Employment Law and Ethics Marketing Dynamics Marketing Lesson Plan Performance Objective Students will know the responsibility of businesses to know and abide by workplace laws, trade regulations, and ethical behavior that affects business operations. The students will apply ethical reasoning to a variety of workplace situations in order to make ethical decisions. Specific Objective • Apply ethics to demonstrate trustworthiness • Explain the nature of business ethics • Demonstrate responsible behavior, honesty, integrity, and ethical work habits • Defend the nature of human resources regulations • Explain the nature of workplace regulations such as occupational safety and health administration and statues such as the Americans with disability act • Discuss employment relations • Analyze alternative responses to workplace situations based on legal responsibilities and employer policies. • Evaluate alternative responses to workplace situations based on personal or professional ethical responsibilities • Identify personal and long-term workplace consequences of unethical or illegal behaviors • Depict personal and long-term workplace consequences of unethical or illegal behaviors • Investigate the most appropriate response to workplace situations based on legal and ethical considerations • Explain the most appropriate response to workplace situations based on legal and ethical considerations. Terms • OSHA – Occupational Safety and Health Administration • FMLA – Family Medical and Leave Act • FLSA – Fair Labor and Standards Act Time When taught as written, this lesson should take approximately 2-3 days to teach. Preparation TEKS Correlations: This lesson, as published, correlates to the following TEKS. Any changes/alterations to the activities may result in the elimination of any or all of the TEKS listed. Copyright © Texas Education Agency, 2014. All rights reserved. 1 130.347 (c) Knowledge and Skills (32) Students will know the responsibility of businesses to know and abide by workplace laws, trade regulations, and ethical behavior that affects business operations. A) apply ethics to demonstrate trustworthiness B) explain the nature of business ethics C) demonstrate responsible behavior, honesty, integrity, and ethical work habits D) defend the nature of human resources regulations E) explain the nature of workplace regulations such as Occupational Safety and Health Administration and statues such as the Americans with Disability Act F) discuss employment relations (33) The students will apply ethical reasoning to a variety of workplace situations in order to make ethical decisions. A) analyze alternative responses to workplace situations based on legal responsibilities and employer policies. B) evaluate alternative responses to workplace situations based on personal or professional ethical responsibilities C) identify personal and long-term workplace consequences of unethical or illegal behaviors D) depict personal and long-term workplace consequences of unethical or illegal behaviors E) investigate the most appropriate response to workplace situations based on legal and ethical considerations F) explain the most appropriate response to workplace situations based on legal and ethical considerations. Interdisciplinary Correlations: English-English III • 110.33(b)(1) Reading/Vocabulary Development. Students understand new vocabulary and use it when reading and writing • 110.33(b)(13) Writing/Writing Process. Students use elements of the writing process (planning, drafting, revising, editing, and publishing) to compose text. • 110.33(b)(21) Research/Gathering Sources. Students determine, locate, and explore the full range of relevant sources addressing a research question and systematically record the information they gather. Math-Algebra I • 111.32(b)(1)(E). Interpret and make decisions, predictions, and critical judgments from functional relationships. United States Government • 113.44(c)(8)(D) identify the purpose of selected independent executive agencies, including the National Aeronautics and Space Administration (NASA), and regulatory commissions, including the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Food and Drug Administration (FDA), and Federal Communications Commission (FCC) Occupational Correlation (O*Net - http://www.onetonline.org/) Job Title: Human Resources Managers O*Net Number: 11-3121.00 Copyright © Texas Education Agency, 2014. All rights reserved. 