...Situation A Based on the United States Department of Labor (USDL) Family and Medical Leave Act of 1993 (FMLA), provisions can be made to arrange work leave for a variety of reasons. These situations include; the birth of a child within one year of birth, placement of child for adoption or foster care within one year, to care for spouse, child, or parent with serious health conditions, a health condition that makes the employee unable to perform his or her duties, and any qualifying active military personnel summoned for urgent need. (USDL2013). Employee A has been with Company X for two years. Employee A requested and granted leave when his children were born prematurely. Employee A’s leave lasted for 11 weeks. When he requested to return to work, he also requested to be paid the withheld salary from his 11 week leave. According to the given information it seems that no laws were violated because Employee A was granted leave and was able to return to his previous position with his previous pay. No information was documented from the previous manager stating that he should be given any withheld back pay. Situation B According to the United States Equal Employment Opportunity Commission (EEOC) and the Age Discrimination Employment Act of 1967 (ADEA), individuals who are 40 years of age or older cannot be discriminated against based on age. As long as employees are able to complete and maintain job tasks age should not be a factor in hiring, firing, and/or promotion. Employee...
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...Complying with United States Harassment and Employment-Related Laws US HARASSMENT REGULATIONS 2 Complying with United States Harassment and Employment-Related Laws 1. Equal Employment Opportunity Commission(EEOC): Managing a business in the United States, whether large or small, involves complying with numerous laws and regulations that protect employees from harassment and discrimination. “The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. .” (http://www.eeoc.gov/eeoc/) The EEOC has the authority to investigate any accusations made against employers who are covered by EEOC laws (most employers with at least 15 employees). ”States are permitted to enact and enforce their own employment discrimination laws that include or expand the minimum protections afforded by the Federal laws.” (http://employeeissues.com) Since Pomodoro, Ltd., is a large multinational firm, it will need to abide by EEOC laws when operating within the United States. 2...
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...well as with the patrons that the organization serves. Throughout the human resource processes a central concern is the assessment of employment laws and the consequence of their use. It has come to the attention of the human resource department that common sense and compassion have been replaced by litigation in the workplace. Although conflict is by no means a new phenomenon, the elements of workplace conflict are becoming more convoluted as the years go by. Changes in employment laws mingled with how we live and the unpredictability of today’s economy have coalesced into convoluted answers to what used to be basic questions (Gilbert, n.d.). The result is a growing sense of unease among employees and an accompanying need to claim one's legal rights when conflicts arise. Misconceptions about employment laws, and employee rights often fuel this fire. Not to mention today’s society’s augmented recognition and approval of lawsuits as a probable and lucrative alternative to negative workplace situations (Gilbert, n.d.). It is therefore imperative now more than ever, that human resource managers (HRM) be well versed in what constitutes a claim and ensure that they are avoided. This memorandum will briefly describe the organizations that have established employee-related regulations, such as, the Department of Labor (DOL), the U.S. Equal Employment...
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...Task 2 – Labor and Employment Law As requested I’ve reviewed the situation for each of the employee you mentioned. I’ve detailed my findings below. Situation A I reviewed FMLA requirements to Employee A’s situation. First, Family Medical Leave Act (FMLA) requires 1,250 hours and 12 months of employment at the company (Wage, 2010). Employee A has been with Company X for two years; therefore this requirement has been met. Second, Employee A’s situation, his wife gave birth to premature twins, is eligible for FMLA unpaid according to The Family Medical Leave Act of 1993 (Wage, 2010). The Family Medical Leave Act of 1993, states employee is “…entitled to return to the same or similar position with the same benefits and rate of pay he was making before he went on FMLA” (Wage, 2010). Therefore, Employee A is entitled to return to the job he held; however, he is not entitled to payment during his leave. In summary, Company X is compliant with the Family Medical Leave Act of 1993. Therefore, Company X is not required to compensate Employee A for the 11 week time-frame he was unable to work. Situation B I have reviewed the situation of Employee B where he alleges age discrimination. Employee B is stating that he is being discriminated against when he failed to receive a promotion which he claims he was qualified to receive. His performance review from last month states his work was “above average”. The promotion was given to a co-worker who was 32 years old and...
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...explain: A) constructive discharge B) Title VII of the Civil Rights Act of 1964 as it relates to this particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making the work environment so intolerable that a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). Constructive discharge is usually recognized within the framework of the Civil Rights Act of 1964 Title VII as an illegal employment practice and is considered a form of wrongful termination (Prohibited Employment Policies/Practices, n.d.), even though it is the employee resigning from their position, as opposed to termination by the employer. An employee has filed a claim against the Toy Company under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. The employee is using constructive discharge as her complaint in regards to the Toy Company recently changing the production department work schedules. The company implemented a new policy in the production employees’ shift to four days on, four days off shift rotation schedule policy, as opposed to working only Monday through Friday as the production department had previously. The employee is alleging that the new policy is discriminating based on religion because a religious...
