Part 1: Critical Analysis of the Law

1. Evaluate and discuss the requirements ofoneof the following laws. Give the code citation. How does it apply to employee management? What does a manager need to do or not do to comply with it? Provide in-text citations and references.

• Fair Labor Standards Act (FLSA) overtime provisions.
• Family Medical Leave Act (FMLA) leave provisions.
• Americans with Disabilities Act (ADA)
• Genetic Information Non-Discrimination Act (GINA)
• Sexual Harassment.

1. Evaluateoneof the following tools for compliance in employee evaluation. How would it limit legal risk related to employee evaluation? Discuss the pros and cons of it.

• Employee evaluation checklist
• Employee evaluation policies and procedures
• Corrective action policies and checklists
• Union clauses that impact employee evaluation, promotion, and appeal rights and impact how an employee was treated.

Part 2: Strategic Compliance with the Law

Evaluate the scenario in Ch. 7 Workforce Reduction: Hillside County Medical Center.

1. What are the legal risks? What are risks specific to employee termination in a reduction in force (RIF)? How will the union contract impact a RIF? How will the WARN law impact a RIF of over 100 employees?
2. What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent the need for a RIF?
3. Assume there is a RIF that involves employees with a union contract with seniority provisions. What employee termination tools (one) and processes (one) would you incorporate to minimize the likelihood of a wrongful termination lawsuit in this scenario? Be specific!