MANA 4320.001 (2020 Spring)
Exam #1 (Page 1 of 8)
Welcome to the first examination for Employment Law (MANA 4320.001)!
The exam is due at https://uta.instructure.com/courses/45489/assignments/556649 no
later than 9:30am on ThursdayTuesday, February 18, 2020. A student’s grade on this
examination will be reduced by 5% for every twelve hours that the exam is late (e.g.,
minus 5% if submitted by 9:30pm on 2/18, minus 10% [total] if submitted by 9:30am on
2/19, minus 15% [total] if submitted by 9:30pm on 2/19, etc.).
Please submit the examination in a .docx file using the template provided at
https://uta.instructure.com/courses/45489/assignments/556649.
This examination is setup in Canvas for anonymous grading. Please do not put your name
or any other identifying information in your exam submissions. There is a place in the
header of the response template for you to put your UTA ID number.
Your analyses of the case and the creation of your written submission should be your
own independent work. However, this is a take-home exam. So, a little more clarity
might be needed…
I think these types of behaviors are perfectly acceptable:
• The use of any and all non-human resources (e.g., printed materials, hypertext and
hypermedia materials, audio recordings, video records, works of art, etc.) –
assuming that direct quotations are identified and cited and assuming that any big
ideas from sources other than your own original analysis are cited. You may use
any of the standard citation systems that you like, as long as it’s one of these: APA,
MLA, Chicago, Turabian, Bluebook, Harvard, McGill, ALWD, Tanbook,
Greenbook, Maroonbook, OSCOLA, AAA, or APSA – either in-text or in
footnotes.
• Using the services of the UTA Writing Center – provided that you disclose that
you are working on an examination and you provide the tutor with a complete copy
of this exam document.
https://uta.instructure.com/courses/45489/assignments/556649
https://uta.instructure.com/courses/45489/assignments/556649
http://www.uta.edu/owl/
MANA 4320.001 (2020 Spring)
Exam #1 (Page 2 of 8)
• Receiving assistance in finding sources from a university librarian – provided that
you disclose that you are working on an examination and you provide the librarian
with a complete copy of this exam document.
• Receiving technical assistance from the UTA OIT Help Desk, Canvas Support,
or/and Nexis Uni Support.
• Sharing non-human resources (e.g., printed materials, hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.) with other students in
the class.
• Receiving non-human resources (e.g., printed materials, hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.) from other students in
the class.
• Discussing the exam’s content with other students in the class.
Here are the relative weights of the exam components:
Component Percent
Issu.
Removal Strategy _ FEFO _ Working with Perishable Products in Odoo 17
MANA 4320.001 (2020 Spring) Exam #1 (Page 1 of 8) Welc.docx
1. MANA 4320.001 (2020 Spring)
Exam #1 (Page 1 of 8)
Welcome to the first examination for Employment Law (MANA
4320.001)!
The exam is due at
https://uta.instructure.com/courses/45489/assignments/556649
no
later than 9:30am on ThursdayTuesday, February 18, 2020. A
student’s grade on this
examination will be reduced by 5% for every twelve hours that
the exam is late (e.g.,
minus 5% if submitted by 9:30pm on 2/18, minus 10% [total] if
submitted by 9:30am on
2/19, minus 15% [total] if submitted by 9:30pm on 2/19, etc.).
Please submit the examination in a .docx file using the template
provided at
https://uta.instructure.com/courses/45489/assignments/556649.
This examination is setup in Canvas for anonymous grading.
Please do not put your name
or any other identifying information in your exam submissions.
There is a place in the
header of the response template for you to put your UTA ID
number.
2. Your analyses of the case and the creation of your written
submission should be your
own independent work. However, this is a take-home exam. So,
a little more clarity
might be needed…
I think these types of behaviors are perfectly acceptable:
• The use of any and all non-human resources (e.g., printed
materials, hypertext and
hypermedia materials, audio recordings, video records, works of
art, etc.) –
assuming that direct quotations are identified and cited and
assuming that any big
ideas from sources other than your own original analysis are
cited. You may use
any of the standard citation systems that you like, as long as it’s
one of these: APA,
MLA, Chicago, Turabian, Bluebook, Harvard, McGill, ALWD,
Tanbook,
Greenbook, Maroonbook, OSCOLA, AAA, or APSA – either in-
text or in
footnotes.
• Using the services of the UTA Writing Center – provided that
you disclose that
you are working on an examination and you provide the tutor
with a complete copy
of this exam document.
3. https://uta.instructure.com/courses/45489/assignments/556649
https://uta.instructure.com/courses/45489/assignments/556649
http://www.uta.edu/owl/
MANA 4320.001 (2020 Spring)
Exam #1 (Page 2 of 8)
• Receiving assistance in finding sources from a university
librarian – provided that
you disclose that you are working on an examination and you
provide the librarian
with a complete copy of this exam document.
• Receiving technical assistance from the UTA OIT Help Desk,
Canvas Support,
or/and Nexis Uni Support.
• Sharing non-human resources (e.g., printed materials,
hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.)
with other students in
the class.
• Receiving non-human resources (e.g., printed materials,
hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.)
from other students in
the class.
• Discussing the exam’s content with other students in the class.
4. Here are the relative weights of the exam components:
Component Percent
Issue 15 %
Rule 25 %
Application 50 %
Conclusion 5 %
See the University’s statements on Academic Integrity,
Acknowledging Sources, and the
UTA Library’s Tutorial on Plagiarism.
Once class adjourns on February 11, 2020, Graca will not
communicate with anyone with
respect to any aspect of the exam until 8:00am on February 20,
2020.
Good luck!
https://oit.uta.edu/support/
https://cases.canvaslms.com/liveagentchat?chattype=student
https://www.lexisnexis.com/en-us/support/nexis-
uni/default.page
https://www.uta.edu/conduct/academic-integrity/index.php
https://library.uta.edu/plagiarism/
https://libguides.uta.edu/researchprocess/plagiarism
5. MANA 4320.001 (2020 Spring)
Exam #1 (Page 3 of 8)
The Case of Crawford Creative Consulting1
Dr. Wayne Stanley Crawford has been an Assistant Professor of
Management at the
University of Texas at Arlington since July 1, 2015. He was
hired in 2015 based primarily
on his enormous potential for success as a social-science
researcher and human resource
management teacher – as evidenced by his existing body of
work at the time.
Like most professors in the UTA College of Business,
Crawford’s primary duties are 1)
conducting original and applied research, 2) teaching
undergraduate and graduate
management courses, and 3) service to the university, the
profession, and the broader
community. Crawford’s bona fides are described in some detail
at
https://mentis.uta.edu/explore/profile/wayne-crawford. In short:
1) His research is
considered ground-breaking. 2) His teaching is considered
excellent (so good in fact that
one semester his teaching scores were almost as good as
Graca’s).2 3) And his service is
highly valued by both his colleagues and the College
administration.
6. On Friday, November 1, 2019, Dr. Crawford was called into a
2:00pm meeting in the office
of Dr. Greg Frazier, Associate Dean of the UTA College of
Business. Crawford was
somewhat nervous that he was going to get in trouble for his
expletive-laden H/R metrics
rant in MANA 5329 on Monday, October 28, 2019. (A student
had captured the diatribe
on mobile-phone video and posted it to YouTube, but the video
has subsequently been
removed for violating YouTube’s terms of use.) Crawford
became even more anxious
when he entered Frazier’s office to find that the Management
department chair Dr. George
Benson and the Dean of the College of Business Harry
Dombrowski were also present.
And being a scholar of human resource management, Crawford
knew what often happened
at surprise Friday-afternoon meetings…
As Dr. Crawford was mentally planning his defense, Dr. Frazier
began speaking. Frazier
explained that the University of Texas System Board of Regents
had voted the preceding
evening to award Crawford academic tenure with the
University. For a couple reasons,
Crawford assumed that Frazier was joking; the reasons were: 1)
Crawford’s humility, and
1 While some of the characters in this case are based closely on
real people, the operative facts are
7. entirely fictional.
2 Wow!
https://mentis.uta.edu/explore/profile/wayne-crawford
MANA 4320.001 (2020 Spring)
Exam #1 (Page 4 of 8)
2) the fact that he hadn’t even applied for tenure. So, while the
three administrators began
their congratulating and back-slapping, Crawford could only
wonder what their game was.
After seeing the signed and sealed letter from the Chancellor of
the UT System, Crawford
finally realized that they were on the level – that he had
actually received tenure!
Over the next few days, a number of colleagues from around the
College had called and
texted Crawford to offer their congratulations, but all of their
calls and texts went
unanswered. (This was very out-of-character; Crawford
religiously responded to all
communications from colleagues on the same day and usually
within the same hour.)
Dr. Crawford limped into the office at 4:45pm on Monday,
November 4, 2019, wearing
gray sweat pants, a black “FBI: Female Body Inspector” t-shirt,
very dark sunglasses, and
8. carrying two banana bags (one connected to his left arm
intravenously). When Graca heard
Crawford’s door open, he immediately made his way down from
COBA-231 to COBA-
212.
After congratulating Crawford, Graca went on to opine how
wonderful it is that Crawford
would now be able to do the kind of research that he really
wanted to do (and would be
able to more actively engage with the administration of the
Management department’s
graduate program) without the tenure-earning clock ticking in
the back in the back of his
brain. Crawford’s haze cleared a little bit, and he got a big
smile on his face. After a bit of
a pause, Crawford responded: “Mute that noise, son! Now it’s
time for Daddy to make
some coin.” Graca was taken somewhat aback – mostly because
Crawford was now
apparently referring to himself as “Daddy.”
Crawford went on to explain that he would no longer be
devoting every single waking
moment to his aggressive, critically important, already ground-
breaking, and potentially
paradigm-shifting research agenda (as he had done for the past
five years). Instead, he
would begin taking full advantage of UT System Regents’ Rule
30104: Conflict of Interest,
Conflict of Commitment, and Outside Activities. (The rule
permits UTA faculty members
9. to engage in outside work for pay under certain circumstances
and with certain limitations.)
