Exam (elaborations)

Instructor solution manual for employment law for business 10th edition Dawn Bennett-Alexander

0 purchase

Course
Employment Law for Business, 10th Edition

Institution
Employment Law For Business, 10th Edition

Book
Employment Law for Business

Instructor solution manual for employment law for business 10th edition Dawn Bennett-AlexanderInstructor solution manual for employment law for business 10th edition Dawn Bennett-AlexanderInstructor solution manual for employment law for business 10th edition Dawn Bennett-AlexanderInstructor soluti...

[Show more]

Preview 4 out of 32 pages

View example

Uploaded on October 31, 2024
Number of pages 32
Written in 2024/2025
Type Exam (elaborations)
Contains Questions & answers

manual for employment
law for business
instructor solution manual for employment law for
dawn bennett alexanderinstructor

Institution Employment Law for Business, 10th Edition
Course Employment Law for Business, 10th Edition

STUVATE Member since 1 year 459 documents sold

$12.99

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

SolutionManual
l

EmploymentLawforBusiness,10thEdition,
l l l l l

DawnBennett-Alexander,Chapters1-16
l l l l l

,TABLE OF CONTENTS ll ll

Chapter 1 The Regulation of Employment
l l l l l

Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal
l l ll ll ll ll ll l l ll l l l ll

Concepts
l

Chapter 3 Title VII of the Civil Rights Act of 1964
ll ll ll ll l ll l ll ll l

Chapter 4 LegalConstructionof the Employment Environment Chapter 5 Affirmative
l ll l l l l l l l l l

ll Action

Chapter 6 Race and Color Discrimination Chapter
l l ll l l l l

7 NationalOriginDiscrimination Chapter8
l l l l l l l

GenderDiscrimination Chapter 9 Sexual
l l ll l l l l

Harassment
l

Chapter 10 SexualOrientationand Gender IdentityDiscrimination Chapter11
l l l l l ll l l l l

ReligiousDiscrimination
l l

Chapter 12 Age Discrimination Chapter13
l l l l l l

DisabilityDiscrimination
l l

Chapter 14 The Employee’s Right to Privacy and Management of Personal
l l ll ll l ll l l ll l

Information

Chapter 15 Labor Law 857
l ll ll ll

Chapter 16 Selected Employment Benefits and Protections
l l l l l l

Chapter 1 ll

, The Regulation of Employment ll ll ll

ChapterObjective l

The student is introduced to the regulatory environment of the employment relationship. The
ll ll ll l ll ll ll ll ll ll ll l

l chapter examines whether regulation is actually necessary or beneficial or if, perhaps, the
l ll ll ll ll ll ll ll ll ll ll ll l

relationshipwould farebetter with less governmentalintervention. Theconcepts of ―freedom‖ to
l l l l l l l l l l l l l l

l contract in the regulatory employment environment and non-compete agreements are discussed.
l l ll l l ll ll ll ll ll l

l Since the regulations and case law discussed in this text rely on an individual‘s classification as
l ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll

an employer or an employee, those definitions are delineated and explored.
ll l l ll ll ll ll ll ll ll ll ll

LearningObjectives l

(Click on the icon following the learning objective to be linked to the location in the outlinewhere the
ll l ll ll ll ll ll ll ll ll l ll ll ll ll ll l

chapter addresses that particular objective.)
ll l l ll l ll

At the conclusion of this chapter, the students should be able to:
ll ll ll ll ll ll ll ll ll ll ll

1. Describe the balance between the freedom to contract and the current regulatory l ll ll ll l ll ll ll ll ll ll

environment for employment. l l ll l ll

2. Identify who is subject to which employment laws and understand the implication of eachof ll ll ll ll ll ll ll ll ll ll ll ll l

these laws for both the employer and employee.
l l ll ll l ll ll ll ll ll

3. Delineate the risks to the employer caused by employee misclassification. l ll ll ll ll ll ll l l ll

4. Explain the difference between and employee and an independent contractor and the tests ll ll ll ll ll ll ll ll ll ll l ll

that help us in that determination.
l l ll ll ll ll ll ll

5. Articulate the various ways in which the concept ―employer‖ is defined bythe various ll ll ll ll ll l ll ll ll l l l l

employment-relatedregulations.
l l l ll

6. Describethe permissible parameters of non-compete agreements. l l ll l l ll ll

DetailedChapter Outline l l

Scenarios—Points for Discussion l ll

, Scenario One: This scenario offers an opportunity to review the distinctions between an employee
ll l ll ll ll l ll ll ll l l l l l

andan independentcontractor discussed in thechapter(see―The Definitionof Employee,‖
l l l l l l l l l l l l l l

particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it applies to Dalia‘s position.
l ll ll ll ll ll ll ll ll ll ll ll l l ll

