Texas A&M University - Central Texas
GBK 434.301 – Employment Law
2:30 – 5:15 p.m., M & W
Spring, 2014
January 13, 2014 – March 6, 2014
Instructor: Dr. Betty Birkenmeier
Office Location: Founder’s Hall Room 318C
Office Phone: 254-519-5425
Cell Phone: 337-789-1915 (Please call after 9AM and before 9:00PM).
E-mail: b.birkenmeier@ct.tamus.edu; Blackboard messages
Office Hours: Monday and Wednesday 1:00-2:30 p.m. at Ft. Hood; Tuesday 12:30-2:30 p.m. and
Thursday 10:00 – 11:00 a.m. in my office in Founder’s Hall. Also, by appointment.
COURSE OVERVIEW
This course provides an assessment of the legal environment in which business and public
organizations operate, with particular attention being placed on related ethical and social issues.
Emphasis is placed on current laws, trends, and research related to the various aspects of the
employment environment. It examines legal issues and regulatory processes related to
employment relationships, equal employment opportunity and affirmative action, privacy,
employment testing and staffing, compensation, and benefits, employee/labor relations, and
occupational health and safety.
COURSE DESCRIPTION
Catalog Description: A study of the laws relating to employment. It includes defining the
employer-employee relationship; regulation of discriminatory practices in employment (Title VI, the
1964 Civil Rights Act, and other statutes); regulation of the employment environment; and testing
and evaluation of employee performance.
Expanded Course Description: This course exposes the student to requirements placed upon
employers and employees by the many employment laws and regulatory agencies. A major part of
the course explores the requirements, concepts, and important cases in Title VII of the Civil Rights
Act of 1964 as amended. Such areas as racial discrimination, sex discrimination, religious
discrimination, discrimination based on color, and discrimination based on national origin are
explored. Fundamental employment law concepts of employment-at-will and agency are also
covered. The requirements of the Fair Labor Standards Act in areas of overtime pay, child labor,
and minimum wage are covered. Discrimination based on age and the Age Discrimination in
Employment Act is covered. The requirements and application of the Americans with Disabilities
Act are explored. The requirements of the National Labor Relations Act and other labor laws are
also explored. The course not only looks at the requirements of the laws, but exposes the student
to relevant cases that are examined for an understanding of how the courts apply the law. Thus,
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students are prepared to develop strategies and practices that should minimize their organizations’
exposure to the legal implications of its actions.
COURSE PREREQUISITES & ENTRANCE COMPETENCIES
To be admitted to this course, you must have Junior Classification.
Students are expected to have collegiate level writing skills, creative and analytical thinking skills,
effective reading skills, advanced learning skills, and a general understanding of problems faced by
business managers. Students are expected to be proficient in computer usage, to include word
processing, internet use, and the use of online library information databases.
MODE OF INSTRUCTION AND COURSE ACCESS
This course is a face-to-face course with some online components. The online components use
TAMUCT’s Blackboard system (http://tamuct.blackboard.com).
This course will use the new TAMU-CT Blackboard Learn learning management system for class
communications and content distributions.
Logon to https://tamuct.blackboard.com to access the course.
Username: Your MyCT username (xx123 or everything before the “2” in your MyCT e-mail
address).
Initial password: Your MyCT password
For this course you will need reliable and frequent access to a computer and to the Internet. If you
do not have frequent and reliable access to a computer with Internet connection, please consider
dropping this course or contact me at b.birkenmeier@ct.tamus.edu to discuss your situation.
Blackboard supports the most common operating systems:
 PC: Windows 8, Windows 7, Windows Vista
 Mac: Mac OS X Mavericks
 NOTE: Computers using Windows XP, Windows 8 RT and OS X 10.6 or lower are
NO longer supported.
Check browser and computer compatibility by following the “Browser Check” link on the TAMU-CT
Blackboard logon page (https://tamuct.blackboard.com). This is a CRITICAL step as these setting
are important for when you submit an assignment.
Upon logging on to Blackboard Learn, you will see a link to Blackboard Student Orientation under
My Courses tab. Click on that link and study the materials in this orientation course. The new
Blackboard is a brand new interface and you will have to come up to speed with it really quickly.
