On January 19- I sent an announcement about the different types of law.pdf

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On January 19, I sent an announcement about the different types of laws affecting HR in the US. As a reminder, at the federal level (which we are concerned about in this course) there are the following types of laws: Federal laws - laws that are passed by both houses of Congress that are applicable in all 50 states and US territories. Executive order - law passed by order of the President. Executive orders on employment matters most often affect federal employees only (which is why we didn't include them in the activity). Many times, executive orders are used as a "motivation" for the passage of federal laws. Statutory laws - interpretation of federal law developed by federal agencies, like the EEOC. Rules, that have the same power as the law itself, are created through the power the federal government has invested in the agency. This is also known as agency law. Judicial law - interpretation of federal law by judges, including the Supreme Court. It is impossible for the "letter of the law" to be all inclusive when it is passed by Congress, so courts are used to define and interpret intent. An excellent recent example is the recent ruling by the Supreme Court that gender protection under Title VII of the Civil Rights Act of 1964 includes protection for sexual preference and gender identity. The bad thing about textbooks, especially those in law, is that they are practically out of date as soon as they are published. The Walsh book is no exception. So much has happened in the world of HR law since it was published, and that is what made me create this assignment. YOUR ASSIGNMENT Your task is to pick a topic from the chapter 9 from Walsh, D.J. (2019). Employment Law for Human Resource Practice , and do a legal update for it. Specifically, I want you to look for changes in the law since January 2021 for the 4 areas listed above. For judicial law, focus on the federal district courts and higher. In your submission, indicate the changes that have occurred to law at each level. Be specific, include exact laws, executive orders and/or cases. Be sure to include citations in your submission. I strongly recommend that you use the DOL, EEOC and SHRM websites to help focus your search..

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15 INTRODUCTION TO AMERICAN LEGAL SYSTEM INTRODUCTION You likely have a basic understanding of how our legal system works from current events reported in the news, and perhaps even from a civics course you took in high school or college. At the risk of revisiting material with which you are already familiar, this chapter begins by summarizing some core points about our legal system that will serve as a foundation for your work as a lawyer. The importance of this background information will become clearer to you as the chapter and exercises unfold, when you will be asked to apply your knowledge of our legal system to better understand its specifi c relevance to you as a lawyer. A. Two Basic Court Systems Before you begin reading about the sources of law in our court system, you might fi nd it helpful to have some context that directly applies to your life as a law student. Consider for a moment your decision to attend orientation classes at your new law school. The fi rst decision you had to make when you arrived for orientation (assuming this was your fi rst visit to your new law school) was to make sure you found the right building in your university. Knowing that you were to appear for an orientation meeting in Room 201, for example, wouldn’t help you at all if you ended up in the school of arts and sciences instead of the law school building. The law school and school of arts and sciences are two very different schools in two very different buildings — while classes are taught in each building and some of the room numbers might be the same, the classes themselves are different and are centered around two different disciplines. I 2 16 Legal Reasoning, Writing, and Other Lawyering Skills Ch. 2 Similarly, as a law student and ultimately as a lawyer, you will likewise need to identify “where you are” in terms of the legal issues you will be researching and evaluating. There are two basic court systems in our country — federal and state. The federal court system has its own set of laws and courts, and each state also has its own unique set of laws and courts. Like your law school and the school of arts and sciences, both federal and state legal systems operate simul- taneously and pretty much independently. When a client asks you for legal advice, one of the fi rst things you will need to do is fi gure out which court system and set of laws controls your client’s actions. Some conduct is governed solely by the state court legal system, while other conduct is governed solely by the federal court legal system. And there are also some instances in which both federal and state laws apply. So, for example, if your client lived in Chicago, Illinois and had a legal issue that arose there, you would fi rst need to consider whether federal laws or Illinois state laws governed the client’s conduct — or both. Assuming the legal matter happened to involve litigation, that information would also denote the typ.