2 Similar Job Titles: Human Resources Manager (HR Manager), Director of Human Resources, Human Resources Director (HR Director), Employee Benefits Manager, Human Resources Vice President, Employee Relations Manager Tasks: • • • • • • • • • • Serve as a link between management and employees by handling questions, interpreting and administering contracts and helping resolve work-related problems. Analyze and modify compensation and benefits policies to establish competitive programs and ensure compliance with legal requirements. Advise managers on organizational policy matters such as equal employment opportunity and sexual harassment, and recommend needed changes. Perform difficult staffing duties, including dealing with understaffing, refereeing disputes, firing employees, and administering disciplinary procedures. Plan and conduct new employee orientation to foster positive attitude toward organizational objectives. Identify staff vacancies and recruit, interview and select applicants. Plan, direct, supervise, and coordinate work activities of subordinates and staff relating to employment, compensation, labor relations, and employee relations. Plan, organize, direct, control or coordinate the personnel, training, or labor relations activities of an organization. Represent organization at personnel-related hearings and investigations. Administer compensation, benefits and performance management systems, and safety and recreation programs. Soft Skills: Active Listening, Reading Comprehension, Critical Thinking, Speaking, Coordinating, Active Learning. Accommodations for Learning Differences It is important that lessons accommodate the needs of every learner. These lessons may be modified to accommodate your students with learning differences by referring to the files found on the Special Populations page of this website. Preparation • Review and familiarize yourself with the terminology, website links, and digital presentations. • Teacher will have assignments and website information ready to distribute to students. Instructional Aids • • • • Textbook Display for digital presentation, websites for assignments and class discussion Instructor Computer/Projection Unit Online Websites Copyright © Texas Education Agency, 2014. All rights reserved. 3 Introduction The main purposes of this lesson are to help students understand • Workplace regulations that affect employees and employers • The effect of ethics and the law on various workplace situations. ASK: Ask students if they can think of laws that might affect them in the workplace? SAY: Explain that there are numerous laws that regulate the workplace, starting with how much you are paid, minimum wage, to what happens when you get hurt at work, OSHA. ASK: What is the standard that you would want to be treated by if you have a dispute at work? SAY: Explain that most people want to be treated fairly and reasonably. This is called ethics and most people want to have their side of the story heard and be treated with respect and fairness. ASK: What standard do you use if you have to mediate disputes between friends? SAY: The morals and values that you use to mediate disputes are part of the ethics that guide you. Employers have to follow what they think is ethical, but they also have to follow the law. There are certain legal requirements that employers have to abide by when dealing with the employees. These include workplace safety, hiring and firing, and equal wages to name just a few. Outline MI Outline I. Employment Law A. Constantly changing B. Businesses responsible for knowing the law II. Fair Labor and Standards Act A. Minimum wage B. Overtime pay C. Restrictions for children under 16 D. Restrictions under 18 E. Restrictions under 16 III. Occupational Safety and Health Act) A. Who regulated by OSHA B. Requires safe workplaces C. Inspections and investigations IV. Workers Compensation A. Long shore and Harbor Workers Compensation Act Instructor Notes Teacher will lead the discussion of material, using multimedia presentations for employment law and ethics. Divide students into small groups (2-3 members) and assign the guided practice presentation. It is suggested that the students present their projects to the class. Copyright © Texas Education Agency, 2014. All rights reserved. 4 B. Energy Employees Occupational Illness Compensation Program Act C. Federal Employees Compensation Act D. Black Lung Benefits Act V. Employee Retirement Income Security act (ERISA) A. Who is covered? B. Requirements VI. Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA) A. Purpose of COBRA VII. Family and Medical Leave Act A. Requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for 1. Birth or adoptions of a child 2. Serious illness of a spouse, child or parent Teacher will move about the classroom and will monitor the students’ progress while the students assume the role of self-director. Explain the importance knowing and following all of the laws that pertain to a business for the human resource manager. It is their job to ensure that the company is in compliance. Ask the class if they know what laws are applicable to them as young people? Have them discuss how those laws have affected them at their jobs. Multiple Intelligence Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Visual/Spatial Application Guided Practice Students will work in groups of three or four to research different laws pertaining to the workplace. Each group will choose three laws to research and create a digital presentation to present to the class that explains: • • The origin of the bill What the bills intended purpose is • • Major points of the bill Impact the bill has on the workplace Employment Laws: • Davis-Bacon Act • Federal Unemployment Tax Act • Walsh-Healy Act • Family and Medical leave Act • Fair Labor Standards Act • Older Workers Benefit Protection Act • Federal Insurance Contributions • Railway Labor Act Act Tax Independent Practice Employment Law and Ethics Case Study • Norris-LaGuardia Act • Wagner Act • Landrum-Griffin Act Copyright © Texas Education Agency, 2014. All rights reserved. 