...employment laws we agreed upon are, Texas and Arizona minimum wage laws, Title VII of the Civil Rights act of 1964 and Equal Pay act. According to ("Texas Work Force Commission", 2011) Texas follows the federal minimum wage of $7.25. In order to remain complaint, employers must pay their employees the minimum. Employees are allowed to bargain with employers for a higher pay if they feel their qualification exceed the minimum pay. Employers who are found in violation may be fined up to $10,000. According to ("Industrial Commission of Arizona", n.d.) an Arizona employer is required to pay employees at least $7.90/ hr. Failure to comply with Arizona Minimum wage act will result in “a civil penalty of at least $250 for the first violation and at least $1000 for each subsequent or willful violation. Special monitoring and inspections may also be imposed. Additionally, if an employer fails to maintain the required records, it is presumed that the employer did not pay the required minimum wage. An employer has the right to rebut this presumption with evidence that the employer paid the employee the required minimum wage.” "Industrial Commission of Arizona" (n.d). Equal pay act is the right for men and women to have equal pay in the same work establishment. The job does not have to be exactly the same. However, if the positions are substantially close than they require equal pay. ("Society for Human Resource Management", 2014). Regardless of gender. This is includes...
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...LIT1- Task #1 Provisions of FMLA: In 1993, congress passed the Family and Medical Leave Act, they developed this bill to assist employees that needed to be out for extenuating, planned, or unforeseen medical circumstances. To remove the fear and worry of losing one’s current place of employment. The creation of this bill gives, employees the ability to take up to 12 weeks of unpaid leave, although they do have the option of using all of their calendar year given vacation time to compensate themselves while on FMLA. Because employee A, fell into several of the major FMLA provisions, he had been granted the ability to take leave. How FMLA Applies: I do believe that the Family Medical Leave Act applies to employee A. As I have found, several areas that favor his rights to take FMLA. The birth of his children, the health of his children as they were born prematurely, and lastly he has the right as a spouse to take care of his wife and children. Although, he has the right to take leave, through the Act, this still does not require us as the employer to pay wages for the 11 weeks he did not work. We have followed the law, and the law says that we must hold his job, and continue to treat him as an employee that is on leave. Did we violate FMLA? I have found that no violation has occurred between us and Employee A. We have allowed employee A to take leave as he requested, we allowed him the full 12 weeks, although he wants to come back after only...
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...the United States which says that the Sherman Antitrust Act has been violated by the defendants. Hilton Hotels Corporation: A defendant that allegedly agreed with other hotels to give preferential treatment to suppliers who paid assessments while decreasing purchases from those companies who refused. Along with its co-defendant, it is accused of bringing the combined economic power of the hotels against the suppliers who failed to pay. Western International Hotels Co.: Another defendant that was accused of violating the Sherman Act’s provisions with its refusals to deal with the unreasonable restraints on trade. Facts: In Portland, Oregon, representatives of hotels, restaurants and other business entities organized an association to attract potential conventions to their respective city. While at the convention, members were asked to make contributions equal to one percent of their sales in order to help finance. To help bolster their collections, hotel members, including the defendant Hilton Hotel Corp., agrees to give preferential treatment to the suppliers who paid their assessments. But for those who did not pay, actions were set in motion to help decrease the purchases from those particular suppliers. Procedure: The court found that the evidence was clearly sufficient to establish that the defendant hotels agreed to prefer suppliers who paid contributions over those who did not. The primary purpose and direct effect of the defendant’s actions was to bring the combined...
