...Running head: Labor and Employment Law Labor and Employment Law As a Human Resource Director for Company X, I come across situations every day that challenge my decision making. These situations need to be handled in a delicate matter to make sure that the company is following the guidelines that are setup and established by the federal government to make sure that companies and employees are treated fairly. I would like to discuss three situations that recently have challenged my leadership as a Human Resource Director and show the diversity of the laws and why they were created and how they work. Situation A – FMLA The first situation I am about to describe is an unfortunate set of circumstances, but the law is very clear and the company position is easily seen. Therefore, it was not hard for me to make this decision. The employee was presented with a difficult family situation his twin children were born premature. He made the decision to take leave from work to attend to his spouse and the needs of his family. This is ok and totally understood by the company. Here is where the unfortunate part comes, the department manager at the time agreed to the let the employee take a leave of absence, but the proper paperwork was not filed for Family Medical Leave Act. Now to complicate matters worse, the department manager that was in charge of this employee left during the employee’s leave. Eleven weeks have gone by and the employee wants to...
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...Causes a. Illiteracy and low level of education 1. ↓Level of education →↑risk of exploitation (Núnez & Livanos,2010) 2. Illiteracy →easier to accept exploitation (Chan,2004) 3. ↓Knowledge of laws→inability to protect themselves from exploitation (Lenard & Straehle, 2010) b. Poor labor legislation 1. Host countries restrict immigration →immigration laws unfavorable to immigrant workers (Misra, 2007) → ↑exploitation 2. Loopholes in law → being taken advantage of by employers (Gomberg-Munoz & Nussbaum-Barberena, 2011) 3. Flexible labor market → insufficient restriction (Miller, 2012) B. Solutions a. Education 1. ↑Educational level (e.g. Italy, Fullin & Reyneri ,2011) ↘ 2. ↑Practical skills → less exploitation of workers 3. ↑ Knowledge about labor laws (Zhang,2010) ↗ b. Developing labor laws and policies 1. Immigration laws and policies → more migrant-based (Misra ,2007) 2. Reasonable wages and working condition + more pressure on employers (Pines & Meyer, 2005). 3. ↓Loopholes of laws → protect workers’ rights III. Conclusion low education ↑level of education causes →↑exploitation + solutions →↓exploitation (future)...
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...Situation A – The Family and Medical Leave Act (FMLA) The Family Medical Act, Wage and Hour Division, under the United States Department of Labor that was enacted in 1993,necessitates that covered employers make available to employees leave that is related to work, and also unpaid for medical and family reasons that are considered fit. FMLA applies to employers with 50 or more employees, public agencies, and schools (Ford et al 2000). An employee is qualified for FMLA if they have reached 12 months of working for their employer, have worked for 1250 hours for him or her, and works where there at least 50 workers who are working for the same employer (The Family Medical Leave Act, 1993). It should be noted, however, that the leave period should not exceed 12 weeks for a period of 12 months. The conditions which enable one to benefit from FMLA are: * The delivery of a child, either a boy or girl or the placement of a girl or boy child with the employee for taking up or adoptive care (Ford et al 2000); * The care for an intimate such as a marital partner spouse, son, daughter, or parent who is very ill or injured; * If the employee has a serious health condition or injury that makes it almost impossible to do the tasks that they should do; or * For any eligible emergency that arises out of the point that an intimate such as a spouse, son, daughter, or parent is a member of the military on covered active duty or call to covered active duty status (Ford et al 2000)...
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...Compensation and Benefits Plan Our team has been asked to develop some compensation and benefit recommendations for our client based on their planned expansion to Arizona. The expansion in Arizona will increase the number of employees to 130. Annual revenue is expected to increase the first year to $10,300,000. Currently, there are 41 commercial construction projects in Arizona, and it is recommended the company pursue commercial retail. (Commercial Construction Projects in Arizona, 2013) . The team’s recommendation is based on; market evaluations of similar companies, Arizona pay and benefits laws, and a company structure to create a compensation and benefits strategy. Sundt Construction, a medium sized construction company headquartered in Tempe Arizona, was founded in 1890 by Mauritz Martinsen Sundt. Sundt offers their employees a somewhat generous compensation package which includes not only the basics of retirement and health care, but also added perks such as continuing education (The Sundt Exprience, 2013). Sundt offers a generous health care plan which includes vision care and prescription benefits. Sundt offers several different medical plans to include one plan that has no monthly premium charge (because of employee ownership) for employees and their dependents which is a Preferred Provider Organization (PPO) network. Sundt maintains a wellness where employees receive a $350 credit for health expenses related to improving or maintaining health. Sundt...
