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f f f f f f f f f f
solutionManual f
EmploymentLawforBusiness,10thEdition,
f f f f f f
DawnBennett-Alexander,Chapters1-16
f f f f f
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f f f f f f f f f f
TABLEOFCONTENTS f f
Chapter 1 The Regulation of Employment
f f f f f
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law
f f f f f f f f f f and
Recurring LegalConcepts
f f f
Chapter 3 Title VII of the Civil Rights Act of 1964
f f f f f f f f f f
Chapter 4 Legal Construction of the Employment Environment Chapter 5 Affirmative
f f f f f f f f f f
f Action
Chapter6 Race and ColorDiscrimination
f f f f f
Chapter 7 National Origin Discrimination
f f f f f
Chapter8 Gender Discrimination Chapter9
f f f f f
f SexualHarassment
f
Chapter10 SexualOrientationandGender IdentityDiscrimination Chapter11
f f f f f f f f f
Religious Discrimination
f f
Chapter 12 Age Discrimination Chapter13
f f f f f
DisabilityDiscrimination
f f
Chapter 14 The Employee’s Right to Privacy and Management of Personal Information
f f f f f f f f f f f
Chapter 15 Labor Law 857 f f f f
Chapter 16 Selected Employment Benefits and Protections
f f f f f f
Chapter 1 f
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The Regulation of Employment f f f
Chapter Objective f
The student is introduced to the regulatory environment of the employment relationship.The
f f f f f f f f f f f f
chapter examines whether regulation is actually necessary or beneficial or if,
f f f f f f f f f f
perhaps, the relationshipwouldfarebetterwith lessgovernmentalintervention.The
f f f f f f f f f f
concepts of ―freedom‖ to
f contract in the regulatory employment environment and non-
f f f f f f f f f f
compete agreements are discussed. Since the regulations and case law discussed in this
f f f f f f f f f f f f
text rely on an individual‘s classification as an employer or an employee, those
f f f f f f f f f f f f
definitions are delineated and explored.
f f f f f
Learning Objectives f
(Click on the icon following the learning objective to be linked to the location in the
f f f f f f f f f f f f f f f
outlinewhere the chapter addresses that particular objective.)
f f f f f f
At the conclusion of this chapter, the students should be able to:
f f f f f f f f f f f
1. Describe the balance between the freedom to contract and the current f f f f f f f f f f
regulatory environment foremployment.
f f f f
2. Identify who is subject to which employment laws and understand the implication of
f f f f f f f f f f f f
eachof these laws for both the employer and employee.
f f f f f f f f f
3. Delineate the risks to the employer caused by employee misclassification. f f f f f f f f f f
4. Explain the difference between and employee and an independent contractor andthe
f f f f f f f f f f f
tests that help us in that determination.
f f f f f f f
5. Articulate the various ways in which the concept ―employer‖ is defined bythe f f f f f f f f f f f f
various employment-relatedregulations.
f f f
6. Describe the permissible parameters of non-compete agreements. f f f f f f f
Detailed Chapter Outline f f
Scenarios—Points for Discussion f f
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Scenario One: This scenario offers an opportunity to review the distinctions between an
f f f f f f f f f f f f
employee and an independent contractor discussed in the chapter (see ―The Definition of
f f f f f f f f f f f f f
Employee,‖ particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it
f f f f f f f f f f f
applies to Dalia‘s position. In light of the low level of control that Dalia had over her fees
f f f f f f f f f f f f f f f f
fand her work process, and the limits upon her choice of clients, students shouldcome to the
f f f f f f f f f f f f f f f f
fconclusion that Dalia is an employee (therefore, eligible to file an f f f f f f f f f
funemployment claim), rather than an independent contractor. f f f f f
Scenario Two: Soraya would not have a cause of action that would be recognized by the f f f f f f f f f f f f f f f
fEEOC. Review the section―The Definitionof‗Employer‘‖ with students,anddiscussthe f f f f f f f f f f f
rationale that
f determines the status of a supervisor vis-à-vis anti-discrimination f f f f f f f f
legislation. Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the
f f f f f f f f f f f f
target of an EEOC claim of sexual harassment.
