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Saturday, January 21, 2012

Course Syllabus- Please Read




University of San Diego
School of Business Administration

ETLW 302

Business & Society
Sections # 3 & 4
Spring 2012




Richard E. Custin, J.D., LL.M.              email:  rcustin@sandiego.edu
Olin Hall Office 205    Office Hours- 10 A.M. to 12 P.M. MWF and as arranged
619 260-4854                                                                                                                                     




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 complete this course will be able to:

Prepare a clear, concise and well-written business memorandum

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





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

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

Kunkel, S. (2006). The 80/20 Guide to Business Writing. Kunkel Publishing

Upton Sinclair, The Jungle (1906)





Course Requirements and Student Evaluation: 

Attendance:

We expect that students will attend all scheduled classes.  Your final cumulative point total may be reduced two percentage points for each absence.  Absences greater than 4 days will result in a failing 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 and on the class blog. 


Caveat:

Average work in this course will result in a “C’ grade.  You must be prepared to discuss the material assigned and the cases contained within. 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!   Not having a textbook in class is considered an absence. 

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.

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.  Unauthorized use will result in the equivalent of a class absence.  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.   



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 - 30% - multiple choice

Final Examination- Essay and/or multiple choice- Comprehensive - 30%

Business Writing Assignments -20% (see due dates below)

Class Participation - 20%





Business Writing Assignments- Due Dates*

All student papers must be 3 pages in length, double-spaced and consistent with the format of the paper memo, 5.1 in the Kunkel text.

2-3 to 2-9 Computer based pre-test - completed outside of class*  

2-10 First paper due  - A memo to your manager including a report and discussion of the legal issues, options and costs to Johnson Controls as a consequence of the Supreme Court opinion.   AUTOMOBILE WORKERS v. JOHNSON CONTROLS, INC., 499 U.S. 187 (1991) (5%)


2-29 First paper revision due (5%)

3-16 Second paper due - Whether private sector unionization remains relevant to modern business.  Includes a discussion of the history of unionization and current trends. Upton Sinclair, The Jungle (1906) (5%)

4-4 Second paper revision due (5%)

4-9 to 4-13 Computer based post-test – completed outside of class*


  • Late assignments will not be accepted.  No exceptions.  You must personally deliver a hard copy of your assignment on the due dates. You are responsible for scheduling a date and time to review your written assignments.









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

Test # 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
Test # 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

Test # 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

Sunday, January 8, 2012

Cihon Text Available on Amazon>>>>


I located the text on Amazon.  Happy shopping!

http://www.amazon.com/Employment-Labor-Law-Patrick-Cihon/dp/1439037272

According to the publisher:  A comprehensive introduction to employment and labor relations law, EMPLOYMENT AND LABOR LAW is ideal for non-legal students and professionals. Excerpts from real case law throughout the book illustrate how labor-related disputes arise and get resolved in the courts. And, eye-opening chapter features like The Working Law and Ethical Dilemma demonstrate how labor legislation and ethical decision-making can impact companies today. Complete with the most up-to-date information on the ADA Amendments Act, ERISA Amendments under the Obama Administration's 2009 economic stimulus plan, the Lilly Ledbetter Fair Pay Act, and much more, no other book combines such balanced coverage with an accessible, reader-friendly approach.

Friday, January 6, 2012

Tips for Blogging

Please do not sign-up as a anonymous user. I will need to identify you as a contributor of your posts. Participation on the Blog is an essential part of your class participation. Any post or comment must include a substantive narrative by you. It is not sufficient to merely cut and paste text or provide a link. Please also provide proper authority / citation for any material or idea that is not your own. We will discuss specific rules for the Blog on the first day of class. Thank You! Rick Custin

Welcome to Business and Society- Spring 2012

Welcome to Business and Society- Spring 2012
Please obtain the following required text(s) prior to the first day of class:
1. Cihon & Castagnera, Employment & Labor Law, 7E, South-Western
(978-1-4390-3727)
2. Kunkel, S. (2006). The 80/20 Guide to Business Writing
Kunkel Publishing
3. Upton Sinclair, The Jungle* (may be available on-line)
You will need to bring the Cihon text to each class meeting. Please 
consider
reading The Jungle prior to the first day of class. See you soon!
Additional messages to follow. Please periodically check this blog!
Rick Custin


Wednesday, April 6, 2011

Wednesday, March 2, 2011

US Supreme Court allows anti-gay military funeral protests

Westboro Baptist Church protestersWestboro Baptist Church has staged protests at the funerals of soldiers killed in Iraq and Afghanistan

The US Supreme Court has ruled that a controversial anti-gay church has the right to picket military funerals under by the free speech provision in the US Constitution.

The court ruled 8-1 in favour of the Westboro Baptist Church, which was sued by the father of a dead US Marine.

The court upheld a ruling throwing out a $5m (£3m) judgment to the father.

Chief Justice John Roberts said the Constitution could not be thrown out because "picketing was outrageous".

