Directions 1. Locate a current article (within the last 2 years) from a professional journal (such as Harvard Business Review, Wall Street Journal, etc) that deals with a topic from this unit's chapters. 2. Brief the article and attach it to the post (do not copy and paste the entire article into discussion). Per The Culture For this assignment, you will create a response to an associated reading. Each response will associate this reading with a current event happening within the U.S. You will choose the current event to relate your reading to. Response Guidelines: Each response will consist of the following: -2 pages maximum -1 additional reference -In text citations (references) to the associated article -1 current event discussion (must be an issue currently happening within local, state, or Federal government). -Must address the questions provided by the professor on this instruction sheet. ______________________________________________________________________________ Questions to consider (Please use these questions as headings to section within your response): 1. What is the main event occurring within the reading? 2. What caused these events to occur (historical context? What is the significance of this event? 3. What event currently happening in government, applies to this subject of this article? 4. What lesson can we learn from this time in history? Additional Guiltiness: -12-point word size -Times New Roman font -Must include a reference page -Must be submitted via eCampus PLEASE ask, if you have any questions concerning this assignment. I am here to help. 396 Part IV Business Management and Governance Chapter 19 Management of Employee Welfare 395 CHAPTER 19 MANAGEMENT OF EMPLOYEE WELFARE For up-to-date legal and ethical news, go to mariannejennings.com. LECTURE OUTLINE Use opening CONSIDER 19.1 to pique students' interest. See Exhibit 19.1 and PowerPoint Slide 19-1 to summarize existing federal laws on employee welfare. 19-1 Wages and Hours Protection 19-1a The Fair Labor Standards Act (FLSA) (See PowerPoint Slides 19-2, 19-3, and 19-4) · Often Called “The Minimum Wage Law” · Coverage · Businesses engaged in interstate commerce · Businesses engaged in production of goods to be shipped in interstate commerce · Businesses engaged in interstate shipping · Expanded to cover business enterprises with gross income of $362,500 or more · Exemptions · Independent contractors · Agriculture, fishing, and domestic service · White‑collar management · Executive, administrative, and professional people · FLSA minimum wage and overtime regulations · Graduate increases in minimum wages · Time-and-one-half pay for overtime (over 40 hours) · White collar, professional, administrative employees are exempt · New rules have created a great deal of ambiguity · Under new Department of Labor regulations, applies to employee ...

1. Directions
1. Locate a current article (within the last 2 years) from a
professional journal (such as Harvard Business Review, Wall
Street Journal, etc) that deals with a topic from this unit's
chapters.
2. Brief the article and attach it to the post (do not copy and
paste the entire article into discussion).
Per The Culture
For this assignment, you will create a response to an associated
reading. Each response will associate this reading with a current
event happening within the U.S. You will choose the current
event to relate your reading to.
Response Guidelines: Each response will consist of the
following:
-2 pages maximum
-1 additional reference
-In text citations (references) to the associated article
-1 current event discussion (must be an issue currently
happening within local, state, or Federal government).
-Must address the questions provided by the professor on this
instruction sheet.
_____________________________________________________
_________________________
Questions to consider (Please use these questions as headings to

2. section within your response):
1. What is the main event occurring within the reading?
2. What caused these events to occur (historical context? What
is the significance of this event?
3. What event currently happening in government, applies to
this subject of this article?
4. What lesson can we learn from this time in history?
Additional Guiltiness:
-12-point word size
-Times New Roman font
-Must include a reference page
-Must be submitted via eCampus
PLEASE ask, if you have any questions concerning this
assignment. I am here to help.
396
Part IV Business Management and Governance
Chapter 19 Management of Employee Welfare
395
CHAPTER 19
MANAGEMENT OF EMPLOYEE WELFARE
For up-to-date legal and ethical news, go to
mariannejennings.com.
LECTURE OUTLINE
Use opening CONSIDER 19.1 to pique students' interest.
See Exhibit 19.1 and PowerPoint Slide 19-1 to summarize
existing federal laws on employee welfare.