Specifically, Crawford planned to launch a consulting firm that
would take out-sourced
work primarily in the area of human resource business analytics
from local firms.
https://www.utsystem.edu/board-of-regents/rules/30104-
conflict-of-interest-conflict-of-commitment-and-outside-
activities
https://www.utsystem.edu/board-of-regents/rules/30104-
conflict-of-interest-conflict-of-commitment-and-outside-
activities
MANA 4320.001 (2020 Spring)
Exam #1 (Page 5 of 8)
Crawford’s initial estimate is that he could work on his
consulting business about ten hours
each week and could charge about $1,000.00 per hour for his
services. This would allow
him to gross an addition $500,000.00 each year (in addition to
his UTA salary).
After getting some basic legal advice, Crawford decided that a
Texas Limited-Liability
Company would be the best business organization for him. And
“Crawford Creative
Consulting, LLC” (“CCC”) was born. But after analyzing his
expected margin and tax
liabilities, Crawford opined to Graca, “That’s still chump-
change, Yo! There’s got to be
10. some way for me to quintuple that…” And eventually his
scheme was hatched:
Despite everything he says in class, to prospective clients, to
his spouse whenever she’s
contemplating leaving him, to his daughter every night in lieu
of a typical bed-time story,
and to anyone else who’ll listen (and even some who won’t),
Crawford knows in his heart
that human resource business analytics is really just a mere
shell game. You see, all that
really happens in the H/R analytics “black box” is that the
consultant: 1) gets a data set
from a firm in a particular format, 2) runs it through
(university-owned) software that spits
it out in a different format, 3) makes some pretty graphs, and
finally 4) plagiarizes an
“executive summary.” According to Crawford, “any monkey
could do it.” And that became
the rub! Crawford would train some “monkeys” (as he calls
them) (upper-class UTA
undergraduates and UTA graduate students) to do the work. In
this way: by hiring four
“intern-analysts,” Crawford could indeed nearly quintuple
CCC’s productivity and (more
importantly) nearly quintuple his profit.
Now to find “the monkeys.” Dr. Crawford created a “job
description” and “job
specification,” and posted his “internship” in the Handshake
database, a service of the UTA
Lockheed Martin Career Development Center. (By “created,” I
11. mean that he mostly cut-
and-pasted something from O*NET.) A copy of the posting is
included in Appendix B.
You’ll note that Dr. Crawford considers the interns to be
“independent contractors.” He
did this because he wants to avoid having to pay half of the
social security tax…
Because the response to Dr. Crawford’s posting was so
overwhelming (over 600
applicants), he wanted to use a simple (and free) assessment to
shrink his pool some. So,
he used a ten-key speed typing test. He then interviewed the ten
highest-scoring applicants
https://www.uta.edu/careers/employers/handshake/index.php
https://www.uta.edu/careers/
https://www.onetonline.org/
https://onlinetyping.org/10-key-typing-test/10-key.php
MANA 4320.001 (2020 Spring)
Exam #1 (Page 6 of 8)
and selected the four from whom he seemed to get the best
“vibe.” Each of the selected
four had a different motivation for wanting the internship:
1) Mariana was a 4.0 UTA senior Management & Information
Systems & Statistics
triple-major. Mariana wanted to attend graduate school in the
UTA Management
12. department after graduation, and she thought the internship
would give her a leg-up
in understanding business research methodologies. And it
wasn’t lost on Mariana
that Dr. Crawford was also the chair of the Management
department graduate studies
committee, or that he could use his influence to ensure her
admission to the graduate
program and a sweet financial aid package.
2) Ned was a 3.2 UTA senior Management & Marketing double-
major. He really only
cared about human resource management, and he was a self-
described “H/R nerd.”
He only added the Marketing major because UTA still doesn’t
have a BBA in human
resource management and never offers its upper-level
management electives at
convenient times (with the exception of MANA 4320 –
“Employment Law” – of
course). Ned wanted to get an entry-level job as a human
resources generalist after
graduation, and he thought he could use the internship to satisfy
the “experience”
requirements of the entry-level H/R professional certifications
and to generally make
himself more marketable on the entry-level H/R market.
3) Omar was a 2.25 UTA Real Estate major. He had actually
applied for the internship
by mistake. But he went ahead and took the ten-key test anyway
since he knew he
would crush it. Which he did! He had the highest score of all
600 test-takers – 25,000
13. KPM. And he and Dr. Crawford “totally vibed,” so he accepted
the internship.
4) Peaches was a graduate student in the Management
department. She liked the
analytics stuff well enough, but it was definitely not her
passion. Peaches was an
international student at UTA, and her particular visa did not
permit her to work for
pay – at all – while she was a student in the U.S. But she really
needed the money.
And she knew Dr. Crawford well enough to know that he wasn’t
a stickler for silly
things like I-9 forms. The bottom line is that she was just in it
for the money.
Prompt for QUESTION ONE (The Case of Crawford Creative
Consulting, LLC)
In eight hundred words or fewer, provide a thorough legal
analysis (preferably using the
suggested “IRAC” format) of the legal issue presented related to
the status of the four
interns as “employees” or not.
MANA 4320.001 (2020 Spring)
Exam #1 (Page 7 of 8)
Appendix B: Job Posting
14. Hiring Firm: Crawford Creative Consulting, LLC
Hiring Manager: Dr. Wayne Stanley Crawford, SPHR, SHRM-
SCP, B.A., M.B.A., Ph.D.
Position Title: Human Resource Management Consulting Intern-
Contractor
Start Date: Approximately January 6, 2020
Type: Part-Time (less than 20 hours per week)
Compensation: Negotiable Competitive Hourly Compensation
based upon Billable
Hours
FLSA Status: Not Applicable – Independent Contractor and
Intern
Work Schedule: Negotiable and by Tele-Commuting (Intern
must have her/his own
Windows-based PC that meets or exceeds the UTA College of
Engineering’s “Student Computer Recommendation.”)
Primary Responsibilities
Under Dr. Crawford’s direction:
• Synthesize human resource business intelligence and trend
data to support recommendations
for client action.
15. • Collect business intelligence data from client-provided data
and from available industry
reports, public information, field reports, and purchased
sources.
• Identify and analyze industry or geographic trends with human
resource management strategy
implications.
• Analyze technology trends to inform client human resource
management intelligence.
• Generate standard and custom reports summarizing human
resource management data for
review by Dr. Crawford, clients, and other stakeholders.
• Maintain or update human resource management
analytic/intelligence tools, databases,
dashboards, systems, or methods.
• Maintain library of model documents, templates, and other
reusable knowledge assets.
• Create business intelligence tools and systems, including
design of related databases,
spreadsheets, and deliverables.
• Conduct and coordinate tests to ensure that intelligence is
consistent with defined needs.
• Disseminate information regarding tools, reports, and
metadata enhancements.
https://www.uta.edu/engineering/current-students/student-
computer.php
MANA 4320.001 (2020 Spring)
16. Exam #1 (Page 8 of 8)
Required Knowledge
• English Language — Knowledge of the structure and content
of the English language
including the meaning and spelling of words, rules of
composition, and grammar.
• Administration and Management — Knowledge of business
and management principles
involved in strategic planning, resource allocation, human
resources modeling, leadership
technique, production methods, and coordination of people and
resources.
• Mathematics — Knowledge of arithmetic, algebra, geometry,
calculus, statistics, and their
applications.
• Economics and Accounting — Knowledge of economic and
accounting principles and
practices, the financial markets, banking and the analysis and
reporting of financial data.
• Communications and Media — Knowledge of media
production, communication, and
dissemination techniques and methods. This includes alternative
ways to inform and entertain
via written, oral, and visual media.
Required Skills
17. • Critical Thinking — Using logic and reasoning to identify the
strengths and weaknesses of
alternative solutions, conclusions or approaches to problems.
• Active Listening — Giving full attention to what other people
(especially Dr. Crawford) are
saying, taking time to understand the points being made, asking
questions as appropriate, and
not interrupting at inappropriate times.
• Reading Comprehension — Understanding written sentences
and paragraphs in work related
documents.
• Speaking — Talking to others to convey information
effectively.
• Judgment and Decision Making — Considering the relative
costs and benefits of potential
actions to choose the most appropriate one.
• Systems Analysis — Determining how a system should work
and how changes in conditions,
operations, and the environment will affect outcomes.
• Time Management — Managing one's own time and the time
of others.
• Writing — Communicating effectively in writing as
appropriate for the needs of the audience.
• Complex Problem Solving — Identifying complex problems
and reviewing related
information to develop and evaluate options and implement
solutions.
• Social Perceptiveness — Being aware of others' reactions and
understanding why they react
18. as they do.
• Systems Evaluation — Identifying measures or indicators of
system performance and the
actions needed to improve or correct performance, relative to
the goals of the system.
• Coordination — Adjusting actions in relation to others'
actions.
• Mathematics — Using mathematics to solve problems.
• Monitoring — Monitoring/Assessing performance of yourself,
other individuals, or
organizations to make improvements or take corrective action.
• Persuasion — Persuading others to change their minds or
behavior.
Welcome to the Mid-Term Examination for Employment Law
(MANA 4320.001)!
The exam is due at
https://uta.instructure.com/courses/18815/assignments/455977
no
later than 8:00am on Monday, November 11, 2019. A student’s
grade on this examination
will be reduced by 5% for every twelve hours that the exam is
late (e.g., minus 5% if
submitted by 8:00pm on 11/11, minus 10% [total] if submitted
by 8:00am on 11/12,
minus 15% [total] if submitted by 8:00pm on 11/12, etc.).
19. Please submit the examination in three separate .docx
documents using the templates
provided at
https://uta.instructure.com/courses/18815/assignments/455977.
