FBE 428 Principles of Employment Law
Spring 2012
Instructor
Instructor:
Office:
Office Phone:
E-mail:
C. Kerry Fields
ACC 232B
213-740-9307
fields@usc.edu
Lecture Class
Section:
Time:
Location:
Units:
15333R
Mon. & Wed. 10:00 – 11:50 a.m.
VKC 156
4
Office Hours
Mon. & Wed.: 8:30-9:30 a.m.,
12:00-1:30 p.m.
and by appointment
Course Description
This course is designed to provide students with the knowledge and the analytical skills
to recognize and appreciated differences in the increasingly diverse workforce. U.S. and
global employment issues will be addressed. A complete survey of these issues as they
arise from hiring through retirement is presented. Students will study all current topics of
discrimination and diversity that compose the fabric of the American workplace. This
course will review the history of civil rights and equal employment opportunity in the
U.S. It will prepare students to work within diverse workforces and identify potential
issues and solutions to the most common problems encountered within an increasingly
complex and regulated workplace. Students will be engaged in the research and
classroom presentation of equal opportunity issues confronting employers and employees
alike. The purpose of the course is to expose students to the applicable law, regulations
and remedies that arise from the different dimensions of human diversity such as age,
disability, ethnicity, gender, language, race, religion, sexual orientation, and social class.
Social, legal and ethical issues will be discussed throughout the course.
FBE 428 Sp. 2012.rev.01.07.12
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Course Objectives
Human capital is the most valuable of all business assets. Only through its effective
management can an organization become successful. This course teaches students to
effectively manage the human resources within their organizations. These workforces
reflect an increasingly diverse population. A modern survey of the employment
relationship includes three subject areas that are covered in this course: first, the law of
employment relationships (including at will employment, independent contractors, the
1964 Civil Rights Act, the Age Discrimination in Employment Act, the Americans with
Disabilities Act, Occupational Health and Safety Act and various laws relating to
affirmative action, layoffs and plant closings, wrongful discharge and discrimination);
second, the influence of unionization upon pay, productivity and profits; third, a survey
of human resources management which includes “quality of life” issues and participation
of all employee tiers in decision-making. These will include the Lilly Ledbetter Fair Pay
Act of 2009, racial, gender and sexual orientation discrimination, genetic discrimination
and workplace applications to challenge the student to solve common business issues.
The course will cover the challenges of managing human capital. Students will be able to
make informed, sensitive and effective business decisions on a broad array of current
human resources topics. The course is structured on the premise that legal knowledge is
a personal and strategic asset. The student will acquire a sound grasp of the concepts,
legal vocabulary, and rules of law that apply to the material covered; and, will attain the
long-term benefit of spotting potential legal problems and issues. All of this information
will be considered within the ethical framework that underlies the decision-making that
the USC Marshall School of Business wishes to impart to each of its students.
Learning Objectives
As a result of taking this course, students will be well equipped to identify and solve
workplace issues arising from in the modern workforce. They will be sensitive to the
needs of diverse workforce populations and addressing the increasing regulation of
businesses.
At the conclusion of the course, students will have learned a substantial range of the
constitutional, statutory, administrative, and common law rights and duties influencing
the employment function within organizations. Students will have improved their
deductive reasoning skills and knowledge of both basic and advanced topics within the
subject matter presented. Students will be able to identify and analyze legal issues using
sophisticated approaches to case studies that will have been presented during class. Both
lecture and Socratic methods of instruction are employed during class.
Required Materials
Contemporary Employment Law
Authors:
C. Kerry Fields
Henry R. Cheeseman
FBE 428 Sp. 2012.rev.01.07.12
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Publisher:
Aspen Publishers, div. of Wolters Kluwer (2011)
ISBN: 978-0-7355-9644-3
A subscription to the Wall Street Journal.
.
