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Law Public Policy & Business

by: Bud Watsica

Law Public Policy & Business GBL 395

Bud Watsica
GPA 3.67

Harilaos Sorovigas

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Harilaos Sorovigas
Class Notes
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This 2 page Class Notes was uploaded by Bud Watsica on Saturday September 19, 2015. The Class Notes belongs to GBL 395 at Michigan State University taught by Harilaos Sorovigas in Fall. Since its upload, it has received 20 views. For similar materials see /class/207786/gbl-395-michigan-state-university in Law and Legal Studies at Michigan State University.


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Date Created: 09/19/15
Homework 17 amp 18 GBL 395 Homework 17 182 Worker s compensation helps employees since it has removed the burden of having to prove employer negligence It also assists them because they do not have to hire an attorney However worker s compensation bene ts employers by shielding them from personal injury lawsuits The amount of compensation is usually minimal when compared to other lawsuits against the employer 186 One principle that I would keep in mind when drafting an employee privacy policy is de ning times and places where employees should feel a reasonable expectation of privacy It should also cover surveillance policies It would also be bene cial to state an email and phone policy such as what it can be used for along with an acknowledgement clause All of these policies should be posted or made known to employees 187 No Robert should not be able to collect unemployment because he voluntarily quit In some states his voluntary resignation would allow him to still collect unemployment However since his grounds is most likely not compelling he will still not be awarded unemployment compensation 189 I believe that the doctor s actions are unlawful The reason is he continued to listen to the conversation after he realized that it was strictly personal Though he is allowed to monitor conversations he should have stopped once he realized that it was personal According to the text he could be subject to nes up to 10000 1810 I do not believe that the conduct was unlawful First off the employees should not have a reasonable expectation of privacy for oral conversations in the middle of their workplace Also the focus of the conversation is work related since it criticizes the supervisor s style of acting and managing its coworkers For these reasons the behavior was lawful 1811 Yes I believe that the drug test is lawful while the lie detector test is unlawful The drug test should be allowed because it is a preemployment test and does not violate discrimination laws It also helps that the employee was informed ahead of time instead of the test being administered at random The lie detector test is unlawful due to the Employee Polygraph Protection Act which states that it is unlawful to administer such test unless there has been an economic injury to the company or if it for a business dealing with private security or sales of controlled substances Since Ginny will be working for a software company none of these exceptions apply and the test should be deemed unlawful Homework 18 N E N L The male stewards and female stewardess should be considered equal and be paid the same wage for their labor because they are both doing substantially the same job If they provide equal work skill effort responsibility and working conditions for both employees of opposite sex then they should receive equal pay However if the male employee is defined as having more experience education training and ability required doing the job and then the employer reserves the right to pay this individual more Well both the male and female employees are employed at a pharmacy and although their job may seem similar the tasks of each individual varies One deals with narcotic drugs at the counter while the other nonnarcotic The difference in wage could be justified on the grounds that the male workers deal with more extra job duties in the equal work clause of the Equal Pay Act of 1963 Male tailors and female seamstresses should be paid in equal consideration Both job task involve similar duties If one of them deals with further detail in their job tasks then regardless of gender that individual should be compensated for the extra duties The Equal Pay Act was enacted to protect both sexes from pay discrimination based on sex within a business establishment It was primarily designed to remedy the situations in which women working alongside men or replacing men were being paid lower wages for doing substantially the same job An employer found to have violated the act cannot remedy the violation by reducing the higherpaid workers wages or by transferring those of one sex to another job so that they are no long doing equal work A person who has been subject to an Equal Pay Act violation may bring a private action remedy under Section 16b of the act and recover back pay in the amount of the differential paid to members of the opposite sex Ifwage differential is based on a A bona fide seniority system b A bona fide merit system c A pay system based on quality or quantity of output or d Factors other than sex the differential is justified and the employer is not in violation of the act The first three must be enacted in good faith and must be applied to both men and women and in good faith any such system should be written down The fourth factor d presents greater problems Factors such as greater availability of females and their willingness to work for lower wages do not constitute factors other than sex Title VII is the statute that prohibits discrimination in hiring firing or other terms and conditions of employment on the basis of race color religion sex or national origin


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