This examination is setup in Canvas for anonymous grading.
Please do no put your name
or any other identifying information in your exam submissions.
There is a place in the
header of each response template for you to put your UTA ID
number.
Your analyses of these three cases and the creation of your
written submission should be
your own independent work. However, this is a take-home
exam. So, a little more clarity
might be needed…
I think these types of behaviors are perfectly acceptable:
• The use of any and all non-human resources (e.g., printed
materials, hypertext and
hypermedia materials, audio recordings, video records, works of
art, etc.) –
assuming that direct quotations are identified and cited and
assuming that any big
ideas from sources other than your own original analysis are
cited. You may use
any of the standard citation systems that you like, as long as it’s
one of these:
APA, MLA, Chicago, Turabian, Bluebook, Harvard, McGill,
ALWD, Tanbook,
20. Greenbook, Maroonbook, OSCOLA, AAA, or APSA – either in-
text or in
footnotes.
• Using the services of the UTA Writing Center – provided that
you disclose that
you are working on an examination and you provide the tutor
with a complete
copy of this exam document.
• Receiving assistance in finding sources from a university
librarian – provided that
you disclose that you are working on an examination and you
provide the librarian
with a complete copy of this exam document.
MANA 4320.001 Mid-Term Examination
2019 Fall (Page 1 of 19) TJG
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AM
https://uta.instructure.com/courses/18815/assignments/455977
https://uta.instructure.com/courses/18815/assignments/455977
http://www.uta.edu/owl/
• Receiving technical assistance from the UTA OIT Help Desk,
Canvas Support,
21. or/and Nexis Uni Support.
• Sharing non-human resources (e.g., printed materials,
hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.)
with other students
in the class.
• Receiving non-human resources (e.g., printed materials,
hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.)
from other students
in the class.
• Discussing the exam’s content with other students in the class.
Here are the relative weights of the exam components:
Question Component Percent
ONE
Issue 4 %
Rule 6 %
Application 20 %
Conclusion 4 %
TWO
Issue 4 %
Rule 6 %
22. Application 20 %
Conclusion 4 %
THREE
Issue 2 %
Rule 6 %
Application 20 %
Conclusion 4 %
See the University’s statements on Academic Integrity,
Acknowledging Sources, and the
UTA Library’s Tutorial on Plagiarism.
Once class adjourns on October 31, 2019, I will not
communicate with anyone with
respect to any aspect of the exam until 11:00am on November
12, 2019.
Good luck!
MANA 4320.001 Mid-Term Examination
2019 Fall (Page 2 of 19) TJG
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https://oit.uta.edu/support/
23. https://cases.canvaslms.com/liveagentchat?chattype=student
https://www.lexisnexis.com/en-us/support/nexis-
uni/default.page
https://www.uta.edu/conduct/academic-integrity/index.php
https://library.uta.edu/plagiarism/
https://libguides.uta.edu/researchprocess/plagiarism
QUESTION ONE and QUESTION TWO:
The Case of Crawford Creative Consulting1
Dr. Wayne Stanley Crawford has been an Assistant Professor of
Management at the
University of Texas at Arlington since July 1, 2015. He was
hired in 2015 based primarily
on his enormous potential for success as a social-science
researcher and human resource
management teacher – as evidenced by his existing body of
work at the time.
Like most professors in the UTA College of Business,
Crawford’s primary duties are 1)
conducting original and applied research, 2) teaching
undergraduate and graduate
management courses, and 3) service to the university, the
profession, and the broader
community. Crawford’s bona fides are described in some detail
at
https://mentis.uta.edu/explore/profile/wayne-crawford. In short:
1) His research is
considered ground-breaking. 2) His teaching is considered
excellent (so good in fact that
one semester his teaching scores were almost as good as
24. Graca’s).2 3) And his service is
highly valued by both his colleagues and the College
administration.
On Friday, November 1, 2019, Dr. Crawford was called into a
2:00pm meeting in the office
of Dr. Greg Frazier, Associate Dean of the UTA College of
Business. Crawford was
somewhat nervous that he was going to get in trouble for his
expletive-laden H/R metrics
rant in MANA 5329 on Monday, October 28, 2019. (A student
had captured the diatribe
on mobile-phone video and posted it to YouTube, but the video
has subsequently been
removed for violating YouTube’s terms of use.) Crawford
became even more anxious
when he entered Frazier’s office to find that the Management
department chair Dr. George
Benson and the Dean of the College of Business Harry
Dombrowski were also present.
And being a scholar of human resource management, Crawford
knew what often happened
at surprise Friday-afternoon meetings…
As Dr. Crawford was mentally planning his defense, Dr. Frazier
began speaking. Frazier
explained that the University of Texas System Board of Regents
had voted the preceding
evening to award Crawford academic tenure with the
University. For a couple reasons,
Crawford assumed that Frazier was joking; the reasons were: 1)
Crawford’s humility, and
2) the fact that he hadn’t even applied for tenure. So, while the
three administrators began
25. their congratulating and back-slapping, Crawford could only
wonder what their game was.
1 While some of the characters in this case are based closely on
real people, the operative facts are
entirely fictional.
2 Wow!
MANA 4320.001 Mid-Term Examination
2019 Fall (Page 3 of 19) TJG
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https://mentis.uta.edu/explore/profile/wayne-crawford
After seeing the signed and sealed letter from the Chancellor of
the UT System, Crawford
finally realized that they were on the level – that he had
actually received tenure!
Over the next few days, a number of colleagues from around the
College had called and
texted Crawford to offer their congratulations, but all of their
calls and texts went
unanswered. (This was very out-of-character; Crawford
religiously responded to all
communications from colleagues on the same day and usually
within the same hour.)
26. Dr. Crawford limped into the office at 4:45pm on Monday,
November 4, 2019, wearing
gray sweat pants, a black “FBI: Female Body Inspector” t-shirt,
very dark sunglasses, and
carrying two banana bags (one connected to his left arm
intravenously). When Graca heard
Crawford’s door open, he immediately made his way down from
COBA-231 to COBA-
212.
After congratulating Crawford, Graca went on to opine how
wonderful it is that Crawford
would now be able to do the kind of research that he really
wanted to do (and would be
able to more actively engage with the administration of the
Management department’s
graduate program) without the tenure-earning clock ticking in
the back in the back of his
brain. Crawford’s haze cleared a little bit, and he got a big
smile on his face. After a bit of
a pause, Crawford responded: “Mute that noise, son! Now it’s
time for Daddy to make
some coin.” Graca was taken somewhat aback – mostly because
Crawford was now
apparently referring to himself as “Daddy.”
Crawford went on to explain that he would no longer be
devoting every single waking
moment to his aggressive, critically important, already ground-
breaking, and potentially
paradigm-shifting research agenda (as he had done for the past
five years). Instead, he
would begin taking full advantage of UT System Regents’ Rule
30104: Conflict of Interest,
27. Conflict of Commitment, and Outside Activities. (The rule
permits UTA faculty members
to engage in outside work for pay under certain circumstances
and with certain limitations.)
Specifically, Crawford planned to launch a consulting firm that
would take out-sourced
work primarily in the area of human resource business analytics
from local firms.
Crawford’s initial estimate is that he could work on his
consulting business about ten hours
each week and could charge about $1,000.00 per hour for his
services. This would allow
him to gross an addition $500,000.00 each year (in addition to
his UTA salary).
After getting some basic legal advice, Crawford decided that a
Texas Limited-Liability
Company would be the best business organization for him. And
“Crawford Creative
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conflict-of-interest-conflict-of-commitment-and-outside-
activities
https://www.utsystem.edu/board-of-regents/rules/30104-
conflict-of-interest-conflict-of-commitment-and-outside-
activities
28. Consulting, LLC” (“CCC”) was born. (See Appendix A for
CCC’s Certificate of
Formation.) But after analyzing his expected margin and tax
liabilities, Crawford opined
to Graca, “That’s still chump-change, Yo! There’s got to be
some way for me to quintuple
that…” And eventually his scheme was hatched:
Despite everything he says in class, to prospective clients, to
his spouse whenever she’s
contemplating leaving him, to his daughter every night in lieu
of a typical bed-time story,
and to anyone else who’ll listen (and even some who won’t),
Crawford knows in his heart
that human resource business analytics is really just a mere
shell game. You see, all that
really happens in the H/R analytics “black box” is that the
consultant: 1) gets a data set
from a firm in a particular format, 2) runs it through
(university-owned) software that spits
it out in a different format, 3) makes some pretty graphs, and
finally 4) plagiarizes an
“executive summary.” According to Crawford, “any monkey
could do it.” And that became
the rub! Crawford would train some “monkeys” (as he calls
them) (upper-class UTA
undergraduates and UTA graduate students) to do the work. In
this way: by hiring four
“intern-analysts,” Crawford could indeed nearly quintuple
CCC’s productivity and (more
importantly) nearly quintuple his profit.
29. Now to find “the monkeys.” Dr. Crawford created a “job
description” and “job
specification,” and posted his “internship” in the Handshake
database, a service of the UTA
Lockheed Martin Career Development Center. (By “created,” I
mean that he mostly cut-
and-pasted something from O*NET.) A copy of the posting is
included in Appendix B.
You’ll note that Dr. Crawford considers the interns to be
“independent contractors.” He
did this because he wants to avoid having to pay half of the
social security tax…
Because the response to Dr. Crawford’s posting was so
overwhelming (over 600
applicants), he wanted to use a simple (and free) assessment to
shrink his pool some. So,
he used a ten-key speed typing test. He then interviewed the ten
highest-scoring applicants
and selected the four from whom he seemed to get the best
“vibe.” Each of the selected
four had a different motivation for wanting the internship:
1) Mariana was a 4.0 UTA senior Management & Information
Systems & Statistics
triple-major. Mariana wanted to attend graduate school in the
UTA Management
department after graduation, and she thought the internship
would give her a leg-up
in understanding business research methodologies. And it
wasn’t lost on Mariana
that Dr. Crawford was also the chair of the Management
department graduate studies
committee, or that he could use his influence to ensure her
30. admission to the graduate
program and a sweet financial aid package.
