...One big deal about Employment Law – who does it apply to? Scenario: Small business is being asked to raise minimum wage to $15 per hour. Unfortunately they aren’t able to afford that without taking a hit on their bottom line, owner needs to look at who does the law apply to and do it based on # of employees. Meaning, # of employees can affect whether or not the law applies to your organization. Employment Law Misconceptions: You can’t be fired without good cause You can’t have your pay cut You are entitled to unemployment if you’re fired Your desk, office, computer, and/or your locker are personal property There is no automatic right to employment but there are laws in place “At Will”, needs to be within the guidelines of discrimination laws. The question isn’t about what you can do… it should be about what you should do. Who and what decides what law to apply? Contracts, bargaining units (unions), employment practices at the company may define an unwritten agreement, contracts can be written, unwritten, and oral and/or inferred. Court decisions can interpret laws and regulations The law is fluid and subject to change…. Employment Law Coverage: Based on the number/amount of employees you have working for your organization. Employment Law Agencies in CA: CAL-OSHA Labor Commissioner Department of Fair Employment and Housing Workers’ Compensation Appeals Board Employment Development Department Francise Tax Board Employment Law Agencies in United...
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...Employment Law Compliance Plan for Clapton Commercial Construction Giselle Vellon HRM/531 September 23, 2013 Ellen Thomas Employment Law Compliance Plan for Clapton Commercial Construction ------------------------------------------------- memorandum to: | Marylee luther | from: | giselle vellon | subject: | employment law compliance plan | date: | September 23, 2013 | cc: | Traci Goldman | | | As you embark on the journey of expanding your business into a new state, there are several employment laws you must be aware of. Most of the laws you may be familiar with as they are federal and apply to your home state of Michigan. I will also introduce any laws that are specific to the state of Arizona. My goal is to assist you in preparing for your move as well ensuring that you have the tools necessary to remain fully compliant on the state and federal level. Federal Laws American’s with Disabilities Act of 1990 prohibits an employer from discriminating based on disability. According to the EEOC (2008), in order to remain compliant, “an employer must provide reasonable accommodations to perform the essential duties of the job as long as it does not create an undue hardship on the employer” (para 3). It is the responsibility of the employer to prove undue hardship (Smith & Harris, 2012). You must have documentation to present to the EEOC to prove your case. If you are found noncompliant, you can receive penalties as high as $55,000 for the first occurrence...
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...Employment Law Laura Wilson HSA 530 Healthcare Human Resources Management Dr. Queensberry May 5, 2013 1. Abstract In this paper I will explore which laws needs to be closely monitored in my organization and state why, also I will develop a sample job description for the actual role you perform or desire to have and demonstrate how I would protect my company from claims that what employees are asked to do once hired were not a part of the job description, next I will discuss steps you should take to protect your organization from possible litigation when hiring a new employee and last I will discuss steps I should take to protect my organization from possible litigation when terminating that same employee. 2. Determine which laws need to be most closely monitored in your organization and state why. Employee Benefits: * Human resources employment laws pertaining to employee benefits include the Consolidated Omnibus Budget Reconciliation Act and the Health Insurance Portability and Accountability Act, called COBRA and HIPAA, respectively. Where applicable, COBRA permits employees to continue their health insurance benefits after termination or another qualifying event. A qualifying event may range from divorce or legal separation to an employee's reduction in hours, which renders him ineligible for benefits through the employer's group health plan. HIPAA mandates strict confidentiality provisions for employees' medical information. Human resources...
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...Assignment 2: Employment Laws Carla Griffin Dr. Queensberry Health Services Human Resource Management July 29, 2012 This paper will discuss employment laws that need to be most closely monitored in your organization and state, a sample job description for the role I am employed within an organization and how I would protect the organization from claims that what employees are asked to do once hired were not a part of the job description, the steps that should be taken to protect the organization from possible litigation when hiring a new employee, and steps you should take to protect your organization from possible litigation when terminating an employee. Flynn, Mathis, & Jackson (2007) states that, “Equal employment opportunity is a broad concept holding that individuals have equal treatment in all employment related actions” (p.56). Anti-harassment laws, equal pay laws, Civil Rights laws, etc. fall under the equal employment opportunity umbrella when it comes to employment within an agency. With all of the new age innovative technology, the use of mass media, and especially electronic mailing systems as a means of preferred communication; privacy has been a concerning issue for both employees and employers. Privacy laws in the workplace should be closely monitored in my current organization and state because of the amount of use of innovative technology. Most employers utilize and provide employees with access to interoffice electronic mailing systems, use...
