Employment Law: Human Resource Legal Issues

Transcription

1 Employment Law: Human Resource Legal Issues MNGT Credits Course Syllabus Spring 2016 Instructor Information Name: Miebeth Bustillo-Booth, MBA, MPA, MA Phone: ext 5993 Class Time: MWF, 1:00-2:25 PM Room: CAS-529 Office / Hours: CAS-349 / MWF, 10:00-11:00 AM (by appointment) Text Select echapters will be assigned from the following book and noted in Canvas Modules. Cihon, P. and Castagnera J. O. (2014). Employment and Labor Law, 9E. Cengage Learning, Boston, MA. (ISBN: ) To purchase echapters ($11.99/each), go to torefront&messagetype=clheadersearch&fieldvalue= NOTE: You may buy or rent the entire book if you wish. However, you are required to purchase and read only select echapters, which will cost significantly less. Other text and articles as required by the instructor. Please check Canvas Modules for details. Other Required Materials Device (computer, tablet, phone) with Internet access, Microsoft Word, Excel and PowerPoint. Catalog Description Overview of major common employment-related laws, workplace legal issues, statutory, and regulatory concepts governing the employment relationship, and development of skills supporting legal actions pertaining to that relationship. Learning Outcomes 1. Common-law employment. Using common law concepts, be able to explain: a. under what circumstances employment relationships begin b. the torts most often accompanying those relationships, and c. how those relationships typically terminate under both tort and contract law. 1 P a g e

2 2. Employment law regulators. Identify the major federal and state administrative agencies regulating employment, delineating: a. their authority to regulate employment, b. the processes they use in performing those regulatory functions, and c. the offices and officials within those agencies who interact with outside entities in order to resolve employment-related matters. 3. Conditions of employment. Review major federal and state statutes and regulations of conditions of employment as applied by the courts regarding: a. discrimination based on a variety of cultural traits, such as gender, age, race, religion, national origin, and ability, and including sexual harassment and affirmative action b. safety, including payment to workers for job-related injuries, and c. compensation and public policy issues, such as overtime and child labor. 4. Labor-management relationship. Examine major federal and state statutes, together with related regulations, as applied by the courts to the labor-management relationship, including the establishment and operation of unions and the negotiation and administration of collectively bargained agreements. 5. Employee safety nets. Explain and analyze significant federal and state statutes and related regulations as applied by the courts to certain benefits (unemployment, workers compensation, social security, and retirement plans). 6. Documentation. Demonstrate, relative to initiating, maintaining, and defending against legal actions pertaining to employment matters, the ability to: a. gather and organize relevant, reliable information, and b. prepare the forms typically required. 7. Ethical behavior. Exercise and role model positive ethical behavior. 8. Personal responsibility and accountability. Demonstrate personal responsibility and accountability by attending class, actively participating, and meeting time commitments. Grading Policy Grades for this course will be based on the following rubric-graded elements. Each element and their respective rubric will detail expectations and rating points. All will be posted in Canvas Modules. Graded Elements # Pts/Unit Pts Total % Class Participation Qtr % Discussion Board (Canvas) % Homework % Case Briefs / Presentations % Quizzes (Canvas) % Culminating Project / Final % Attendance (absence: -10, tardy: -2) % Total % 2 P a g e

