...Legal Issues in Compensation Module 2 Written Assignment Claire G. Wood Empire State College Fall 2013 1. Explain in your own words the difference and importance between minimum wage and "living wage". Are there any states where the minimum wage equals or exceeds the living wage for that area? A minimum wage was instituted by our government to ensure that an individual can earn at least enough of an hourly wage to support himself or herself and pay for the basic necessities of life. However, the federal minimum wage of $7.25 per hour is insufficient when compared to what an individual requires for a living wage in all areas of our country. Please see below: Are there States where the Minimum Wage Equals or exceeds the living wage for that area?| State|Yes/No|State Minimum Wage|Living Wage 2 Adults + 2 children|Difference| Alabama|No| $7.25 | $18.04 | $(10.79)| Alaska|No| $7.75 | $19.32 | $(11.57)| Arizona|No| $7.25 | $19.33 | $(12.08)| Arkansas|No| $7.25 | $17.44 | $(10.19)| California|No | $8.00 | $22.00 | $(14.00)| Colorado|No| $7.25 | $19.29 | $(12.04)| Connecticut|No| $8.25 | $21.47 | $(13.22)| Delaware|No| $7.25 | $20.85 | $(13.60)| District of Columbia|No| $8.25 | $24.92 | $(16.67)| Florida|No| $7.25 | $20.54 | $(13.29)| Georgia|No| $7.25 | $18.55 | $(11.30)| Hawaii|No| $7.25 | $24.10 | $(16.85)| Idaho|No| $7.25 | $17.74 | $(10.49)| Illinois|No| $8.00 | $19.44 | $(11.44)| Indiana|No| $7.25 | $17...
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...| GOVERNMENT AND LEGAL ISSUES IN COMPENSATION | | | Wendy Kendall | | | Abstract The Fair Labor Standards Act (FLSA) was designed in an effort to bring the United States out of the Great Depression, but has evolved into one of the most important legislative measures to ensure fairness for all employees. This paper highlights government’s role in the compensation as well as the main provisions of the FLSA including minimum wage, overtime, record-keeping, and child labor laws. It also illustrates real and potential costs of non-compliance. Keywords: FLSA, minimum wage, overtime, child labor laws Introduction The main objective of government’s role in compensation is to assure that procedures for determining pay are fair to all. Government intervention in the compensation process includes equal pay for both men and women when performing equal or similar jobs, eliminating exploitation of children, and safety nets for unemployment and the disadvantaged. Beginning with the creation of the Bureau of Labor in 1888, government intervention has addressed many injustices, and continues to update them as new issues arise. The purpose of this paper is to track the evolution of government’s role in the compensation process, expand on some of the more prevalent laws, and highlight class action or individual legal actions against companies that violate these regulations. History Government intervention in the labor market began in 1867 when the House of Representatives...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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...recoverable by the Crown in right of Saskatchewan from the persons responsible for the discharge. (3) Subject to subsections (4) and (5), any person, including the Crown in right of Saskatchewan or in right of Canada, has a right to compensation from: (a) the person responsible for a discharge for loss or damage incurred as a result of: (i) the discharge of a substance; (ii) neglect or default in the execution of a duty imposed pursuant to section 4; Under this legislation, s. 15 (2) advises that any person in Saskatchewan has a right to compensation from the person who is responsible for discharge if impacted. However with the plaintiffs’ current claim, it does not provide facts for each component of s. 15(1), and how each subsection relates to their damages. It mentions that the plaintiff is required to clearly plead the facts. This means that Skyway must provide clarification to support the cause of action. The case also outlines CCRL’s argument, which debates the claim is not associated with the environment or human health, a requirement under EMPA, which therefore has no standing with the court. Overall the decision was made that the plaintiff is required to amend their statement of claim to determine if the case is arguable for compensation under...
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...NewCorp Scenarios Legal Brief Adriana Astte Carolina Mercado Liliana Mejia Rodriguez LAWP/531 March 28, 2013 Professor Ken Marc NewCorp Scenarios Legal Brief Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Liabilities include: wrongful termination, a breach of contract, and freedom of speech violation. Issue: NewCorp fired Pat without notice of unsatisfactory performance after being vocal at the local school board meeting. Explanation: Vermont is an at-will state; therefore Pat is an at-will employee giving NewCorp the right to fire Pat. That means that employees can leave the employment or be terminated without reason. However, according to Kohn (2012), the at-will doctrine applies “only in cases where there is no oral or written contract for an ascertainable or definite term of employment.” NewCorp’s personnel manual included a section on unsatisfactory performance. Pat signed the contract to show understanding of the policies. Pat also acknowledged that if performance was poor, Pat would have a chance to improve by being placed on a corrective action plan. This contract implied that if any employee was not meeting expectations would have a chance to develop. Given the situation that Pat and the family had just relocated from another city implies that NewCorp would have covenant of good faith which “limits employer...