3. 19-1
Wages and Hours Protection
19-1a
The Fair Labor Standards Act (FLSA) (See PowerPoint Slides
19-2, 19-3, and 19-4)
· Often Called “The Minimum Wage Law”
· Coverage
· Businesses engaged in interstate commerce
· Businesses engaged in production of goods to be shipped in
interstate commerce
· Businesses engaged in interstate shipping
· Expanded to cover business enterprises with gross income of
$362,500 or more
· Exemptions
· Independent contractors
· Agriculture, fishing, and domestic service
· White‑collar management
· Executive, administrative, and professional people
· FLSA minimum wage and overtime regulations
· Graduate increases in minimum wages

4. · Time-and-one-half pay for overtime (over 40 hours)
· White collar, professional, administrative employees are
exempt
· New rules have created a great deal of ambiguity
· Under new Department of Labor regulations, applies to
employees who work 40 hours/week and earns $47,476/year or
less
FOR THE MANAGER'S DESK – HOW UBER, LYFT, HOME
HEALTH CARE, AND NEW BUSINESS MODELS ARE
CHANGING EMPLOYMENT LAW: Discuss IRS standards and
the types of factors that influence independent contractor status
and multiple-employer situations.
· FLSA and Child Labor Provisions (See PowerPoint Slide 19-5)
· Age 18 and over – any jobs
· 16‑17 – any nonhazardous job (hazardous – mining, logging,
roofing, excavation)
· 14‑15 – any nonhazardous, nonmanufacturing, and nonmining
job during nonschool hours; limits on hours
· Recordkeeping – employers must keep records of hours and
wages; fines for not doing so
· Child actors are subject to strict Screen Actors Guild rules
FOR THE MANAGER'S DESK – MANAGING AND PAYING
INTERNS: Discuss with the students the various holdings and
combine the discussion with the ethical issues. Some questions
to ask on these two features:
Why do internships exist?
What are the benefits for the company?

5. For the students?
What about internships for academic credit?
What about the long hours?
What effect will the litigation have on internships going
forward?
· Enforcement of FLSA (See PowerPoint Slide 19-6)
· Can begin by complaint filed with U.S. Labor Department
· Employer can seek interpretation from Department of Labor
· Labor Department can initiate its own investigation
· Penalties for FLSA Violation (See PowerPoint Slide 19-7)
· Fines – $10,000 first conviction
· $10,000 and/or six months for second violation
· Employees can't be fired for reporting violations
· Liability for FLSA Violation
· Corporation is liable
· Officers can be held individually liable
See PowerPoint Slide 19-8.
CASE BRIEF 19.1
Chao v. Hotel Oasis, Inc.
493 F.3d 26 (1st Cir. 2007)
FACTS: Hotel Oasis, Inc. operates a hotel and restaurant in
southwestern Puerto Rico. Dr. Lionel Lugo-Rodríguez (Lugo) is

6. the president of the corporation, runs the hotel, and manages its
employees. Oasis's records show that between October 3, 1990
and June 30, 1993, employees were paid less than minimum
wage, were not paid for training time or meetings held during
non-working hours, were paid in cash “off the books,” and were
not paid correctly for overtime. Oasis also maintained two sets
of payroll records for the same employees, covering the same
time periods, one showing fewer hours at a higher rate, and the
other showing more hours at a sub-minimum wage rate. Lugo
maintains that the two sets of books were necessary, one for
temporary employees and one for permanent employees.
On April 5, 1994, the Secretary of Labor (the “Secretary”) filed
a complaint in the United States District Court for the District
of Puerto Rico against Oasis and Lugo (“Defendants”), alleging
violations of the minimum wage, overtime, and recordkeeping
provisions of the Fair Labor Standards Act (“FLSA”). The
Secretary also sought liquidated damages.
After years of litigation, On June 21, 2005, the district court
ordered Oasis to pay $141,270.64 in back wages and an equal
amount in liquidated damages to 282 current and former
employees. The court also found Lugo personally liable for the
back wages and penalties. Lugo and Oasis appealed.
ISSUE ON APPEAL: Was a finding of an FLAS violation
correct? Can an officer be held liable for such violations?
DECISION: Yes. Oasis and Lugo are both liable. The
violation was willful, as evidenced by the two sets of books.
Also, Lugo was in a position of control. He was an owner and
did much of the managing. Under those circumstances he would
be personally liable. Under the FLSA, an “employer” is “any
person acting directly or indirectly in the interest of an
employer in relation to an employee.” The First Circuit has
followed the Supreme Court's lead in interpreting this definition