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https://www.uta.edu/careers/employers/handshake/index.php
https://www.uta.edu/careers/
https://www.onetonline.org/
https://onlinetyping.org/10-key-typing-test/10-key.php
2) Ned was a 3.2 UTA senior Management & Marketing double-
major. He really only
cared about human resource management, and he was a self-
described “H/R nerd.”
He only added the Marketing major because UTA still doesn’t
have a BBA in human
resource management and never offers its upper-level
management electives at
convenient times (with the exception of MANA 4320 –
“Employment Law” – of
course). Ned wanted to get an entry-level job as a human
resources generalist after
graduation, and he thought he could use the internship to satisfy
the “experience”
requirements of the entry-level H/R professional certifications
and to generally make
himself more marketable on the entry-level H/R market.
31. 3) Omar was a 2.25 UTA Real Estate major. He had actually
applied for the internship
by mistake. But he went ahead and took the ten-key test anyway
since he knew he
would crush it. Which he did! He had the highest score of all
600 test-takers – 25,000
KPM. And he and Dr. Crawford “totally vibed,” so he accepted
the internship.
4) Peaches was a graduate student in the Management
department. She liked the
analytics stuff well enough, but it was definitely not her
passion. Peaches was an
international student at UTA, and her particular visa did not
permit her to work for
pay – at all – while she was a student in the U.S. But she really
needed the money.
And she knew Dr. Crawford well enough to know that he wasn’t
a stickler for silly
things like I-9 forms. So she was just in it for the money.
CCC’s work began in earnest on Monday, January 20, 2020. All
four interns were equally
exceptionally productive, efficient, and expert in their analyses.
(Maybe Peaches was just
a little bit better than the others…) This can only be attributed
to Dr. Crawford’s
andragogical genius. Information about the firm’s initial
profitability after the first four
weeks of work and preceding start-up costs is available in
Appendix C. And the details of
32. the interns’ compensation for these same four weeks can be
found in Appendices D, E, F,
and G.
Prompt for QUESTION ONE (The Case of Crawford Creative
Consulting, LLC)
In seven hundred fifty words or fewer, provide a thorough legal
analysis (preferably using
the suggested “IRAC” format) of the legal issue presented
related to the status of the four
interns as “employees” or not.
Prompt for QUESTION TWO (The Case of Crawford Creative
Consulting, LLC)
In seven hundred fifty words or fewer, provide a thorough legal
analysis (preferably using
the suggested “IRAC” format) of the legal issue presented –
assuming for QUESTION
TWO that the four interns are “employees” – related to the four
interns’ compensation.
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This space reserved for office use.
Form 205
(Revised 05/11)
Submit in duplicate to:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
512 463-5555
FAX: 512 463-5709
Filing Fee: $300
Certificate of Formation
Limited Liability Company
Article 1 – Entity Name and Type
The filing entity being formed is a limited liability company.
The name of the entity is:
The name must contain the words “limited liability company,”
“limited company,” or an abbreviation of one of these phrases.
34. Article 2 – Registered Agent and Registered Office
(See instructions. Select and complete either A or B and
complete C.)
A. The initial registered agent is an organization (cannot be
entity named above) by the name of:
OR
B. The initial registered agent is an individual resident of the
state whose name is set forth below:
First Name M.I. Last Name Suffix
C. The business address of the registered agent and the
registered office address is:
Street Address City State
TX
Zip Code
Article 3—Governing Authority
(Select and complete either A or B and provide the name and
address of each governing person.)
A. The limited liability company will have managers. The name
and address of each initial
manager are set forth below.
B. The limited liability company will not have managers. The
company will be governed by its
members, and the name and address of each initial member are
set forth below.
GOVERNING PERSON 1
35. NAME (Enter the name of either an individual or an
organization, but not both.)
IF INDIVIDUAL
First Name M.I. Last Name Suffix
OR
IF ORGANIZATION
Organization Name
ADDRESS
Street or Mailing Address City State Country Zip Code
Form 205 4
CRAWFORD CREATIVE CONSULTING, A TEXAS LIMITED-
LIABILITY COMPANY
N/A
✔
WAYNE S. CRAWFORD PHD
UTA BOX 19467 ARLINGTON 76019-0467
✔
WAYNE S. CRAWFORD PHD
N/A
UTA BOX 19467 ARLINGTON TX USA 76019-0467
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GOVERNING PERSON 2
NAME (Enter the name of either an individual or an
organization, but not both.)
IF INDIVIDUAL
First Name M.I. Last Name Suffix
OR
IF ORGANIZATION
37. Organization Name
ADDRESS
Street or Mailing Address City State Country Zip Code
GOVERNING PERSON 3
NAME (Enter the name of either an individual or an
organization, but not both.)
IF INDIVIDUAL
First Name M.I. Last Name Suffix
OR
IF ORGANIZATION
Organization Name
ADDRESS
Street or Mailing Address City State Country Zip Code
Article 4 – Purpose
The purpose for which the company is formed is for the
transaction of any and all lawful purposes for
which a limited liability company may be organized under the
Texas Business Organizations Code.
Supplemental Provisions/Information
Text Area: [The attached addendum, if any, is incorporated
herein by reference.]
Form 205 5
N/A N/A N/A
38. N/A
N/A N/A N/A N/A
N/A N/A N/A
N/A
N/A N/A N/A N/A
N/A
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39. O
nly
Organizer
The name and address of the organizer:
Name
Street or Mailing Address City State Zip Code
Effectiveness of Filing (Select either A, B, or C.)
A. This document becomes effective when the document is
filed by the secretary of state.
B. This document becomes effective at a later date, which is
not more than ninety (90) days from
the date of signing. The delayed effective date is:
C. This document takes effect upon the occurrence of the future
event or fact, other than the
passage of time. The 90th day after the date of signing is:
The following event or fact will cause the document to take
effect in the manner described below:
Execution
The undersigned affirms that the person designated as registered
agent has consented to the
appointment. The undersigned signs this document subject to
the penalties imposed by law for the
submission of a materially false or fraudulent instrument and
certifies under penalty of perjury that the
undersigned is authorized to execute the filing instrument.
Date:
40. Signature of organizer
Printed or typed name of organizer
Form 205 6
WAYNE STANLEY CRAWFORD, SPHR, SHRM-SCP, BA,
MBA, PHD
UTA BOX 19467 ARLINGTON TX 76019-0467
✔
JANUARY 1, 2020
N/A
N/A
NOVEMBER 18, 2019
WAYNE STANLEY CRAWFORD, SPHR, PHD
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Appendix B: Job Posting
Hiring Firm: Crawford Creative Consulting, LLC
Hiring Manager: Dr. Wayne Stanley Crawford, SPHR, SHRM-
SCP, B.A., M.B.A., Ph.D.
Position Title: Human Resource Management Consulting Intern-
Contractor
Start Date: Approximately January 6, 2020
Type: Part-Time (less than 20 hours per week)
Compensation: Negotiable Competitive Hourly Compensation
based upon Billable
Hours
FLSA Status: Not Applicable – Independent Contractor and
Intern
Work Schedule: Negotiable and by Tele-Commuting (Intern
must have her/his own
Windows-based PC that meets or exceeds the UTA College of
42. Engineering’s “Student Computer Recommendation.”
Primary Responsibilities
Under Dr. Crawford’s direction:
• Synthesize human resource business intelligence and trend
data to support recommendations
for client action.
• Collect business intelligence data from client-provided data
and from available industry
reports, public information, field reports, and purchased
sources.
• Identify and analyze industry or geographic trends with human
resource management strategy
implications.
• Analyze technology trends to inform client human resource
management intelligence.
• Generate standard and custom reports summarizing human
resource management data for
review by Dr. Crawford, clients, and other stakeholders.
• Maintain or update human resource management
analytic/intelligence tools, databases,
dashboards, systems, or methods.
• Maintain library of model documents, templates, and other
reusable knowledge assets.
• Create business intelligence tools and systems, including
design of related databases,
spreadsheets, and deliverables.
43. • Conduct and coordinate tests to ensure that intelligence is
consistent with defined needs.
• Disseminate information regarding tools, reports, and
metadata enhancements.
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https://www.uta.edu/engineering/current-students/student-
computer.php
Required Knowledge
• English Language — Knowledge of the structure and content
of the English language
including the meaning and spelling of words, rules of
composition, and grammar.
• Administration and Management — Knowledge of business
and management principles
involved in strategic planning, resource allocation, human
resources modeling, leadership
technique, production methods, and coordination of people and
resources.
• Mathematics — Knowledge of arithmetic, algebra, geometry,
calculus, statistics, and their
44. applications.
• Economics and Accounting — Knowledge of economic and
accounting principles and
practices, the financial markets, banking and the analysis and
reporting of financial data.
• Communications and Media — Knowledge of media
production, communication, and
dissemination techniques and methods. This includes alternative
ways to inform and entertain
via written, oral, and visual media.
Required Skills
• Critical Thinking — Using logic and reasoning to identify the
strengths and weaknesses of
alternative solutions, conclusions or approaches to problems.
• Active Listening — Giving full attention to what other people
(especially Dr. Crawford) are
saying, taking time to understand the points being made, asking
questions as appropriate, and
not interrupting at inappropriate times.
• Reading Comprehension — Understanding written sentences
and paragraphs in work related
documents.
• Speaking — Talking to others to convey information
effectively.
• Judgment and Decision Making — Considering the relative
costs and benefits of potential
45. actions to choose the most appropriate one.
• Systems Analysis — Determining how a system should work
and how changes in conditions,
operations, and the environment will affect outcomes.
