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Must be 250+ words EACH question plus reference pertaining
to uploaded file.
**DO NOT BID IF CANNOT COMPLETE ON TIME**
1. Is this a violation of the EPA? What about Title VII? If you
cannot take a position, stipulate what specific additional
information you need.
Use to Complete Work.pdf
2. Conduct a Web search to determine whether you can find pay
data that are relevant to the claims in the letter. The legal
implications aside, what should Dr. Boseman do?
3. Does Ms. Kate have a case?
578
Appendix A / Critical Thinking Applications
Dear Dr. Boseman:
The purpose of this letter is to request an assess-
ment of my salary in the context of my performance
and responsibilities and the salary levels that have
been set for three staff members recently hired by the
Counseling Center. In the past year, the Center hired
one male Ph.D. at $10,000 more than I earn and two
unlicensed counselors (both male) at almost my identi-
cal salary rate.
I believe my salary is extremely low given the
following facts: (1) My job performance has been
rated at the highest level for all six years I have been
on staff; (2) the recently hired Ph.D., a male, had no
experience and performs the identical work I perform;
(3) the recently hired M.Ed., a male, who is paid at the
same level as I, had no experience in counseling. As
you know, with the exception of the referrals to which I
refer below, assignments of clients to staff members are
based strictly on space available and not the possession
of a particular staff member’s credentials.
While I recognize that credentials do translate into
higher salaries for persons performing identical work,
so too do other credentials such as the possession of an
applicable license and qualifications and experience in
supervising graduate student interns. I receive no ad-
ditional compensation for this license despite the fact
that it enables me to supervise interns while the two
Master’s level associates hired do not possess such a
license and thus cannot (and do not) supervise students.
I have supervised graduate students since 1997. In ad-
dition, I have a Master’s in Social Work (MSW), a ter-
minal degree that, as a credential, has far more external
marketability than the degrees possessed by the two
new hires.
I am also the designated specialist who receives all
referrals from the county regarding sexual assault and
rape. I have had to use my expertise in this highly sensi-
tive area on several occasions.
Rational (and legal) compensation systems set and
adjust pay levels based on a number of factors, including
the credentials, experience, supervisory responsibilities,
and, of course, the job performance of the incumbents.
Based on these factors, my salary is difficult to explain,
especially when compared to the new staff of the
Counseling Center.
Thank you for considering these issues. I look
forward to your response. Ms. Julia Kate
Assignment
Write a one-page position paper. Is this a violation of the
EPA? What about a Title VII violation? Does Ms. Kate
have a case? If Dr. Boseman feels Ms. Kate has an EPA
case, can he reduce the pay of the newly hired PhD to match
Ms. Kate’s salary to erase the problem? Does it matter
that the Counseling Center hired the male PhD 8 months
ago? If so, how is this relevant in a Title VII claim? If
you cannot take a position on the allegations, stipulate
what specific additional information you need to reach
a conclusion. The legal implications aside, what should
Dr. Boseman do?
financial consequences if their behavior (or lack of it)
hurt their firm. Liability insurance for this provision
is now available. To what extent does insuring
against “clawback” subvert the point of the law?
Conduct research on the law and determine
whether there are any new studies that have assessed
the effects of the new law. Section 954 of the Dodd-
Frank Act requires national securities exchanges
(meaning, for instance, the NYSE, Amex, and
Nasdaq) to adopt rules as directed by the SEC. The
rules will require issuers to develop and implement a
policy providing for disclosure of an issuer’s policy
on incentive compensation that is based on financial
information required to be reported under securities
laws, and that, if an accounting restatement is
prepared, the issuer will recover any excess incentive-
based compensation from any current or former
executive officer who received such incentive-based
compensation in the 3 preceding years.
4. Should “say on pay” be mandatory for all executive
pay packages? Should corporate boards alone
continue to make decisions with respect to executive
pay packages or should consent of a majority of
shareholders be required? Suggest one or two
advantages and disadvantages.
5. Do you agree with the recommendation to require full
disclosure regarding pay consultants? Explain your
answer.
6. What about the argument that CEO pay is no more
out of line than the compensation of movie stars or
star athletes?