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Chapter 3 The Legal Environment Equal Employment Opportunity and Safety Copyright © 2016 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 3 presents an overview of the U.S. legal system, noting the different legislative bodies, regulatory agencies, and judicial bodies that determine the legality of certain HRM practices. It discusses the major laws and executive orders that govern these practices. The legal environment, particularly the laws affecting the management of people, is one of several environmental factors affect an organization’s HRM function. Managers often want a list of “dos and don’ts” that will keep them out of legal trouble. They rely on rules such as “Don’t ever ask a female applicant if she is married” without understanding the “why” behind these rules. Clearly, certain practices are illegal or inadvisable, and this chapter will provide valuable tips for avoiding discrimination lawsuits. However, such lists are not compatible with a strategic approach to HRM and are simply mechanical reactions to the situations. Our goal is to provide an understanding of how the legislative, regulatory, and judicial systems work to define equal employment opportunity law to be better prepared to manage people within the limits imposed by the legal system. Doing so effectively is a source of competitive advantage. Doing so ineffectively results in competitive disadvantage. Rather than viewing the legal system as a constraint, firms that embrace the concept of diversity can often find that they are able to leverage the differences among people as a tremendous competitive tool. Learning Objectives LO 3-1 Identify the three branches of government and the role each plays influencing the legal environment of human resource management. LO 3-2 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. LO 3-3 Discuss the roles, responsibilities, and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. LO 3-4 Identify the three theories of discrimination under Title VII of the Civil Rights Act and apply these theories to different discrimination situations. LO 3-5 Identify behavior that constitutes sexual harassment, and list things that an organization can do to eliminate or minimize it. LO 3-6 Discuss the legal issues involved with preferential treatment programs. LO 3-7 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act. 2 Copyright © 2016 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. First we’ll review an overview of the U.S. legal system, noting the different legislative bodies, regulatory agencies, and judicial bodies that determine the lega.

Chapter 3 The Legal Environment Equal Employment Op.docx

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Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.

Introduction To Business Law

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The U.S. Constitution and the Bill of Rights The U.S. Constitution is divided into seven separate articles, which are numbered using the Roman numerals I–VII. Each article has sections that define and clarify the article. The Constitution is approximately 4300 words in length. Each article outlines a basic function of government. Let's learn what these articles state. When the U.S. Constitution was finalized, it was signed and sent to the states for ratification. The ratification process required 9 of the 13 states to agree to ratification before the U.S. Constitution was official. As a compromise with the antifederalists, the Bill of Right was conceived to allay their fears and to buy support for the ratification. After lengthy discussions among the states, in 1789, the Bill of Rights was added to the Constitution as the first ten amendments, which aimed at protecting the rights of the citizens of the newly formed United States of America. Today we cannot imagine the Constitution without the Bill of Rights. However, the original Constitution did not have the Bill of Rights until it was amended. Let's learn about the Bill of Rights. The last amendment (Twenty-Seventh Amendment, limiting congressional pay increases) to the U.S. Constitution was ratified in 1992. Ratification occurs after three-fourths of the states vote for the amendment. Congressional Outputs and Committee Work Both the U.S. House of Representatives and the U.S. Senate has many committees and subcommittees. It is often stated that the real work of Congress is done in committee. This is where bills are initially assigned, debated, and amended. A bill can remain in committee and never emerge. Passing through a committee is a rite of passage for bills that become law. The main responsibilities of these committees are related to legislation, but there are other committees that have other outputs. Let's learn about the different types of congressional committees. Legislation that reaches the U.S. House or the U.S. Senate is referred to a committee, depending on congressional law and procedures. It can go to the standing committee or a subcommittee, where the initial work is done on the legislation. After the hearings are complete, the bill undergoes a markup (or changes that have occurred to the bill as a result of the work of the subcommittee). If the bill is accepted by the subcommittee, it goes to the standing committee for a vote or further hearings. If ultimately passed by both houses of Congress the bill must be reconciled between the U.S. House and the U.S. Senate so that both legislative bodies pass exactly the same bill. The U.S. Court System The judicial branch of the U.S. government was created by Article III of the U.S. Constitution. At the time of the signing of the Constitution, there was no federal court system and the states had control over the loosely interpreted rule of law. The shaping of the judiciary was left to Congress, which decided the number of justice.

