A Decision in the Hobby Lobby case

Please take a look at the following article concerning the Supreme Court's recent decision in the Hobby Lobby case:

http://www.forbes.com/sites/daviddavenport/2014/06/30/congress-actually-decided-the-hobby-lobby-case-decades-ago/

What repercussions, if any, are likely to follow this decision?

Do you believe that the Court made the correct decision?

Harris v. Quinn

On June 30th the Supreme Court, by a 5-4 vote, the justices ruled in Harris v. Quinn that home health care workers in Illinois cannot be compelled to pay dues to a union they don’t wish to join. That ruling is a blow to the Service Employees International Union, the American Federation of Teachers and other unions that have organized tens of thousands of home health workers in states including Illinois, California and Connecticut. Those workers can now decide whether they want to pay dues.

It is predicted that public union membership and finances will suffer under this ruling by giving workers the option of not paying dues and joining. With this precedent future cases could strip the unions of even more power. 

President Obama to sign executive order prohibiting discrimination against LGBT employees

Please take a look at the following article addressing President Obama's planned executive order extending protection to LGBT employees of companies doing business with the federal government.

http://www.latimes.com/nation/la-na-obama-discrimination-20140617-story.html#page=1

Do you believe that this Order will have a meaningful impact on LGBT discrimination?  How preveleant is workplace discrimination based on LGBT status?  Is an executive order appropriate in this instance?

Duran v. U.S. Bank National Association,

In a recent publication by Paul, Plevin, Sullivan & Connaughton LLP, Employment Law E-Update, a recent court case, Duran v. U.S. Bank National Association, proved how costly misclassification of position is. The bank misclassified 260 loan officers and the loan officers were awarded $57,000 each, totaling to $15,000,000. The court took a unique approach and instead of interviewing all 260, they based their verdict on a sampling of 22. I found this interesting as we just discussed this in class. This is a recent verdict (May 2014), interesting case. Ann

Business and Society Syllabus- Summer 2014

University of San Diego

School of Business Administration

ETLW 302

Business and Society

Summer 2014

TR 9-12:15 P.M. TR

Professor Richard E. Custin, J.D., LL.M.                                            email:  rcustin@sandiego.edu

Coronado 216                                                               Office Hours- TR 8-9 A.M. and as arranged

619 260-4854                                                                                                                                     

Class Blog:  http://custinusdbusinesssociety.blogspot.com/

Course Description:

This course examines principles of social responsibility, ethics, law, and stakeholder theory as they apply to organizations domestically and abroad. Coverage includes business ethics; individual versus societal interests; labor and employment issues; consumer protection; discrimination and diversity; the natural environment; politics, public policy, and government regulation of business. Particular attention is given to developing moral reasoning skills. Prerequisite: MGMT 300.

Course Objectives:

Students successfully completing this course will be able to:

Recognize the stakeholders in various types of international and domestic organizations

Evaluate competing interests in business, government, and society

Apply ethical reasoning to problem solving in business

Demonstrate an appreciation for diversity

Assess the relationship of ethics and law

Develop an applied knowledge of employment and labor law

Key topics to be covered this semester are:

      The Relationship between Business and Society

      Social Corporate Responsibility

      The Stakeholder Approach

      Corporate Governance

      Crisis Management

      Business Ethics

   

      Employment Law

      Labor Law

      Employment Discrimination and Affirmative Action

      Workplace Legal Issues including Privacy, Health and Safety

      Alternative Dispute Resolution- Arbitration and Mediation

      Defined Benefit and Defined Contribution Retirement Plans, Workers Compensation and   

      Unemployment Compensation

Required Course Materials: (must be obtained in advance of first day of class)

Cihon and Castagnera, Employment and Labor Law, 8^th edition, South-Western

(978-1-133-58660-9)

Previous or electronic editions are not acceptable.  You may not “share” a book with another student in the class. 