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...Employment Regulations Carl Newell ACC543 June 26, 2011 Tom Benscoter Employment Regulations The relationship between employer and employee is complex and involve numerous legal and ethical issues. It is imperative that employers be fully versed in the pertinent areas of employment law. The current issue is a prime example of this fact of life. Situation Review The company is involved in a legal dispute with a former contractor. The contractor was injured in route to a sales call in her personal vehicle and failed to attend the sales meeting. This resulted in the loss of the sale. Subsequently, the contractual relationship with the individual was terminated. The former contractor has sued the company alleging wrongful termination. Independent Contractor In Section 2 of the Restatement (Second) of Agency an independent contractor is defined as “a person who contracts with another to do something for him who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking.” (Cheeseman, 2007, p. 471). Labeling someone and independent contractor does not in make them one in fact. The degree of control the principal has over the agent determines the independent contractor status. In this case the salient issue is that the principal set the work hours and assignments for Beth. This indicates a high level of control and in general the courts have concluded that this is not an independent...
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...understand contract law and the legal, ethical and contractual issues that can arise when dealing with an employment contract. The paper begins by explaining the objective of the paper and the used in order to complete the objective. The methodology used is a five step process beginning with the clauses within the contract being defined. This creates an easier reference for a reader without any legal background. The clauses are stated in an easily understandable format in order to better understand the agreement used in the analysis. This precedes the section where all legal concepts within the contract are defined. The legal concepts are used in order to better understand the meaning of the contract. They explain both the what, and the why each clauses exists and how they interact with the signer. The ethical issues within the contract are then showcased. The law is considered the minimum standard of ethics and as such there can be ethical issues for the signer. The process of termination is then analysed to better understand how the clauses within the contract work in a real scenario and can prepare the reader for their own employment termination. Finally, my personal recommendations regarding legal issues and lessons learned are displayed. This section shows how the contract could be improved on and recommendations when someone is making or signing an employment contract. The finally assessment of this contract is to sign it, as many of the issues are very situational and...
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...Internals and externals factors impact on compensation | Bus assignment # 1 | idiane1000 11/8/2009 | Contents Introduction 2 Internal factors affecting the best buy co Inc new compensation strategy 2 Best buy financial capital affect on compensation 2 Internal structure affect on compensation: 3 Employees’ acceptance of the new compensation 3 External factors affecting BEST BUY CO INC. compensation strategy 6 Economy factor on compensations: 6 Legal compliance on the compensation strategy: 6 Competitors impact on compensations strategy 6 Best buy summary 8 Conclusion 9 Figures: Median salary by job..…………………………………………………………………5 Median bonus by job…………………………………………………………………...6 Average weekly vacation by years experience…………………………………………6 Introduction With so many changes within the industry best buy the number one electronic retailer decided to implements new compensation strategy within their organization to gain competitive advantage against their competitors. An organization employing over 170,000 employees within the US will have hard time developing a compensation strategy for every employee. Therefore the organization decided to focus on its retail store managers. Data reveals that best buy Inc is employing little of two thousands retail store manager. The organizations is developing new compensation strategy so that they will be expose to fewer...
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...basic factors to determine pay rates. Employee compensation is “all forms of pay going to employees and arising from their employment” (Dessler, 2013, p. 352). According to Dessler (2013), it consists of both “direct financial payments and indirect financial payments.” As we explore the case study of Acme Manufacturing, we will see the salary inequities and the struggles that the newly appointed president, Joe Black, has to go through to fix those issues. In an article titled “Fair Pay or Power Play?” Shin (2013) reported that “pay inequity provides strong motivation for CEOs to restore equity.” For this case, I will identify some issues and recommend some plans to resolve the salary inequities in the Acme case. Some key issues that existed within Acme Manufacturing were: lack of individual equity, internal equity issues, no pay structure for salaried employees, and lack of legal considerations in compensation. Equal Pay Act of 1963 (EPA) “makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.” (“Laws Enforced by EEOC,” n.d.). With the previous president, Bill George, salaried employees bargained their pay. Joe Black identified that there were female supervisors that were earning less than male supervisors. Ultimately the underlying issue was management failed to create a compensation plan that aligned with a reward strategy. According to Dessler (2013), “A compensation plan should first advance the company’s strategic...
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...EMPLOYER’S DUTY OF CARE Strayer University LEG 500 – Law, Ethics, and Corporate Governance February 20, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment” The actions of Jake’s work on the vehicles that include checking breaks, tires, and the transmissions is included within his scope of employment. The scope of employment includes any tasks that are included in the contract of the position that an individual is hired to complete (USLegal). This also includes any specific task that an employer asks an employee to perform. The purpose of documenting an individual’s scope of employment is for the employer to be responsible for a liability that may occur in case of an injury to that individual. The scope of employment can also be used to help benefit the employer as well. If an employee is not performing within their scope, the employer is not responsible for the actions of the employee. The position of Jake’s employment is that of Service Manager. Herman did give Jake specific instructions to change the oil no matter what is wrong with any of the vehicles. However, Jake is there to service vehicles. As long as he is performing duties that include servicing vehicles and furthering the business of the company then he is performing within his scope of employment. It is expected of a mechanic to perform other tasks of servicing a vehicle other than just changing the oil. Even if an employee is doing something that they are not directed to do by...