5 Students will break into groups of three. One or two students can be the judges for the case study presentations. The students will be given 30 minutes to prepare a response for the case study that is included with this lesson. At the end of the 30 minutes they will present their role play with the judge(s). Once all of the teams have completed their role play the groups will return for a class discussion. The teams will compare and contrast how each team solved the case study and what they think went well and what needed to change. They will also discuss other alternatives to those presented and the impact that this has in the workplace. Summary Review Employment law and ethics play a major role in the workplace. There are many laws that govern the workplace, those that were covered here a just a small sample of all laws that employers are required to abide by. However it is important that employers use ethics and morals when dealing with employees. The implications of not following the laws can result in fines or even imprisonment if the violation is egregious enough but ethics are also important. If an employer does not treat his employees or customers fairly it can and will result in loss of good employees, customers and possibly their businesses. Evaluation Informal Assessment Instructor should observe the work ethic of individuals involved in class discussions and the independent practice activity Formal Assessment Students will be evaluated on their Employment Law Presentations and their Employment Law and Ethics Case Study. Students will also be assessed on their use of the word processing skills and the neatness, formatting, grammar and spelling of their resumes. Enrichment Extension Business Law and Ethics Role Play Students will use the DECA Business Law and Ethics role plays to explore additional ethical and legal situations. Sample role plays can be found on the www.deca.org website, or can be ordered from DECA Images. Copyright © Texas Education Agency, 2014. All rights reserved. 6 Employment Law and Ethics Marketing Dynamics Marketing Case Study Situation You are to assume the roles of assistant managers at Laneco, a cardboard box manufacturing plant. A employee of the plant was injured on the job running one of the machines. The plant manage has asked you to give advice on whether or not the employee has a valid claim and how to proceed. The employee, Greg Dubiel, 17 was severely injured while running a cardboard box bailing machine. Texas law prohibits minors under the age of 16 from operating any power-driven machine and those under the age or 18 from operating power-driven machines listed in the statutes. While the equipment that Dubiel was operating was not listed in the statutes, Dubiel argued that the bailing machine was similar to some of the machines included in the lab and that Laneco had violated the statute. Laneco argues that since the machine was not specifically listed in the statute that they have not violated the statute. The manager (judge) has asked you to discuss the situation and then advise him/her about what course of action Laneco should take. He/she is concerned since they have other employees operating this machinery. Should they create a policy that employees under the age of 18 cannot operate any type of power-driven machinery or are they safe to proceed as long as the machines are not listed in the statute? You will advise the manager (judge) in a meeting to take place in the manager’s office. The manager (judge) will begin the meeting by greeting you and asking to hear your advice. Copyright © Texas Education Agency, 2014. All rights reserved. 7 Employment Law and Ethics Marketing Dynamics Marketing Business Law and Ethics Presentation Rubric Name: _______________________________ Oral Presentation – 100 possible points (total points below X 2) Topic Covered Presentation Audience communication Voice Comments: Excellent Very Good Case study was covered in depth with a workable, logical solution presented. (20 pts) Presentation well planned and coherent (10 pts) Case study was covered with a workable solution. (6 pts) Communication with audience evident (eye contact) (10 pts) Student uses clear voice, speaks up with correct pronunciation. (10 pts) Adequate Case study was minimally covered, solution was not workable (10 pts) Presentation Presentation planned but not not planned completely well. coherent. (4 pts) (6 pts) Some attempt Audience not to engaged with communicate speaker. with audience (4 pts) (8 pts) Most audience Student’s members can voice is lowhear report. difficult to (8 pts) hear. (4 pts) Weak Case study was not covered, no solution was presented. (4 pts) Presentation planning not evident. (2 pts) Points Awarded No eye contactstudent reads report. (2 pts) Student mumbles, speaks too softly to hear .(2 pts) Copyright © Texas Education Agency, 2014. All rights reserved. 8