"What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the First Amendment, and that protection cannot be overcome by a jury finding that the picketing was outrageous," Chief Justice John Roberts wrote in opinion for the court.

Church members, led by the Reverend Fred Phelps, have picketed outside numerous military funerals to draw attention to their view that US military deaths in Iraq and Afghanistan are punishment for the immorality of Americans, including tolerance of homosexuality and abortion.

Snyder funeral

Matthew Snyder died in Iraq in 2006 and his body was returned to the US state of Maryland for burial, which members of the Westboro Baptist Church picketed.

The protesters marched with signs outside the soldier's funeral that read "Thank God for Dead Soldiers", "You're Going to Hell" and "God Hates the USA/Thank God for 9/11", which forced the funeral procession to alter its route.

Soon after, Albert Snyder, Matthew's father, came across a poem on Westboro Baptist Church's website attacking his son's upbringing.

Mr Snyder then filed a lawsuit accusing the church of intentionally inflicting emotional distress and won $11m at trial, which was later reduced by a judge to $5m.

But a federal appeals court in Virginia threw out the judgement, saying the Constitution shielded the church members from liability.

Wednesday, February 16, 2011

Wal-Mart Takes Out Life Insurance Policies on Their Employees

Attorney: Wal-Mart Collected On Deaths

Published: Jul 3, 2007

TAMPA - When Karen Armatrout died in 1997, her employer, Wal-Mart, collected thousands of dollars on a life insurance policy the retail giant had taken out without telling her, according to a lawsuit filed in U.S. District Court.

Armatrout was one of about 350,000 employees Wal-Mart secretly insured nationwide, said Texas attorney Michael D. Myers, who estimated the company collected on 75 to 100 policies involving Florida employees who died.

Myers is seeking to make the Armatrout lawsuit a class-action case on behalf of the estates of all the Florida employees who died while unwittingly insured by Wal-Mart.

"Creepy's a good word for it," Myers said. "If you ask the executives that decided to buy these policies and the insurance companies that sold them, they would say this was designed to create tax benefits for the company, which would use the benefits for benevolent purposes such as buying employee medical benefits.

"If you asked me, I would say they did it to make more money."

Wal-Mart spokesman John Simley said he could not comment because the company has not been served with the lawsuit.

The company settled two lawsuits with employees represented by Myers in Texas and Oklahoma, one for about $10 million and one for about $5 million. He said Karen Armatrout came to his attention when Wal-Mart mistakenly gave her husband's phone number to an Oklahoman who called the retailer inquiring about the settlement.

Myers said he also has filed a lawsuit against Wal-Mart in Louisiana.

Payouts Up To $80,000

Richard Armatrout, who is retired, does not want to speak publicly about his case, Myers said. Armatrout did not respond to a message left by the Tribune.

Karen Armatrout was 50 when she died of cancer, said Myers, who said she had worked several years in the pharmacy of the store on West Waters Avenue.

Myers said the policy payouts ranged from $50,000 to $80,000, depending on the person's age and gender. They were taken out on all full-time Wal-Mart employees who, in December 1993, were between ages 18 and 70 and participated in the medical benefits plan.

He said the company stopped taking out the policies in 1995 but continued to receive payouts on employees who died, even those who had left Wal-Mart.

Wal-Mart, which said it canceled its policies in early 2000 because it was losing money on the arrangement, says the program was intended to reduce its income taxes to help pay rising employee health care costs. Workers were notified and given the opportunity to opt out, the company said.

The Armatrout lawsuit says the policies were all written in Georgia, where the laws allowed such policies to be obtained.

The lawsuit says Wal-Mart used confidential information it received from employees for use in their employment, such as Social Security numbers and dates of birth, to obtain the life insurance policies.

Myers said this corporate practice is not uncommon. He estimates that up to 25 percent of Fortune 500 companies have taken out such policies on employees. The vast majority of the time, the employees didn't know, Myers said.

The practice evolved over time, Myers said. Corporations started by taking out large life insurance policies on key executives, getting tax breaks when they paid the premiums and collecting the payouts.

IRS Not Pleased, Attorney Says

The amounts of those policies grew to the point that Congress limited how much a company could insure an individual for, Myers said. Insurance companies then suggested buying lots of small policies on companies' work forces, the attorney said. He said the Internal Revenue Service has labeled the practice a sham and has successfully litigated the issue against several corporations.

Myers said his law firm has sued corporations for the practice, including Winn-Dixie and Fina Oil and Chemical. The latest case is its first in Florida.

The practice spread beyond top executives in the 1980s when the industry successfully lobbied states to allow employers to claim an "insurable interest" in the lives of rank-and-file workers.

Many employers seized on the practice because they could borrow against the policies, and the interest paid was tax-deductible. Congress closed that loophole in 1996, but COLI - corporate owned life insurance - remained a popular investment strategy.

The chief appeal was that interest accrues over time on the money in such policies. When a worker dies, the employer collects without paying taxes on the gain.

In 2001, premiums on such policies swelled to $2.8 billion from $1.5 billion the year before, according to a report by CAST Management Consultants of Los Angeles.