Course Requirements and Student Evaluation: 

Attendance:

We expect that students will attend all scheduled classes. Please do not enter the classroom late.  If the class is in session, do not knock on the door or otherwise interrupt the discussion or activity. If you are late, please wait until the next break time to enter the classroom.

Participation:

Active participation is the key to success in this course.  You must bring your text to each class meeting.  No exceptions.  You must be prepared to discuss each case that is assigned for reading and study.  You are encouraged to participate in class and on the class blog. 

Caveat:

You must be prepared to discuss the material assigned and the cases in the required text. In the event you are unprepared for any class question or case discussion your overall cumulative grade points may be reduced five points for each instance you are unprepared.  We need your active participation.

Please provide me with a valid e-mail address.  I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading.  An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you.  Therefore, check your e-mail regularly! 

No make-up examinations will be given absent extraordinary reasons. (major earthquakes-8.0+, tornados, floods- like the “Ark”, impending end of world, and disasters of monstrous proportion)  No assignments will be accepted after the announced due date.

Please remember to silence your cell phone during class.  No computers or other electronic devises are permitted during class lecture or discussion.  Unauthorized use during an examination will result in a failing grade.

Please do not request a specific grade or advise the instructor that you need a grade to maintain a scholarship or for some other reason.  Requesting a grade or attempting to influence the instructor concerning grading constitutes professional misconduct. 

Unless approved in writing by the instructor, any audio or video recording of the lecture or class discussions is strictly prohibited.

Unless expressly provided by the instructor, you may not submit assignments as attachments or electronically.  Please retain copies of all written assignments you submit.

Grading:

Scale:  A+ 100-97, A 96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D 68-62, D- 61-60, less than 60=F

3 tests - 40% - Multiple Choice

Final Examination- Essay and/or multiple choice- Comprehensive - 40%

Class Participation and Professionalism- 10%

Individual and Group Assignments- 10%

Important: Earning a grade of A in the course also requires that you were prepared for each class meeting, maintained professionalism at all times, completed all class assignments and actively participated in class discussions.

Statement on Academic Integrity: 

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

To develop socially responsible business leaders with a global outlook through academically rigorous, relevant, and values-based education and research.

Disclaimer

The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice.  If you need legal, tax or any other professional advice, consult a licensed attorney or other qualified professional.  The Professor is not providing legal or other representation to any student.  No attorney client privilege is intended or implied.

Tentative Schedule- Subject to Change

Class	Topics	Assignments/Deliverables
Week 1	Overview of Employment and Labor Law- Stakeholder Approach	Chapter 1
	Employment Contracts and Wrongful Discharge	Chapters 2 & 3
Week 2	Employee Privacy Rights- Business Ethics- Global Perspective	Chapters 4 & 5 Test # 1
	Title VII of the Civil Rights Act and Race Discrimination	Chapter 6
	Gender & Family Issues	Chapter 7
	Discrimination Based on Religion and National Origin	Chapter 8
Week 3	Discrimination based on Age	Chapters 9
	Discrimination Based on Disability	Chapter 10 Test # 2
Week 4	The Rise of Organized Labor- Corporate Social Responsibility	Chapter 12
	The Unionization Process and Unfair Labor Practices	Chapters 13 & 14 Test # 3
Week 5	Occupational Safety and Health	Chapter 20
	Employee Safety Nets- Unemployment, Workers Compensation and Social Security	Chapter 21
Week 6	The Fair Labor Standards Act	Chapter 22
	To be announced	Comprehensive Final Examination

18 Etiquette Tips for E-mailing Your Professor

Consider these things when communicating electronically with your college instructors.