7. pursuant to an “economic reality” analysis. Accordingly, there
may be multiple “employers” who are simultaneously liable for
compliance with the FLSA.
19-1b
The Equal Pay Act of 1963 (See PowerPoint Slide 19-9)
· Illegal to pay different wages to men and women doing the
same jobs
· Equal Pay Act is not a comparable worth statute
· Comparable worth requires equal pay for jobs that require
equal skill, effort, and responsibility
· Test case came from Washington when a licensed practical
nurse discovered she earned less
than the groundskeeper at a state hospital and less than men
doing similar jobs in the prisons;
trial judge found discrimination and ordered back pay but
decision was later reversed
· Presently, federal standards do not require comparable worth
· Merit and seniority systems are exceptions
19-2
Workplace Safety
19-2a
The Occupational Safety and Health Act (See PowerPoint Slide
19-10)
· Passed to ensure workplace safety precautions
· OSHA was agency created to enforce it

8. · OSHA coverage and duties (See PowerPoint Slide 19-11)
· Employers covered – all with one or more employees
· Basic responsibilities
· Know and follow OSHA's rules
· Inspect for hazards and correct them
· Post employee rights
· Keep records of injuries
· Post OSHA citations
19-2b
OSHA Responsibilities (See PowerPoint Slide 19-12)
· Promulgating rules and safety standards
· Can award variances for certain employers
· Inspections
· Have targeted industries (roofing, lumber)
· Also have random inspections
· Cannot retaliate against employee who notifies OSHA and
requests an inspection
· OSHA search warrant requirement
· Either voluntary or require warrant

9. · Surprise element still preserved even with warrant
· Employees can accompany an OSHA inspector
· Employees can file complaints
· Right to notice if employer applies for variance
· OSHA penalties
· See Exhibit 19.2 and PowerPoint Slides 19-13 and 19-14 –
fine and imprisonment escalate with seriousness of violation
· Citation is first step
· Many employers negotiate a consent decree after a citation
· If no consent decree, there is a hearing before an
administrative law judge (ALJ)
· ALJ makes recommendations and OSHRC decides
· Can then appeal to a court
· State OSHA programs (See PowerPoint Slide 19-15)
· States share responsibility for safety with feds
· Secretary of Labor must approve state’s plan
19-2c
Employment Impairment and Testing Issues (See PowerPoint
Slide 19-16)
If safety is an issue, U.S. Supreme Court has authorized testing

10. 19-3
Employee Pensions, Retirement, and Social Security
19-3a
Social Security
· Social Security Act of 1935 (See PowerPoint Slide 19-17)
· Every employee, who is not an independent contractor,
contributes to Federal Insurance Contributions Act (FICA)
· Benefits under Social Security depend on work and salary
range
FOR THE MANAGER'S DESK – THE GIG ECONOMY
START-UPS: PUMPING THE BRAKES ON INDEPENDENT
CONTRACTORS AND MOVING TO EMPLOYEES: Discuss
the trade-offs in the piece – higher compensation, but no
benefits and no FICA paid in. Less regulation, more control
over your income; deductibility of expenses – less stability;
termination is easier. Flexibility for employees is higher. It is
difficult to impose the old business regulatory model on what
has become a very different business and economic structure.
19-3b
Private Retirement Plans (See PowerPoint Slides 19-18 and 19-
19)
· Employment Retirement Income Security Act (ERISA)
· Coverage of ERISA: applies to employers in interstate
commerce
· Applies to medical, retirement, or deferred income plan

11. · Requirements under ERISA
· Must give employees an annual report
· Must disclose loans made from the fund
· ERISA does not require pension plans; it only regulates
employers who offer them; levels of responsibility have caused
some employers to drop the plans
· Employee rights under ERISA: get vesting rights in their
pensions
· FASB 106, Retirees and Pensions – Requires corporation to
expense cost of benefits for retired employees
· Pension Protection Act of 2006 (See PowerPoint Slide 19-20)
· Imposes new funding requirements
· New disclosure requirements
19-3c
Unemployment Compensation (See PowerPoint Slide 19-21)
· Benefits provided
· States determine amount
· States’ rules on minimum and maximum
· States’ rule on length
· Qualifying for benefits
· Must have been involuntarily terminated