In light of the low level of control that Dalia had over her fees and her work process, and the limits
ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll l l ll ll ll

upon her choice of clients, students should come to the conclusion that Dalia is an employee
ll ll ll ll ll ll ll ll ll ll ll ll l l ll ll ll

(therefore, eligible to file an unemployment claim), rather than an independentcontractor.
ll ll ll ll ll ll ll ll ll ll l l l

Scenario Two: Soraya would not have a cause of action that would be recognized bythe EEOC.
ll ll ll ll ll ll ll ll ll ll ll l ll ll l ll

lReview the section ―The Definitionof‗Employer‘‖with students,anddiscussthe rationalethat
l l l l l l l l l l l l l l

ldetermines the status of a supervisor vis-à-vis anti-discrimination legislation. Because Soraya is
l ll ll ll ll ll ll ll ll ll ll ll

l Soraya‘s supervisor, not her employer, he cannot be the target of an EEOC claim of sexual
l ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll

harassment.
l l

CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or failedto
ll ll ll ll ll ll ll l ll ll ll ll ll ll ll

lfollow a system for employee redress of discrimination grievances. However, in this case, CCC
l ll ll ll ll ll l ll ll ll l ll ll ll

lappears to have a viable anti-discrimination policy that it adhered to diligently; consequently,
l ll ll ll ll ll ll ll ll ll ll ll ll

Soraya would be unlikely to win a decision in her favor. The court in Williams v. Banning (1995)
ll l l ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll

offered the following rationale for its decision in a similar case:
ll ll l l ll ll ll ll ll ll l ll

―Shehasanemployerwhowassensitiveandresponsivetohercomplaint.Shecantake l l l l l l l l l l l l l l

comfort in the knowledge that she continues to work for this company, while her harasser
l l ll ll ll ll ll ll ll ll ll ll ll ll ll ll

does not and that the company's prompt action is likely to discourage other would be
l l ll ll ll ll ll l ll ll ll ll ll ll ll ll

harassers. This is precisely the result Title VII was meant to achieve.‖
l l ll ll ll ll ll ll ll ll ll ll ll

Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely tobe
ll ll ll ll ll l ll l l ll ll ll ll

lfound reasonable by a court, and elaborate the aspects of the agreement that Mya might contest as
l ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll

unreasonable (seesection below, ―CovenantsNot toCompete‖). Does Mya have a persuasive
l l l l l l l l l l ll l l l

largument that the terms of her non-compete agreement are unreasonable in scope or duration?
l ll ll ll ll ll ll ll ll ll ll ll ll ll

Might she have grounds to claim that the agreement prohibits her from making a living?
ll ll ll ll ll ll ll ll l ll ll ll ll ll

Given the diversity of state laws regulating non-compete agreements, discuss the range of legal
ll ll ll ll ll ll ll ll l ll ll ll ll

l restrictions that might apply to Mya‘s particular agreement with her employer. As an
l ll ll ll ll ll ll ll ll ll ll ll ll

employeewho works across several states, Mya‘s defense may depend upon the presence—and
ll l l ll ll ll ll ll ll ll ll ll ll

specific language—of a forum selection clause in her non-compete agreement. Consider what
ll l l ll ll ll ll ll ll ll ll l ll

language would be more likely to provide Nan with a strong defense against the breach of contract
ll l l ll ll ll ll ll ll ll ll l ll ll ll ll ll ll

claim.
ll

Mya might also argue that the company‘s client list is available through public means, and
ll ll ll ll ll ll ll ll ll ll ll ll ll ll

ltherefore, her access to this list should not be prohibited.
l ll ll ll ll ll ll ll ll ll

General Lecture Note for Employment Law Course ll ll ll ll ll ll

In order to teach this course, instructors have found that students must be made to feel relatively
ll ll ll ll ll ll l ll l ll l ll ll ll ll ll

l comfortable with their peers. Instructors will be asking the students to be honest and to stay in
l ll ll ll ll ll ll ll ll ll l ll ll ll ll ll ll

l their truth, even at times when they feel that their opinion on one of these matters will not be
l ll ll ll ll ll ll l ll ll ll ll ll ll ll ll ll ll ll

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller STUVATE. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $12.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67479 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling

Seller

Exam (elaborations) ·

Exam (elaborations)

Instructor solution manual for employment law for business 10th edition Dawn Bennett-Alexander

Document information

Subjects

Connected book

More summaries for

Written for