By Jeremy S. Hyman and Lynn F. Jacobs Sept. 30, 2010

Professors, like everyone else, have gone electronic. In addition to the one-on-one office hour, they're quite willing to communicate by e-mail. Here are some things to consider before clicking the "Send" button:
1. E-mail is forever. Once you send it off, you can't get it back. Once your professor has it, he or she owns it and can save it or, in the worst case, forward it onto colleagues for a good laugh—at your expense.
2. E-mail goes where it's told. Check—and double check—to see that the right address appears in the "To" line. Just because your mom and your professor are both named "Lynn" is no reason to send all your love to Professor Lynn.
3. Professors might not be using the cruddy university e-mail system. So send it to the address they actually use, not the one on the university directory. (Check the syllabus or assignment sheet for clues.)
4. Professors might not open mail sent from luckydogpig@thepound.com. They prefer to open mail sent from more reputable addresses, like you@theCruddyUniversityE-mailSystem.edu.
5. Subject lines are for subjects. Put a brief explanation of the nature of the e-mail (like "question about paper") in the subject line. Never include demands such as "urgent request—immediate response needed." That's the surest way to get your request trashed.
6. Salutations matter. The safest way to start is with "Dear Professor So and So" (using their last name). That way you won't be getting into the issue of whether the prof has a Ph.D. or not, and you won't seem sexist when you address your female-professor as "Ms." or, worse yet, "Mrs. This and That."
7. Clear and concise is best. Your prof might get 25 or 30 E-mails a day, so, it's best if you ask your questions in as focused and succinct a way as possible. (Hint: it's often good to number your questions). And, if your question is very elaborate or multifaceted, it's best to go to an in-person office hour. You'll get better service that way.
Extra Pointer. Before sending a draft of a paper to a professor as an attachment, check to see that he or she is willing to accept such longer documents. If not, see if he or she will look over a page or even a central paragraph of your work incorporated into the body of the E-mail. And be sure to "cc" yourself any time you send a piece of work; who knows the fate of the copy you're sending?
5-Star Tip. Never e-mail your paper as an attachment in a bizarre format. You might think that .odt is really cool since you didn't have to pay for Open Office. But what when the professor discovers it takes him or her 20 minutes to find the plug-in that doesn't work, then another half hour to download Open Office (which ties up all too much space on his computer). What was supposed to be a 15-minute grading job on your paper is now taking over an hour. And then the prof has to assign your grade? Stick to Word.
8. Always acknowledge. If your professor decides to answer—or send you the handout or reference that you asked for—be sure to tell him or her that you got it. That way he or she will think kindly of you next time they see you in class.
9. THIS IS NOT A SHOUTING MATCH. Don't write in all uppercase letters, which is an E-mail convention for anger or other strong emotions. No one likes yelling.
10. No one really likes emoticons and smileys. Trust us on this one. :)
11. This is not Facebook. Don't write the professor in the way you'd write on your friend's wall.
5-Star Tip. It's never a good idea to "poke" your professor, no matter how funny it seems at the time.
12. This is not IM-ing. So pls dun wrte yor profeSR lIk ur txtN. uz abbrz @ yor own rsk. coRec me f Im wrng. (Translation thanks to www.transl8it.com, which features a neat little Facebook widget.)
13. This is not CollegeHumor. Resist the temptation to talk about the "bad ass" paper you need help with, your "loser" TA who didn't teach you what you needed to know, or the "crappy" grade you just got on the midterm.
14. This is not RateMyProfessors.com. The professor doesn't want your comments about his or her performance in the class. Save those for the end-of-semester evaluations, where you'll be able to spout off. Anonymously.
15. Spelling mistakes make you look like a doofus. So always use the spel check, and proofread yyour e-mail, two.
16. Signoffs and signatures count. Always end by thanking the professor for his or her time, and closing with "Best wishes" or "Regards" (or some other relatively formal, but friendly, closing). And always sign with your (entire) real name, not some wacky nickname like Ry-Ry or Biff.
17. Your prof doesn't want to hear your philosophy of life. Skip the cute quotes or statements of your religious or political views at the bottom of your E-mail. You never know what offends.
18. Don't lay it on too thick. It's one thing to be polite and friendly in your e-mail; it's another thing to wind up with a brown nose.
Source: http://www.usnews.com/education/blogs/professors-guide/2010/09/30/18-etiquette-tips-for-e-mailing-your-professor (retrieved May 21, 2014)