This orientation will help you get there. There is also a link to Blackboard Help from inside the
course on the left-hand menu bar. The first week of the course includes reading the Introduction,
the Course Syllabus, and the directions for completing the first assignment. These activities will
help you acclimate to the navigation changes in the new version of Blackboard. Your ability to
function within the Blackboard system will facilitate your success in this course.
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NOTE: Technology issues are not an excuse for missing a course requirement –
make sure your computer is configured correctly and address any issues related to
your computer or your Internet service provider well in advance of deadlines.
STUDENT- INSTRUCTOR INTERACTION
Student-instructor interaction will be face-to-face and through Blackboard. The instructor will check
Blackboard at least once a day, normally several times a day (weekends excluded). Assignments
and other submissions will normally be graded within a week after the submission closeout date. I
can be contacted via e-mail within Blackboard or at b.birkenmeier@ct.tamus.edu. In most cases
responses will be provided within 24 hours. To contact me by phone, please use my cell phone
number between the hours of 9:00 a.m. to 9:00 p.m. Remember, you may also come see me
during my regular office hours. Students should enter Blackboard on a frequent basis - several
times each week. In particular, be sure to check Messages and Assignments in order to stay upto-date on what is happening in the course.
INTENDED STUDENT LEARNING OUTCOMES & COMPETENCIES
Overall Course Objective: Students will have developed a comprehensive knowledge and
understanding of laws and regulations affecting the employment-relationship. They will be able to
analyze employment scenarios involving issues of employment law and regulation and formulate
appropriate strategies for dealing with the situation.
Upon successful completion of the Employment Law course, the student will:
Have an extensive knowledge of the legal requirements and law that regulate and impact the
employment relationship. This knowledge covers:
 Common law concepts
 Employment-at-will
 Agency
 Title VII of the Civil Rights Act as amended (racial discrimination, sex discrimination,
discrimination based on color, discrimination based on national origin, religious
discrimination, age discrimination, Americans with Disabilities Act)
 Fair Labor Standards Act
 Occupational Safety and Health Act
 Worker’s Compensation
 Employee Benefits and Employee Retirement Income Security Act
Have developed skill in the application of the law to varied situations in the employment
relationship.
Be able to apply concepts, skills and processes through participation in various behavioral and
relationship related activities.
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INSTRUCTIONAL MATERIALS & SUPPORT RESOURCES
TEXT: Cihon, Patrick J. and Castagnera, James Ottavio (2011). Employment and Labor Law, 7E.
Mason, Ohio: South-Western Legal Studies in Business Academic Series. ISBN-13: 978-1-43903727-0; ISBN-10: 1-4390-3727-2. Text is required.
The TAMU-CT Library on line: http://www.ct.tamus.edu/centraltexas/departments/library;
Citing References in APA format:
http://www.bedfordstmartins.com/online/cite6.html
Technology Support:
For technological or computer issues, students should contact Help Desk Central, 24 hours a day,
7 days a week.
Email: helpdesk@tamu.edu
Phone: 254.519.5466
Web Chat: http://hdc.tamu.edu
When calling for support, please let your support technician know you are a TAMUCT student.
EXAMS
Unit Exams: Three exams will be administered during the semester as indicated on the last page
of the syllabus. Exams represent the independent work of students; teamwork will not be
permitted. Exams will be administered in class.
Final Exam: A comprehensive final exam will be given at the end of the course. It will be
administered in class.
Exams will cover the legislation, work-related topics, and all cases presented in each chapter.
ACADEMIC HONESTY
For GBK 434.301 - Employment Law:
Cheating is defined as the attempted or unauthorized use of textbooks, notes, study aids, devices or
communication with one or more other students on assignments, quizzes, or exams. The following
are examples of cheating but it is not a comprehensive list.
Seeking Unfair Advantage to Oneself
a. Examinations
 Copying from another student’s test paper
 Using signals to obtain answers from another student
 Stealing or arranging the theft of an exam
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


Knowingly reviewing unauthorized copy of exam
Using textbooks or other materials during exam when prohibited
Storing, receiving, and/or accessing course materials in a cell phone, flash drive,
computer or other electronic device during the time period of an exam without the
authorization of the instructor
b. Papers
 Copying the work of other students in whole or in part and submitting it as your own
 Accessing another student’s computer or flash drive and acquiring their intellectual
property
 Purchasing a research/term paper from a commercial service and submitting it as your
own work
 Having a ghost writer write a paper for you
 Claiming an assigned share of a team paper where insufficient or no contribution was
made
Giving Unfair Advantage to Others
a. Examinations
 Allowing another student to copy answers from your exam
 Using signals to give exam answers to another student
 Taking an exam for someone else
 Sharing test questions with a student in another section of the course
 Providing assistance to a student taking an exam outside of the classroom
b. Papers
 Permitting another student to copy your work
 Writing a paper for another student
 Providing substantial research assistance to another student who is writing a paper
Plagiarism is the submission of work entirely or in part as one’s own work when that work is the
intellectual property of another. The following are examples of plagiarism but it is not a
comprehensive list.
