Course: HRM5020: Labor Laws and Ethical Standards

Review the following lecture:

Workplace Harassment OSHA

Read To answer questions below:

Affordable Care ActBailey v. Dejoy, No. 20-cv-00042 (D. Me. Feb. 26, 2021) (2021 U.S. Dist. LEXIS 35831; 2021 WL 767859) (Recommended Decision on Defendant's Motion to Dismiss)

DISTRICT COURT JURISDICTION OVER AFFORDABLE CARE ACT WHISTLEBLOWER COMPLAINT WHERE PLAINTIFF HAD NOT FIRST FILED AN ADMINISTRATIVE COMPLAINT WITH OSHA; MAGISTRATE'S RECOMMENDATION TO DISMISS

In Bailey v. Dejoy, No. 20-cv-00042 (D. Me. Feb. 26, 2021) (2021 U.S. Dist. LEXIS 35831; 2021 WL 767859), Plaintiff filed a complaint alleging ADA and Rehabilitation Act claims. She later amended the complaint to assert several additional Federal statutes, including the whistleblower protections of the Fair Labor Standards Act, 29 U.S.C. 218c (Affordable Care Act), which incorporates the procedures of the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b). The Magistrate Judge issued a recommended decision that included a recommendation to dismiss the 218c claim because there was no evidence that Plaintiff had first filed an administrative complaint with OSHA as required by 2087(b), and therefore the FLSA claim was not properly before the district court.

Questions:

1. Come up with a creative Topic

2. Introduction and thesis statement

3. Identify the parties involved in the OSHA violation and provide the factual details of the event, which led to litigation.

rewrite question be creative

please give an detailed explanation

please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

4. Analyze the facts and apply the OSHA regulations for whistle-blowers.

rewrite question be creative

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please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

5. Analyze the facts and determine if the Sarbanes-Oxley Act (SOX) applies to the organization.

rewrite question be creative

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please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

6. Justify your view on what should have been done to prevent the OSHA violation as well as provide your advice and best OSHA practices to avoid future OSHA violations and litigations.

rewrite question be creative

please give an detailed explanation

please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

7. Conclusion

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*Please make sure to number each answer with question