12. · Must be able and available for work
· Must be seeking employment
19-4
Workers’ Compensation Laws
· Compensation for Work‑Related Injuries
· Principles of Workers’ Compensation (See PowerPoint Slides
19-22 and 19-23)
· Employees injured in scope of employment are covered
· Fault is immaterial
· Independent contractors are not covered
· Benefits include expenses, lost wages, and injury
compensation
· Employees do not have right of common law suit
· Third parties can be sued to indemnify employers
· Administrative agency handles program
· Every employer must carry insurance or be self‑insured
19-4a
Employee Injuries (See PowerPoint Slide 19-24)
· Primarily accidental injuries covered
· Definition has been expanded
· Back problems from lifting

13. · Medical problems – heart attacks and nervous breakdowns
· Stress
· Co-worker injury
· Covered if arises in scope of employment
· Issue of rape is a problem; employer can be sued for the
failure to screen employees adequately
19-4b
Causation and Worker's Compensation
19-4c
Fault is Immaterial
In workers’ comp fault is immaterial (employee can even
disobey instructions and be compensated)
19-4d
Employees versus Independent Contractors
Independent contractors are not covered

14. 19-4e
Benefits (See PowerPoint Slide 19-25)
· Lost wages
· Medical expenses
· Disability benefits
· Partial disability – listed on schedule by rate
Example: 50 percent of wages
· Total disability – generally 2/3 of salary
· Unscheduled injuries are determined by board
· Death benefits paid to family
19-4f
Forfeiture of the Right to Suit
Benefits in lieu of suing employer
19-4g
Third-Party Suits (See PowerPoint Slide 19-26)

15. Can sue product manufacturers, other third parties, but recovery
must first go to reimburse employer
19-4h
Administrative Agency
Each state has an administrative agency for administration of
benefits and insurance
19-4i
Insurance
· Employers must have some form
· Self-insurance
· Private insurance
· State fund insurance
See PowerPoint Slide 19-27.
CASE BRIEF 19.2
Hopkins v. Uninsured Employers' Fund
251 P.3d 118 (Mont. 2011)

16. FACTS: Great Bear Adventures (the Park), is located near West
Glacier, Montana. Visitors to the Park enjoy a drive-thru
experience of bears in their natural habitat. Russell Kilpatrick
owns the Park and lives on adjacent property. Brock Hopkins
began working there in 2002, doing various tasks, including
maintenance and feeding the bears. In the past, some workers
have been known to smoke marijuana on the premises. Although
Kilpatrick professed to not condone marijuana use by workers,
testimony established that he had smoked marijuana at the Park
in the past, and on occasion had done so with Hopkins.
On November 2, 2007, Hopkins smoked marijuana on his way
into work. When he arrived, Kilpatrick told Hopkins to raise the
boards on the Park's front gates so they would not freeze to the
ground. Hopkins asked Kilpatrick if he should feed the bears as
well. Testimony regarding Kilpatrick's answer conflicted.
However, the Workers’ Compensation Commission (WCC)
ultimately found that Kilpatrick never told Hopkins not to feed
the bears.
After completing work on the gates, Hopkins returned to
Kilpatrick's house. Kilpatrick was asleep inside. Hopkins mixed
food for the bears and used Kilpatrick's truck to drive into the
Park. He entered the bears' pen and began to place food out. At
some point while Hopkins was working, the largest bear, Red,
attacked him. The bear knocked Hopkins to the ground, sat on
him, and bit his leg, knee and rear-end. While this was
occurring, another bear, Brodie, came up from behind, and bit
Red. In response, Red moved off of Hopkins momentarily, and
Hopkins escaped by crawling under one of the electrified wires
surrounding the pen. Kilpatrick eventually found Hopkins, and
he was transported to the hospital by helicopter. He suffered
severe injuries.
Kilpatrick did not carry workers' compensation insurance.
Hopkins petitioned the WCC for workers' compensation benefits