• Time Management — Managing one's own time and the time
of others.
• Writing — Communicating effectively in writing as
appropriate for the needs of the audience.
• Complex Problem Solving — Identifying complex problems
and reviewing related
information to develop and evaluate options and implement
solutions.
• Social Perceptiveness — Being aware of others' reactions and
understanding why they react
as they do.
• Systems Evaluation — Identifying measures or indicators of
system performance and the
actions needed to improve or correct performance, relative to
the goals of the system.
• Coordination — Adjusting actions in relation to others'
actions.
• Mathematics — Using mathematics to solve problems.
• Monitoring — Monitoring/Assessing performance of yourself,
other individuals, or
organizations to make improvements or take corrective action.
• Persuasion — Persuading others to change their minds or
behavior.
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Appendix C:
Crawford Creative Consulting, A Texas Limited-Liability
Company
Income Statement
For the Forty-Seven-Day Period Ended February 16, 2020
Revenue:
Sales: Activity Crawford Billables $ 10,000.00
Sales: Activity Mariana Billables $ 40,000.00
Sales: Activity Ned Billables $ 40,000.00
Sales: Activity Omar Billables $ 40,000.00
Sales: Activity Peaches Billables $100,000.00
Gross Sales $ 230,000.00
Less: Returns and Allowances $ 0.00
Net Sales $ 230,000.00
47. Cost of Services Delivered:
Direct Labor: Activity Crawford $ 50,000.00
Direct Labor: Activity Mariana $ 250.00
Direct Labor: Activity Ned $ 250.25
Direct Labor: Activity Omar $ 800.00
Direct Labor: Activity Peaches $ 625.00
Cost of Services Delivered $ 51,925.25
Gross Profit (Loss) $ 178,074.75
Expenses:
(none) $ 0.00
EBITDA $ 178,074.75
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49. 3 Dr. Crawford tossed Ned a quarter as a spot bonus on
1/29/2020 when Ned held the door open for him.
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Appendix F: Omar
Week of Hours Billed Hourly Rate Wages Additional Total
Gross
1/20/2020 10 $ 10.00 $ 100.00 $ 100.004 $ 200.00
1/27/2020 10 $ 10.00 $ 100.00 $ 100.005 $ 200.00
2/3/2020 10 $ 10.00 $ 100.00 $ 100.006 $ 200.00
2/10/2020 10 $ 10.00 $ 100.00 $ 100.007 $ 200.00
Totals 40 $ 400.00 $ 400.00 $ 800.00
Appendix G: Peaches
Week of Hours Billed Hourly Rate Wages Additional Total
Gross
50. 1/20/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
1/27/2020 20 $ 6.25 $ 125.00 $ 0 $ 125.00
2/3/2020 50 $ 6.25 $ 312.50 $ 0 $ 312.50
2/10/2020 20 $ 6.25 $ 125.00 $ 0 $ 125.00
Totals 100 $ 625.00 $ 0 $ 625.00
4 Spot bonus.
5 Spot bonus.
6 Spot bonus.
7 Spot bonus.
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Question Three:
Gerald Lynn Bostock v. Clayton County, Georgia
and
Altitude Express, Inc., et al. v. Melissa Zarda, as Executor
Principal Primary-Source Materials
Altitude Express, Inc. v. Zarda, 139 S. Ct. 1599, 203 L. Ed. 2d
754, 2019 U.S. LEXIS
51. 2931, 2019 WL 1756678 (Supreme Court of the United States
April 22, 2019,
Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5V
Y4-T181-JT42-S3MR-00000-00&context=1516831.
Altitude Express, Inc. v. Zarda, 139 S. Ct. 2049, 204 L. Ed. 2d
214, 2019 U.S. LEXIS
3403, 2019 WL 2080053 (Supreme Court of the United States
May 13, 2019,
Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5W
3M-X611-FBV7-B2K5-00000-00&context=1516831.
Bostock v. Clayton Cty. Bd. of Comm'rs, 723 Fed. Appx. 964,
2018 U.S. App. LEXIS
12405, 2018 WL 2149179 (United States Court of Appeals for
the Eleventh Circuit
May 10, 2018, Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5S9
5-MJ91-FCCX-63X6-00000-00&context=1516831.
Bostock v. Clayton Cty., 139 S. Ct. 1599, 203 L. Ed. 2d 754,
2019 U.S. LEXIS 2927,
2019 WL 1756677 (Supreme Court of the United States April
22, 2019, Decided),
52. available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5V
Y4-T181-JT42-S3MP-00000-00&context=1516831.
Bostock v. Clayton Cty., 139 S. Ct. 2049, 204 L. Ed. 2d 214,
2019 U.S. LEXIS 3404,
2019 WL 2080052 (Supreme Court of the United States May 13,
2019, Decided),
available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5W
3M-X611-FBV7-B2K4-00000-00&context=1516831.
Bostock v. Clayton Cty., 2017 U.S. Dist. LEXIS 217815 (United
States District Court for
the Northern District of Georgia July 21, 2017, Filed), available
at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5R
NG-VW71-FGJR-20FM-00000-00&context=1516831.
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https://advance.lexis.com/api/document?collection=cases&id=ur
54. Bostock v. Clayton Cty., Audio Rec. of Oral Arg. in Nos. 17-
1618 & 17-1623 (Supreme
Court of the United States October 8, 2019), available at
https://www.supremecourt.gov/oral_arguments/audio/2019/17-
1618.
Bostock v. Clayton Cty., Tr. of Oral Arg. in Nos. 17-1618 & 17-
1623 (Supreme Court of
the United States October 8, 2019), available at
https://www.supremecourt.gov/oral_arguments/argument_transc
ripts/2019/17-
1618_b97c.pdf.
Brief for Petitioners Altitude Express, Inc., and Ray Maynard,
Altitude Express, Inc. v.
Melissa Zarda & William Moore, Jr., Co-Independent Ex'rs of
the Estate of
Donald Zarda, 2019 U.S. S. CT. BRIEFS LEXIS 3356 (Supreme
Court Of The
United States August 16, 2019), available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5WWJ-XKN1-JNY7-X49S-00000-
00&context=1516831.
Brief for Respondent, Bostock v. Clayton County, 2019 U.S. S.
CT. BRIEFS LEXIS
55. 3347 (Supreme Court of the United States August 16, 2019),
available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5WWB-XS21-JCJ5-22N2-00000-
00&context=1516831.
Reply Brief for Petitioner, Bostock v. Clayton County, 2019
U.S. S. CT. BRIEFS LEXIS
4240 (Supreme Court of the United States September 10, 2019),
available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5X38-S1K1-JJYN-B2KV-00000-
00&context=1516831.
Reply Brief for Respondents, Altitudè Express, Inc. v. Melissa
Zarda & William Moore,
Jr., Co-Independent Ex'rs of the Estate of Donald Zarda, 2019
U.S. S. CT.
BRIEFS LEXIS 4243 (Supreme Court of the United States
September 10, 2019),
available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5X38-S1K1-JJYN-B2KW-00000-
00&context=1516831.
Zarda v. Altitude Express, 855 F.3d 76, 2017 U.S. App. LEXIS
6578, 130 Fair Empl.
56. Prac. Cas. (BNA) 45, 101 Empl. Prac. Dec. (CCH) P45,782,
2017 WL 1378932
(United States Court of Appeals for the Second Circuit April 18,
2017, Decided),
available at
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https://www.supremecourt.gov/oral_arguments/audio/2019/17-
1618
https://www.supremecourt.gov/oral_arguments/argument_transc
ripts/2019/17-1618_b97c.pdf
https://www.supremecourt.gov/oral_arguments/argument_transc
ripts/2019/17-1618_b97c.pdf
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWJ-XKN1-JNY7-
X49S-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWJ-XKN1-JNY7-
X49S-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWJ-XKN1-JNY7-
X49S-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWB-XS21-JCJ5-
22N2-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWB-XS21-JCJ5-
22N2-00000-00&context=1516831
58. https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5R
RK-FB71-FCSB-S000-00000-00&context=1516831.
Additional Primary-Source Materials
• Several Amicus briefs available at
https://uta.instructure.com/courses/18815/modules/178493 and
in the Nexis Uni
database, available at https://libguides.uta.edu/az.php?a=n.
• This is a non-fiction question, so the world is your oyster.
Secondary-Source Materials
• This is a non-fiction question, so the world is your oyster.
Prompt
Prompt for QUESTION THREE (Bostock v. Clayton Cty.):
In seven hundred fifty words or fewer, provide a thorough legal
analysis (preferably
using the suggested “IRAC” format) of the legal issue
presented:
The issue in Bostock is “[w]hether discrimination against an
employee
because of sexual orientation constitutes prohibited employment
59. discrimination ‘because of . . . sex’ within the meaning of […]
42 U.S.C. §
2000e-2.”8
8 Initial Brief for Petitioner, Bostock v. Clayton County, 2019
U.S. S. CT. BRIEFS LEXIS 2350, *12 (Supreme Court of the
United States June 26, 2019), available at
https://advance.lexis.com/document?crid=cfb0c6cf-1181-4ab6-
a50c-
244a31325a16&pddocfullpath=%2Fshared%2Fdocument%2Fbri
efs-pleadings-motions%2Furn%3AcontentItem%3A5WHH-
GGT0-0004-J1R4-00000-
00&pdcontentcomponentid=6318&pdpinpoint=PAGE_12_7775
&pdmfid=1516831&pdisurlapi=true.
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https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5NBM-F1B1-F04K-J0BH-00000-
00&context=1516831
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5NBM-F1B1-F04K-J0BH-00000-
00&context=1516831
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5RRK-FB71-FCSB-S000-00000-
00&context=1516831
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5RRK-FB71-FCSB-S000-00000-
00&context=1516831
61. submitted by 8:00pm on 11/11, minus 10% [total] if submitted
by 8:00am on 11/12,
minus 15% [total] if submitted by 8:00pm on 11/12, etc.).