Office Hours
If students have any questions about the material covered in the class they should not
hesitate to see me. However, if a student cannot make the regular office hours, they
should send me an email to schedule an appointment. I can also be reached at 213-7409307 where students should leave a message on my voice mail with their name and phone
number (with area code). Email is the preferred method to contact me to schedule an
appointment as the messages are checked frequently.
Prerequisites
There are no course pre-requisites for taking this course; however, students should have
personal sensitivity to the issues to be studied. They should have a desire to learn the
applicable law and regulations affecting current employment issues within organizations.
Since this course is based upon specific laws, rules, regulations and case law, prior course
work in a law related course is not required.
Other than an interest in learning about the legal and regulatory environment in which
business is conducted, there are no prerequisites for this course. This course is part of the
minor in Business Law offered by the Marshall School of Business.
Course Notes
Copies of lecture slides and other class information are available through your
Blackboard account. Prior exams are posted without answers. Questions are provided
without answers as students should use them as a learning tool. Since legal analyses are
fact dependent a minor change in the statement of the facts can result in a different
answer in a law course examination. The material on your exam will vary from the one
posted due to changes in the textbook, topics of interest during the semester, differing
course coverage and class interest in particular topics different than that covered in this
course.
The online companion website for the textbook also contains practice true false and
multiple choice questions. If the publisher’s website has an incorrect answer to a
question and that question appears on your examination, we are not responsible for that
error. You are graded for the correct answer because you are to understand the material
well enough to identify those occasional publisher errors. This website is:
www.aspenlegalcollege.com/fields_employment.
FBE 428 Sp. 2012.rev.01.07.12
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The material presented and the classroom discussions are for the students’ edification.
They are not intended to be legal advice to students in connection with any legal issue
they or others may have. If students have a legal matter, they are advised to promptly
consult an experienced attorney who can confidentially and fully review the facts and
advise them of their legal rights and remedies. Quite often, the facts dictate the result and
only in the context of an attorney-client relationship can they be reviewed and legal
opinions rendered.
Grading Summary
The course grading is based on the following criteria:
Assessment
1st Midterm Exam
2nd Midterm Exam
Team Presentation/IRAC
Attendance (4 out of 5)
Quizzes/in class participation
(6 out 7)
Final Exam
Total Points
Maximum points
150
150
50
40
60
150
600
Exam Dates
st
1 Midterm Exam
2nd Midterm Exam
Final Exam
Date
February 13, 2012
March 26, 2012
May 7, 2012
Time
During class
During class
8:00 – 10:00 a.m.
Course Grading Policy: Marshall’s target mean GPA is 3.0 for required classes and 3.3
for electives. The mean target for graduate classes is 3.3. Assignment/Exam Grading
Policy: the instructor determines what qualifies as an accurate grade on an assignment,
exam, or other deliverable, and the instructor’s evaluation of the performance of each
individual student is the final basis for assigning grades for the course. (Content provided
by Marshall to instructors).
Students’ grades for this course depend upon their performance and the grading standards
and policies of the Marshall School of Business, and the academic policies and
procedures of the University. For elective courses, such as this one, the suggested mean
GPA is 3.3. There is no specific guideline with respect to the number or percentage of
any specific grade given or the numbers of persons who pass or fail the course. Thus,
discretion is given to each instructor regarding the assignment and distribution of grades.
As to their ongoing status in the class, students will receive a grade but the more
important performance predictor is their class rank. Rank is more important than the
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interim letter grade because at the end of the semester, all pending letter grades are
“curved” to ensure compliance with these policies. (e.g. if there are too many scores at a
particular letter and grade point, then the cut-off for a letter grade is raised and the scores
below that cutoff require that a reduced letter grade(s) be assigned to ensure compliance
with the Marshall grading policies. That is why rank is a better predictor of a student’s
performance). Once these curves are in place, they will not be reset to accommodate
individual requests. No relief will be granted on that basis. Grades are not open to
negotiation. Petitions for exceptions or understanding of particular needs to attain a
higher grade for some reason will not be honored. What is done for one student must be
done for all, and the result is that if one student’s grade is adjusted, so will all other
students’ grades.