 Not giving credit using the APA reference format for ideas, concepts, phrases, statements,
or conclusions of another
 Failing to use quotation marks for the direct citation of another author’s work (includes
partial sentences, sentences, and paragraphs)
 Making minimal changes to the work of another and representing it to be your work
 Synthesizing the work of several authors whether from hard copy or downloading from the
internet and submitting it as your own work
 Including references in the References portion of the paper not used by the student
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Students guilty of academic dishonesty are subject to disciplinary action. The faculty member is
responsible for initiating action for each case with respect to academic dishonesty. More
information can be found at: www.ct.tamus.edu/StudentConduct.
It is the responsibility of each student to protect the value of their Texas A&M University degree.
Students who are dishonest in obtaining their degrees may not succeed on the job. You can help
protect the integrity of Texas A&M and the degrees offered by reporting acts of academic
dishonesty. You should report any act of academic dishonesty to the instructor and/or the Office of
Student Affairs.
DROP POLICY
If you discover that you need to drop this class, you must go to the Records Office and ask for the
necessary paperwork. Professors cannot drop students; this is always the responsibility of the
student. The record’s office will give a deadline for which the form must be returned, completed,
and signed. Once you return the signed form to the records office and wait 24 hours, you must go
into Duck Trax and confirm that you are no longer enrolled. If you are still enrolled, FOLLOW-UP
with the records office immediately. You are to attend class until the procedure is complete to avoid
penalty for absence. Should you miss the deadline or fail to follow the procedure, you will receive
an F in the course.
LIBRARY SERVICES
Information Literacy focuses on research skills which prepare individuals to live and work in an
information centered society. Librarians will work with students in the development of critical
reasoning, ethical use of information, and the appropriate use of secondary research techniques.
Help may include, but is not limited to: exploration of information resources such as library
collections and services, identification of subject databases and scholarly journals and execution of
effective search strategies. Library resources are outlined and accessed at:
http://www.ct.tamus.edu/departments/library/index.php.
Library Distance Education Services aim to make available quality assistance to A&M
Central Texas students seeking information sources remotely by providing digital
reference, online information literacy tutorials, and digital research materials. Much of the
A&M-CT collection is available instantly from home. This includes over half of the library’s
book collection, as well as approximately 25,000 electronic journals and 200 online
databases. Library Distance Education Services are outlined and accessed at:
http://www.ct.tamus.edu/departments/library/deservices.php
UNILERT – EMERGENCY WARNING SYSTEM FOR TAMUCT
UNILERT is an emergency notification service that gives Texas A & M University – Central
Texas the ability to communicate health and safety emergency information quickly via email and text messages. By enrolling in UNILERT, university officials can quickly pass on
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safety-related information regardless of your location. Please enroll today at
TAMUCT.org/UNILERT.
STUDENTS WITH DISABILITIES
The Americans with Disabilities Act (ADA) is a federal anti-discrimination statute that
provides comprehensive civil rights protection for persons with disabilities. Among other
things, this legislation requires that all students with disabilities be guaranteed a learning
environment that provides for reasonable accommodation of their disabilities. If you have
or believe you have a disability and wish to self-identify, you can do so by providing
documentation to the Disability Support Coordinator. Students are encouraged to seek
information about accommodations to help assure success in their courses. Please
contact Gail Johnson at (254) 519-5831 or visit Founder's Hall 114. Additional information
can be found at www.ct.tamus.edu/AcademicSupport .
RESPONSIBILITIES FOR LEARNING OUTCOMES
Each student is responsible for his/her own learning outcomes. Students are expected to
participate in all course activities.
SPECIFIC GUIDELINES FOR WRITTEN LEARNING OPPORTUNITIES
(1) Quality Work: All work submitted for grading shall be of collegiate level quality:
Depth of analysis, grammatical structure, etc.
