LAW2001 Johnson & Wales University Family Medical Leave Act Case Study On Monday, November 6, 2017, 16 year old Mariah becomes sick at school and calls her

LAW2001 Johnson & Wales University Family Medical Leave Act Case Study On Monday, November 6, 2017, 16 year old Mariah becomes sick at school and calls her mom, Michelle. Michelle takes Mariah to see Dr. Hart, who diagnoses Mariah with the flu. Mariah is lethargic and feverish, so Dr. Hart prescribes lots of rest and fluids; he then advises Michelle to keep Mariah home from school for the rest of the week. Michelle contacts her employer to inform them that her daughter is sick and she cannot return to school for a week. She then requests permission to use FMLA leave for the days she will miss from work (half a day Monday, and all day Tuesday through Friday). Michelle is a full-time employee and has worked for her employer for the past six years roughly forty hours per week. During the past 52 weeks of work, Michelle has used 10 weeks of FMLA leave, some for herself after an injury and some when her husband required surgery. Michelle works for a retail company that hires many seasonal employees. During the summer as well as the eight week period between November 1st and Christmas, the company employs upwards of 80 people. During the other (non-seasonal) weeks of the year, the company employs 30 permanent staff. Is Michelle entitled to FMLA leave? In your answer, define the FMLA and explain the parameters of leave covered by the statute. Is this company governed by the FMLA? Is Michelle an eligible employee? Is Mariah’s illness a qualifying event? Is Michelle entitled to leave? If an employee is entitled to leave, what are they entitled to upon return to work? SHORT PAPER RUBRIC
This rubric is used to grade the 3 short (450-600 word) papers (each worth 100 points)
Answer (45 Points)
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•
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Did the student address all the points of the short paper?
Was the student’s position correct given the question of the paper
Did the student fully explain the position taken
Was the student clear on what his/her position was
Did the student express themselves professionally, using appropriate word
choice and an acceptable level of formality required for academic
writings?
Legal Support (45 Points)
• Did the student support the position taken with references and citations to
the law?
• Did the student use the correct law to support his/her position?
• Did the student fully explain the position taken
Spelling/Grammar (10 Points each)
Word Count (450 – 600 words using word count on Word)
• 400-449 words – minus 10 points
• 350-399 words – minus 20 points
• 300-349 words – minus 30 points
• 250-299 words – minus 40 points
• 200-249 words – minus 50 points
• 150-199 words – minus 60 points
• 100-149 words – minus 70 points
• 50-99 words- minus 80 points
• 0-49 words – minus 90 points
Late Work – minus 50% of points earned
• if you would have earned a 90 on the work, the grade posted will be a 45
There is an example short paper question and submission below.
EXAMPLE
Short Paper: Please identify a federal or state statute that relates to businesses. (Please
feel free to consult the following website for examples of state statutes regulating
corporations: http://www.law.cornell.edu/wex/table_corporations.) Do you agree or
disagree with the principles in this federal or state statute, and why? What effects do you
think this statute has had on businesses?
Answer:
I chose the to look at the Intellectual Property law and its relationship to businesses.
Under the body of Intellectual Property law, federal patent and copyright laws help
businesses claim ownership of their ideas, designs, and slogans. Intellectual Property law
protects the products and ideas of individuals and businesses (“What Is IP Law?”).
According to the Cornell University Law School, intellectual property “is any product of
the human intellect that the law protects from unauthorized use by others” (“Intellectual
Property”). The law considers patents, copyrights, trademarks, and trade secrets to be
intellectual property. Each type of intellectual property has specific laws that control and
govern them.
A patent allows the holder to exclude other individuals from making, using, importing,
and selling the patent (“Patent”). The law has certain requirements that include patentable
subject matter, utility, novelty, nonobviousness, and enablement. (“Patent”). The
patentable subject matter requires the individual or business to signify what invention
will need protection (“Patent”). This requirement also states that the products should be a
human-made invention rather than a product of nature (“Patent”). I agree with this law
because it controls the amount of patentable inventions and removes the fake inventions.
The second requirement is whether or not the invention is useful and can be used in the
real world (“Patent”). Novelty requires that the invention isn’t known in other countries
(“Patent”). I also agree with this law because it also minimizes the amount of useless
inventions and the chance of individuals stealing ideas. The last requirement, enablement,
requires documentation of the process of making the product which makes sure that the
product can be carried out (“Patent”). All of these laws make it very challenging for
individuals or businesses to get patents.
A copyright can be reproduced, displayed, and distributed exclusively by the owner
(“Copyright”). Copyrights reduce the amount of replications and similar ideas. This law
is crucial to federal intellectual property law because it determines authorship. As
technology advances, so does the laws surrounding copyrights. Motion pictures and
sound recordings can now have copyrights (“Copyright”). Trademarks also help separate
businesses from each other. For example, GEICO’s slogan or trademark is “15 minutes
could save you 15% or more on car insurance.” Trademark law makes it so other
businesses can’t take this slogan as their own. Copyrights and trademarks are very
important to branding and originality of businesses.
I agree with the majority of federal intellectual property law. I think that the law is fair
and is very important to the longevity of businesses. Without patents, copyrights,
trademarks, and trade secrets, businesses would be stealing ideas and wrongfully using
them. The policies are very strict, but they benefit businesses that have good ideas and
follow the rules. These laws have a large effect on the credibility, prosperity, and
longevity of businesses. Without a patent, trademark, or a copyright, the ideas and
products of businesses aren’t protected properly. This can lead to unwanted replications
and the stealing of ideas. Patents, copyrights, and trademarks are crucial to a business’s
original ideas, designs, and slogans.
Works Cited
“Copyright.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Intellectual Property.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Patent.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Trade Secret.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“Trademark.” LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016.
“What Is IP Law?” What Is IP Law? N.p., n.d. Web. 22 Mar. 2016.

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