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...A Case Analysis of Nike: The Sweatshop Debate Mindi Merritt Class Fall 2014 Instructor’s Name Introduction Nike is a hugely successful global industry that designs and markets shoes and apparel (Coakley & Kates, 2013). Most of Nike’s products are subcontracted and manufactured overseas in countries such as China, India, Vietnam, Indonesia and Korea. For decades, Nike has been embroiled in controversy where critics claim its products are manufactured in foreign factories with substandard working conditions and disregard to labor laws (Powell & Zwolinski, 2012). As a result, Nike has initiated numerous policy changes in an effort to silence these criticisms. While Nike has definitely made great strides in turning around its image, it continues to struggle with allegations from critics. Nike’s Responsibility for Working Conditions Should Nike be held responsible for working conditions in foreign factories that it does not own, but where subcontractors make products for Nike? Nike should be held responsible for the working conditions in foreign factories where subcontractors make products the company sells. Although Nike does not actually own the foreign factories, the workers are employees of Nike and Nike is the beneficiary of the products they are making. Thus, Nike is responsible (at least in part) of the working conditions endured by those that work there. Labor Standards of Foreign Factories What labor standards regarding safety, working conditions...
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...6 The regulation issue for the labour market Labour law, and government policies 6 Responsive regulation, a solution to the deregulation policy problems ? 7 Conclusion 8 2 Introduction Globalisation represents a set of elements that have profoundly altered the world economy, the international trade, and the relations between each country. The globalisation has also changed the labour market and work in all countries, creating a "global work" market. The labour market is divided into two parts around the world: the labour force in developed post-industrial economies, which is a very expensive labour and less productive but provided high quality goods and a labour of works from developing countries, which offered low wage rates and few workers rights. In their search for economy and profits, multinationals have become increasingly interested in the potential offered by developing countries in terms of manpower often less expensive than in their countries of origin. Moreover, the deregulation policies pursued in United States during the '80s, have offered to the multinationals more freedom of action and more opportunities around the world. Asia was the cradle of the first movement led by multinationals offshoring, in their search for productive economy. However, this labour has often been misused, paid with low wages, often composed of children, and working conditions which violate international labour laws. It therefore...
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...Labor and Employment Law Western Governors University This report is in response for a request to analyze three situations to identify if any employment laws were violated. Situation A: An employee was granted an 11 week leave for the birth of his twins. The employee was able to return to his former position with the same rate of pay. The employee requested to be paid for his absence and that request was denied. This employee was granted leave based on the Family and Medical Leave Act (FMLA). This act allows employees, who meet the eligibility requirements, to take a specified time period off from work to meet family, medical or military obligations. An employer is obligated to provide leave if the company has 50 or more employees. (J.J. Keller & Associates, Inc., 2011) This company has 75 employees so is covered to provide employees with FMLA if needed. An employee is eligible for FMLA if he/she has worked for the employer for a minimum of 12 total months. The employee in question has worked for the company for 2 years, so is therefore eligible. The Family Leave and Medical Act allows for an eligible employee to take up to 12 weeks of leave for the birth and care of a newborn as one of the acceptable reasons. Some other reasons would be adoption, to care for an immediate family member...
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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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...Project Report on Expectations of Foreign Investors in terms of Labor Laws India, like other countries worldwide, is experiencing the effects of globalization. In order to make conditions friendlier for investors, there is a need for adaptability. Labor legislation, such as the Indian Disputes Act and Contract Labor (Regulation and Abolition) Act, are now under debate, along with issues concerning special economic zones. Submitted by: Introduction There has been a steady expansion of foreign investment in recent decades. The upward trend is particularly strong for less developed countries, signifying the increased importance for these countries of FDI, as well as the increased presence of multinational firms. Alongside the expansion of FDI have risen concerns regarding competition between countries or regions to attract FDI. After adopting new economic policy by government of India in July 1991 many foreign investors came in the Indian economic scene because the government of India gave many incentives to the foreign investors. So it is clear that government opened the doors of Indian market to foreign investors. With more companies operating internationally, the impact on various business functions and labour laws in India is becoming more pronounced. Globalization, and the need to attract...
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...Employment Law Paper BUS415 July 17, 2009 Employment Law Paper The history and evolution has changed considerably over the past century. Back in the early 1800’s, our country became industrialized. This meant that owners and shareholders became more powerful in making decisions on how employees will work and perform under their business. Becoming industrialized also meant that employees needed protection from being over worked, under paid and age limits needed to be set so that big corporate employers were not working minors. This protection by both “…federal and state legislation were enacted to protect workers’ rights.” (Cheeseman, 2007) These protections that were enacted by the legislative branch included, but not limited to, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Americans Disabilities Act, the Age Discrimination in Employment Act, and the Family Medical Leave Act. One employment situation that comes to mind is a situation where an employee had to take Family Medical Leave Act (FMLA) due to a pregnancy. Additionally, she also has Muscular Sclerosis. The employee was employed with the company for nineteen years and the company was well aware of her existing condition of muscular sclerosis when they had hired her. Her work performance was always spot on and she knew the job inside and out. Her proper employee title was Technical Writer. She drafted reports that only an expert could put together and she was the perfect...