f f f f f f f
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or
f f f f f f f f f f f f f f
failedto follow a system for employee redress of discrimination grievances. However, inthis
f f f f f f f f f f f f
fcase, CCC appears to have a viable anti-discrimination policy that it adhered to
f f f f f f f f f f f
diligently; consequently, Soraya would be unlikely to win a decision in her favor. The court
f f f f f f f f f f f f f f
in Williams v. Banning (1995) offered the
f f following rationale for its decision in a f f f f f f f f f f f
similar case:
f f
―She has an employer who was sensitive and responsive to her complaint. She can take
f f f f f f f f f f f f f f
comfort in the knowledge that she continues to work for this company, whileher
f f f f f f f f f f f f f f
harasser does not and that the company's prompt action is likely to
f f f f f f f f f f f
discourage other would be harassers. This is precisely the result Title VII was
f f f f f f f f f f f f
meant to achieve.‖ f f f
Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely tobe
f f f f f f f f f f f f f
found reasonable by a court, and elaborate the aspects of the agreement that Mya f f f f f f f f f f f f f
fmight contest as unreasonable (seesection below, ―CovenantsNottoCompete‖).
f f f f f f f f f
Does Mya have a persuasive argument that the terms of her non-compete agreement are
f f f f f f f f f f f f
unreasonable in scope or duration?
f f f f f
Might she have grounds to claim that the agreement prohibits her from making a living?
f f f f f f f f f f f f f f
Given the diversity of state laws regulating non-compete agreements, discuss the range of
f f f f f f f f f f f f
legal restrictions that might apply to Mya‘s particular agreement with her employer. Asan
f f f f f f f f f f f f f
femployeewho works across several states, Mya‘s defense may depend upon the f f f f f f f f f
presence—and specific language—of a forum selection clause in her non-compete
f f f f f f f f f
agreement. Consider what language would be more likely to provide Nan with a strong
f f f f f f f f f f f f f
defense against the breach of contract claim.
f f f f f f f
Mya might also argue that the company‘s client list is available through public means,and
f f f f f f f f f f f f f f
therefore, her access to this list should not be prohibited. f f f f f f f f f
General Lecture Note for Employment Law Course f f f f f f
In order to teach this course, instructors have found that students must be made to feel
f f f f f f f f f f f f f f f
frelatively comfortable with their peers. Instructors will be asking the students to be f f f f f f f f f f f
fhonest and to stay in their truth, even at times when they feel that their opinion on one
f f f f f f f f f f f f f f f f
fof these matters will not be
f f f f f
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Distribution of this document is illegal f f f f f extra per year? f f
f f f f f f f f f f
solutionManual f
EmploymentLawforBusiness,10thEdition,
f f f f f f
DawnBennett-Alexander,Chapters1-16
f f f f f
Downloaded by: Bookista |
f f f f Want to earn $1.236
f f f
Distribution of this document is illegal
f f f f f extra per year?
f f
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
f f f f f f f f f f
TABLEOFCONTENTS f f
Chapter 1 The Regulation of Employment
f f f f f
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law
f f f f f f f f f f and
Recurring LegalConcepts
f f f
Chapter 3 Title VII of the Civil Rights Act of 1964
f f f f f f f f f f
Chapter 4 Legal Construction of the Employment Environment Chapter 5 Affirmative
f f f f f f f f f f
f Action
Chapter6 Race and ColorDiscrimination
f f f f f
Chapter 7 National Origin Discrimination
f f f f f
Chapter8 Gender Discrimination Chapter9
f f f f f
f SexualHarassment
f
Chapter10 SexualOrientationandGender IdentityDiscrimination Chapter11
f f f f f f f f f
Religious Discrimination
f f
Chapter 12 Age Discrimination Chapter13
f f f f f
DisabilityDiscrimination
f f
Chapter 14 The Employee’s Right to Privacy and Management of Personal Information
f f f f f f f f f f f
Chapter 15 Labor Law 857 f f f f
Chapter 16 Selected Employment Benefits and Protections
f f f f f f
Chapter 1 f
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f f f
Distribution of this document is illegal f f f f f extra per year?
f f
, Stuvia.com - The Marketplace to Buy and Sell your Study Material f f f f f f f f f f
The Regulation of Employment f f f
Chapter Objective f
The student is introduced to the regulatory environment of the employment relationship.The
f f f f f f f f f f f f
chapter examines whether regulation is actually necessary or beneficial or if,
f f f f f f f f f f
perhaps, the relationshipwouldfarebetterwith lessgovernmentalintervention.The
f f f f f f f f f f
concepts of ―freedom‖ to
f contract in the regulatory employment environment and non-
f f f f f f f f f f
compete agreements are discussed. Since the regulations and case law discussed in this
f f f f f f f f f f f f
text rely on an individual‘s classification as an employer or an employee, those
f f f f f f f f f f f f
definitions are delineated and explored.
f f f f f
Learning Objectives f
(Click on the icon following the learning objective to be linked to the location in the
f f f f f f f f f f f f f f f
outlinewhere the chapter addresses that particular objective.)
f f f f f f
At the conclusion of this chapter, the students should be able to:
f f f f f f f f f f f
1. Describe the balance between the freedom to contract and the current f f f f f f f f f f
regulatory environment foremployment.