Preparation for class: Students are expected to read each week’s reading and case
assignments prior to class, and be prepared to discuss and examine them. In order to
make the class periods as engaging as possible, there will be a concentration on the
application of the material. Students should always proceed to the next reading
assignment whether the previous reading has been fully discussed in class.
Exams: Generally, the material is unique to each exam; however, students may be asked
to compare and contrast a substantive law rule with one learned earlier in the course.
While every examination will ask students to recognize definitions, the focus of the
examinations will be on the application of the legal principle involved. Students are
strongly encouraged to form and use a study group in their learning of the material, well
in advance of the exam dates. Cooperative learning is important as it will assist students
in identifying their areas of weakness in advance.
Presentations: During the first week of the course students will select another class
member to form a two person team. Students will select a topic from those assigned from
the list of classroom presentations set forth under the Student Resources tab at
www.aspenlegalcollege.com/fields_employment. Other students will present one or
more case studies involving the management of a diverse workforce. These case studies
will be provided to students during the semester. You will present the material in
PowerPoint form to the class.


Each team will be allowed a maximum of 15 minutes to present.
E-mail your slides to me by 9 p.m. of the day prior to your presentation.
Bring your presentation materials to class on a USB. Hand me a copy of the
presentation when you begin your presentation.
Presentations are graded as follows:
Start with 50 Points
Deducts
0-50 for lack of depth in
substantive material covered
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0-35 for quality of presentation
(e.g. reading the material,
obviously unprepared, disjointed,
incomplete table of authorities)
0-40 for lack of full participation
by each team member/ lack of
contribution, exceeding time
limit, failure to e-mail presentation
by 9:00 p.m.
Missing team members will
receive no credit unless prior
arrangements have been made
with me and been confirmed by
email
Total
Attendance checks: Students do not need to email me in advance that the student will
miss class on a particular day. We will take one extra attendance check during the
semester so that each student may have a personal reason for not making a class. Such
prior email notice to me is required only if a student were to miss several classes in a row
for legitimate, verifiable reasons. In all cases regarding attendance credit, I reserve the
right to make a decision based upon the exercise of my sole discretion.
In class participation: Quizzes and in class participation may occur electronically and
or in written form. You will need a computer with wireless internet connectivity or a cell
phone with text messaging capability. If you have neither resource, please make
alternative arrangements with me during the first week of class. Always bring your
computer or cell phone to class. Note, you are required to check the grade book posted on
Blackboard on a weekly basis to ensure you have been credit by the
www.polleverywhere.com// software. Should you fail to do so, you will not receive
points later as grades and class rank are constantly updated in this course. Absent a
verifiable medical emergency or similar occurrence quizzes may not be made-up.
Makeup Exams and Grading Issues: Make-up midterms will be given only in
exceptional circumstances and will require prior arrangements. Student-athletes and
others with verifiable schedule conflicts with the exam schedule must arrange for an
alternate test and testing date one week prior to an exam date. No protests of unclear
erasures of Scantron answers or failing to complete the key on a Scantron will be
honored.
You will leave the exam room with your copy of the exam. The exam answer key will be
posted following the exam. If you disagree with a posted answer, you must do the
following within 24 hours of the posting of the answer key for each exam:
 email me with the following information:
o the name of the course,
o the version number of the test,
FBE 428 Sp. 2012.rev.01.07.12
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o the question involved, and,
o your complete analysis and argument of why your choice is the best of
those presented within 1 calendar day of the examination. Your
arguments are to be based upon what has been taught in the course.
Arguments based upon analyses extracted from web-based sources are not
read.
After the protest period has ended, no further discussion of the answers will be
entertained. The curve will be set for the class one day following the examination.
