...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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...Labor and Employment Laws * As Director of the company I have studies the laws and provisions of the Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act of 1967, and The Americans with Disabilities Act of 1990. I have further my research with these three laws to better understand the law and the company position in insuring correct and proper treatment of it. * These laws was create to protect employee’s rights and company values. Improper treatment of the law comes with damages to the company and trust of the employee. Each situation have been carefully analyzed by me and I’ve list my findings below with a little information about the law that pertains to the given scenario. * Family and Medical Leave Act of 1993 This Act was founded in 1993 and serves to give employees peace of mind to take leave of absent in particular family emergencies up to 12 weeks of unpaid leave during a 12 month period by law and be offer their same job on return or something equal to it, with the same pay and hours as they had before. One of these particular circumstances are the birth and care of a newborn. The spouse in this instance can take leave to care for his child. The employee meets the time with company, the law states he must be employed with the company at least 12 months and his record shows two years with the company. The law clearly states this provision does not apply to companies with less than 50 employees, and our company size is 75...
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...Business Law Labor and Employment Law Situation A Situation A is a violation of the Family and Medical Leave Act. The act clearly states that your employment may be held for the legally indicated amount of time but without compensation. Employee A’s time off from work falls within the scope of the guidelines that are defined within the act & his return to work at his previous rate of pay also falls within the scope of guidelines included in the act, but the request of the 11 weeks of withheld salary is not allowed for the employee in the acts guidelines. The guidelines in the act spell out and clearly state that ”the FMLA mandates unpaid, job protected leave for up to 12 weeks a year” for multiple reason including but not limited to, “to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care”. The act also clearly states that it requires for employers to provide FMLA act protection for employees that have worked for the employer for at least 12 months (not necessarily a consecutive 12 months). Employee A may return to his job, at this previous rate of pay but he may not be approved to be given the withheld pay for his time off of work. Situation B Situation B is a complete violation of the Age discrimination Act of 1967. The act clearly states that it was created with the intent to prohibit age discrimination in employment. Employee B was cited for doing above average...
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...Employment Law and Labor The restaurant chain Red Robin had recently endured an EEOC case where they had to give one of their workers a large sum of money for losing a religious discrimination case. The case took place in Seattle Wa. (www.eeoc.gov). The initial charges also included enforcement of changes for the organization’s policies and procedures of employees’ religious rights. The organization was ultimately found guilty of wrongfully firing a worker under religious reasons (www.eeoc.gov). The case was reported to be about a worker who was employed as a server at the restaurant. He believed in a certain Egyptian religion called Kemetic where it is tradition to wear tattoos as a form of worship. These tattoos are worn typically around the wrists where they can be seen by the public (www.eeoc.gov). The employee cannot cover these tattoos as it is considered to be a sin because these tattoos are supposed to dedicated to how he sacrifices for his religion (www.eeoc.gov). It reported by the EEOC that the employee did have these tattoos when he began his employment with the organization. The company did have preexisting regulations prohibiting any tattoos that can be seen. The worker had been working at the establishment for a span of 6 mo. with no complaints from the public or employees before management had seen them and terminated him for refusal to cover them (www.eeoc.gov). The terminated employee had stated that he had advised his supervisors...
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...The method of pre-employment testing is a method that should be carried out carefully as to avoid as many liabilities as possible. For instance, if the testing were comprised for government applicants, the liabilities can be very high. The skill levels for these various positions range from very complicated to the lowest level of skills. Sometimes there are union entities that involve themselves with pre-employment testing. When this happens regulations from the government can clash with the union’s. These types of issues can sometimes lead to complications due to legalities (www.selectivehiring.com). The entire ideation with this type of testing is to locate the best fit for the opportunity being offered to the candidates. The testing is put in place to eliminate low retention within the working environment. The addition of testing candidates online has given many organizations the ability to conduct this type of testing. The administrating organization must take note to format the proper testing in order to evaluate all candidates in a proper fashion (www.selectivehiring.com). The organization used in this assignment is a particular judiciary system within the United States. This system employs thousands of employees. Due to this testing for candidates must be concise but must also not affect any legalities that could appear due to improper testing methods. The first thing that is done is separating the various positions into separate categories...