17. from the Uninsured Employers' Fund. Both the Uninsured
Employers' Fund and Kilpatrick opposed Hopkins' petition.
DECISION BELOW: The WCC found for Hopkins, concluding
that (1) Hopkins was employed by Kilpatrick at the time of
Hopkins' injuries, (2) Hopkins was in the course and scope of
his employment at the time of his injuries, (3) marijuana use
was not the major contributing cause of Hopkins' injuries, and
(4) Hopkins was not performing services in return for aid or
sustenance only. Kilpatrick appealed.
ISSUES ON APPEAL: (1) Whether Hopkins was employed by
Kilpatrick at the time of Hopkins' injuries, (2) whether Hopkins
was in the course and scope of his employment at the time of
his injuries, (3) whether marijuana use was not the major
contributing cause of Hopkins' injuries, and (4) whether
Hopkins was not performing services in return for aid or
sustenance only. Affirmed.
19-4j
Problems in Workers’ Compensation Systems (See PowerPoint
Slide 19-28)
· Extent of injuries covered
· Fraud
· Nature of injuries changing from manufacturing injuries to
stress, heart disease, and repetitive motion
· Long-term hazards
· Relationship between Americans with Disability Act and
workers’ compensation

18. 19-5
Statutory Protections of Employees Through Labor Unions
History and Development of Labor Legislation (See PowerPoint
Slide 19-29)
19-5a
Norris‑LaGuardia Act of 1932 (Anti‑Injunction Act) (See
PowerPoint Slide 19-30)
· Stopped federal courts from issuing injunctions to stop union
strikes
· Some exceptions:
· Violence
· Lack of control – harm to public
19-5b
The Wagner Act
· National Labor Relations Act (NLRA) of 1935
· Gave employees the right to unionize
· Prohibited employers from firing or discriminating against
union members
· Established NLRB
· Created to conduct union election
· Created to remedy unfair labor practices

19. 19-5c
The Taft‑Hartley Act: The Labor-Management Relations Act of
1947 (See PowerPoint Slide 19-31)
· Lists unfair labor practices for unions
· Addresses secondary boycotts
· Provides president with authority to have prestrike cooling‑off
period when public health and safety are at issue; has been used
in coal and transportation strikes
19-5d
The Landrum‑Griffin Act: The Labor Management Reporting
and Disclosure Act of 1959 (See PowerPoint Slide 19-32)
· Regulates union officials
· Gives union members a bill of rights
· Establishes penalties for misconduct
19-5e
Union Organizing Efforts and Social Media
19-5f
Employers are Accountable for Employee Electronic Content
(See PowerPoint Slide 19-33)

20. · Employers are responsible for what employees post – privacy
and harassment issues arise
· What employees write can be used to build a case against the
company on issues – as with Standard & Poor’s problems with
analysts and ratings
19-5g
Employer Monitoring: What is Legal?
· Electronic Communications Privacy Act of 1986 (See
PowerPoint Slide 19-34)
· Prohibits unauthorized access of “live” communications
· Question is whether e-mail would be stored communication
and not live communications
· Stored Communication Act
· Prohibits the unauthorized interception of electronic
communications – generally means stored information
· Does not cover ongoing communication – Tweeting, etc.
· Courts have consistently held that employees give consent to
monitoring by their employers
See PowerPoint Slide 19-35.
BUSINESS PLANNING TIP (Social Media Policies): Go over
the tips on what employers should know about social media
policies.

21. 19-5h
Employers’ Right of Access to Employee E-Mails (See
PowerPoint Slides 19-36 and 19-37)
· Employers can monitor
· Generally employees are required to sign a statement
acknowledging employer right of access
· Covers e-mails marked private, etc.
· Covers use of personal devices for work e-mail
19-5i
E-Mail and NLRA Issues
19-5j
The Unionization Process
· Right to unionize
· Selecting a union (See PowerPoint Slide 19-38)
· Once selected, union represents all employees
· Collective bargaining unit determined
· Can be a plant
· Can be workers doing same job in a company
· NLRB decides based on:
· Type of union

