23 Jan Compliance and the HR Functions

MGT516 Legal Implications in Human Resource Management

Module 3 Case

EMPLOYEE RIGHTS/SAFETY

Assignment Overview

(Signature Assignment: Critical Thinking, Introduced Level)

Compliance and the HR Functions

Before starting this assignment, be sure that you are familiar with what is meant by “critical thinking.”

Critical thinking is one of the five key rubric criteria by which your assignments are graded. Therefore, you are expected to demonstrate evidence of critical thinking in all assignments. For an overview of critical thinking, first read the Kurland article and then review the chart and watch the video:

What is Critical Thinking? (2012) Retrieved from https://www.youtube.com/watch?v=9oAf3g5_138

Foundation for Critical Thinking (2015). Our Concept and Definition of Critical Thinking. Retrieved from http://www.criticalthinking.org/pages/our-concept-of-critical-thinking/411

Kurland, D. (2000). What is critical thinking? Critical Reading. Retrieved from http://www.criticalreading.com/critical_thinking.htm

Educational Technology and Mobile Learning. (2014) A must-have chart featuring critical thinking skills. Retrieved from http://www.educatorstechnology.com/2013/05/a-must-have-chart-featuring-critical.html

For this assignment, review the following:

HR Hero. (2017). Employment at Will. Retrieved from http://topics.hrhero.com/employment-at-will-and-employment-law/

HR Hero. (2017). Immigration Reform and Control Act (IRCA). Retrieved from http://topics.hrhero.com/immigration-reform-and-control-act-irca/

HR Hero. (2017). USERRA (The Uniformed Services Employment and Reemployment Rights Act). http://topics.hrhero.com/userra-uniformed-services-employment-and-reemployment-rights-act/

Boundless. (n.d.) Chapter 7, Section 3.Core Functions of Human Resource Management.In Management. Retrieved at https://www.boundless.com/management/textbooks/boundless-management-textbook/human-resource-management-7/core-functions-of-human-resource-management-58/

Case Assignment

You will explore the topics below and how they impact the private sector (not the public sector) workplace.

Topics:

• Employment at Will Doctrine

• Immigration Reform and Control Act (IRCA)

• USERRA

Address the following in a 4- to 5-page paper (not including the cover page, references page and Appendix), supporting your arguments with citations to sources from the course and your research. (Use at least 5 Trident Online Library sources, plus any applicable background readings to support your discussion.):

1. Provide a half-page summary of each of the topics, Employment at Will Doctrine, IRCA, and USERRA. Include these summaries together in one Appendix at the end of your paper.

2. Consider the major Human Resource Management functions in addressing the following:

a. Examine employment at will and its exceptions. Explain the exception that has had the greatest impact on the private sector workplace.

b. Discuss the one most important change you see is needed to the IRCA, and explain your reasoning.

c. Examine USERRA and detail its positive and negative impacts on the private sector workplace.

Upload your paper by the module due date.

Assignment Expectations

Your paper will be evaluated using the criteria as stated in the Case rubric. The following is a review of the rubric criteria:

• Assignment-Driven: Does the paper fully address all aspects of the assignment? Is the assignment addressed accurately and precisely using sound logic? Does the paper meet minimum length requirements?

• Critical Thinking: Does the paper demonstrate graduate-level analysis, in which information derived from multiple sources, expert opinions, and assumptions has been critically evaluated and synthesized in the formulation of a logical set of conclusions? Does the paper address the topic with sufficient depth of discussion and analysis?

• Business Writing: Is the essay logical, well organized, and well written? Are the grammar, spelling, and vocabulary appropriate for graduate-level work? Are section headings included? Are paraphrasing and synthesis of concepts the primary means of responding, or is justification/support instead conveyed through excessive use of direct quotations?

• Effective Use of Information: Does the submission demonstrate that the student has read, understood, and can apply the background materials for the module? If required, has the student demonstrated effective research, as evidenced by student’s use of relevant and quality (library?) sources? Do additional sources used provide strong support for conclusions drawn, and do they help in shaping the overall paper?

• Citing Sources: Does the student demonstrate understanding of APA Style of referencing by inclusion of proper citations (for paraphrased text and direct quotations) as appropriate? Have all sources (e.g., references used from the Background page, the assignment readings, and outside research) been included, and are these properly cited? Have all sources cited in the paper been included on the References page?