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...Director of Human Resources for Company X, I have been directed to research and make recommendations concerning three personnel issues. These issues pertain to possible violations of the Family Medical Leave Act of 1993 (FMLA), Age Discrimination in Employment Act of 1967 and the Americans with Disability Act of 1990. Situation A involves the Family Medical Leave Act of 1993 and Employee A. Employee A has been employed by our company for two years and requested leave to assist at home due to unforeseen complications with the birth of his twin children. He has been on leave for 11 weeks and has requested to return to work and be paid for the 11 weeks he was on leave. During his absence, his Department Manager, has left the company and has been replaced. The current Department Manager has granted his request to return to work, in his previous position, but is denying his request for back pay. Pursuant to Section 102(a)(1) FMLA 1993, Employee A was entitled to 12 work weeks of unpaid leave in any 12 month period, for the birth of his children or to care for his spouse. Also under FMLA Section 104(a)(1) (a) and (b), the employee is entitled to be reinstated by his or her employer to the position held by the employee when the leave started or be offered a position of like importance with equal pay and equal benefits. Section 104(2) states an employee taking leave under Section 102 shall not lose any employment benefits accrued prior to the date which leave started. Section...
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...law make certain that the rights of the employees remain protected. The following are the some national employment laws, as well as specific Texas laws we found relevant to your business that must be followed: * The Civil Right Act of 1964 * The Americans with Disabilities Act of 1990 * The Family Medical Leave Act of 1993 * The Texas Minimum Wage Law Employment Laws The Civil Rights Act of 1964- Title VII In cases of racial discrimination where the employer is found guilty he or she is responsible for providing punitive damages as punishment for their conduct. The plaintiff will also receive a compensatory damages from the employer as reimbursement for injuries and/or harm. (Cascio, 2015) The plaintiff is also eligible for two years back pay of filling charges if employment was attained then with employer. To avoid civil right suits under title vii it is important that when interacting with employees everyone is treated equally. Personal relationships should be avoided and everyone should be treated the same. Try to avoid member-exchange styles of leadership, this will create in-groups and out-groups within the company which puts you in a position to be accused of discrimination. The law is a follows: “Title VII of Civil Rights Act of 1964 is a federal law that...
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...Labor and Employment Law The Family and Medical Leave Act was created in 1993 and was meant to offer employees up to twelve weeks of unexcused absence from their jobs per year. The FMLA was meant to provide an opportunity to employees to be able to avoid having to choose between work obligations and personal emergencies which called them away from work. If an employee or a family member is suffering from a serious health condition, they qualify for leave under FMLA laws. The health condition must interfere with the employee’s ability to perform their job or it must require the employee to provide care to a family member with a serious health condition. Employees can use FMLA for several situations which include, but is not limited to: pregnancy, prenatal complications, diabetes, epilepsy, hospitalization, and long term conditions such as cancer and Alzheimer’s disease. In order to qualify, the employee must have worked for a company with 50 or more employees for over twelve months and they must have worked at least 1250 hours in the previous year. When the employee returns to work, they should be allowed to return to the same position at the same salary, as long as they are able to perform essential job duties as they were prior to taking leave. If an employee is disabled upon returning, the employee should be offered a position they are able to perform at the same salary as when leave was taken. FMLA regulations cannot guarantee that the leave be paid leave; that...
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...employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive Order 11246: prohibits every federal contractor and subcontractor from discriminating based on race, color, religion, sex, or national origin. 10. In Heart of Atlanta Motel v. U.S. (1964), did Congress exceed its powers under the Commerce Clause by enacting the provisions of the Civil Rights Act of 1964? No. When adopting the act, it had the power to do so granted by the Commerce Clause of...
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...let go with severance pay for 30 days. Pat was never notified of any problem, and the supervisor told him only "that things were not working out". When he was hired, Pat received NewCorp's personnel manual, which outlined the company's process for handling unsatisfactory employees. He also signed a document at that time which stated NewCorp "observed employment at will with respect to discharge". The manual stated that notification of deficiency, and a corrective action plan would be put in place for the employee whose job performance was unsatisfactory. This was so the employee would have a chance to improve his work performance to his employer's satisfaction. Then, only if the employee did not correct his deficiency within a specific time frame would his employment be terminated. Pat has the right, according to the manual, to notification of unsatisfactory work performance, as well as a corrective action plan to rectify same. NewCorp's decision to discharge Pat with no indication of unsatisfactory job performance, nor a corrective action plan in place can be considered wrongful discharge. “Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired” (Doyle 1996, pg.1). Pat feels that his unpopular position on an issue at a local school board meeting may have contributed to his termination. To discharge an employee based on his political views, although not an act of discrimination,...