Important Information

Hi: I have received several messages from students indicating that they would be missing class meetings this summer. If this applies to you, my strong recommendation is to drop this course and re-enroll in the course when you do not anticipate missing class meetings. It is not possible to make-up the material we cover and students who have missed class meetings have consistently earned poor grades. Please make certain you have completed the first day ass

Important- First Day Class Assignment- Summer 2014

Welcome to Business & Society! The Summer 2014 term is just around the corner! All students must obtain the required textbook prior to the first day of class. Please bring your textbook to the first day of class. Excuses such as "the book is on order", "delivery was delayed", "I have the wrong book", "I didn't receive the email" or any other reason will not be accepted. You cannot share a book with another student. The textbook will be: Employment & Labor Law, Cihon & Castagnera, 8th Edition, South-western, 978-1-285-19304-5, (2014) Previous editions and the electronic edition of the textbook are not acceptable. The textbook used in the Spring 2014 semester is not acceptable. Assignment for the 1st day of class: Please read and study the Preface, (xvi-xxvi), Chapter 1, (pps. 1-18) Answer questions 1, 2 & 5. I will collect your word processed (paper) answers to these question at our first class meeting. See you soon! Rick Custin

Required Textbook

Hello: Please print the syllabus and bring a paper copy of these files to the first class meeting. You must have a paper copy of these files at the first class meeting. Please also note that my previous email listed an Instructor's Edition ISBN number for the required text. The ISBN number for the student required text is: 978-1-133-58660-9. It is my understanding that the correct text is available in the USD Torero bookstore. Thank you! Rick Custin

Jacqueline Rush

On Sunday March 30, 2014 we lost a young woman with exceptional promise to cancer.  Jacqueline was a student, friend and daughter.  She will be missed by all who had the privilege of knowing her.  It was a blessing to have her with us. Her smile, kindness and courage will endure forever.

First day Assignment- Business & Society Spring 2014

It's almost that time again!  Welcome to Business & Society!

Please obtain the following text.  You must bring the text to the first day of class.  You can choose to use an electronic version of the text.

Cihon & Castagnera, Employment & Labor Law, 7E, South-Western (978-1-4390-3727)

 (Custom or other editions are not adequate)

First day class assignment:

Please read and study Chapter 1 in the Cihon text, pps. 3-15.  Answer question 5 on p. 17.  This assignment must be word processed.  I will collect your completed assignment on the first day of class.

See you soon!  Rick Custin

Syllabus for Business & Society Spring 2014

University of San Diego

School of Business Administration

ETLW 302

Business & Society

Section # 3, 12:20-1:15 P.M. MWF

Spring 2014

Richard E. Custin, J.D., M.Ed, LL.M.                                                 email:  rcustin@sandiego.edu

Coronado 216                       Office Hours- 7-7:45 A.M. MWF; 1:30-3 P.M. MW and as arranged

619 260-4854                                                                                                                                     

Class Blog:  http://custinusdbusinesssociety.blogspot.com/

Course Description:

This course examines principles of social responsibility, ethics, law, and stakeholder theory as they apply to organizations domestically and abroad. Coverage includes business ethics; individual versus societal interests; labor and employment issues; consumer protection; discrimination and diversity; the natural environment; politics, public policy, and government regulation of business. Particular attention is given to developing moral reasoning skills. Prerequisite: MGMT 300.

Course Objectives:

Students who successfully complete this course will be able to:

Recognize the stakeholders in various types of international and domestic organizations

Evaluate competing interests in business, government, and society

Apply ethical reasoning to problem solving in business

Demonstrate an appreciation for diversity

Assess the relationship of ethics and law

Develop an applied knowledge of public law including employment & labor law

Key topics to be covered this semester are:

      The Relationship between Business & Society

      Corporate Responsibility

      The Stakeholder Approach

      Corporate Governance

      Crisis Management

      Business Ethics

   

      Employment Law

      Labor Law

      Employment Discrimination & Affirmative Action

      Workplace Legal Issues including Privacy & Health & Safety

      Alternative Dispute Resolution

Required Course Materials: (must be obtained in advance of first day of class)

Cihon & Castagnera, Employment & Labor Law, 7E, South-Western (978-1-4390-3727)

(Custom or other editions are not adequate)

Course Requirements and Student Evaluation: 

Attendance:

Absences from class may adversely affect your grade. Please do not enter the classroom late.  Tardiness may count as a class absence.  Please note:  Students in prior semesters have ignored the attendance and tardiness rule and have earned poor grades.

