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
• Chapter 12: Benefits
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.
Overview: This week’s assignment forum focuses on the fringe benefits provided by an employer’s compensation plan. This is the fifth assignment forum related to your final project.
Your Unit 5 assignment forum is based on the Whitley vs BP, P.L.C. case study found in Chapter 12 of your textbook. The case involved a denial of benefits. At issue was the legality of a stock-drop suit directly in light of the Supreme Court’s recently stated requirements for such cases. The appellate court ultimately found the stockholders’ amended complaint as insufficient, and the district court erred in granting the stockholders’ motion to amend. You will explore the facts leading up to a decision in this case and evaluate the importance of this ruling to human resources practice and your role as a human resources practitioner.
Instructions: As the Human Resource Manager at GreenTech Ltd., you are ready to prepare your next report. You will review, assess, and analyze a topic, event, or case, and based on your findings, you will share a written report with your supervisor, the Chief Human Resources Officer (CHRO). Your report will summarize the topic, event, or case and will include a recommendation for improving HR practice at your company. (Remember you are addressing this report to your supervisor the Chief Human Resources Officer (CHRO).
Read the Whitley vs BP, P.L.C. case study found in Chapter 12 of your textbook readings this week.
Based on your review of the case study, consider the following: The appellate court ultimately found the stockholders’ amended complaint as insufficient, and the district court erred in granting the stockholders’ motion to amend. Consider the determining factors that led to this conclusion. In responding to this topic, be sure to consider any types of pension plans the court referenced in their ruling. Benefits such as pension plans and healthcare plans are commonly leveraged to attract HRM341 – Employment Law Unit 5 Assignment Forum and retain top talent. Evaluate how the role of benefits as a compensation strategy impacts your practice as a Human Resources Manager.
Based on your review of the case study, address the role of benefits, in particular retirement benefits, in hiring practices in general and what the employer’s mandatory or discretionary obligations are regarding the structure of those benefits.
• Summarize the law or legal principle involved. (This can generally be done in one paragraph.)
• Summarize the case or event. Share the important facts and highlights that are important from a Human Resources practice perspective. (This can generally be done with one or two short paragraphs.)
• Explain why the facts and highlights you chose were important for the practice of HR.
• List at least five ways this case or event might impact the practice of HR. (This is a brainstorming activity. A bulleted list is fine for this.)
• Identify which of the five items is most important to HR. Provide an assessment and analysis of that item, along with one directly related specific recommendation for the HR team. The recommendation must be actionable, must be explained, and must be supported with evidence from your readings and research.
(Keep in mind generic statements, broad ideas, unsupported personal opinions, and merely repeating what is in this assignment descriiption do not satisfy the assignment requirements.)
This assignment is your opportunity to demonstrate your understanding of the law or legal principles based on the case or event reviewed as it relates to the practice of HR. This assignment is also your opportunity to demonstrate your critical thinking and analytical skills by using the case or event as a catalyst to explore how HR practices can be improved. The goal of this assignment is not to do as much writing as possible but to do as much focused and thoughtful idea-sharing as possible.
Make sure you use evidence and support for each section of your response. The ideal assignment will include the following:
• Response to Part 1 (with citations linked to a reference)
• Response to Part 2 (with citations linked to a reference)
• Conclusion (with citations linked to a reference)
• References (with a minimum of three references)
• Submit your assignment in the text box of the designated Unit Assignment Forum. APA format is not required for any assignment forum submission. However, all assignments should be well-organized and include an introduction and conclusion.
• Support your answers with evidence from at least three resources (text, readings, research, etc.) using citations and references.
• The required length of your entire response is approximately four to five paragraphs (summary, evaluation, comparison, opinion).