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...Foxconn Suicides Abstract As globalization affected the whole world, the contradiction between leaders and labors has become a world-wide problem. In China, a series of employees’ suicides attracted the public and media’s concentration to consider this problem. A Taiwanese electronics corporation, is acting as the protagonist in this issue and now earning an internationally notorious reputation of running sweatshops. This paper analyze the cause of ongoing trend of exploitation of workers in China with the example of Foxconn, and examine the reasons behind those suicides from the perspective of management, workers and related laws. Based on the fundamental information of China, to illustrate my own analysis about this case from ethical and legal point, and to criticize Foxconn’s management strategy, industrial relations and the gaps of Chinese laws. Keywords: workers’ exploitation, China, Foxconn, suicides, inustrial relations 1. Introduction 1.1 Background and significance of the topic With the rapid development of Chinese economy and the increasing globalization of business competition, the various types of enterprises in China have been booming development, rapid increases in the number and size of foreign investment in China to hire to do business, and further reform of state-owned enterprises increase, the private sector, the number and the number of employees of private enterprises in recent years, is also rising, along with the development of enterprises...
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...Bradley Stonefield and I am opening a limousine service. I’m going to name it Landslide Limousines, and focus on providing first-class transportation. I’m really excited to be working with you as I get everything set up. Traci: And what location are you looking at? Bradley: I plan on opening in Austin, Texas. Traci: What is your current location? Bradley: That’s where I’m currently at. Traci: OK, and how many employees do you have? Bradley: Well, my goal is to have 25 employees within the first year, so that’s the number I’d like to use for any planning. Traci: All right, we’ll keep that in mind. Now, the first thing I’d like to do is to address employment laws, so we can make sure you’re on the right track. I’ll have my employees work on identifying applicable laws as well as the consequences of noncompliance with those laws, then we’ll give you recommendations on how to be compliant. Once we have that, we’ll work on some other HR issues for you. Will that work? Bradley: That sounds great, Traci! Thanks so much for your help, and I’ll look for that information from you. Traci: OK, thank you for your time, and I will be in touch with you soon. Don’t hesitate to contact me if anything changes, or if you have any questions....
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...Employment Law at its Best Delilah Sweetbriar’s ever-changing specifications of her workplace environment, and consequently her ability to perform the necessary duties of her job, have put Vic Cranker and Acme Loans into a serious predicament of whether or not to fire Delilah. Mr. Cranker must be aware of everything concerning employment law, whether he is legally permitted to fire Delilah or whether her ever-changing specifications are acceptable (by which Mr. Cranker would be legally irresponsible in firing her). Discussed further will concern Delilah’s and the other Acme Loans employee’s rights as employees (as put forth by the Family and Medical Leave Act), what rights Acme Loans has in this situation and under what circumstances such employer is legally permitted to terminate an employee, disability rights in the workplace, and the determination to what direction Acme Loans should move pertaining to the situation with Delilah. One of the most significant pieces of legislation that structures employment law is the 1993 act of Congress entitled the Family and Medical Leave Act (hereafter “the FMLA”). The FMLA, which was signed into law by then President Clinton (after many failed attempts by Congress to have the previous President Bush to do so), is the main, if not only, source of family leave legislation that is encompassed in law today. It was enacted to help families balance the burden of the workplace with the needs of family (“Employment Law” 605). The FMLA is composed...
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...Role and Functions of Law Megan Cresse Law/421 October 29, 2014 Alfred Fenzel Role and Functions of Law There are many functions of law within business and society, but only one role. Laws must be enforced for society and businesses to function proficiently. Behavior and standards are set rules and expectations. Law tends to be a complex subject that must be understood by society and businesses alike. This essay will discuss the various ways law is present in the everyday lives of people in society. To give further information, law within business will be discussed through the Human Resource department that is accessible in most companies. What is Law According to Zain (2012) “Law is the set of standards, principles, and rules a society sets up to govern the actions of its members. It spells out the rules and the penalties for failure to abide by them.” (p. 1). Take a game for example. The individuals who are playing the game need to know the rules of the game in order to play. It is the same with individuals in both society and business. To function properly, rules and regulations of conduct and behavior must be observed. Law is used to govern society, establish good behavior for its members as well as protect them if anyone violates the law. It is seen as a necessity that a country needs to keep it running effectively and efficiently. Role and Function of Law in Business In business, laws govern every phase. Any and every type of business, large or small, must...
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...Employment at Will Doctrine Kristen Harrison Leg 500 February 4, 2014 Elaine B. Wilson EMPLOYMENT AT WILL DOCTRINE The Employment at Will Doctrine The employment at will doctrine was developed in the late nineteenth century, as a default employment contract which was assumed to give employers and employees equal ground to develop wages, benefits, and employment agreements. The employment at will doctrine continues to prevail in all American jurisdictions except Montana. An employer can terminate an employee for a good reason, a bad reason, or no reason at all (Bagenstos, 2013). The employment at will doctrine is void if reason states that it is specifically forbidden by some external source of law, such as an antidiscrimination statue (Bagenstos, 2013). Employees formed unions during the industrial revolution, in order to toughen their negotiating power against large corporations, which fired employees at will to keep labor cost low and profits high (Muhl, 2001). Before employees formed unions the working conditions were unethical, and favored the employer who could fire the employee at will (Muhl, 2001)The 1960’s was where Federal legislative protections started to play a major part in protecting employees. Title VII of the 1964 Civil Rights Act put a damper on the unethical treatment of employees by their employers. The Federal legislation protected employees from illegal discharge based on...
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