Walsh, D. J. (2019). Employment law for human resource practice (6th edition). Cengage Learning.
Our readings this week will focus on pay and benefits. We will start learning about the Fair Labor Standards Act (FLSA) and the principal federal statute regulating wages and hours.
Chapter 11 also discusses the Equal Pay Act and other laws bearing on wages, hours, and pay equity. We will then move on to the Employee Retirement Income Security Act (ERISA), the principal federal law regulating benefit plans.
Your Chapter 12 readings will conclude by reviewing laws specifically regulating group health insurance plans, as well as the application of general antidiscrimination statutes to benefit plans.
• Chapter 11: Wages, Hours, and Pay Equity
Articles, Websites, and Videos:
The authors of this article discuss the Department of Labor’s highly anticipated final rule updating the minimum salary thresholds for employees to qualify for the Fair Labor Standard Act’s executive, administrative, and professional employee exemptions. (3 pages)
• Traub, A. J., & Grant, A. C. (2020). The DOL’S final overtime rule increasing minimum salary threshold for FLSA exemptions is now in effect. Employee Relations Law Journal, 45(4), 23–25.
This article highlights the factors that contributed to the increase in litigation under the Employee Retirement Income Security Act of 1974 in the U.S. Topics mentioned include the growth in class action in the retirement plan, the complexity in the delivery of health care and systems of payment, and the increase in the number of lawsuits against retiree health benefit. (4 pages)
• Martin, C. C., & Amert, A. S. (2020). The rising tide of ERISA litigation. Employee Relations Law Journal, 46(1), 73–76.
This video does a great job of explaining the four types of group health insurance plans. (3mins, 26secs)
Health Insurance Types 2020 | The 4 Types of Health Insurance
User: BriteBee – Added: 9/23/19
“Understanding Equal Pay Act”, This video highlights two very important concepts to understand regarding the Equal Pay Act. (4mins, 26sec)
Understanding Equal Pay Act
User: Arkady Itkin – Added: 5/7/17
This paper discusses Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964, their treatment in the courts in cases with college faculty plaintiffs, and what issues these cases raise for faculty and universities. Finally, the paper examines how the case law might be used to shape policies that better protect both faculty and universities. (29 pages)
• Delvin, N. (2018). Faculty Title VII and Equal Pay Act Cases in the Twenty-First Century. Journal of College & University Law, 44(1), 96–124.
Kellar v. Summit Seating case study focuses on the FLSA requirements regarding compensable time. In this case, In Kellar v. Summit Seating, the court must decide whether an employee was entitled to be paid for pre-shift work of which the employer claimed to be unaware. After reading this case study found in Chapter 11 of your textbook, address the following:
1. List the legal issue in this case
2. List the facts of this case.
3. Present an evaluation of the facts of this case based on the concept of compensable vs non-compensable work time found in Chapter 11 of the text.
Evidence is an integral part of academic writing and critical thinking. When crafting your responses, please be sure to use the textbook and resources, as well as any outside research you might conduct, to support your statements.