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...In every country there are many federal, state and local laws that influence workplaces, and it is important for employers to follow these laws in order to understanding their responsibilities, and create a harmonious workplace. These laws guarantee rights in the workplace such as hours of work and overtime pay, minimum wage, pay, safe workplace, vacation time and vacation pay, public holidays, coffee and meal breaks, pregnancy leave and parental leave, personal emergency leave, family medical leave, termination notice and termination pay. Us employment laws In the United States of America the Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. These laws have to be abbey by any employer, from the private sector and the government entities. The minimum wage rate is not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than 1.5 times the regular rate of pay is required. Overtime rate applies after 40 hours of work in a workweek Another aspect is measured by the Family and Medical Leave Act (FMLA) administered by the U.S. Department of Labor Employment Standards Administration's Wage and Hour Division. This act provides up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of...
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...* Question 1 * What must be shown in order prove just cause? In order to prove just cause courts will answer the following two questions: can the employee misconduct be proven? And, whether or not the employee has breached the contract in a significant and fundamental way? (Zvulony, 2010). If the employer is able to answer both these questions than there is just cause for dismissal, should answer no to either of the questions then they have no right to end the employment relationship. This would mean that they owe and either pay in lieu of notice or reasonable notice to the employee. If employees demonstrate any of the following criteria the employer may have the right to terminate the employee for just cause: insolence, subordination, off-duty conduct, intoxication or substance abuse, “theft, fraud and dishonesty, assault or harassment of co-workers, breach of duty, serious willful misconduct, conflict of interest (especially if it results in a loss of income to the employer), serious breach of company rules or practices, serious undermining of the corporate culture, chronic absenteeism or tardiness and unsatisfactory performance” (British Columbia Ministry of Labour, 2013). Should an employer choose to terminate an employee on the basis of Just cause, the burden of proof is on the responsibility of the employer. They must indicate that there was a fundamental breach in the contract, in order to do so there are two approaches: the proportionality approach, and the...
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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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...purpose of this paper is to analyze the USA employment regulation after a merge has occurred globally. This position paper is going to brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, Inc. is now a global business environment, the working individual overseas are relying on paid work, to make a living, and for the social and economic wellbeing of the community where they live, and encouraging more and more people, organizations, even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers and are a vital part of a country's efforts to protect its citizens. Most countries have their own version of laws protecting workers, but in general, employment laws address the following concerns: employees being overworked, placed in an unhealthy or dangerous environment, or rendered unable to work without appropriate compensation. In some countries, employment laws also guarantee that workers can't be unfairly...
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...University of Phoenix Material Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. | | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | | |Said to be the single most important |Griggs vs, Duke Power Company |Is was designed to eliminate the |Typically applied in the hiring | |Civil Rights Act of 1964 |piece of legislation that has had the | |discrimination of potential employment|process or the selection of potential | | |greatest affect on reducing employment| |based on the significant facets of |employment candidates. | | |discrimination; established in 1964. | |discrimination such as: gender...
