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Employment Law
Temple University School of Law
McCarthy, Francis Barry

1 grad building. 2 undergrad buildings.
2 separate entities?
Employees-
US citizens- different classifications. LPR & citizens, Japanese, other aliens.
Professors (adjunct, fulltime), Administrators, directors.
Temple’s legal status (university or corporation)
HR in Philly wants quick overview. Synopsis of introductory material.
Decide which employment laws the need to be aware of.
What Japanese laws apply.
Cite certain cases.
In what ways are the Japanese and American Trade Union Laws.
□ As you read the cases in Rothstein, compare how Japanese law would treat the issues by looking to the assigned material in Sugeno.
□ Please reread carefully the material on the basis of hiring freedom in Japan on pages 129 and 130 in Sugeno.
□ Does anything we have read in Japanese law up to this point suggest that a fact situation such as in Consolidated Services might constitute illegal discrimination?
□ Is it illegal to hire aliens in Japan? Again, just revisit what we have covered in Sugeno.
□ Are there any limits in Japan on what an employer may investigate in an applicant’s background either before offering a job or during the probationary period or on what an employer may ask during an interview?

Assignment Optional Writing Exercise No. 2
Drawing only on the material that we have read to this point, write a short memo to Temple (in Philadelphia) summarizing what it may permissibly do in Japan when recruiting and hiring employees there.
Assume those reading know almost nothing of the details of hiring here, so think of the steps in the recruiting and hiring process that we have encountered and discuss those that might apply — who to recruit, when and how to recruit them, where to recruit, background investigations, interviewing and permissible and questions, job offers and probationary periods, medical tests. In making a final comment, you might draw upon some knowledge gleaned from the article in 17 The Labor Lawyer 1 which I assigned for the first class.
□ equal treatment for women. Sugeno pg. 172.
□ know how Japan treats discrimination
□ make one line summary of D.T. and D.I.
□ review constitutional limits on at will employment.
□ review gov’t ability for at will employment.

Definitio

now the different employment tests names.
Do employees have benefits or pension? In Japan?
Who is covered by work rules
When can you change work rules?
□ Read Art 2 of Labor Standard Sex
□ Art 4
□ Art 90
□ EEOC
□ P.E.= Performance Evaluations
□ Consider advantages and disadvantages
□ does Wright state a holding or an issue?
□ look at Powell & Scalia’s view of
□WLSA- Worker Labor Standards Act
□ write ½ page whether a US employee has one Japanese employer and 1 US employer.
□ if a starbucks employee is harassed could they have 2 employers under the discrimination law? Or harassment law?


outline
Japanese laws that pertain to work
people have the right and obligation to work.
Labor standards law after WWII
Is there any other legislation after WWII occupation
Was the trade union law done during WWII occupation?
Article 27 ¶ 2&3.
Authorization of trade unions