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Introduction

Read the overview below and complete the activities that follow.

Application of Major Employment Statutes

Whether from the perspective of the manager or human resources professional or as an employee, it is necessary to have a comprehensive understanding of the laws that pertain to the workplace. Managers and HR professionals must protect their company from lawsuits and negative publicity, while employees must understand their legal rights in order to protect them.

CONCEPT REVIEW:

There are a variety of federal laws that define the relationship between employer and employee. Whether these laws pertain to the right to work, conditions of employment, workplace safety or termination, a failure to understand and apply these laws can lead to lawsuits against the employer or the loss of employee rights.

Comprehension Case

Read the case below. Identify the applicable statute and explain how it applies in the situation presented.

You have just been named the assistant vice president for Car Stuff, Inc. in the human resources department. Your job is to deal directly with employee issues and to provide advice to the company's executive officers. Car Stuff is a producer of automobile parts with two manufacturing and assembly plants with over $2,500$ workers in three eight hour shifts at each plant. The Bear plant employs $2,300$ workers and makes parts sold to General Motors for new Chevrolets. The Smyrna plant employs $200$ workers and makes aftermarket replacement parts sold to auto part retailers for older Chevrolets.

On Monday you get a call from Ted. Ted was an employee who left Car Stuff when he was called up for active duty in the Navy. Ted has been discharged and wants to return to his former job. Unfortunately, since Ted was away for three years, his position at the Bear plant has been filled.

On Tuesday, Kathy, a part time minimum wage employee in the car audio division calls to complain that Mike, her manager, is requiring that every employee in her division take a polygraph test. The reason that he's requiring the test is to investigate a series of thefts which have taken place in the car audio area. Kathy is also upset that Mike has searched Kathy's FaceBook account and found nude pictures of her from a senior high school class trip to Acapulco. She wants to report Mike for invasion of her privacy. Mike is also requiring Kathy to work one additional hour a day for the next thirty days at her regular wage rate due to an increased workload. She's happy to get the additional hours but questions the legality of being paid the regular minimum wage rate.

On Wednesday, Brad calls to ask for paid leave to travel to Bangalore, India to finalize an adoption proceeding that Brad and his wife have been pursuing. The adoption has been approved and the child must be picked up in India. Brad's wife will accompany him to India and Brad is asking for three weeks of leave; one for travel and two to allow him to assist his wife once they return home.

On Thursday, Allison, manager of the sheet metal cutting department, calls to report that Lisa, one of her employees, has been injured. While operating a sheet metal cutting saw, Lisa became distracted and cut off a finger. The reason for the distraction was that she had not slept the night before after breaking up with her boyfriend and she was exhausted. While Allison feels bad for Lisa, she considers it Lisa's fault and believes the company should not be liable for Lisa's injuries.

On Friday, you receive a call from the company's chief executive officer $($CEO$)$ telling you that the aftermarket division has been operating at a loss and that the Smyrna plant is to be shut down permanently. The CEO indicates that the board of directors has authorized an immediate closure of the plant, with the shutdown scheduled in ten $(10)$ days.

When Kathy questions her manager about the polygraph test and his search of her Facebook account, he states that he is protected by the $1988$ Employee Polygraph Protection Act and that he may proceed with both activities. Which of the following statements is true based on this Act?

Multiple Choice

Only the Facebook search is justified.

Neither activity is justified.

Both activities are justified if drug testing is conducted first.

The polygraph is justified, while the Facebook search is not.

Both activities are justified.