The course gradebook is updated and posted weekly. You are responsible for verifying
that your grades are properly recorded. The last day to make any correction to the
gradebook is the last day of class. No gradebook corrections will be made thereafter,
including after the final exam is taken.
Statement for Students with Disabilities
Any student requesting academic accommodations based upon a disability is required to
register with Disability Services and Programs (DSP) each semester. A letter of
verification for approved accommodations can be obtained from DSP. Please be sure the
letter is delivered to me as early in the semester as possible. DSP is located in STU 301
and is open 8:30 a.m. – 5:00 p.m. Monday through Friday. The phone number for DSP is
(213) 740-0776. Please provide the appropriate form one week in advance of an
examination. (Content provided by Marshall to instructors).
If you are taking an examination at the DSP office and believe that a question is unclear,
incomplete, ambiguous or otherwise defective, you are advised to attach additional pages
to the examination placed at DSP. If you are making such a contention, then, you are
required to state clearly the problem you encountered with the question and why you
answered the question in the manner you did. Only with such information in hand at the
time I grade your examination will I be able to gauge the appropriateness of giving you
credit for your answer to the subject question. If for some reason, you must take the
examination after the class has taken the examination, you will take a comparable
examination to that given the students in class. You will not receive the same
examination as your classmates as all students leave an exam with a copy of the exam
questions.
Add/Drop Process
http://www.usc.edu/dept/publications/cat2011/academic/policies.html
In compliance with USC and Marshall’s policies classes are open enrollment (Rclearance) through the first week of class. All classes are closed (switched to Dclearance) at the end of the first week. This policy minimizes the complexity of the
registration process for students by standardizing across classes. You will be dropped
from the class if you don’t attend the first two sessions. If you decide to drop, or if you
choose not to attend the first two sessions and are dropped, you risk being not being able
FBE 428 Sp. 2012.rev.01.07.12
7
to add to another section this semester, since they might reach capacity. You can only add
a class after the first week of classes if you receive approval from the instructor. (Content
provided by Marshall to instructors).
Statement on Academic Integrity
USC seeks to maintain an optimal learning environment. General principles of academic
honesty include the concept of respect for the intellectual property of others, the
expectation that individual work will be submitted unless otherwise allowed by an
instructor, and the obligations both to protect one’s own academic work from misuse by
others as well as to avoid using another’s work as one’s own. All students are expected to
understand and abide by these principles. SCampus, the Student Guidebook, contains the
Student Conduct Code in Section 11.00, while the
recommended sanctions are located in Appendix A.
http://www.usc.edu/dept/publications/SCAMPUS/gov//.
Students will be referred to the Office of Student Judicial Affairs and Community
Standards for further review, should there be any suspicion of academic dishonesty. The
Review process can be found at: http://www.usc.edu/student-affairs/SJACS/ Failure to
adhere to the academic conduct standards set forth by these guidelines and our programs
will not be tolerated by the USC Marshall community and can lead to dismissal. (Content
provided by Marshall to instructors).
Any use of external assistance during an examination shall be considered academically
dishonest.
The following are considered unacceptable examination behaviors:
communication with fellow students during an examination, copying materials from
another student’s exam, allowing another student to copy from an exam, the use of
electronic devices to communicate to others during the exam, possession or use of
unauthorized notes, electronic or other dictionaries during exams. Students cannot
achieve grades that they have not legitimately earned. Part of Marshall’s mission is to
remind students of the value systems that will regulate their business lives, and breaching
ethical standards cannot be condoned.
Emergency Preparedness/Course Continuity
In case of emergency, and travel to campus is difficult, USC executive leadership will
announce an electronic way for instructors to teach students in their residence halls or
homes using a combination of Blackboard, teleconferencing, and other technologies. In
such an event, we are prepared to assign students a "Plan B" project that can be
completed at a distance. For additional information about maintaining this class in an
emergency please access: http://cst.usc.edu/services/emergencyprep.html//. (Modified
content provided by Marshall to instructors).
