Criminal history

As discussed in this week’s material, most employment relationships in the united states are at -will. this means that absent a relevant exception an employee can be fired fior any reason- no matter how irrational. Do you think at-will employment is fair ? why or why not?

 

1. Crimal history

It is clear that background checks are critical if employers want to avoid potential liability for negligent hiring, and potential liability under this cause of action creates incentives for employers to avoid ex-convicts to forestall these claims.

Do you think employers are reluctant to hire individuals with criminal records for this reason?

Does this encourage recidism?How-if at all-do you think this system should change?

 

2.Testing in the Workplace

Have you ever been administered a scored test of ability in an employment context?

Do you think the test did a good job measuring the skills needed  to succeed at the job? How were the test results used?

How much leeway for managers to give weight criteria that-while not adequately measured by the test-are critical for suceess in a business context?

 

3. Affrmative Action

Affirmative sction is one of that most controversal topics in employment law. How is affirmative action often presented in the media? How similar is that portrait to the one presented in Johnson v. Transportation Agency, Santa Clara County (CH 8, p 269 when sre racial preferences permitted?

 

4. Unprotected Classes

Many studensts are suprised to learn that employees may be fired for any reason not expressly prohibited by tge law. As we have seen, the law requires employers to accommodate a fairly wide range of employee behaviors and conditions. However, there sre still classess of employees and behaviors that are not protected by the federal law, e.g., sexual orientattion or political affliation. Should the law be expanded to cover additional classess and behaviors? why or why not?

 

5. A Livable Wage

The federal minimum wage was last updated to $ 7.25 in 2009.Is this enough money to live on? According to a new study from the university of california berkeley labor center, federal and state taxes are currently subsidizing the wages of low-wage employees to the tune of 153 billion a year. Is this far? Should the law be changed? Or is it true that the minimum wage should be abolished/lowered for infringing on individuals right to contract and for causing higher unemployment?

 

6. Have Unions served their purpose

The percentage of the workplace that is a parrt of a union has been decreasing for decades (especially in the private sector). Many laws have been passed that give employees rights that unions cared deeply about, e.g., FMLA, OSH Act, FSLA etc. Does that mean that unions are no longer needed? However, there is also evidence that an ever-increasing part of the pie is going to an ever smaller group of individuals. And unionized employees tend to make more and have stronger protections than non- union employees are union necessary?

 

7. An Ounce of Prevention

The class began with a discussion of at-well employment being the foundation principle of the employment relatioship. The  rest of the course complicated this principle by providing numerous exceptions. Based on ypur reading throughout the course, provide some best practices information about the ways that employers can protect themselves from lawsuits. Please go beyond stating that the employer should follow the law. BA 370.

 

8. Companies are starting to implement a reward strategy when compensating employees. Please give an example of a reward strategy for a company you or a family member work for and explain its benefits.

 

9 Talent Management

What is your definition of talent management?

Explain wht companies are placing intense focus on attracting and retaining the best talent at all levels of an organization.