>> Business Law and Ethics
1. Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use? How can that objection be moderated?
2. In your opinion, does the Equal Pay Act go far enough in prohibiting pay discrimination? Why, or why not? Should the proposed amendments to the EPA found in the Fair Pay Act be enacted? Why, or why not?
3. Assume an employee was able to make a prima facie case of pay discrimination. The burden has now shifted to the employer to prove that the pay differential was based on one of the legal factors other than sex. The specific fact scenario of the case is up to you; you may use a real life example or a fictional one. Begin your essay with a description of the facts (real or invented), be sure to include how you think she was able to prove the prima facie elements of pay discrimination. For the second part of this essay assume the role of attorney for the defendant/employer and argue that the pay difference was legitimate based on distinctions in one of the four compensable factors (skill, effort, responsibility, or working conditions). Also discuss any facts necessary to prove your case.
4. A company terminated an employee and sent him notification of his COBRA rights via certified mail with return receipt requested. The former employee was out of the house on two occasions when the postal service attempted to deliver the letter. It left a note that he could pick it up at the post office. However, when he went to the post office, the letter could not be found. The letter was later found and sent back to the employer marked undelivered. The employer made no further attempt to contact the former employee. The employee incurred medical expenses for which he wanted continuation coverage. The employer denied continuation coverage because he did not elect it within the required 60 days. The former employee sued. What is the issue in this case? What should the court decide, and why?