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...Employment Law Compliance Plan Carrie "Shellie" Cobbs Human Capital Management HRM 531 Linda Johnson March 15, 2015 Employment Law Compliance Plan atwood and allen consulting memorandum to: Traci Goldeman from: Shellie Cobbs subject: Employment Law compliance plan for Landslide Limousine date: March 15, 2015 cc: Bradley Stonefield I have researched several employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship...
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...HCS/341 Legal, Safety, and Regulatory Requirements The United States regulates employment organization practices through state, federal, and local level laws. Human resources processes within the workplace are impacted by regulatory requirements. Regulations such as legal and social are necessary for organizations to control the existing workforce as well as future labor supplies within the workplace. The paper will attempt to discuss the effects that regulations have on the processes within the human resources department when relating to rationale and compassion within the workplace being replaced by litigation. The Civil Rights Act of 1964 is a law that was put into effect to protect individuals from being discriminated against during hiring processes. The Civil Rights Act has three sections which include equal opportunity, affirmative action, and sexual harassment (Cliff Notes, 2011). These three sections have an impact on the human resources department and it is important that human resources managers comply with these laws. The Equal Employment Opportunity (EEO) laws protect individuals from being discriminated against based on their age, gender, or race. Equal Employment Opportunity regulations help ensure that all individuals are given an equal opportunity when applying for a job or when individuals are considering working towards a promotion. Affirmative action requires that employers put forth additional effort to select and promote individuals who belong to a protected...
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...Task 2 – Labor and Employment Law Company X vs. Employee A on FMLA payment (Situation A) .Relevant Facts: Employee A has a 2 year tenure with Company X. Employee A asked for and was granted FMLA for the birth of his twins. Employee A asked to return to work before the allotted twelve week period had expired. On his return, he also requested for payment of his salary during his eleven week period of FMLA. His request for an early return was granted, but his time on FMLA remains unpaid. Employee A is now in an appeals process. Family Medical Leave Act applied The Family Medical Leave Act of 1993 states that as long as an employee meets the requirements of working at least 1,250 hours or twelve months, the employee has the right to take FMLA and resume employment at the end of the allotted twelve week interval. The employee will not be compensated for the time while on FMLA. (Wage, 2010) Report and final ruling No violation has occurred as Employee A`s FMLA time will remain unpaid and Company X abided by the Family Medical Leave Act of 1993 accordingly. Company X vs. Employee B on Age Discrimination (Situation B) Relevant Facts: Employee B is 68 yrs old and has a 42 year tenure with Company X. Employee B has recently received an above average performance evaluation and was hoping to get a promotion. The promotion was give to a 32 years old colleague who received an adequate performance evaluation. Employee B is accusing Company X of age employment discrimination. ...
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...Situation A - Family and Medical Leave Act of 1993 In this situation Employee A has taken 11 of his guaranteed 12 weeks of leave provided by the Family and Medical Leave Act of 1993 (FMLA). This leave is unpaid, however ensures that the employee’s medical coverage is maintained during the entire absence from work. “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage” (United States Department of Labor, 2015). To be eligible for family or medical leave, an employee must have worked for the employer for a minimum of 12 months, completed 1,250 hours of work in the last 12 months and work at a location with a minimum of 50 employees in a 75 mile radius (United States Department of Labor, 2015). Employee A has been with the company for the required time and the company has more than the required number of employees, it is never stated if he has achieved the minimum number of work hours requirement. There are a variety of reasons that a person can request leave and they include birth of a child, care for a newly adopted or fostered child, or serious health condition of an employee or immediate family member. Employee A is taking leave in part because his wife is delivering prematurely. This is covered under the FMLA since he is experiencing a family medical situation and caring for his newborn child. Employee A has only used 11 of...
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...Task 310.1.5: Labor and Employment Law Situation A: The Family and Medical Leave Act (FMLA) protects an employee’s job for up to 12 weeks under certain conditions. During the leave, an employee is not paid but is covered under the same health insurance plan. An employee is eligible for the FMLA if it is “for the birth and care of the newborn child of an employee, for placement with the employee of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.” (United States Department of Labor) An employee is eligible if they have worked at least 1,250 hours during the last twelve months, the employer has over 50 employees, and they have been with their employer for twelve months. The employer is required to return the employee to the same or equivalent job and pay. The FMLA also allows extra leave for those caring for injured members of the military. The facts of the case are that employee A has been with Company X for two years and his wife prematurely gave birth to twins. After being on leave for eleven weeks, he has returned to work and has requested to be paid his salary while he was on leave. The new manager agrees to return him to his previous job at his previous pay. Since Company X has over 50 employees, it is required to abide by the FMLA rules. Under the FMLA, the employee is entitled to take up to twelve...