(2) Identifying Submissions: A title page is required for each assignment. The title
page is to include the title of the legal case, the applicable chapter number, the
name of the student, Dr. Betty Birkenmeier, GBK 434 Employment Law, and the
date the case is submitted.
(3) Submission Style Requirements: Submissions will be in accordance with The
Publication Manual of the American Psychological Association, 5 th ed. This manual
is to be used as a reference with respect to formatting issues.
(4) Non-Compliance: Submissions that fail to comply with the above will receive no
more than half credit.
(5) Late Submissions/Resubmissions: Cases must be submitted prior to the exam
covering the applicable chapters. Resubmissions will be accepted when the
instructor has asked a student to resubmit a particular assignment.
(6) Submitting Work: Assignments will be submitted on Blackboard.
PROJECTS AND ASSIGNMENTS
Research Project: There is no research project for this course.
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Legal Case Briefs: The course schedule which is at the end of this syllabus shows the
case briefs associated with each chapter. A written brief is required for most chapters.
The required brief is designated by an underline. When more than one case is underlined
in the course schedule for a particular chapter, students will select one of the cases for
their written brief.
Reading and studying the legal cases listed for each chapter that do not require a written
brief, will help students understand the legal concepts that are presented.
Format for Legal Case Briefs: Items submitted are expected to be of collegiate quality
language, depth, and organization. Points will be deducted for poor grammar, spelling,
and appearance. These are graded on a twenty point scale. They should be submitted
through the assignment item in Blackboard. Follow the APA manual for formatting issues.
The use of bullet points is to be avoided.
A case brief MUST include the following:
(1) The central legal issue of the case; what question(s) are raised in this case and are
to be addressed. If this is an appellate decision, what was the issue of the original
trial case? Note: this should not be a paragraph filled with contextual facts.
(2) The pertinent facts: These are the key facts that define the problem and bear upon
the decision. You do not have to list every nitty, gritty detail here but provide
enough detail to set the context of the case and issues.
(3) Discussion of the issue and facts in the case. What is important? What is not
important? What are the arguments, pro and con? What are the various options?
Advantages and disadvantages for each.
(4) Decision: What did the court(s) rule? Why? How would you have ruled in the case
and why?
(5) HRM implications for the future. How should a manager respond in his/her own
organization in light of this decision.
The following headings are to be used in each case brief: Legal Issue, Facts,
Discussion, Decision, and HRM Implications.
Case Briefs are due on Blackboard each Monday the class meets during the
semester. Each Monday students will turn in their legal briefs assigned the
previous week. Submit the briefs using the “Assignment” designation in the menu.
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GRADE COMPUTATION
Point Totals
Legal Case Reviews (12)
Class Discussion
Unit Exams (3)
Final Exam
20 points each
100 points each
100 points
Point Total for Course
240
20
300
100
660
Grades
90 – 100% = A
80 – 89.9% = B
70 to 79.9 = C
60 – 69% = D
0 = 59% = F
TENTATIVE COURSE SCHEDULE
WEEK OF
TOPIC
TEXT
READING
CASES
(underlined cases are written briefs)
Ch. 1
Ch. 2
Two in-class activities
Knox v. Board of School Directors
Asmus v. Pacific Bell
Marcus v. KFG Employment
Kritzer v. Curators of U. of Missouri
Brady v. Calyon Securities
Olaes v. Nationwide Mutual
Mattesich v. Hayground Cove Asset
Zarr v. Washington Tru Solutions
Rice v. Meriden Housing Authority
L-3 Communications v. Kelly
Anderson v. City of Columbus, GA
Williams v. City of Tulsa
Quon v. Arch Wireless Operating Co.
Massey v. Roth
Commonwealth v. Blakney
Jan. 13
Jan. 15
Introduction
Contracts &
Wrongful discharge
Jan. 20
Jan. 22
MLK Day
Workplace Torts
Ch. 3
Employee Privacy
Ch. 4
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Jan. 27
Jan. 29
Global Issues
Ch. 5
Sarei v. Rio Tinto
Romero v. Drummond Company
Aquillar v. U.S. Immigration
Arizona Contractors v. Napolitano
Title VII of
Civil Rights Act
Ch. 6
Griggs v. Duke Power Company
EEOC v. Dial Corp.