f f f f
2. Identify who is subject to which employment laws and understand the implication of
f f f f f f f f f f f f
eachof these laws for both the employer and employee.
f f f f f f f f f
3. Delineate the risks to the employer caused by employee misclassification. f f f f f f f f f f
4. Explain the difference between and employee and an independent contractor andthe
f f f f f f f f f f f
tests that help us in that determination.
f f f f f f f
5. Articulate the various ways in which the concept ―employer‖ is defined bythe f f f f f f f f f f f f
various employment-relatedregulations.
f f f
6. Describe the permissible parameters of non-compete agreements. f f f f f f f
Detailed Chapter Outline f f
Scenarios—Points for Discussion f f
Downloaded by: Bookista | f f f f Want to earn $1.236
f f f
Distribution of this document is illegal f f f f f extra per year?
f f
, Stuvia.com - The Marketplace to Buy and Sell your Study Material f f f f f f f f f f
Scenario One: This scenario offers an opportunity to review the distinctions between an
f f f f f f f f f f f f
employee and an independent contractor discussed in the chapter (see ―The Definition of
f f f f f f f f f f f f f
Employee,‖ particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it
f f f f f f f f f f f
applies to Dalia‘s position. In light of the low level of control that Dalia had over her fees
f f f f f f f f f f f f f f f f
fand her work process, and the limits upon her choice of clients, students shouldcome to the
f f f f f f f f f f f f f f f f
fconclusion that Dalia is an employee (therefore, eligible to file an f f f f f f f f f
funemployment claim), rather than an independent contractor. f f f f f
Scenario Two: Soraya would not have a cause of action that would be recognized by the f f f f f f f f f f f f f f f
fEEOC. Review the section―The Definitionof‗Employer‘‖ with students,anddiscussthe f f f f f f f f f f f
rationale that
f determines the status of a supervisor vis-à-vis anti-discrimination f f f f f f f f
legislation. Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the
f f f f f f f f f f f f
target of an EEOC claim of sexual harassment.
f f f f f f f
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or
f f f f f f f f f f f f f f
failedto follow a system for employee redress of discrimination grievances. However, inthis
f f f f f f f f f f f f
fcase, CCC appears to have a viable anti-discrimination policy that it adhered to
f f f f f f f f f f f
diligently; consequently, Soraya would be unlikely to win a decision in her favor. The court
f f f f f f f f f f f f f f
in Williams v. Banning (1995) offered the
f f following rationale for its decision in a f f f f f f f f f f f
similar case:
f f
―She has an employer who was sensitive and responsive to her complaint. She can take
f f f f f f f f f f f f f f
comfort in the knowledge that she continues to work for this company, whileher
f f f f f f f f f f f f f f
harasser does not and that the company's prompt action is likely to
f f f f f f f f f f f
discourage other would be harassers. This is precisely the result Title VII was
f f f f f f f f f f f f
meant to achieve.‖ f f f
Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely tobe
f f f f f f f f f f f f f
found reasonable by a court, and elaborate the aspects of the agreement that Mya f f f f f f f f f f f f f
fmight contest as unreasonable (seesection below, ―CovenantsNottoCompete‖).
f f f f f f f f f
Does Mya have a persuasive argument that the terms of her non-compete agreement are
f f f f f f f f f f f f
unreasonable in scope or duration?
f f f f f
Might she have grounds to claim that the agreement prohibits her from making a living?
f f f f f f f f f f f f f f
Given the diversity of state laws regulating non-compete agreements, discuss the range of
f f f f f f f f f f f f
legal restrictions that might apply to Mya‘s particular agreement with her employer. Asan
f f f f f f f f f f f f f
femployeewho works across several states, Mya‘s defense may depend upon the f f f f f f f f f
presence—and specific language—of a forum selection clause in her non-compete
f f f f f f f f f
agreement. Consider what language would be more likely to provide Nan with a strong
f f f f f f f f f f f f f
defense against the breach of contract claim.
f f f f f f f
Mya might also argue that the company‘s client list is available through public means,and
f f f f f f f f f f f f f f
therefore, her access to this list should not be prohibited. f f f f f f f f f
General Lecture Note for Employment Law Course f f f f f f
In order to teach this course, instructors have found that students must be made to feel
f f f f f f f f f f f f f f f
frelatively comfortable with their peers. Instructors will be asking the students to be f f f f f f f f f f f
fhonest and to stay in their truth, even at times when they feel that their opinion on one
f f f f f f f f f f f f f f f f
fof these matters will not be
f f f f f
Downloaded by: Bookista | f f f f Want to earn $1.236 f f f
Distribution of this document is illegal f f f f f extra per year? f f