3 The course grade is determined on the basis of 1000 points and the following scale. Our target average grade for the class is between GPA (B). Graded Elements Grade Percentage Decimal A 90%-100% B 80%- 89% C 70%- 79% D 60%- 69% F under 60% 0.0 Class participation. Learning is an active exercise. It requires your participation. There are many ways to participate (in small or large groups, oral, written, etc.). I will be looking at the quality of your contribution, in what ways you stretched yourself regularly, and how you helped your classmates meet learning outcomes. Participation points earn anywhere between 5 8 points per class session (30 class sessions in a quarter). Discussion (Canvas). To reinforce learning outcomes and challenge your thinking, I will post weekly discussion prompts on Canvas and serve as moderator. This online forum is a safe, respectful, and robust place to share your thinking. As much as 5% of your grade will depend on your participation. For some, 5% may not seem like a lot. It is, nevertheless, what can determine a C+ or a B-; a failing grade or a passing one. Every little bit counts; and, this is an easy one to get under your belt. Participate! Homework. You will be required to read and view videos. You may also be required to find articles or videos that are relevant to the class topic. You will then submit a summary of the required materials or answer questions on Canvas. I will provide rubrics and examples to guide the quality of your work. Case Briefs / Presentations. Cases can be very complex. In order to understand and analyze legal decisions, it is necessary to break them down into facts, procedural history, underlying issue, decision, and other important observations and reasoning. You will prepare five (5) case briefs and/or presentations, which will help you sift through the facts of the case and identify the legal principles upon which the case rests. If you have done five cases, you may elect to do a 6 th case to replace the lowest grade in one of the five previous cases. Rubrics to guide your work will be provided. Quizzes. There are weekly quizzes, most of which are on Canvas. They will measure content mastery. You may take them any time after they are made available and up to their due date, but you must complete each within the allotted time once you start. Culminating project / final. By the 8 th week of this course, you will have gained the pieces necessary to assemble a meaningful and substantive work product. We will then spend the remaining part of the quarter assembling the parts into a project you can be proud of, possibly include in a work portfolio, and present as a powerful professional artifact in job interviews. Alternatively, I may provide (depending on the progress of the class) a final exam in lieu of a culminating project. I will provide more details about your options as the class progresses. As before, I will provide rubrics to guide the development of your project and how it will be assessed for a grade. Attendance and absences. This is a grounded class where in-person class activities are central to learning. An absence will be penalized 10 points per day. A tardy will be penalized 2 points per late attendance in class. 3 P a g e

4 Written Assignment Requirements 1. College-level writing. All your written products need to be organized, clear, meet content criteria as per assignment specifications, and checked for proper grammar, spelling, and syntax. As a former English teacher, I understand that writing is a process. No one is born a writer and it takes a lot of practice to become proficient. Please, use the Pierce College Writing Center to review your work if necessary. Where appropriate, I will provide samples of the kind and quality of writing I expect. 2. Word processing. All assignments must be word-processed, 12 pt. font (Times New Roman, Calibri, or Palatino Linotype), single- or double-spaced (depending on the assignment), and saved as a PDF. Unless otherwise noted, handwritten assignments will not be accepted. 3. Information required on all assignments. Include the following on the top left-hand corner of all written assignments (1-2 points deduction if not followed): Full Name Date Assignment Title MNGT Employment Law, Spring 2016 Class Policies & Expectations 1. Attendance and punctuality. To be successful in business, you need to show up and show up on time. I expect the same here. Absence, tardiness, and late submissions are penalized (absence = -10, tardy = -2, late submission = 25% of total possible/day up to 2 days). Please note that when you are absent, you also lose class participation points and other class activity points for that day. Also, quizzes are timed and must be completed within timeframe. 2. Personal accountability. You are responsible for your own actions and inactions. Follow through, own up, and move on. If you miss class, get the materials from Canvas and seek the help of your peers (preferably in advance of an absence), do the work, and turn it in. 3. Active and thoughtful participation. My goal is for you to gain skills and knowledge to become a competitive and valuable professional in this subject area. As your guide, I will do all I can to make sure that you receive thoughtful, relevant, and engaging lessons. In return, I expect you to participate actively, thoughtfully, and respectfully. Studies show that by doing so, not only will you learn more, your peers will benefit from your contribution. Do the class a favor and let others in on what you are thinking! 4. Honesty and integrity. Student misconduct, including academic dishonesty (cheating and plagiarism) will not be tolerated and will be penalized with course failure and/or dismissal as described in the Pierce College Student Handbook. Do your own work, give credit where it is due, and you ll be fine. 5. Accommodation. If you need course adaptations or accommodations because of a disability, if you have emergency medical information to share or if you need special arrangements, please let me know during the first week of class. Please register with the Disability Support Services (DSS) Office. You may also call them to make an appointment at (253) or Grow by doing. American author Napoleon Hill once said, Strength and growth come only through continuous effort and struggle. Few make it in the world without due perspiration 4 P a g e