Please submit the examination in three separate .docx
documents using the templates
provided at
https://uta.instructure.com/courses/18815/assignments/455977.
This examination is setup in Canvas for anonymous grading.
Please do no put your name
or any other identifying information in your exam submissions.
There is a place in the
header of each response template for you to put your UTA ID
number.
Your analyses of these three cases and the creation of your
written submission should be
your own independent work. However, this is a take-home
exam. So, a little more clarity
might be needed…
I think these types of behaviors are perfectly acceptable:
• The use of any and all non-human resources (e.g., printed
materials, hypertext and
hypermedia materials, audio recordings, video records, works of
art, etc.) –
assuming that direct quotations are identified and cited and
assuming that any big
ideas from sources other than your own original analysis are
62. cited. You may use
any of the standard citation systems that you like, as long as it’s
one of these:
APA, MLA, Chicago, Turabian, Bluebook, Harvard, McGill,
ALWD, Tanbook,
Greenbook, Maroonbook, OSCOLA, AAA, or APSA – either in-
text or in
footnotes.
• Using the services of the UTA Writing Center – provided that
you disclose that
you are working on an examination and you provide the tutor
with a complete
copy of this exam document.
• Receiving assistance in finding sources from a university
librarian – provided that
you disclose that you are working on an examination and you
provide the librarian
with a complete copy of this exam document.
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https://uta.instructure.com/courses/18815/assignments/455977
https://uta.instructure.com/courses/18815/assignments/455977
63. http://www.uta.edu/owl/
• Receiving technical assistance from the UTA OIT Help Desk,
Canvas Support,
or/and Nexis Uni Support.
• Sharing non-human resources (e.g., printed materials,
hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.)
with other students
in the class.
• Receiving non-human resources (e.g., printed materials,
hypertext and hypermedia
materials, audio recordings, video records, works of art, etc.)
from other students
in the class.
• Discussing the exam’s content with other students in the class.
Here are the relative weights of the exam components:
Question Component Percent
ONE
Issue 4 %
Rule 6 %
Application 20 %
64. Conclusion 4 %
TWO
Issue 4 %
Rule 6 %
Application 20 %
Conclusion 4 %
THREE
Issue 2 %
Rule 6 %
Application 20 %
Conclusion 4 %
See the University’s statements on Academic Integrity,
Acknowledging Sources, and the
UTA Library’s Tutorial on Plagiarism.
Once class adjourns on October 31, 2019, I will not
communicate with anyone with
respect to any aspect of the exam until 11:00am on November
12, 2019.
Good luck!
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66. https://mentis.uta.edu/explore/profile/wayne-crawford. In short:
1) His research is
considered ground-breaking. 2) His teaching is considered
excellent (so good in fact that
one semester his teaching scores were almost as good as
Graca’s).2 3) And his service is
highly valued by both his colleagues and the College
administration.
On Friday, November 1, 2019, Dr. Crawford was called into a
2:00pm meeting in the office
of Dr. Greg Frazier, Associate Dean of the UTA College of
Business. Crawford was
somewhat nervous that he was going to get in trouble for his
expletive-laden H/R metrics
rant in MANA 5329 on Monday, October 28, 2019. (A student
had captured the diatribe
on mobile-phone video and posted it to YouTube, but the video
has subsequently been
removed for violating YouTube’s terms of use.) Crawford
became even more anxious
when he entered Frazier’s office to find that the Management
department chair Dr. George
Benson and the Dean of the College of Business Harry
Dombrowski were also present.
And being a scholar of human resource management, Crawford
knew what often happened
at surprise Friday-afternoon meetings…
As Dr. Crawford was mentally planning his defense, Dr. Frazier
began speaking. Frazier
explained that the University of Texas System Board of Regents
had voted the preceding
evening to award Crawford academic tenure with the
67. University. For a couple reasons,
Crawford assumed that Frazier was joking; the reasons were: 1)
Crawford’s humility, and
2) the fact that he hadn’t even applied for tenure. So, while the
three administrators began
their congratulating and back-slapping, Crawford could only
wonder what their game was.
1 While some of the characters in this case are based closely on
real people, the operative facts are
entirely fictional.
2 Wow!
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https://mentis.uta.edu/explore/profile/wayne-crawford
After seeing the signed and sealed letter from the Chancellor of
the UT System, Crawford
finally realized that they were on the level – that he had
actually received tenure!
Over the next few days, a number of colleagues from around the
College had called and
texted Crawford to offer their congratulations, but all of their
calls and texts went
unanswered. (This was very out-of-character; Crawford
68. religiously responded to all
communications from colleagues on the same day and usually
within the same hour.)
Dr. Crawford limped into the office at 4:45pm on Monday,
November 4, 2019, wearing
gray sweat pants, a black “FBI: Female Body Inspector” t-shirt,
very dark sunglasses, and
carrying two banana bags (one connected to his left arm
intravenously). When Graca heard
Crawford’s door open, he immediately made his way down from
COBA-231 to COBA-
212.
After congratulating Crawford, Graca went on to opine how
wonderful it is that Crawford
would now be able to do the kind of research that he really
wanted to do (and would be
able to more actively engage with the administration of the
Management department’s
graduate program) without the tenure-earning clock ticking in
the back in the back of his
brain. Crawford’s haze cleared a little bit, and he got a big
smile on his face. After a bit of
a pause, Crawford responded: “Mute that noise, son! Now it’s
time for Daddy to make
some coin.” Graca was taken somewhat aback – mostly because
Crawford was now
apparently referring to himself as “Daddy.”
Crawford went on to explain that he would no longer be
devoting every single waking
moment to his aggressive, critically important, already ground-
69. breaking, and potentially
paradigm-shifting research agenda (as he had done for the past
five years). Instead, he
would begin taking full advantage of UT System Regents’ Rule
30104: Conflict of Interest,
Conflict of Commitment, and Outside Activities. (The rule
permits UTA faculty members
to engage in outside work for pay under certain circumstances
and with certain limitations.)
Specifically, Crawford planned to launch a consulting firm that
would take out-sourced
work primarily in the area of human resource business analytics
from local firms.
Crawford’s initial estimate is that he could work on his
consulting business about ten hours
each week and could charge about $1,000.00 per hour for his
services. This would allow
him to gross an addition $500,000.00 each year (in addition to
his UTA salary).
After getting some basic legal advice, Crawford decided that a
Texas Limited-Liability
Company would be the best business organization for him. And
“Crawford Creative
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https://www.utsystem.edu/board-of-regents/rules/30104-
70. conflict-of-interest-conflict-of-commitment-and-outside-
activities
https://www.utsystem.edu/board-of-regents/rules/30104-
conflict-of-interest-conflict-of-commitment-and-outside-
activities
Consulting, LLC” (“CCC”) was born. (See Appendix A for
CCC’s Certificate of
Formation.) But after analyzing his expected margin and tax
liabilities, Crawford opined
to Graca, “That’s still chump-change, Yo! There’s got to be
some way for me to quintuple
that…” And eventually his scheme was hatched:
Despite everything he says in class, to prospective clients, to
his spouse whenever she’s
contemplating leaving him, to his daughter every night in lieu
of a typical bed-time story,
and to anyone else who’ll listen (and even some who won’t),
Crawford knows in his heart
that human resource business analytics is really just a mere
shell game. You see, all that
really happens in the H/R analytics “black box” is that the
consultant: 1) gets a data set
from a firm in a particular format, 2) runs it through
(university-owned) software that spits
it out in a different format, 3) makes some pretty graphs, and
finally 4) plagiarizes an
“executive summary.” According to Crawford, “any monkey
could do it.” And that became
the rub! Crawford would train some “monkeys” (as he calls
them) (upper-class UTA
undergraduates and UTA graduate students) to do the work. In
this way: by hiring four
71. “intern-analysts,” Crawford could indeed nearly quintuple
CCC’s productivity and (more
importantly) nearly quintuple his profit.
Now to find “the monkeys.” Dr. Crawford created a “job
description” and “job
specification,” and posted his “internship” in the Handshake
database, a service of the UTA
Lockheed Martin Career Development Center. (By “created,” I
mean that he mostly cut-
and-pasted something from O*NET.) A copy of the posting is
included in Appendix B.
You’ll note that Dr. Crawford considers the interns to be
“independent contractors.” He
did this because he wants to avoid having to pay half of the
social security tax…
Because the response to Dr. Crawford’s posting was so
overwhelming (over 600
applicants), he wanted to use a simple (and free) assessment to
shrink his pool some. So,
he used a ten-key speed typing test. He then interviewed the ten
highest-scoring applicants
and selected the four from whom he seemed to get the best
“vibe.” Each of the selected
four had a different motivation for wanting the internship:
1) Mariana was a 4.0 UTA senior Management & Information
Systems & Statistics
triple-major. Mariana wanted to attend graduate school in the
UTA Management
department after graduation, and she thought the internship
would give her a leg-up
72. in understanding business research methodologies. And it
wasn’t lost on Mariana
that Dr. Crawford was also the chair of the Management
department graduate studies
committee, or that he could use his influence to ensure her
admission to the graduate
program and a sweet financial aid package.
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https://www.uta.edu/careers/employers/handshake/index.php
https://www.uta.edu/careers/
https://www.onetonline.org/
https://onlinetyping.org/10-key-typing-test/10-key.php
2) Ned was a 3.2 UTA senior Management & Marketing double-
major. He really only
cared about human resource management, and he was a self-
described “H/R nerd.”
He only added the Marketing major because UTA still doesn’t
have a BBA in human
resource management and never offers its upper-level
management electives at
convenient times (with the exception of MANA 4320 –
“Employment Law” – of
course). Ned wanted to get an entry-level job as a human
resources generalist after
73. graduation, and he thought he could use the internship to satisfy
the “experience”
requirements of the entry-level H/R professional certifications
and to generally make
himself more marketable on the entry-level H/R market.
