Based on your observations of the chronology and overview, how do you feel that efforts/movements presented that focused on civil rights impacted the evolution of laws that address the work environment (employee-employer relationships, employee rights/treatment, etc.)? Know the basic definition of civil rights.
2. In A, B & C that follow, read the material indicated and follow the assignment given.
NOTE: Extended answers are not being sought in responding to questions. Addressing all questions listed should not result in more than two pages with all typed responses. Please organize your assignment by restating the questions followed by responses in paragraph form.
Text: The Law of Higher Education (Kaplin & Lee)
A. Chapter 1 PERSPECTIVES AND FOUNDATIONS (Read Pages 40-57)
Read Sections: 1.5 The Public–Private Dichotomy
1.5.1 Overview
1.5.2 The state action doctrine
1.5.3 Other basis for legal rights in private institutions
Also, read State Action Doctrine (Links to an external site.) under the Resources
Assignment
Q: What is meant by the term “State Action?”
Q: What is mean by the term “under color of law?”
Q: How does the State Action Doctrine impact both public and private colleges and universities?
Readings
Be prepared to discuss how this material relates to and affects institutional work environments (employee-employer relationships, employee rights/treatment, etc.).
B. Chapter 1 PERSPECTIVES AND FOUNDATIONS (Read Pages 57-75)
Read Sections: 1.6 Religion and Public-Private Dichotomy
1.6.1 Overview
1.6.2 Religious autonomy rights and religious institutions and their personnel
1.6.3 Government support for religious institutions
1.6.4 Religious autonomy rights of individuals in public post-secondary institutions
Assignment
Q: What is the Establishment Clause?
Q: Based on the material read, how do you think religious (sectarian) institutions might be treated the same and be treated differently “under the law” (laws’ application/affect) when it comes to employment (employee-employer relationships, employee rights/treatment, etc.)?
Readings
Be prepared to discuss how this material relates to and affects institutional work environments (employee-employer relationships, employee rights/treatment, etc.).
C. Chapter 4 THE COLLEGE AND ITS EMPLOYEES (Read Pages 255-261)
Read Sections: 4.1 Overview of Employment relationships
4.2 Defining the Employee Relationship
4.2.1 Employees versus independent contractors
4.2.2 Where is the workplace?
Read the following at the link given:
Fact Sheet #13: Am I an Employee?: Employment Relationship Under the Fair Labor Standards Act (FLSA)
https://www.dol.gov/whd/regs/compliance/whdfs13.pdf
Assignment
Q: What constitutes an employer-employee relationship?
Q: Is the employment relationship a contractual relationship?
Q: Can the employment relationship be modified?
Q: What is the Fair Labor Standards Act (FLSA)?
