Employment Law Compliance Plan
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Memorandum To: | Traci Goldman | From: | Name | cc: | Professor | Date: | [Click to select date] | Re: | Employment Law Compliance Plan | | |
In response to your recent request, I have done some research in reference to Landslide Limousine Services, expecting to open in Austin, Texas with 25 employees. In order to protect the company and its prospective employees from legal issues of discrimination, wages, and safety, the company must comply with both Federal and State employment laws. The following demonstrates important Federal and Texas employment laws that Landslide Limousines Services must acknowledge and adhere to:
Texas Minimum Wage Act
This employment law requires a minimum wage for non-exempt employees. The current minimum wage for the state of Texas according to the U.S. Department of Labor as of January, 1st 2014 is $7.25 per hour. The company will need to provide proof in writing of each employee’s earnings through a pay statement. This law applies to any size business and is enforced by the Texas Workforce Commission (TWC).
The Equal Pay Act of 1963 (EPA)
This law requires equal pay for men and women doing “substantially similar” work in terms of skill, effort, responsibility, and working conditions (Cascio, 2013 Page 455). This pay includes hourly and salary as well as overtime, vacation and sick pay, bonuses and investment plans. It is also not limited to insurance policies, reimbursements for traveling, hotel accommodations, allowances, and other benefits such as life insurance policies. Any form of payment from the company must abide by the Equal Pay Act which is administered by The Equal Employment Opportunity Commission (EEOC) and required for any private company regardless of size.
Title VII of the Civil Rights Act of 1964
This law prohibits discrimination based on race, color, religion, national origin, and sex, which includes pregnancy, childbirth, or related medical conditions. This is the law that typically gives rise to sexual harassment claims (Dolghih, 2013). My recommendations for this include but are not limited to: informing employees of a ‘No Tolerance’ policy and keeping documentation of any kind for records. This law is implemented by the Equal Employment Opportunity Commission (EEOC) and pertains to private businesses with fifteen or greater employees.
The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects the rights of people age 40 or older on discrimination. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training (EEOC, 2014). This law is put in place for private businesses consisting of twenty or more employees and is discharged through the Equal Employment Opportunity Commission. Documentation and up to date driving tests and records from Landslide Limousine Services should provide proof to ensure that each driver, regardless of age, is performing up to standards and protected by this act.
The Uniformed Services Employment and Reemployment Act (USERRA)
This law protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. The U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) administers USERRA (D.O.L., 2014). This protection includes allowing for the hiring, rehiring, promotion, and benefits administered to employees regardless of what branch of the armed forces. Employees need to be made aware of their rights and have no fear of losing a job or benefit because of their involvement with the military. Communication is vital on both ends in this instance to avoid any misinformed decision that could cause negative consequence.
The Occupational Safety and Health Act (OHSA)
This federal law was enacted in 1970 for all private employers regardless of their business size and is enforced by the Occupational Safety & Health Administration (OHSA). The purpose of the Occupational Safety and Health Act is an ambitious one: to prevent work-related injuries, illnesses, and deaths (Cascio, 2013 Page 623). It protects employees by requiring a safe working environment. I recommend obtaining employee driving records, requiring regular vehicle inspections for your driver’s safety, and maintaining full liability coverage with insurance. It is the company’s duty to ensure safety in a work environment and taking the proper precautions in avoiding potential hazards and protecting their employees with coverage when needed.
Further general recommendations for the compliance plan include creating a policy handbook for Landslide Limousine Services that addresses the Federal and State employment guidelines and enables employees their rights to refer to at any given time as well as additional government website resources. Non-compliance to these laws may result in substantial fines and imprisonment, as well as a business closure. To protect the company and its employees, it is vital to network and keep informed on any updated employment laws and comply with each one to ensure legal requirements and standards are being met at all times. You can obtain more information from the following website: https://www.austintexas.gov/. Please feel free to contact me with any questions or concerns you may have and good luck with the new business venture.

References

Cascio, Wayne F. (2013). Managing human resources, 9th ed. McGraw-Hill Companies, Inc., New York, NY, 10020.
DOL (2014). Compliance Assistance Materials: Applicable Laws and Regulations. United States Department of Labor. Retrieved from http://www.dol.gov/compliance/laws/comp-userra.htm Dolghih, L. (2014). Ten Major Employment Laws That Every Texas Business Owner Should Know. North Texas Legal News. Retrieved from http://northtexaslegalnews.com/2013/07/25/ten-major-employment-laws-that-every-business-owner-should-know/ EEOC (2014). Facts About Age Discrimination. The U.S. Equal Employment Opportunity Commission. Retrieved from
http://www.eeoc.gov/facts/age.html