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...Labor and Employment Law Western Governors University LIT1 310.1.5-02,11,13 February 6, 2012 Course Mentor: Quinn Hanamaikai Task A: Evaluation of the Family and Medical Leave Act of 1993 as applied to situation A. A1? Has a violation occurred in situation A? To qualify for The Family and Medical Leave Act (FMLA), an employee or family member must suffer from an illness which is a chronic condition, a long term condition, hospitalization, a condition that requires ongoing treatment or have a pregnancy, parental complications or the adoption of a child. There are also many restrictions to qualify for FMLA. The employee in situation A has worked for the company for two years which meets the 12 month/1,250 hours worked in previous year requirement. As the employee’s spouse recently gave birth to twins, he is eligible for FMLA leave of 12 weeks under the Parental leave requirements. Both women and men can take parental leave under FMLA leave after the birth of a child. Any time within the first year after the child is born FMLA leave can be taken. Smaller companies are not required to give FMLA leave to their employees as it would be an undue strain. As Employee A had his FMLA leave request approved the company complied with FMLA as it has more than 50 employees within 75 miles of the workplace. Employee A has asked to return to work after 11 weeks of being on leave, and, and he is requesting to be compensated with pay for the 11 weeks that was withheld during his...
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...Labor and Law Issues As director of human resources at MAS Company, a company with over 75 employees, I am responsible for making sure that the company is in compliance with labor and employment laws. My job is to ensure that the company’s management team follows the federal laws pertaining to the employees. I also analyze situations which may occur within the company and determine if a violation of mandated federal laws has been violated. This week, the vice president of operations has presented to me three situations which required my expertise. I have read and analyzed the situations, and I have reviewed them with each manager involved from each situation. The situations and my findings are as follows. Situation A: After being on leave for eleven weeks to be with his wife, who has given birth prematurely, Patrick has submitted a request to his boss, Tom, to return to work. He has also has asked Tom if he could be paid his salary during his 11-week leave. Patrick has been given permission, by his new boss, Tom, to return to his old position at his old salary. However, Tom has turned down Patrick’s request to receive his withheld pay from his 11-week leave. The provisions of the Family and Medical Leave Act of 1993 are as follows: “The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar...
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...serious injury or illness if they are immediate family. You must work for a covered employer. Government agencies, and elementary and secondary schools are covered regardless of the number of employees. Private employers with at least 50 employees are covered by the law. You must have worked for the employer for at least 12 months. Seasonal work does count, but a break in service over 7 years disqualifies the previous work. ("Family and Medical Leave Act," n.d.) 2. Employee A was given the appropriate entitlements from the Family and Medical Leave Act. The employee met eligibility requirements because he worked for the company at least 12 months and requested leave for an eligible reason. Employee A would be covered by his health insurance plan during the 11-week leave. 3. Employee A was placed back with the company in his former position at the same rate of pay. The FMLA does not grant the employee wages during their leave, so the denial of 11 weeks of pay was not illegal. No violation occurred. B. 1. The ADEA protects employees and job applicants over the age of 40 from age discrimination. The ADEA makes it illegal for an employer to retaliate against someone who opposes discriminatory employment practices based on age. Employers are also...
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...1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS LIT 1 Task 2 Labor and Employment Laws Activity mode aims to provide quality study notes and tutorials to the students of LIT 1 Task 2 Labor and Employment Laws in order to ace their studies. LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS LIT 1 Task 2 Labor and Employment Laws Activity mode aims to provide quality study notes and tutorials to the students of LIT 1 Task 2 Labor and Employment Laws in order to ace their studies. LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS LIT 1 Task 2 Labor and Employment Laws Activity mode aims to provide quality study notes and tutorials to the students of LIT 1 Task 2 Labor and Employment Laws in order to ace their studies. LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT...
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...State & Federal Governments in Employment Regulation Angela McIntosh Sullivan University Employment Law HRL404 Abstract This paper will provide an overview of the State and Federal regulations in employment and discuss relevant employment regulations. The findings will explain on how in today work environments that the business climate of companies seem to subject to a wide variety of laws and regulations. With these components in dealing with the regulated in benefits for employees that has become a particularly crucial issue in the past several years. State and Federal regulations play a large role in how a company treats its employees while at work. These laws ensure that those workers that report in dealing with the wrong doing of their employees are not discriminated. In concluding the State and Federal government have made sure that protection to the interest of the workers to carrying out their duties in a prudent manner and refrain from conflict of interest transactions specifically prohibited by law. The enforcement of the federal and the state minimum wage law to be enforced in the working field. The Federal Government has set up specific laws that apply to the regulation of unions and allows workers to join unions. The National Labor Relations Act allows the workers the option of joining an association. The government established the National Labor Relations Board for this purpose...