*Contributed by Harry Schwartz and John Bernardin.
1 Crystal, G. (1991). In search of excess (p. 3). New York,
NY: Norton.
2 Retrieved from
http://www.aflcio.org/corporatewatch/paywatch/ ; See also,
Morgenson, G. (2011, June 18). Paychecks as big as Tajikistan.
The New York
Times online.
3 Rich, F. (2010, March 21). Obama, Lehman and ‘The
Dragon Tattoo.’ The
New York Times on line.
http://www.nytimes.com/2010/03/21/opinion/21rich
.html?scp=1&sq=Obama,%20Lehman%20and%20%E2%80%98T
he%20
Dragon%20Tattoo%E2%80%99%20&st=cse
4 Bebchuk, L., Cohen, A. & Spamann, H. (2010). The wages
of failure: Executive
compensation at Bear Stearns and Lehman 2000–2008. Yale
Journal on
Regulation, 27, 257–282.
5 Retrieved from
http://www.accountingobserver.com/Reports/tabid/59/Default
.aspx S.&P. 500 Executive Pay: Bigger Than . . . Whatever You
Think It Is
6 Morgenson, G. (2009, August 15).The Quick Buck Just Got
Quicker. The
New York Times on line.
http://www.nytimes.com/2009/08/16/business/16gret
.html?pagewanted=all
7 Equilar (2010). 2010 Clawback policy report: An analysis
of compensation
recovery policies at Fortune 100 companies . Available at
www.Equilar.com .
8 Finger, R. B. (2011, October 25).Why America’s highest
paid CEOs are insanely
overpaid.
http://www.forbes.com/sites/christopherhelman/2011/10/25/why
-
americas-highest-paid-ceos-are-insanely-overpaid/
9 Ibid.
Critical Thinking Application 10-B
Illegal Pay Discrimination, Bad Pay Policy,
or Both?
The following letter was written by Ms. Julia Kate, a female
associate, and addressed to the director of the clinical
counseling center.
ber29163_appa_553-588.indd 578ber29163_appa_553-
588.indd 578 24/02/12 11:09 AM24/02/12 11:09 AM

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Must be 250+ words EACH question plus reference pertaining to uplo.docx

  • 1. Must be 250+ words EACH question plus reference pertaining to uploaded file. **DO NOT BID IF CANNOT COMPLETE ON TIME** 1. Is this a violation of the EPA? What about Title VII? If you cannot take a position, stipulate what specific additional information you need. Use to Complete Work.pdf 2. Conduct a Web search to determine whether you can find pay data that are relevant to the claims in the letter. The legal implications aside, what should Dr. Boseman do? 3. Does Ms. Kate have a case? 578 Appendix A / Critical Thinking Applications Dear Dr. Boseman: The purpose of this letter is to request an assess- ment of my salary in the context of my performance and responsibilities and the salary levels that have been set for three staff members recently hired by the Counseling Center. In the past year, the Center hired
  • 2. one male Ph.D. at $10,000 more than I earn and two unlicensed counselors (both male) at almost my identi- cal salary rate. I believe my salary is extremely low given the following facts: (1) My job performance has been rated at the highest level for all six years I have been on staff; (2) the recently hired Ph.D., a male, had no experience and performs the identical work I perform; (3) the recently hired M.Ed., a male, who is paid at the same level as I, had no experience in counseling. As you know, with the exception of the referrals to which I refer below, assignments of clients to staff members are based strictly on space available and not the possession of a particular staff member’s credentials. While I recognize that credentials do translate into higher salaries for persons performing identical work, so too do other credentials such as the possession of an applicable license and qualifications and experience in
  • 3. supervising graduate student interns. I receive no ad- ditional compensation for this license despite the fact that it enables me to supervise interns while the two Master’s level associates hired do not possess such a license and thus cannot (and do not) supervise students. I have supervised graduate students since 1997. In ad- dition, I have a Master’s in Social Work (MSW), a ter- minal degree that, as a credential, has far more external marketability than the degrees possessed by the two new hires. I am also the designated specialist who receives all referrals from the county regarding sexual assault and rape. I have had to use my expertise in this highly sensi- tive area on several occasions. Rational (and legal) compensation systems set and adjust pay levels based on a number of factors, including the credentials, experience, supervisory responsibilities, and, of course, the job performance of the incumbents.