5 literally and figuratively. I expect you to stretch your mind and self by working through the challenges presented to you in this class. I am available by appointment if you need help. Classroom Etiquette Please help create an environment where learning is respectful, productive, and enjoyable. Your grade depends on it. Cellphones. Unless directed otherwise for the purpose of class participation, turn off your cellphone and put it away out of sight for the class period. Points (amount at my discretion) will be deducted from your participation grade for disruptions. Emergency. If an emergency call is expected, you must let me know before class. Punctual and respectful. Be on time. Do not enter and exit while class is in progress unless there is an emergency (e.g. illness), as class will be disrupted. Late arrivals are penalized 2 points. Points add up! Timely work submission. Turn in assignments and other graded elements on time. Be attentive and no side conversations. In order for the class to pay attention to discussions and presentations, do not hold side conversations or interrupt others. Respectful and thoughtful disagreements. Disagreements are normal. To facilitate a productive exchange of ideas and greater understanding, please disagree without being disagreeable. (What I hear you saying is., is that right? (Shows you are interested in what is being said.) I have a different point of view I d like to share. (Shows you want to engage in a productive exchange. My only pets are fish. Teamwork On occasion, you will work in groups. In order to be successful in teams, it is important to be clear about roles, the nature of the work, who will be doing what, how parts come together, how decisions are made, how to be accountable, among others. These are not necessarily easy to sift through. Teamwork skills are developmental in nature. That is, they take time, practice, reflection, and continuous improvement to master. To help you be successful, I will provide a teamwork guide on Canvas. Social Media Network Policy To maintain the integrity of the relationship between instructor and students as well as to objectively implement the policies of Pierce College, I will not be accepting personal Facebook friend requests from students. However, I do welcome LinkedIn connections or Tweeter follows as these networking and information sharing forums lend themselves to professional interactions. Inclement Weather From time to time Pierce College will close due to inclement weather. When this happens, the instructor may assign additional work to be completed out of class or during a subsequent class session. When a student misses a class for any reason, unless the class is canceled by Pierce College, the student will be considered absent and accountable for all academic work required by the instructor on 5 P a g e

6 the date(s) the work is due unless alternative arrangements are made with the instructor in advance of the student s anticipated absence. Emergency Procedures for Classrooms Call 911 and then Campus Safety in response to an imminent threat to persons or property. In the event of an evacuation (intermittent horns and strobes), gather all personal belongings and leave the building using the nearest available safe exit. Be prepared to be outside for one hour and stay a minimum of 200 feet from any building or structure. So long as it is safe to do so, students are expected to stay on campus and return to class after evacuations that last less than 15 minutes. Do not attempt to re-enter the building until instructed by an Evacuation Director (identified by orange vests) or by three horn blasts or bell rings. Please notify the nearest Campus Safety Officer or Evacuation Director of any one left in the building or in need of assistance. Fort Steilacoom Campus Safety (253) Sexual Harassment Policy The Pierce College district supports the dignity and worth of each member of its community and is committed to maintaining an environment free from discrimination, including sexual harassment. This commitment applies to all levels and areas of district operations and programs, to students, faculty, staff, and all other personnel, and is intended to ensure that all employees are provided equitable opportunities to realize their goals and to function effectively within the Pierce College environment. Sexual harassment, whether verbal, physical or environmental, is unacceptable, prohibited by law and will not be tolerated. Retaliation against employees, students, or others reporting sexual harassment is prohibited. Violators of this policy shall be subject to appropriate sanctions. Sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual s employment or education program. Submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that individual. Such recurring conduct has the purpose or effect of unreasonably interfering with an individual s work performance or educational experience, or creates an intimidating, hostile, or offensive work or educational environment. Students who wish to report possible sexually harassing conduct should contact the office of the Vice President of Learning and Student Success at either college. Accommodations Your experience in this class is important to me, and it is the policy and practice of Pierce College to create inclusive and accessible learning environments consistent with federal and state law. If you experience barriers based on disability, please seek a meeting with the Access and Disability Services (ADS) manager to discuss and address them. If you have already established accommodations with the ADS manager, please bring your approved accommodations (green sheet) to me at your earliest convenience so we can discuss your needs in this course. ADS offers resources and coordinates reasonable accommodations for students with disabilities. Reasonable accommodations are established through an interactive process between you and the ADS manager, and I am available to help facilitate them in this class. If you have not yet established services 6 P a g e

7 through ADS, but have a temporary or permanent disability that requires accommodations (this can include but not be limited to; mental health, attention-related, learning, vision, hearing, physical or health impacts), you are encouraged to contact ADS at (Fort Steilacoom) or (Puyallup). Addendums All handouts, rubrics, and other grading criteria are considered addendums to the syllabus. CHANGE NOTICE The instructor reserves the right to update, modify or otherwise change this syllabus to adapt to changing class conditions, optimize learning, and accommodate special circumstances. If so, an announcement will be made on Canvas and repeated in class. 7 P a g e