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...Labor law in Spain. Amira Hassanaly BLAW 225 Labor law in Spain. Amira Hassanaly BLAW 225 Outline I. Introduction II. Employment contract a) Permanent contract or fixed contract b) Temporary contract c) Training contract d) Work experience contract e) Part time contract III. Working Conditions a) Salary b) Working time c) Rest time d) Overtime e) Working day and family f) Holidays and leaves g) Unpaid leaves h) Maternity and paternity leave i) Dismissal IV. Employee’s rights V. Social Securities VI. Unions VII. Conclusion I. Introduction As is the case almost in all European countries, Spanish labor law is very understandable and ensure protection for employees. According to the definition labor law is a body of law that govern the employer-employee relation, including employment contract. The relationship between employer and employee is more than the exchange of labor for money it is also covers workplace rights and a large group of regulation on issues such as protection from discrimination, wages hours and health and safety. Labor law also deals with individual and collective relationships between employees and employers. The economic crisis of 2008 showed that the Spanish labor model was not working out. The labor legislation change in 2012 in order to be more suitable in a time of crisis within the labor market, the legislation modifies the institutional...
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...Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under the DOL it has countless laws and it would be time consuming to summarize the differences in federal and state laws for each topic, but a few employment laws will be discussed in more detail to show how...
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...Cheap labor is widely seen as a prerequisite to China’s economic rise and as a major threat to China’s competitors. The low production costs in China have been blamed for countless job losses and plant closures elsewhere in the world as more and more investors flocked to this country. However, the Labor Contract Law of China, that came into effect on January 1, 2008, has been one of the most disputed laws passed in recent years. It was the product of a series of lengthy consultations that took place between the state and social, domestic as well as foreign actors affected by it. Many entrepreneurs see the new law as a threat to their businesses in China. Chinese new Labor Contract Law is the most significant reform to the law of employment relations in more than a decade. Its final form emerged following highly contentious debates over the terms of earlier drafts- debates involving not only a range of Chinese actors, but also international business lobbyists and labor organizations. The Law was enacted represents a compromise between the competing demands of these many interest groups. This article briefly surveys the reasons for the enactment of the Labor Contract Law, the polarized drafting process, and the key matters it addresses. The assessment presented is that the Law is, overall, a necessary and beneficial contribution to the regulation of work in China. 2. The Need For the Labor Contract Law Chinese foundational law regulating the labor market is the Labor Law of...
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...publicly owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and on eliminating child labor. In the 1960s and 70s, statutes focused on anti-discrimination and unsafe work environments...
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...University - Batangas Graduate School | Employment Rights | Trends and Issues | | Ma Chere Gracita C. Reyes-Bilog | 04/25/2015 | Name: Ma Chere Gracita C. Reyes-Bilog C/Y/S: Masters in Business Administration S/T/R/D: MBA 518 / 1-4 PM / SHL 203 / Sat Professor: Dr. Leon R. Ramos, Jr. | Abstract Objectives: A. Cognitive: Identify the different rights of an employee. B. Affective: Develop a better understanding of the rights of the employee. C. Psychomotor: Apply the concepts to real-life situations and work conditions and be guided by the knowledge acquired in developing good corporate governance policies relating the rights of the employees. Definition of terms: Authorized Causes refers to the grounds of dismissal s to the grounds of dismissal that are allowed by law on grounds of business or organizational necessity (Atienza, 2004). Casual Employment refers employment which is neither regular, nor for a fixed period nor seasonal (Labor Code). It is one where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such ob, work or service, is for a definite period made known to the employer at the time of the employment (Omnibus Rules Implementing the Labor Code). Constitution refers to the standard of validity for all acts, both public and private. It is a written instrument that serves as the fundamental or supreme law of the land (Carmelo, 2005). Corporate Governance...
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