3) Omar was a 2.25 UTA Real Estate major. He had actually
applied for the internship
by mistake. But he went ahead and took the ten-key test anyway
since he knew he
would crush it. Which he did! He had the highest score of all
600 test-takers – 25,000
KPM. And he and Dr. Crawford “totally vibed,” so he accepted
the internship.
4) Peaches was a graduate student in the Management
department. She liked the
analytics stuff well enough, but it was definitely not her
passion. Peaches was an
international student at UTA, and her particular visa did not
permit her to work for
pay – at all – while she was a student in the U.S. But she really
needed the money.
And she knew Dr. Crawford well enough to know that he wasn’t
a stickler for silly
things like I-9 forms. So she was just in it for the money.
CCC’s work began in earnest on Monday, January 20, 2020. All
four interns were equally
exceptionally productive, efficient, and expert in their analyses.
(Maybe Peaches was just
a little bit better than the others…) This can only be attributed
74. to Dr. Crawford’s
andragogical genius. Information about the firm’s initial
profitability after the first four
weeks of work and preceding start-up costs is available in
Appendix C. And the details of
the interns’ compensation for these same four weeks can be
found in Appendices D, E, F,
and G.
Prompt for QUESTION ONE (The Case of Crawford Creative
Consulting, LLC)
In seven hundred fifty words or fewer, provide a thorough legal
analysis (preferably using
the suggested “IRAC” format) of the legal issue presented
related to the status of the four
interns as “employees” or not.
Prompt for QUESTION TWO (The Case of Crawford Creative
Consulting, LLC)
In seven hundred fifty words or fewer, provide a thorough legal
analysis (preferably using
the suggested “IRAC” format) of the legal issue presented –
assuming for QUESTION
TWO that the four interns are “employees” – related to the four
interns’ compensation.
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75. Ed
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nly
This space reserved for office use.
Form 205
(Revised 05/11)
Submit in duplicate to:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
512 463-5555
FAX: 512 463-5709
Filing Fee: $300
Certificate of Formation
Limited Liability Company
Article 1 – Entity Name and Type
76. The filing entity being formed is a limited liability company.
The name of the entity is:
The name must contain the words “limited liability company,”
“limited company,” or an abbreviation of one of these phrases.
Article 2 – Registered Agent and Registered Office
(See instructions. Select and complete either A or B and
complete C.)
A. The initial registered agent is an organization (cannot be
entity named above) by the name of:
OR
B. The initial registered agent is an individual resident of the
state whose name is set forth below:
First Name M.I. Last Name Suffix
C. The business address of the registered agent and the
registered office address is:
Street Address City State
TX
Zip Code
Article 3—Governing Authority
(Select and complete either A or B and provide the name and
address of each governing person.)
A. The limited liability company will have managers. The name
and address of each initial
manager are set forth below.
B. The limited liability company will not have managers. The
77. company will be governed by its
members, and the name and address of each initial member are
set forth below.
GOVERNING PERSON 1
NAME (Enter the name of either an individual or an
organization, but not both.)
IF INDIVIDUAL
First Name M.I. Last Name Suffix
OR
IF ORGANIZATION
Organization Name
ADDRESS
Street or Mailing Address City State Country Zip Code
Form 205 4
CRAWFORD CREATIVE CONSULTING, A TEXAS LIMITED-
LIABILITY COMPANY
N/A
✔
WAYNE S. CRAWFORD PHD
UTA BOX 19467 ARLINGTON 76019-0467
✔
WAYNE S. CRAWFORD PHD
78. N/A
UTA BOX 19467 ARLINGTON TX USA 76019-0467
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GOVERNING PERSON 2
NAME (Enter the name of either an individual or an
organization, but not both.)
IF INDIVIDUAL
79. First Name M.I. Last Name Suffix
OR
IF ORGANIZATION
Organization Name
ADDRESS
Street or Mailing Address City State Country Zip Code
GOVERNING PERSON 3
NAME (Enter the name of either an individual or an
organization, but not both.)
IF INDIVIDUAL
First Name M.I. Last Name Suffix
OR
IF ORGANIZATION
Organization Name
ADDRESS
Street or Mailing Address City State Country Zip Code
Article 4 – Purpose
The purpose for which the company is formed is for the
transaction of any and all lawful purposes for
which a limited liability company may be organized under the
Texas Business Organizations Code.
Supplemental Provisions/Information
Text Area: [The attached addendum, if any, is incorporated
herein by reference.]
80. Form 205 5
N/A N/A N/A
N/A
N/A N/A N/A N/A
N/A N/A N/A
N/A
N/A N/A N/A N/A
N/A
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Organizer
The name and address of the organizer:
Name
Street or Mailing Address City State Zip Code
Effectiveness of Filing (Select either A, B, or C.)
A. This document becomes effective when the document is
filed by the secretary of state.
B. This document becomes effective at a later date, which is
not more than ninety (90) days from
the date of signing. The delayed effective date is:
C. This document takes effect upon the occurrence of the future
event or fact, other than the
passage of time. The 90th day after the date of signing is:
The following event or fact will cause the document to take
effect in the manner described below:
Execution
The undersigned affirms that the person designated as registered
agent has consented to the
appointment. The undersigned signs this document subject to
the penalties imposed by law for the
submission of a materially false or fraudulent instrument and
82. certifies under penalty of perjury that the
undersigned is authorized to execute the filing instrument.
Date:
Signature of organizer
Printed or typed name of organizer
Form 205 6
WAYNE STANLEY CRAWFORD, SPHR, SHRM-SCP, BA,
MBA, PHD
UTA BOX 19467 ARLINGTON TX 76019-0467
✔
JANUARY 1, 2020
N/A
N/A
NOVEMBER 18, 2019
WAYNE STANLEY CRAWFORD, SPHR, PHD
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Appendix B: Job Posting
Hiring Firm: Crawford Creative Consulting, LLC
Hiring Manager: Dr. Wayne Stanley Crawford, SPHR, SHRM-
SCP, B.A., M.B.A., Ph.D.
Position Title: Human Resource Management Consulting Intern-
Contractor
Start Date: Approximately January 6, 2020
Type: Part-Time (less than 20 hours per week)
Compensation: Negotiable Competitive Hourly Compensation
based upon Billable
Hours
FLSA Status: Not Applicable – Independent Contractor and
Intern
84. Work Schedule: Negotiable and by Tele-Commuting (Intern
must have her/his own
Windows-based PC that meets or exceeds the UTA College of
Engineering’s “Student Computer Recommendation.”
Primary Responsibilities
Under Dr. Crawford’s direction:
• Synthesize human resource business intelligence and trend
data to support recommendations
for client action.
• Collect business intelligence data from client-provided data
and from available industry
reports, public information, field reports, and purchased
sources.
• Identify and analyze industry or geographic trends with human
resource management strategy
implications.
• Analyze technology trends to inform client human resource
management intelligence.
• Generate standard and custom reports summarizing human
resource management data for
review by Dr. Crawford, clients, and other stakeholders.
• Maintain or update human resource management
analytic/intelligence tools, databases,
dashboards, systems, or methods.
• Maintain library of model documents, templates, and other
85. reusable knowledge assets.
• Create business intelligence tools and systems, including
design of related databases,
spreadsheets, and deliverables.
• Conduct and coordinate tests to ensure that intelligence is
consistent with defined needs.
• Disseminate information regarding tools, reports, and
metadata enhancements.
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https://www.uta.edu/engineering/current-students/student-
computer.php
Required Knowledge
• English Language — Knowledge of the structure and content
of the English language
including the meaning and spelling of words, rules of
composition, and grammar.
• Administration and Management — Knowledge of business
and management principles
involved in strategic planning, resource allocation, human
resources modeling, leadership
86. technique, production methods, and coordination of people and
resources.
• Mathematics — Knowledge of arithmetic, algebra, geometry,
calculus, statistics, and their
applications.
• Economics and Accounting — Knowledge of economic and
accounting principles and
practices, the financial markets, banking and the analysis and
reporting of financial data.
• Communications and Media — Knowledge of media
production, communication, and
dissemination techniques and methods. This includes alternative
ways to inform and entertain
via written, oral, and visual media.
Required Skills
• Critical Thinking — Using logic and reasoning to identify the
strengths and weaknesses of
alternative solutions, conclusions or approaches to problems.
• Active Listening — Giving full attention to what other people
(especially Dr. Crawford) are
saying, taking time to understand the points being made, asking
questions as appropriate, and
not interrupting at inappropriate times.
• Reading Comprehension — Understanding written sentences
and paragraphs in work related
documents.
87. • Speaking — Talking to others to convey information
effectively.
• Judgment and Decision Making — Considering the relative
costs and benefits of potential
actions to choose the most appropriate one.
• Systems Analysis — Determining how a system should work
and how changes in conditions,
operations, and the environment will affect outcomes.
• Time Management — Managing one's own time and the time
of others.
• Writing — Communicating effectively in writing as
appropriate for the needs of the audience.
• Complex Problem Solving — Identifying complex problems
and reviewing related
information to develop and evaluate options and implement
solutions.
• Social Perceptiveness — Being aware of others' reactions and
understanding why they react
as they do.
• Systems Evaluation — Identifying measures or indicators of
system performance and the
actions needed to improve or correct performance, relative to
the goals of the system.
• Coordination — Adjusting actions in relation to others'
actions.
• Mathematics — Using mathematics to solve problems.
• Monitoring — Monitoring/Assessing performance of yourself,
other individuals, or
organizations to make improvements or take corrective action.
88. • Persuasion — Persuading others to change their minds or
behavior.