• Timeliness: Has the assignment been submitted to TLC (Trident’s learning management system) on or before the module’s due date?

MGT516 Legal Implications in Human Resource Management

Module 3 SLP

EMPLOYEE RIGHTS/SAFETY

Before starting this assignment be sure you are familiar with the following laws and their amendments:

U.S. Department of Labor. Wage and Hour Division (WHD) (n.d.) The Family and Medical Leave Act (FMLA) Retrieved at https://www.dol.gov/whd/regs/compliance/1421.htm

U.S. Equal Employment Opportunity Commission. Pregnancy Discrimination. Retrieved at https://www.eeoc.gov/laws/types/pregnancy.cfm

U.S. Department of Labor. (n.d.) Americans with Disabilities Act. Retrieved at https://www.dol.gov/general/topic/disability/ada

HR Hero. (2017) Occupational Health and Safety Administration. Retrieved at http://topics.hrhero.com/occupational-safety-and-health-administration-osha/

As you read the following case scenario, consider how the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act, safety laws, or other state laws might apply to this situation.

One of your old college roommates, Sandra, is a nurse who took a job that required her to be able to lift 50 pounds smoothly. She was told the job had this physical strength requirement for patient safety and to ensure that teams of nurses could move patients as needed. Sandra worked for a nursing home chain that employed 900 employees.

Sandra had become pregnant and on her doctor’s advice tried to refrain from lifting 50 pounds. After she kept finding herself in situations at work that required her to do this kind of lifting, she decided to just stay home until the baby was born.

After the baby was born, Sandra went back to work, but her baby developed a medical condition that required her to see doctors frequently. Sandra didn’t have anyone else who could be a “dedicated” caregiver for her baby, so she took leave from work to tend to her child.

When Sandra’s leave was about to expire, she got her daughter’s doctor to write a note in support of extending her leave. The note was not clear and suggested that the doctor thought it would be nice, but not necessary, for mother and child to be together.

Sandra’s manager told her that if Sandra did not want to return to work now, the nursing home would not be able to keep her job open for her any longer. However, he told her she should apply to the company again as a new-hire when she was ready to get back to work.

Prepare a 2- to 3-page paper (not counting the cover and reference pages) that addresses the following:

1. Which laws may apply to protect Sandra’s job? Discuss why.

2. Identify specific impediments that might make it difficult for Sandra to avail herself of these potential protections.

3. Discuss whether or not Sandra’s employer may have opened itself up to legal liabilities and explain your reasoning.

Use at least 2 Trident Online Library sources plus any applicable background readings to support your discussion. Submit your paper by the module due date.

SLP Assignment Expectations

Your paper will be evaluated using the criteria as stated in the SLP rubric. The following is a review of the rubric criteria:

• Assignment-Driven: Does the paper fully address all aspects of the assignment? Is the assignment addressed accurately and precisely using sound logic? Does the paper meet minimum length requirements?

• Critical Thinking: Does the paper demonstrate graduate-level analysis, in which information derived from multiple sources, expert opinions, and assumptions has been critically evaluated and synthesized in the formulation of a logical set of conclusions? Does the paper address the topic with sufficient depth of discussion and analysis?

• Business Writing: Is the essay logical, well organized, and well written? Are the grammar, spelling, and vocabulary appropriate for graduate-level work? Are section headings included? Are paraphrasing and synthesis of concepts the primary means of responding, or is justification/support instead conveyed through excessive use of direct quotations?

• Effective Use of Information: Does the submission demonstrate that the student has read, understood and can apply the background materials for the module? If required, has the student demonstrated effective research, as evidenced by student’s use of relevant and quality (library?) sources? Do additional sources used provide strong support for conclusions drawn, and do they help in shaping the overall paper?

• Citing Sources: Does the student demonstrate understanding of APA Style of referencing by inclusion of proper citations (for paraphrased text and direct quotations) as appropriate? Have all sources (e.g., references used from the Background page, the assignment readings, and outside research) been included, and are these properly cited? Have all sources cited in the paper been included on the References page?

• Timeliness: Has the assignment been submitted to TLC (Trident’s learning management system) on or before the module’s due date?