22. · Duties, wages, and skills of employees
· Relationship to employer
· Wishes of employees
· Petition, cards, and vote
· Petition for union representation filed
· Must be supported by signed, dated authorization cards from
30 percent of unit
· Cards must be signed willingly
· Election: NLRB monitors
· Restrictions on what employer can do just prior to election and
during campaign
· Unions are subject to reasonable employer rules
See PowerPoint Slide 19-39.
CASE BRIEF 19.4
United Food and Commercial Workers Union Local 24 v. NLRB
506 F.3d 1078 (D.C. Cir. 2007)
FACTS: In March, 1999, United Food and Commercial
Workers’ Union (UFCW) attempted to organize a Smithfield
Foods meatpacking plant in Wilson, North Carolina. After a
three-month campaign, the union lost the election.
The union filed a series of unfair labor practice charges against
Smithfield, alleging that the company’s antiunion campaign had
tainted the election. An administrative law judge (ALJ) found
that Smithfield executives violated NLRA section 8(a)(1) by
threatening to close the company’s Wilson plant if workers

23. unionized.
DECISION BELOW: On review, the NLRB found for Smithfield
on the issues of threatened plant closure. The union appealed
the NLRB’s dismissal of the unfair labor practice charges.
ISSUE: Were the statements made by Smithfield an unfair labor
practice?
DECISION: The court held that the statements were not untrue
or unfair and were within the scope of management’s ability to
respond to proposed unionization.
19-5k
Union Contract Negotiations (See PowerPoint Slides 19-41 and
19-42)
· Try to get employer contract – collective bargaining
agreement
· Good faith bargaining required – 8(d) of NLRA
· Subject matter of good-faith bargaining
· Mandatory or compulsory subject matters
· Wages
· Hours
· Overtime
· Vacation
· Leaves
· Pay days

24. · Insurance
· Pensions
· Seniority
· Two‑tier wage structure has been an issue in sports and air
pilots’ negotiations
See Exhibit 19.3 and PowerPoint Slide 19-43 for list of usual
topics in collective bargaining.
· Permissive subjects for collective bargaining
· Strike roles
· Not unfair to refuse to bargain it
· Cannot bargain away statutory rights
Example: Cannot agree to have a closed shop (refusing to hire
nonunion people)
· Failure to bargain in good faith
· Constitutes an unfair labor practice
· Can be the basis of a charge and complaint
· Cover e-commerce and the use of e-mail for organizing

25. 19-5l
Protected Concerted Activities (See PowerPoint Slide 19-44)
· Union Economic Pressure
· NLRA gives union right to engage in concerted activities
· Public advertisements – permitted
· Picketing – legal
· The strike – legal economic weapon
· The shareholders
· Unions have contacted shareholders for clout
· Allowed shareholders to bring public attention to the issues
19-5m
Unfair Employee Practices (See PowerPoint Slide 19-45)
· Slowdown
· Not a strike or stoppage
· Employees refuse to do certain work or use certain equipment
· Featherbedding
· Payment for work not actually done
· Unfair labor practice
19-5n
Employer Rights (See PowerPoint Slide 19-46)

26. Freedom of speech: can explain their position to employees
(See Exhibit 19.4 and PowerPoint Slides 19-47 and 19-48,
“Management Do’s and Don’ts”, to explain what can and cannot
be done)
19-5o
Right‑to‑Work Laws
· Prohibit closed shops
· Shops requiring union membership
19-5p
Economic Weapons of Employers (See PowerPoint Slides 19-49
and 19-50)
· Plant and business closings
· Congress has passed a plant closing law
· Many state and local governments have them as well
· Laws require notice and time frame before plant is closed
· Designed to eliminate shock to local economy
· Federal law is the Worker Adjustment and Retraining
Notification Act of 1988
· Applies to employers with 100 or more workers
· Must give 60 days advance notice of closing that will affect 50