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...Introduction Employment laws have been constituted to ensure fair treatment of employees by employers and to prevent exploitation of employees in the workplace. It is of utmost importance that these laws are completely understood by an organization not only to ensure compliance of these laws but also to create a workplace that is conducive to harness the maximum potential of employees by harboring goodwill, equity and trust between employers and the employees which in turn would lead to higher returns for the shareholders. These laws strive to provide the employees with a fair compensation for the work done, and a safe and non discriminatory workplace. Employee Laws like other laws have evolved over time to respond to the societal and organizational changes. One of the oldest and significant employment laws is the “Fair Labor Standards Act” established in 1938 to set the minimum wage and overtime pay. Another monumental employment law is the Title VII of “The Civil Rights Acts of 1964” that has resulted after a long and passionate strife for equality by Americans. The Title VII of this law deals to tackle employment discrimination on the basis of race, color, national origin, sex, religion, and retaliation. In the year 1967, another law called “The Age Discrimination in Employment Act (ADEA)” was passed to increase the set of discrimination criteria to include age. They have been followed by other very important bills like “Occupational Safety and Health Act of 1970”, “Americans...
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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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...Employment Laws Related to Anti-discrimination Bus 670 Legal Environment August 4, 2014 There is always the task that leaders of a company must face and that is the attracting and recruitment of new employees that are superior performers in their field. Even though this is a daunting task most employers still run advertisements are unattractive in the description of the job that needs to be filled and for the most part is bland. So they sit back with their fingers crossed in hopes that an ideal candidate will walk through the door that is a fit for the position and the company. According to Adler (2013), the leaders of the companies are focusing on 17% of those that are looking for work while hoping to employ the 83% that are not looking. In their quest to hire the top candidates, employers must find the most effective way to do so without violating laws such as anti-discrimination and others that are significant. “There are a variety of reasons that hiring managers have a hard time finding the best recruits, including that: employers depend on a surplus of candidates during the hiring process, but seek them in a talent scarce environment; candidates do not know how to engage in the hiring game; and few hiring managers take responsibility for attracting quality candidates because they are focused on attracting quantity, hoping to discover that diamond in the rough. These are all significant issues that need to be addressed, dissected, understood, and reframed...
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...Employment Law Tammy Cox Columbia Southern University Index Introduction 3 Discussion 3 Health and Safety 3 Unions 4 Discrimination 6 Disability 7 Privacy 7 Job Security 9 Conclusion 9 Employment Law Introduction Employment Law is applied by the department of labor while expressing the USA employment laws and regulations. The purpose of employment law is to protect the rights and mistreatment of any employee working under any organization. The employment law plays an essential part in protecting the employees according to USA employment laws because every country has their own employment laws. Protection is provided to employers by the acts which are defined by the Department of Labor (Greenhouse, 2011). There are even legal rights for the foreigners, in which it is stated that under what conditions they can work in the country. Various acts of law that come under the employment law are: Equal Employment Opportunity Commission (EEOC), Sexual Harassment, The Americans with Disabilities Act and The Fair Labor Standards Act of 1938 (FLSA). In that particular regard, this paper focuses on the health and safety, unions, discrimination, privacy, and job security. Discussion Health and Safety The Safety and Health at Work is always profiled as catalysts factors improving the quality of work and competitiveness. This is now well proven through various indicators of quality of work and competitiveness, whatever their origin, social or technical. However...
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...Employment Law Compliance Plan HRM/531 - HUMAN CAPITAL MANAGEMENT August 01, 2013 Robert Enderle Employment Law Compliance Plan MEMORANDUM TO: Traci Goldman FROM: DATE: July 31, 2013 Subject: Employment Law Compliance Plan I am tasked with creating an employment law compliance plan for a Bradley Stonefield. He is creating a limousine company that is based out of Austin, Texas. He has set a goal to have 25 employees within the first year of his business operations. So to help ensure the success of this business venture an Employment Law Compliance Plan is being developed. This memo will not only examine employment laws it will also deal with the penalties that can be enforced for noncompliance of these employment laws. This memo will address several employment laws several of these are laws will be specific to Texas and there will be some National Employment Laws. They are as follows: The Immigration Reform and Control Act of 1986, The Age Discrimination in Employment Act of 1967, The Texas Minimum Wage Law, The Texas Labor Code Anti-Discrimination Provisions, Occupational Safety and Health Act. The Immigration Reform and Control Act of 1986 The 1986 Immigration Reform and Control Act (IRCA) was the first attempt through legislation to attack the issue of unauthorized immigration. There are approximately...
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