Other Course Policies
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Electronic usage policy: Laptop and Internet usage is not permitted during academic or
professional sessions unless otherwise authorized by me. Use of other personal
communication devices, such as cell phones, is considered unprofessional and is not
permitted during academic or professional sessions. All electronic devices (including, but
not limited to, iPads, computers, cell phones, netbooks, laptops and other texting devices)
must be completely turned off during class time. Upon request, you must comply and put
your device on your desk in off mode, face down or in your book bag. You might also be
asked to deposit your devices in a designated area in the classroom. (Content provided by
Marshall to instructors).
No recording and copyright notice. No student may record any lecture, class
discussion or meeting with me without my prior express written permission. The word
“record” or the act of recording includes, but is not limited to, any and all means by
which sound or visual images can be stored, duplicated or retransmitted whether by an
electro-mechanical, analog, digital, wire, electronic or other device or any other means of
signal encoding. I reserve all rights, including copyright, to my lectures, course syllabi
and related materials, including summaries, PowerPoints, prior exams, answer keys, and
all supplementary course materials available to the students enrolled in my class whether
posted on Blackboard or otherwise. They may not be reproduced, distributed, copied, or
disseminated in any media or in any form, including but not limited to all course notesharing websites. Exceptions are made for students who have made prior arrangements
with DSP and me.
Incomplete Grades Explanation: Grading and Correction of Grades handbook, found
at:
http://www.usc.edu/dept/ARR/grades/gradinghandbook/index.html//.
An incomplete (IN) grade may be assigned due to an “emergency” that occurs after the
12th week of classes. An “emergency” is defined as a serious documented illness, or an
unforeseen situation that is beyond the student’s control, that prevents a student from
completing the semester. Prior to the 12th week, the student still has the option of
dropping the class. Arrangements for completing an IN course should be initiated by the
student, and negotiated with the instructor. Class work to complete the course should be
completed within one calendar year from the date the IN was assigned. The IN mark will
be converted to an F grade should the course not be completed.
Course Readings
The following is a discussion of the course coverage:
1. The Employment Relationship
This unit introduces our course, the elements of the employment relationship, and the
lawful and ethical issues with respect to the selection, testing, promotion and termination
of employees. Students will examine the significant federal and state laws and
regulations controlling these issues and their contemporary applications. Topics to be
covered in depth include the following: federal and state authorized employment
practices, applicable federal and state benefits statutes, defining who is an employee, how
FBE 428 Sp. 2012.rev.01.07.12
9
“at will” employment may exist or cease to exist; independent contractors, liability under
contract, tort and tax law for the acts of employees and those of independent contractors.
The course coverage will also address the current laws regulating to the retention of
employees. Recent case law in the areas of privacy issues and employee duties, including
the fiduciary duties of officers, and unfair competition will be reviewed.
Workplace torts will be reviewed in the context of analyzing case law. Defamation and
invasion of privacy, interference with contract, retailing and theft of trade secrets will be
analyzed. Current ethical and legal issues relating to the protection of privacy rights of
the employee will be explored thoroughly.
2. Dispute Resolution Procedures
Courts and legislatures are strongly promoting the use of arbitration and other alternative
dispute resolution mechanisms to litigation. An overview of alternative dispute
resolution processes will be analyzed in detail as they relate to resolving employment
disputes. Current case law developments will be studied in detail.
3. Regulation of the Employment Environment
In this unit, pre-employment testing, post-employment compensation systems and rights
to privacy are discussed.
4. Regulation of Employment Discrimination
In the area of discrimination, a thorough review of the applicable federal and state
statutes will be provided commencing with a constitutional overview, the Civil Rights
Acts, significant federal and state regulations and landmark case law. Coverage includes
what kinds of discrimination are illegal and unlawful, what proof is necessary to proceed
with such claims, relief afforded victims of discrimination and defenses available to the
employer. Topics in this unit address the pertinent federal and significant state laws
regarding: affirmative action in the private and public sectors, racial discrimination, sex
discrimination, sexual harassment, gender rights and sexual orientation, Family Medical
Leave Act, pregnancy protections, age discrimination and rights afforded the disabled.
