding this matter? And by the way, your Boss is the CEO of the Church of Natural Theolog’s Medical Clinic and John is a Licensed Nurse Practitioner for the Clinic and a lay minister in the Church.

*I have attached video that goes with this question – “HR Video”

DQ 1.5: Discrimination based on BFOQ & Business Necessity

BFOQ’s and “business necessity” sometimes serve as exceptions to the rule that you cannot discriminate in employment decisions.

• Briefly discuss the difference between BFOQ and Business Necessity defenses.
• Locate one real life case from a court or other tribunal where a BFOQ argument carried the day–or did not. Summarize the case. Do you agree or not with the decision? Why or why not?
• Locate one real life case where the argument “business necessity” carried the day – or did not. Summarize the case. Do you agree or not with the decision? Why or why not?

*Resources to get you started.

https://www.youtube.com/watch?v=LEb7tUySdkY&feature=emb_logo

https://legaldictionary.net/bona-fide-occupational-qualification/

https://scholarship.law.edu/cgi/viewcontent.cgi?article=2259&context=lawreview

https://www.nolo.com/legal-encyclopedia/fighting-race-national-origin-discrimination-29672.html

https://www.nolo.com/legal-encyclopedia/reasonable-accommodation-religious-beliefs.html