Connecticut v. Teal
Int’l Brotherhood of Teamsters v.
United States
United Steelworkers v. Weber
Gender &
Family Issues
Ch. 7
Diaz v. Pan American World Airlines
Price Waterhouse v. Ann B. Hopkins
Laffey v. Northwest Airlines
City of Los Angeles v. Manhart
Novak v. Metrohealth Center
EXAM 1: Chapters 1 – 5
NOTE: Case briefs for chapters 1-5 will not be accepted after Exam 1 has been given.
Feb. 3
Feb. 5
Religious & Nat’l
Ch. 8
Origin Discrimination
Corporation of Presiding Bishop v.
Amos
Trans World Airlines v. Hardison
Webb v. City of Philadelphia
EEOC v. WC&M Enterprises
Garcia v. Spun Steak Company
McConnel Douglas v. Green
Age Discrimination
Ch. 9
O’Connor v. Consolidated Coin
Smith v. City of Jackson, MS
Western Airlines v. Criswell
Oubre v. Entergy Operations
Disability Discrimin.
Ch. 10
Chalfant v. Titan Distribution
Humphrey v. Memorial Hospitals
Brown v. Lucky Stores
Other EEOC
Legislation
Ch. 11
Velaques-Garcoa v/ Horizon Lines
Henry v. City of Detroit
Polkey v. Transecs
McCavitt v. Swiss Reinsurance
______________________________________________________________________________
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Feb. 10
Growth of Organized Ch. 12
Labor
Loewe v. Lawlor
Duplex Printing v. Deering
Utilities Services v. Colorado Building
NLRB v. Kentucky River Community
EXAM 2: Chapters 6 – 11
NOTE: Case briefs for chapters 6 – 11 will not be accepted after Exam 2 is given.
______________________________________________________________________________
Feb. 12
Unionization
Ch. 13
Unfair Labor
Ch. 14
Collective
Bargaining
Ch. 15
Picketing &
Strikes
Ch. 16
Enforcement of
Agreement
Ch. 17
Rights of Union
Members
Ch. 18
Public Sector
Labor Relations
Ch. 19
NLRB v. Town & Country Electric
NLRB v. City Disposal Systems
Lechmere v. NLRB
Guard Publishing v. NLRB
Electromation v. NLRB
Diamond Walnut v. NLRB
______________________________________________________________________________
Feb. 17
Emporium Capwell v.Western Addition
Aucielo Iron Works v. NLRB
First National Maintenance v. NLRB
Visiting Nurse Services v. NLRB
H. K. Porter v. NLRB
Hudgens v. NLRB
Smitley v. NLRB
Int;l Union v. NLRB
Edward Debartolo v. Florida Gulf
____________________________________________________________________________
Feb. 19
Textile Workers Union v. Lincoln Mills
Eastern Assoc. Coal Corp. v. UMW
Olin Corp.
Fall River Dyeing v. NLRB
Steele v. Louisville & Nashville R.R.
Hines v. Anchor Motor Freight
Int’l Brotherhood v. Hardeman
Herman v. Local 1011
_____________________________________________________________________________
Feb. 24
Postal Clerks v. Blount
Professional Air Traffic Controllers v.
FLRA
Nat’l Treasury Employees v. Home
Land Security
American Fed. V. Robert M. Gates
City of Bethany v. Public Employees
Exam 3: Chapters 12 - 19
Note: Case briefs for chapters 12 – 19 will not be accepted after Exam 3 is given.
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___________________________________________________________________________
Feb. 26
OSHA
Ch. 20
Trinity Industries v. OSHA
Wood v. Dept. of Labor
Chao v. Mallard Bay Drilling
Anders v. Waste Management
Feb. 26
Employee’s
Safety Nets
Ch. 21
Label Systems Corp. v.
Aghamohammadi
Wall v. Astrue
Wirth v. Aetna
______________________________________________________________________________
March 3
Fair Labor
Standards Act
Ch. 22
West Coast Hotel v. Parrish
Christensen v. Harris County
Lockett v. Neubauer
Hiner v. Penn-Harris-Madison
Chao v. Vidtape
______________________________________________________________________________
March 5
FINAL EXAM: COMPREHENSIVE EXAM OVER ALL CHAPTERS.
Note: Case briefs for chapters 20 and 21 are due by 11:59 p.m. March 5, 2014.
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