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...The False Claims Act: NetApp and GSA Vernessa L. Minnifield Dr. Canuto Campos LEG 505 Abstract The company, Network Appliance Inc., also known as NetApp, paid the government $128 million to settle allegations it overcharged GSA customers for information technology products. The case alleged that NetApp did not give accurate information about discounts offered to commercial customers. Under federal rules, companies are required to disclose how much commercial customers pay to ensure that GSA can negotiate the lowest price for the government. This paper will provide an ethical analysis of the case, identify contributing factors, and recommend corrective actions for the issues addressed. The False Claims Act The False Claims Act is an important tool for U.S. taxpayers. It is used to recover monies stolen through fraud by government contractors. Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit, or cause another person to submit, false claims for payment of government funds are liable for three times the government’s damages plus civil penalties of $5,500 to $11,000 per false claim (TAF, 2011). The act imposes liability on any person who (1) submits a claim to the federal government that he or she knows is false, (2) knowingly submits a false record in order to obtain payment from the government, or (3) obtains money from the government to which he or she may not be entitled and then uses false statements in order to retain the money...
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...you and your company. Texas Payday Law: Payday Law deals with every size of company and states information about “payment delivery, pay periods, compensable time, deductions from wages, how to claim unpaid wages, how to withdraw a wage claim, wage claim determination, appeals and collections”. (Chapter 61 Labor Code) I think the most relevant articles in regards to you and your firm from these sets fall under SUBCHAPTER B. PAYMENT OF WAGES. According to "Texas Labor Code: Chapter 61" (2014), “Sec. 61.011. PAYDAYS. (a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month. (b) An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month. (c) If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.” Consequence of failing to pay your workers their wages in a timely manner will fall under Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. “(a) An employer commits an offense if: (1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and (2) the employer fails after demand to pay those wages. (b) An employer commits an offense if the employer: (1) intends to avoid payment of wages owed to an employee;...
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... 1.0 INTRODUCTION China is a major and expanding market for Coca-Cola. Surging sales in emerging markets like China and India have been credited for Coke’s best sales growth for almost nine years with sales rising 19% from 2007 (The Times, 2007). According to President of Coca-Cola China, Doug Jackson, the company currently counts China as it’s fourth-largest market in terms of revenue, although it is expected to overtake Brazil to become its third-largest in two years and the second-largest within five years (China Daily, 2007). In the Hangzhou Coca Cola bottling factory, contract workers usually stay on duty for 12 hours. There were a lot of inappropriate activities on the part of Coca Cola factories concerning violation of labor contract towards its workers. Firstly, almost five bottling factories failed to ensure contract workers are well informed of the contents of contracts before they sign. Secondly, some workers at the Hangzhou bottling factory claimed that their contracts were for a one year term instead of two. Thirdly, some workers had been forced to sign Contract Termination Agreements with the Zhiqiang Management & Services Co., Ltd. of Deqing County, Hangzhou City, before they were...
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...CHAPTER 2 THE CHANGING LEGAL EMPHASIS: COMPLIANCE AND IMPACT ON CANADIAN WORKPLACES LEARNING OUTCOMES 1. EXPLAIN how employment-related issues are governed in Canada. 2. DISCUSS at least five prohibited grounds for discrimination under human rights legislation and DESCRIBE the requirements for reasonable accommodation. 3. DESCRIBE behaviour that could constitute harassment 4. EXPLAIN the employers’ responsibilities regarding harassment. 5. DESCRIBE the role of minimums established in employment standards legislation and the enforcement process. 6. DISCUSS HR’s role in ensuring compliance with employment legislation in Canada. REQUIRED PROFESSIONAL CAPABILITIES ❖ Identifies and masters legislation and jurisprudence relevant to HR functions ❖ Ensures that the organization’s HR policies and practices align with human rights legislation ❖ Promotes a productive culture in the organization that values diversity, trust, and respect for individuals and their contributions ❖ Assesses requests for HR information in light of corporate policy, freedom of information legislation, evidentiary privileges, and contractual or other releases ❖ Contributes to the development of information security measures issues CHAPTER SUMMARY This chapter focuses on the legal environment in Canada. It discusses the multiple overlapping pieces of legislation that attempt to balance employee and employer rights when it comes...
