Employment Law II

Book for reference is

Walsh, D. J. (2013). Employment law for human resource practice (4th ed.). Mason, OH: South-Western.

Question 1

Read Wal-Mart v. Dukes 2011 U.S. Lexis 4567. From the information in Justice Scalia’s opinion, answer the following questions: Do you agree with the decision/holding of the Court? Why, or why not? What could the plaintiffs have done differently to have a better chance at getting their class action certified? How would this have impacted employers (not just Wal-Mart) if the class action had been allowed to proceed?

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

Question 2

Should an employer be allowed to automatically deduct a meal break period from an employee as a standard payroll deduction, or should the employee first actually take the break before such a deduction occurs?

Did the 6th circuit court in Frye v. Baptist Memorial Hospital get it wrong? Explain your response. To find the case, you can Google it, or visit the following link: http://www.ca6.uscourts.gov/opinions.pdf/12a0926n-06.pdf

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

Question 3

“Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off.” In regard to the FLSA and compensable time, explain the legal rationale for having such a policy in place. Why is ignoring those behaviors a dangerous policy?

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

Question 4

Would you suggest that a company offer domestic partner benefits? What implication to employers would occur, if any, with the repeal of the Defense of Marriage Act (DOMA), the text of which can be found here: http://www.govtrack.us/congress/bills/104/hr3396/text/rh? Justify your answer using legal and business arguments, minimizing emotional arguments.

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

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