Participation:

Active participation is the key to success in this course.  You must bring your book to each class meeting.  No exceptions.  You must be prepared to discuss each case that is assigned for reading and study.  You are encouraged to participate in class discussions.

Caveat:

Average work in this course will result in a “C’ grade.  I welcome your active participation!   Not having a textbook in class is considered an absence.  If you are unprepared for any class question or case discussion your overall cumulative grade may be reduced by five points for each instance you are unprepared.

Please provide me with a valid e-mail address.  I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading.  An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you.  Therefore, check your e-mail regularly!  You may need access to the Internet to complete some assignments.

No make-up examinations will be given absent extraordinary reasons. (Ie: major earthquakes-8.0+, tornados, floods- like the “Ark”, impending end of world, and disasters of monstrous proportion)  No assignments will be accepted after the announced due date.  It is not possible to “make-up” class assignments.

You may use your computer for viewing the electronic text or for taking class notes. Please do not text, use your cell phone, or your computer for any other reason. 

Please do not request a specific grade or advise the instructor that you need a grade to maintain a scholarship or for some other reason.  Requesting a grade or attempting to influence the instructor concerning grading constitutes professional misconduct.   I do not change grades unless I have made a calculation error.  I do not discuss grades via email.

I retain copies of tests, examinations and assignments for sixty days following the end of the semester.

Professionalism requires that you act at all times with skill, good judgment and respect for others.

I generally do not entertain questions within 24 hours of any test including the final examination. The final examination time is set by the USD Registrar and is available on my.sandiego.edu.

Grading:

Scale:  A 100-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D 69-60, less than 60=F

3 quizzes - 40% - multiple choice

Participation / Professionalism: 10%

Writing Assignments: 10%

Final Examination- Essay and/or multiple choice- Comprehensive - 40%

(please see MySanDiego for the date and time for the final examination.  You may not take the final examination at any other date or time)

Statement on Academic Integrity: 

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

To develop socially responsible business leaders with a global outlook through academically rigorous, relevant, and values-based education and research.

Disclaimer

The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice.  If you need legal, tax or any other professional advice, consult a licensed attorney or other qualified professional.  The Professor is not providing legal or other representation to any student.  No attorney client privilege is expressly intended or implied.

Tentative Schedule- Subject to Change

Class	Topics	Assignments/Deliverables
Week 1	Overview of Employment & Labor Law- Stakeholder Approach	Chapter 1
Week 2	Employment Contracts and Wrongful Discharge	Chapters 2 & 3
Week 3	Employee Privacy Rights- Business Ethics	Chapters 4 & 5 Quiz # 1
Week 4	Title VII of the Civil Rights Act and Race Discrimination	Chapter 6
Week 5	Gender & Family Issues	Chapter 7
Week 6	Discrimination Based on Religion and National Origin	Chapter 8
Week 7	Discrimination based on Age	Chapters 9
Week 8	Discrimination Based on Disability	Chapter 10 Quiz # 2
Week 9	The Rise of Organized Labor- Corporate Social Responsibility	Chapter 12
Week 10	The Unionization Process and Unfair Labor Practices	Chapters 13 & 14 Quiz # 3
Week 11	Occupational Safety & Health	Chapter 20
Week 12	Employee Safety Nets- Unemployment, Workers Compensation & Social Security	Chapter 21
Week 13	The Fair Labor Standards Act	Chapter 22
Week 14	To be announced	Comprehensive Final Examination