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...Phoenix HRM/531 Robin Sully Compensation and Benefits Strategies Recommendations The following paper will be about the development of the compensation and benefit recommendations for Mr. Bradley Stonefield. This development will have a market evaluation with researches on what companies in the relevant market are providing to employees from a total compensation perspective. With the results of the research, we will then take a look at the compensation structure. With these two outcomes, we will be able to recommend a position in the market. We will also be creating a total compensation and benefits strategy, consider the use of performance incentives and merit pay to recognize and engage employees. In creating these compensations we will have to identify laws related to the benefits and pay program. Results for the Market Evaluation The results for the market evaluation will show that it will be very competitive for a small startup business to hire qualified and experienced limousine drivers in Austin, Texas. According to the Yellow Pages (2014), Austin has over 113 limousine business competing in the same market. With these many companies operating in the same market may result in several issues when it deals with human resources (HR). One of the issues with this type of market is that should assume high employee turnover rates because of low wages limousine drivers fall under. One more issue to consider is the decreasing numbers of applicants...
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...security is in jeopardy or also that they are being verbally attacked because of their gender, race, or age. With providing facts this will prove that there the law protects the working force from harassment and discrimination in the workplace. Most of us who have jobs realize that there are times where either harassment or discrimination takes place. Even in today’s modern world these situations still presents itself. The focus of my argument is to show that these acts do not go unseen or unheard from a legal standpoint. Harassment and discrimination is highly illegal and very unethical within the workplace or any business. There are laws out there that protect individuals who are subjected to this type of behavior, so much so that companies spend a vast amount of time and money trying to educate employees about harassment and discrimination. My stance on this topic is very clear, these acts should not occur and the law is fair in the consequences that follow when a business is involved in a harassment or discrimination act. I understand that every company cannot speak for each employee; however there should be policies and procedures that are addressed. At no time should an employee not know who to turn to if they feel they have been wronged due to harassment or discrimination. Also employees should be told where to go if they do not understand what the policies are on harassment and discrimination. I am fine with an organization separating themselves from an employee who exercises...
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...Ragasa, Mylyn Prepared to: Mr. Michael Gil Llorens Date: August 25, 2013 Managing Ethical Risk through Mandated and Voluntary Programs VOLUNTARY PRACTICES Includes: * Beliefs * Values * Voluntary contractual obligations CORE PRACTICES Encourage by: * Legal forces & * Regulatory forces MANDATED BOUNDARIES - imposed boundaries of conduct, such as: * Laws * Rules * Regulations & * Other requirements Need to maintain in an organization: * Values * Ethical Culture * Expectation for appropriate conduct Mandated Boundaries is achieved through . . . * Compliance * Corporate Governance * Risk Management & * Voluntary Activities COMPLIANCE * The act of complying with a wish, request, or demand CORPORATE GOVERNANCE * Refers to the system by which corporations are directed and controlled. * Corporate Governance involves balancing the interest of the many stakeholders in the company. * Provides framework of attaining company’s objective. RISK MANAGEMENT * The process of identification, analysis and either acceptance or mitigation of uncertainty in investment decision-making. * Is a two-step process: (1) determining what risk exists in an investment, (2) handling those risks in a way best-suited to your investment objectives. VISSION AND VALUES * Provides aspirational guidance. RULES * Mandatory compliance in activities. PRINCIPLES * Provides guiding...
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