27. or more workers
· Must give 60 days notice of layoff that will affect 1/3 or more
of work force for six months or more
· Some exceptions such as unforeseeable circumstances and
seasonal businesses and construction
· Penalties include back pay and benefits and fines of $500 per
day for each day notice not given
· Cannot use temporary closing or send work away (runaway
shops)
· Plant flight – legal if there are economic reasons for
transferring work
· Lockout – legal for economic reasons; legal to prevent strike
but not to prevent union certification
· Conferring benefits – a violation if done temporarily
· Bankruptcy – legal
See Exhibit 19.5 and PowerPoint Slides 19-51 and 19-52 to
summarize weapons and rights of employers and employees.
19-6
International Issues in Labor
19-6a
Immigration Laws (See PowerPoint Slide 19-53)
· Immigration and Naturalization Act
· Immigration Reform and Control Act of 1986

28. · Illegal Immigration Reform and Immigrant Responsibility Act
of 1996
· Antiterrorism and Effective Death Penalty Act
· Increased types and numbers of crimes that were grounds for
deportation
· Decreased defense to deportation
· Department of Homeland Security has reported an increase in
deportation
· Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA
Patriot Act) (See PowerPoint Slide 19-54)
· Homeland Security Act of 2002
· Created Department of Homeland Security
· Immigration controlled here
· Toughened security checks
· Require more employer vigilance on I-9s and hiring
immigrants
· American Competitiveness in the Twenty-First Century Act of
2000
· Restrictions on laying off U.S. workers
· 90-days after hiring immigrants
FOR THE MANAGER’S DESK − THE HIGH COST OF THE
FAILURE TO COMPLY WITH U.S. IMMIGRATION LAWS:

29. Discuss with the students the costs to the company of not
following immigration law and taking action to make sure their
employees’ documentation was in order. Discuss the economic
issues behind the managers’ decisions and actions. Discuss how
criminal liability for the managers is possible.
· American Competitive and Workforce Investment Act of 1998
· American Competitiveness in the Twenty-First Century Act of
2000
19-6b
Working Conditions and International Labor Law (See
PowerPoint Slide 19-55)
· Moving to arbitration – Labor Management Cooperation Act –
mediation as an alternative
· Moving to international plants to avoid labor problems
· Teams approach by companies has effect of mixing labor and
management; breaks down union segregation
· Foreign wage competition has moved jobs to Mexico
19-6c
Sample International Standards
· International Covenant on Economic, Social, and Cultural
Rights
· International Labour Organization (ILO)
· National Labor Committee (NLC)

30. 19-6d
The Risks of International Suppliers
· Quality of goods produced
· Safety issues in production plants
· Wage issues in production plants
19-6e
New Trends in Managing International Wage and Safety
Standards
· The issues of sweatshops, Nike, and the new code of labor
standards
· Discuss with students the imposition of ethical standards of
retailers onto sellers through pressure from customers (who
perhaps don’t want to pay more). The image-sensitive retailers
are held captive to an agenda and forced to change.
· Discuss the proposed code
· Discuss U.S. Department of Labor standards
BIOGRAPHY: KILLER WHALES, WORKPLACE SAFETY,
AND UNENDING LITIGATION
Have the students make a list of all the types of suits SeaWorld
has faced and have them think about the costs of those suits.
Discuss their views on whales in captivity. Discuss the issue of
the release of the video tape that showed the death of the
trainer. Did public pressure cause SeaWorld to change its
business model?
SUPPLEMENTAL READINGS – Not Required

31. Aalders, Marius and Ton Wilthagen, “Moving Beyond
Command-and-Control: Reflexivity in the Regulation of
Occupational Safety and Health and the Environment,” 19 LAW
& POL’Y 415 (1997).
Arnow-Richman, Rachel, “Cubewrap Contracts: The Rise of
Delayed Term, Standard Form Employment Agreements,” 49
ARIZ. L. REV. 637 (2007).
Aron, Martin W. and Richard M. DeAgazio, “The Four-Headed
Monster: ADA, FMLA, OSHA, and Workers’ Compensation,”
46 LABOR L. J. 48 (1995).
Ash, Michael and Jean Ann Seago, “The Effect of Registered
Nurses' Unions on Heart-Attack Mortality,” 157 INDUS. &
LAB. REL. REV. 422 (April 2004).
Avery, Peter, “The Diluted Equal Pay Act: How Was it
Broken? How Can it Be Fixed?,” 56 RUTGERS L. REV. 849
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381
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