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...met and that they are working in a safe environment. Litigation has taken the place of common sense and compassion within organizations over the past years. Litigation has become a main priority and the Department of Labor, Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and also the Department of Homeland Security all have been regulating this. Although some may disagree that litigation has created a more structured work environment, there are a lot that would say it has. Litigation has balanced out the differences in the workplace. U.S. Equal Employment Opportunity Commission There once was a time when common sense and compassion were used to decide what to do with issues, but now that there are laws put in place to ensure that legal, safety, and regulatory requirements are obeyed there are less issues. The U.S. Equal Employment Opportunity Commission (EEOC) is one of those regulations. The U.S. Equal Employment Opportunity Commission enforces federal laws which make it illegal for any organization to discriminate against someone applying for the position or someone who is already an employee for reasons like their race, gender, color of skin, age, disability, or religion. (U.S. Equal Employment Opportunity Commission, 2011) This also ensures that a person who is claiming that they were discriminated against is not discriminated for that. These laws are applied to any type of work situations, like harassments,...
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...someone there who do understand the reasons for the ethics by the administrative codes. When trying to make sure that you have a powerful effective establishment, you must make sure that you find a plan that will produce a policy that would be successful to your company. One of the laws that allows companies and professionals to hire people that are qualified for a certain position in their firm, they are able to come immediately and get an interview, which is called the Affirmative Action. And Equal Employment Opportunity. Administrative code of ethics is almost the same thing as the Affirmative Action because it makes sure that the public administration adjusts their decision making in the way of not having so much change to the public interest. In, 1984, ASPA adopted a code of ethics that drew from all of the normative perspectives. They divided them into sections to explain the codes that reflects the Constitutional values of having, Equal opportunity, which is fairness to one another and also free speech, meaning being able to speak their mind as long as it was in a good tone and...
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...The Americans With Disabilities Act The Americans with Disabilities Act (ADA) The rights of handicapped persons to enjoy equal employment opportunities were established on the federal level with the enactment of the “Rehabilitation Act of 1973” (29 U.S.C. 701-794). Although “not designed specifically as an employment discrimination measure but rather as a comprehensive plan to meet many of the needs of the handicapped” (Twomey, 2001, p.540). The Rehabilitation Act provided three sections (sections 501,503,504) that prevented discrimination in employment. Section 501 was applicable to the federal government itself. Section 503, applied to federal contractors. Finally, section 504 applied to the recipients of federal funds. On Tuesday, the 23rd of January 1990, a “clear and comprehensive prohibition of discrimination on the bases of disability” was established by the One Hundred First Congress of the United States of America in its second session (D.O.L, 2003). The Americans with Disabilities Act (ADA) of 1990, which is estimated to cover over, 43 million Americans with disabilities, went into full effect in January of 1992. Considered a “Bill of Rights for Americans with a wide variety of disabilities” the act applies to employment, public accommodations, transportation, telecommunications, State and the federal government (Holley, Jennings, Wolters, 2001, p. 424). The passage of the ADA “expanded the scope and impact of laws and regulations” on...
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...Running head: LIT1 TASK 310.1.5-02, 11, 13 LIT1 Task 310.1.5-02, 11, 13 Western Governors University 1 LIT1 TASK 310.1.5-02, 11, 13 2 LIT1 Task 310.1.5-2, 11, 13 Situation A The Family and Medical Leave Act of 1993 (FMLA) contains several important provisions that are applicable and will be considered in Situation A. I have outlined these provisions below. First, according to U.S. Department of Labor, Wage and Hour Division, Fact Sheet #28 (U.S. Department of Labor, Wage and Hour Division, 2010), the FMLA applies to public employees such as state and local governments, some federal employees, and all private-sector employees. Since Company X is a private organization, it falls within the bounds of this act. Second, the act specifies a private-sector entity that employs more than 50 employees is subject to its regulation (U.S. Department of Labor, Wage and Hour Division, 2010). Company X currently serves as an employer for more than 75 workers and therefore its employees may utilize the benefits of the FMLA. Third, the employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of a newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; to take medical leave...
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...develop strategies that allow employees to work in a safe, non-discriminatory environment with fair wages. With the development of regulatory agencies, such as the Equal Employment Opportunities Commission and the Department of Labor common sense and compassion has been reinforced with laws and regulations allowing litigation in cases of discrimination, unsafe working conditions, and unequal pay. The enforcement of these regulations by HR seems to have developed a more structured, safe environment. Human resources management (HRM) has the obligation to comply with employment, health and safety legislation. This includes federal, state and local laws that pertain to the many areas of HRM such as benefits, recruitment, and termination. HRM must stay up-to-date with legislation so that the organization is compliant and avoids costly penalties. Federal Regulations Federal laws cover the whole scope of employment, from hiring to termination. These regulations prescribe standards for wages and hours, safety and health, health benefits, retirement, workers’ compensation, working conditions, and discrimination. United States Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is the governing body that regulates and enforces workplace discrimination. In the United States, it is against the law to discriminate against anyone because of race, color, religion, age, gender, or disability. Discriminatory practices can have a detrimental...
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