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...Legal Risk & Opportunity in Employment Joe Kroeger Business Law 531 January 10, 2011 Marlene Wilhite Legal Risk & Opportunity in Employment The following assessment will discuss legal risks and opportunities in employment law when discussing three different scenarios at WireTech. I will discuss what WireTech’s liability is and what legal principles are relevant to the situation. In Legal Encounter 1, Clark was discharged after three months without any indication of unsatisfactory performance. WireTech’s liability is that they discharged Clark verbally and not in writing. Upon Clark accepting employment it stated that the employee would be notified of unsatisfactory job performance and placed on a corrective probationary period. If the employee’s performance did not improve within the specified time period, discharge would happen. In this encounter, Clark voiced his opinion in a school board meeting that was apparently unpopular. Clark felt that this contributed to his termination. Although Clark signed that he understood that the company observed employment at will regarding termination, I believe that his opinion at the board meeting is the reason that he was terminated. To me, this was an intentional termination due to discrimination. He was discriminated against due to his position at the school board meeting. “In a case involving intentional discrimination, the aggrieved party can recover compensatory damages. A court can award punitive damages against an employer...
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...NewCorp Scenarios Legal Brief LAW 531 April 16, 2012 NewCorp Scenarios Legal Brief Question 1: What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Answer: State of Vermont is an “at-will” employment state. The definition of “at-will” means the employer or employee can terminate the contract at any time without liability to other party. This gives NewCorp the right to fire, hire, or terminate for any or no reason as long as it is not illegal. When the employer terminates the contract it is a revocation of authority and when the employee terminates the contract it is renunciation of authority. NewCorp used revocation of authority to discharge Pat and did not violate any rights. Pat acknowledged that the contract he signed clearly said that NewCorp observed employment at will with respect to discharge. Written employment agreements are always enforceable in the court of law (Cheeseman, H. (2010). On the other hand when Pat signed and accepted employment he received the NewCorp personnel manual. In the manual he found that NewCorp has the policy or process in place for dealing with unsatisfactory employees. This gives Pat an implied impression that NewCorp “at-will” policy is limited. If Pat gets legal help and shows that he relied on the provision of the manual in continuing his employment with company or that the law of promissory estoppel applies, Pat could...
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...CRITICAL ESSAY: COMPENSATION EQUITY IN CHINA Hou Guangjian ABSTRACT In China presently, employees receive different compensation according to all kinds of ad hoc definitions of external equity, internal equity and individual equity. Consequently, employee attitudes toward work and social status are affected. If the government would provide people with access to better education, legal measures that guarantee fair competition, and training opportunities to people who have need, the Chinese people would have greater reason to believe that improved compensation equity will be realized in the future. INTRODUCTION Two years after the death of late chairman Mao Zedong, Deng Xiaoping launched century. During the past twenty-five years, the country has witnessed tremendous gains in economy and social wealth in general. Although, on the average, people are leading a much better life, the gap between rich and the poor is becoming larger. As a large developing country in a transition period from a planned economy to a market economy, China at present has to adopt a de facto policy of “letting a few people get rich first” to stimulate enthusiasm and initiative for the rest of the population. Thus, the usual egalitarianism -- what Chinese term the “Large Bowl” -- has been smashed. People working at similar jobs receive different compensation. Various ad hoc definitions of external equity, internal equity and individual equity influence compensation and, consequently, employee attitudes toward...
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... Detailed Contents About the Authors Preface xxiv xxv PART I. 21ST-CENTURY HUMAN RESOURCE MANAGEMENT STRATEGIC PLANNING AND LEGAL ISSUES 1 Chapter 1 The New Human Resource Management Process 2 SHRM 3 Why Study Human Resource Management? 4 HRM Past and Present 6 Past View of HRM 6 Present View of HRM 6 21st-century HRIi 8 HRM Challenges 8 The HRM Strategic View 9/ Technology and Knowledge 10 Labor Demographics 11 Productivity and Competitiveness Through HRM HRM Skills 12 Technical Skills 12 Human Relations Skills 13 Conceptual and Design Skills Business Skills 14 12 13 Line Managers' HRM Responsibilities 15 Line Versus Staff Management 15 Major HR Responsibilities of Line Management 15 HR Managers' Resonsibiiities: Disciplines Within HRW? 16 The Legal Environment: EEO and Diversity Management 17 Staffing 17 Training and Development 20 Employee Relations 20 Labor and Industrial Relations 20 Compensation and Benefits 20 Safety and Security 21 Ethics and Sustainability 21 HRM Careers 23 The Society for Human Resource Management Other HR Organizations 24 Professional liabiliy 24 23 The Practitioner's Model for HRM The Model 24 Sections of the Model 25 24 Trends and Issues in HRM 27 Technology and High-Performance Work Systems 27 Increasing Globalization 28 Ethical Issues—Reverse Discrimination Wrap-Up 28 29 Chapter Summary 30 Case 1.1 33 Chapter 2 Strategy-Driven Human Resource Management ...
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