The U.S. Constitution and the Bill of RightsThe U.S. Constitutio.docx

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The National Labor Relations Board is divided into two distinct parts. The General Counsel, appoinfed by the President to a 4-year term, is independent from the Board and is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. The General Counsel is responsible for determining the priorities and making decisions on which cases to prosecute. The Board has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year. The party in power (meaning the party of the current president) gets to have the majority of the seats on the Board. Currently, there are 3 Democratic members and 2 Republican members. Think of the General Counsel as the prosecutor and the Board as the judge(s). The Board's job is to determine whether there is a violation of the National Labor Relations Act (Act). In class so far, we have discussed in general terms what the Act says, and the Board decides what the Act means. For example, the Act says it is unlawful for an employer to discriminate against an employee for engaging in Union activity, and the Board's job is to review specific facts to determine whether the General Counsel can prove that what happened in a particular case violated the law. The Board reviews the facts in a specific case and writes a decision in which it sets out the facts and its decision on whether in those circumstances the Act was violated. As I noted above, the members of the Board are appointed based on their political party. The decisions issued by the Board tend to favor the political party of the majority of the members on the Board. This means that when there is a shift in the party in power, there is then a shift in the leanings of the Board's decisions. As a result, the Board has been known to frequently overrule the decisions of a previous Board that was dominated by the other political party - what used to be legal suddenly becomes illegal and vice versa. Some issues have gone back and forth multiple times over the years. This can be very confusing for employers, unions, and employees. When a new General Counsel is sworn in, they usually set forth priorities for their term in office. The idea is to target cases that favored the opposite party's opinion and present a case in the hopes that the Board When a new General Counsel is sworn in, they usually set forth priorities for their term in office. The idea is to target cases that favored the opposite party's opinion and present a case in the hopes that the Board will overtum the previous Board's decision and change the law. This is done by asking the Regional Offices to identify cases that are being investigated where the same issue is presented. Here's a quick example of the idea: L.

The National Labor Relations Board is divided into two distinct parts-.docx

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Chapter Five Constitutional PrinciplesThe Constitution The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later. federalism A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business. 1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances? Clue: Consider what might happen if one branch of government became too strong. 2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important? Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech? 3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution? Clue: If you were ignorant of the constitutional protections, how might your business suffer? In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.

Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docx

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Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docx

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Page 55 BUSINESS AND THE CONSTITUTION A federal statute and related regulations prohibited producers of beer from listing, on a product label, the alcohol content of the beer in the container on which the label appeared. The regulation existed because the U.S. government believed that if alcohol content could be disclosed on labels, certain producers of beer might begin marketing their brand as having a higher alcohol content than competing beers. The government was concerned that “strength wars” among producers could then develop, that consumers would seek out beers with higher alcohol content, and that adverse public health consequences would follow. Because it wished to include alcohol content information on container labels for its beers, Coors Brewing Co. filed suit against the United States government and asked the court to rule that the statute and regulations violated Coors's constitutional right to freedom of speech. Consider the following questions as you read Chapter 3: On which provision in the U.S. Constitution was Coors relying in its challenge of the statute and regulations? Does a corporation such as Coors possess the same constitutional right to freedom of speech possessed by an individual human being, or does the government have greater latitude to restrict the content of a corporation's speech? The alcohol content disclosures that Coors wished to make with regard to its product would be classified as commercial speech. Does commercial speech receive the same degree of constitutional protection that political or other noncommercial speech receives? Which party—Coors or the federal government—won the case, and why? Do producers and other sellers of alcoholic beverages have, in connection with the sale of their products, special ethical obligations that sellers of other products might not have? If so, what are those obligations and why do they exist? LEARNING OBJECTIVES After studying this chapter, you should be able to: 1 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. 2 Explain the key role of the U.S. Constitution's Commerce Clause in authorizing action by Congress. 3 Describe the incorporation doctrine's role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions. 4 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny, intermediate scrutiny, and rational basis). 5 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Page 56 6 Explain the difference between procedural due process and substantive due process. 7 Identify the instances when an Equal Protection Clause–based challenge to government a.

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