5. Other Forms of Regulation
This unit will survey the major regulatory areas governing the employment relationship.
The legislative history and current regulatory environment governing a unionized
workforce will be addressed. The laws relating to wage and hour regulation will be
covered in detail. Unemployment laws, including those relating to reductions in force,
and the pertinent provisions of health and safety administrative law will be reviewed.
The current crisis in workers compensation and pending legislative responses will be
analyzed.
6. Special Topics
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In addition to the previous topics, we will also be addressing a few special topics that will
include: federal law on employee benefits, immigration and global employment.
Course Schedule
Date
Material Covered
Miscellany
January 9
Chapter 1: Employment Law
Overview
Course introduction; syllabus
and ground rules; teams formed
January 11
Chapter 1 continued
Chapter 2: Recruitment, Selection,
Testing and Termination
Team 1: Chapter 1
January 16
No Class
Martin Luther King’s
Birthday
January 18
Chapter 2 continued
Team 2: Chapter 2
January 23
Chapter 3: Contract and Tort
Liability of Employers
Team 3: Chapter 3
January 25
Chapter 3 continued
Team 4: Chapter 3
January 30
Chapter 4: Employment Litigation
and EEOC Procedure
February 1
Chapter 4 continued
Team 6: Chapter 4
February 6
Chapter 5: Equal Employment and
Affirmative Action
Team 7: Chapter 5
February 8
Chapter 5 continued
Team 8: Chapter 6
February 13
Midterm #1
No Team Presentation
February 15
Chapter 6: Race, Color and
National Origin Discrimination
Team 9: Chapter 6
February 20
No Class
President’s Day
FBE 428 Sp. 2012.rev.01.07.12
Team 5: Chapter 4
ABA video on the federal
courts
11
February 22
Chapter 7: Sex Discrimination,
Sexual Harassment and Sexual
Orientation Protection
Team 10: Chapter 7
February 27
Chapter 7 continued and begin
Chapter 8: Religious
Discrimination
Team 11: Chapter 8
February 29
Chapter 8: Religious
Discrimination and begin Chapter
9: Rights of the Disabled and the
Workplace
Team 12: Chapter 9
Video: Spirituality and
Religion: Complementary
Forces in the Soul’s Quest for
Enlightenment
March 5
Chapter 9 continued
Team 13: Chapter 9
Video: The Americans with
Disabilities Act: Is it Working?
March 7
Chapter 10: Age Discrimination
Team 14: Chapter 10
Video
March 12
Spring Break
March 14
Spring Break
March 19
Chapter 11: Work-Family Issues
and other EEO Protections
Team 15: Chapter 11
March 21
Chapter 11 continued
Team 16: Chapter 11
Video: Who Gets to Know?
Genetics and Privacy
March 26
Midterm #2
No Team Presentation
March 28
Chapter 12: Privacy in the
Workplace
Team 17: Chapter 12
Video: Liberty and Limits:
Privacy and Security
April 2
Chapter 12 continued
Team 18: Chapter 12
FBE 428 Sp. 2012.rev.01.07.12
12
April 4
Chapter 13: Federal Labor Law
Team 19: Chapter 13
Video
April 9
Chapter 13 continued and/or guest
speaker
Team 20: Chapter 13
April 11
Chapter 14: Wage and Hour Laws
Team 21: Chapter 14
April 16
Chapter 15: OSHA and Workers’
Compensation
Team 22: Chapter 15
April 18
Chapter 16: Retirement and
Employee Benefits
Team 23: Chapter 16
Video
April 23
Chapter 17: Immigration and
Nationality
Team 24: Chapter 17
Video: Immigraiton and
Employment Discrimination
April 25
Special topics
May 7, 2012
Final Examination
8:00-10:00
END
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