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Appendix C:
Crawford Creative Consulting, A Texas Limited-Liability
Company
Income Statement
For the Forty-Seven-Day Period Ended February 16, 2020
Revenue:
Sales: Activity Crawford Billables $ 10,000.00
Sales: Activity Mariana Billables $ 40,000.00
Sales: Activity Ned Billables $ 40,000.00
Sales: Activity Omar Billables $ 40,000.00
Sales: Activity Peaches Billables $100,000.00
89. Gross Sales $ 230,000.00
Less: Returns and Allowances $ 0.00
Net Sales $ 230,000.00
Cost of Services Delivered:
Direct Labor: Activity Crawford $ 50,000.00
Direct Labor: Activity Mariana $ 250.00
Direct Labor: Activity Ned $ 250.25
Direct Labor: Activity Omar $ 800.00
Direct Labor: Activity Peaches $ 625.00
Cost of Services Delivered $ 51,925.25
Gross Profit (Loss) $ 178,074.75
Expenses:
(none) $ 0.00
EBITDA $ 178,074.75
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Appendix D: Mariana
Week of Hours Billed Hourly Rate Wages Additional Total
Gross
1/20/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
1/27/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
2/3/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
2/10/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
Totals 40 $ 250.00 $ 0 $ 250.00
Appendix E: Ned
Week of Hours Billed Hourly Rate Wages Additional Total
Gross
1/20/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
1/27/2020 10 $ 6.25 $ 62.50 $ 0.253 $ 62.75
2/3/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
91. 2/10/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
Totals 40 $ 250.00 $ 0.25 $ 250.25
3 Dr. Crawford tossed Ned a quarter as a spot bonus on
1/29/2020 when Ned held the door open for him.
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Appendix F: Omar
Week of Hours Billed Hourly Rate Wages Additional Total
Gross
1/20/2020 10 $ 10.00 $ 100.00 $ 100.004 $ 200.00
1/27/2020 10 $ 10.00 $ 100.00 $ 100.005 $ 200.00
2/3/2020 10 $ 10.00 $ 100.00 $ 100.006 $ 200.00
2/10/2020 10 $ 10.00 $ 100.00 $ 100.007 $ 200.00
Totals 40 $ 400.00 $ 400.00 $ 800.00
Appendix G: Peaches
92. Week of Hours Billed Hourly Rate Wages Additional Total
Gross
1/20/2020 10 $ 6.25 $ 62.50 $ 0 $ 62.50
1/27/2020 20 $ 6.25 $ 125.00 $ 0 $ 125.00
2/3/2020 50 $ 6.25 $ 312.50 $ 0 $ 312.50
2/10/2020 20 $ 6.25 $ 125.00 $ 0 $ 125.00
Totals 100 $ 625.00 $ 0 $ 625.00
4 Spot bonus.
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MANA 4320.001 Mid-Term Examination
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Question Three:
Gerald Lynn Bostock v. Clayton County, Georgia
and
Altitude Express, Inc., et al. v. Melissa Zarda, as Executor
93. Principal Primary-Source Materials
Altitude Express, Inc. v. Zarda, 139 S. Ct. 1599, 203 L. Ed. 2d
754, 2019 U.S. LEXIS
2931, 2019 WL 1756678 (Supreme Court of the United States
April 22, 2019,
Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5V
Y4-T181-JT42-S3MR-00000-00&context=1516831.
Altitude Express, Inc. v. Zarda, 139 S. Ct. 2049, 204 L. Ed. 2d
214, 2019 U.S. LEXIS
3403, 2019 WL 2080053 (Supreme Court of the United States
May 13, 2019,
Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5W
3M-X611-FBV7-B2K5-00000-00&context=1516831.
Bostock v. Clayton Cty. Bd. of Comm'rs, 723 Fed. Appx. 964,
2018 U.S. App. LEXIS
12405, 2018 WL 2149179 (United States Court of Appeals for
the Eleventh Circuit
May 10, 2018, Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5S9
5-MJ91-FCCX-63X6-00000-00&context=1516831.
94. Bostock v. Clayton Cty., 139 S. Ct. 1599, 203 L. Ed. 2d 754,
2019 U.S. LEXIS 2927,
2019 WL 1756677 (Supreme Court of the United States April
22, 2019, Decided),
available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5V
Y4-T181-JT42-S3MP-00000-00&context=1516831.
Bostock v. Clayton Cty., 139 S. Ct. 2049, 204 L. Ed. 2d 214,
2019 U.S. LEXIS 3404,
2019 WL 2080052 (Supreme Court of the United States May 13,
2019, Decided),
available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5W
3M-X611-FBV7-B2K4-00000-00&context=1516831.
Bostock v. Clayton Cty., 2017 U.S. Dist. LEXIS 217815 (United
States District Court for
the Northern District of Georgia July 21, 2017, Filed), available
at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5R
NG-VW71-FGJR-20FM-00000-00&context=1516831.
MANA 4320.001 Mid-Term Examination
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https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5RNG-VW71-FGJR-20FM-00000-
00&context=1516831
Bostock v. Clayton Cty., Audio Rec. of Oral Arg. in Nos. 17-
1618 & 17-1623 (Supreme
Court of the United States October 8, 2019), available at
https://www.supremecourt.gov/oral_arguments/audio/2019/17-
1618.
Bostock v. Clayton Cty., Tr. of Oral Arg. in Nos. 17-1618 & 17-
1623 (Supreme Court of
the United States October 8, 2019), available at
https://www.supremecourt.gov/oral_arguments/argument_transc
ripts/2019/17-
1618_b97c.pdf.
Brief for Petitioners Altitude Express, Inc., and Ray Maynard,
Altitude Express, Inc. v.
Melissa Zarda & William Moore, Jr., Co-Independent Ex'rs of
the Estate of
Donald Zarda, 2019 U.S. S. CT. BRIEFS LEXIS 3356 (Supreme
Court Of The
United States August 16, 2019), available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5WWJ-XKN1-JNY7-X49S-00000-
00&context=1516831.
97. Brief for Respondent, Bostock v. Clayton County, 2019 U.S. S.
CT. BRIEFS LEXIS
3347 (Supreme Court of the United States August 16, 2019),
available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5WWB-XS21-JCJ5-22N2-00000-
00&context=1516831.
Reply Brief for Petitioner, Bostock v. Clayton County, 2019
U.S. S. CT. BRIEFS LEXIS
4240 (Supreme Court of the United States September 10, 2019),
available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5X38-S1K1-JJYN-B2KV-00000-
00&context=1516831.
Reply Brief for Respondents, Altitudè Express, Inc. v. Melissa
Zarda & William Moore,
Jr., Co-Independent Ex'rs of the Estate of Donald Zarda, 2019
U.S. S. CT.
BRIEFS LEXIS 4243 (Supreme Court of the United States
September 10, 2019),
available at
https://advance.lexis.com/api/document?collection=briefs-
pleadings-
motions&id=urn:contentItem:5X38-S1K1-JJYN-B2KW-00000-
00&context=1516831.
98. Zarda v. Altitude Express, 855 F.3d 76, 2017 U.S. App. LEXIS
6578, 130 Fair Empl.
Prac. Cas. (BNA) 45, 101 Empl. Prac. Dec. (CCH) P45,782,
2017 WL 1378932
(United States Court of Appeals for the Second Circuit April 18,
2017, Decided),
available at
MANA 4320.001 Mid-Term Examination
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https://www.supremecourt.gov/oral_arguments/audio/2019/17-
1618
https://www.supremecourt.gov/oral_arguments/argument_transc
ripts/2019/17-1618_b97c.pdf
https://www.supremecourt.gov/oral_arguments/argument_transc
ripts/2019/17-1618_b97c.pdf
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWJ-XKN1-JNY7-
X49S-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWJ-XKN1-JNY7-
X49S-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
pleadings-motions&id=urn:contentItem:5WWJ-XKN1-JNY7-
X49S-00000-00&context=1516831
https://advance.lexis.com/api/document?collection=briefs-
100. Empl. Prac. Cas. (BNA) 1245, 102 Empl. Prac. Dec. (CCH)
P45,990, 2018 WL
1040820 (United States Court of Appeals for the Second Circuit
February 26,
2018, Decided), available at
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5R
RK-FB71-FCSB-S000-00000-00&context=1516831.
Additional Primary-Source Materials
• Several Amicus briefs available at
https://uta.instructure.com/courses/18815/modules/178493 and
in the Nexis Uni
database, available at https://libguides.uta.edu/az.php?a=n.
• This is a non-fiction question, so the world is your oyster.
Secondary-Source Materials
• This is a non-fiction question, so the world is your oyster.
Prompt
Prompt for QUESTION THREE (Bostock v. Clayton Cty.):
In seven hundred fifty words or fewer, provide a thorough legal
analysis (preferably
using the suggested “IRAC” format) of the legal issue
presented:
101. The issue in Bostock is “[w]hether discrimination against an
employee
because of sexual orientation constitutes prohibited employment
discrimination ‘because of . . . sex’ within the meaning of […]
42 U.S.C. §
2000e-2.”8
8 Initial Brief for Petitioner, Bostock v. Clayton County, 2019
U.S. S. CT. BRIEFS LEXIS 2350, *12 (Supreme Court of the
United States June 26, 2019), available at
https://advance.lexis.com/document?crid=cfb0c6cf-1181-4ab6-
a50c-
244a31325a16&pddocfullpath=%2Fshared%2Fdocument%2Fbri
efs-pleadings-motions%2Furn%3AcontentItem%3A5WHH-
GGT0-0004-J1R4-00000-
00&pdcontentcomponentid=6318&pdpinpoint=PAGE_12_7775
&pdmfid=1516831&pdisurlapi=true.
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https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5NBM-F1B1-F04K-J0BH-00000-
00&context=1516831
https://advance.lexis.com/api/document?collection=cases&id=ur
n:contentItem:5NBM-F1B1-F04K-J0BH-00000-
00&context=1516831
https://advance.lexis.com/api/document?collection=cases&id=ur