  • 4. Based on these factors, my salary is difficult to explain, especially when compared to the new staff of the Counseling Center. Thank you for considering these issues. I look forward to your response. Ms. Julia Kate Assignment Write a one-page position paper. Is this a violation of the EPA? What about a Title VII violation? Does Ms. Kate have a case? If Dr. Boseman feels Ms. Kate has an EPA case, can he reduce the pay of the newly hired PhD to match Ms. Kate’s salary to erase the problem? Does it matter that the Counseling Center hired the male PhD 8 months ago? If so, how is this relevant in a Title VII claim? If you cannot take a position on the allegations, stipulate what specific additional information you need to reach a conclusion. The legal implications aside, what should Dr. Boseman do? financial consequences if their behavior (or lack of it) hurt their firm. Liability insurance for this provision
  • 5. is now available. To what extent does insuring against “clawback” subvert the point of the law? Conduct research on the law and determine whether there are any new studies that have assessed the effects of the new law. Section 954 of the Dodd- Frank Act requires national securities exchanges (meaning, for instance, the NYSE, Amex, and Nasdaq) to adopt rules as directed by the SEC. The rules will require issuers to develop and implement a policy providing for disclosure of an issuer’s policy on incentive compensation that is based on financial information required to be reported under securities laws, and that, if an accounting restatement is prepared, the issuer will recover any excess incentive- based compensation from any current or former executive officer who received such incentive-based compensation in the 3 preceding years. 4. Should “say on pay” be mandatory for all executive
  • 6. pay packages? Should corporate boards alone continue to make decisions with respect to executive pay packages or should consent of a majority of shareholders be required? Suggest one or two advantages and disadvantages. 5. Do you agree with the recommendation to require full disclosure regarding pay consultants? Explain your answer. 6. What about the argument that CEO pay is no more out of line than the compensation of movie stars or star athletes? *Contributed by Harry Schwartz and John Bernardin. 1 Crystal, G. (1991). In search of excess (p. 3). New York, NY: Norton. 2 Retrieved from http://www.aflcio.org/corporatewatch/paywatch/ ; See also, Morgenson, G. (2011, June 18). Paychecks as big as Tajikistan. The New York Times online. 3 Rich, F. (2010, March 21). Obama, Lehman and ‘The Dragon Tattoo.’ The New York Times on line.
  • 7. http://www.nytimes.com/2010/03/21/opinion/21rich .html?scp=1&sq=Obama,%20Lehman%20and%20%E2%80%98T he%20 Dragon%20Tattoo%E2%80%99%20&st=cse 4 Bebchuk, L., Cohen, A. & Spamann, H. (2010). The wages of failure: Executive compensation at Bear Stearns and Lehman 2000–2008. Yale Journal on Regulation, 27, 257–282. 5 Retrieved from http://www.accountingobserver.com/Reports/tabid/59/Default .aspx S.&P. 500 Executive Pay: Bigger Than . . . Whatever You Think It Is 6 Morgenson, G. (2009, August 15).The Quick Buck Just Got Quicker. The New York Times on line. http://www.nytimes.com/2009/08/16/business/16gret .html?pagewanted=all 7 Equilar (2010). 2010 Clawback policy report: An analysis of compensation recovery policies at Fortune 100 companies . Available at www.Equilar.com . 8 Finger, R. B. (2011, October 25).Why America’s highest paid CEOs are insanely overpaid. http://www.forbes.com/sites/christopherhelman/2011/10/25/why - americas-highest-paid-ceos-are-insanely-overpaid/
  • 8. 9 Ibid. Critical Thinking Application 10-B Illegal Pay Discrimination, Bad Pay Policy, or Both? The following letter was written by Ms. Julia Kate, a female associate, and addressed to the director of the clinical counseling center. ber29163_appa_553-588.indd 578ber29163_appa_553- 588.indd 578 24/02/12 11:09 AM24/02/12 11:09 AM