...Running head: LIT1 TASK 310.1.5-02, 11, 13 LIT1 Task 310.1.5-02, 11, 13 Western Governors University 1 LIT1 TASK 310.1.5-02, 11, 13 2 LIT1 Task 310.1.5-2, 11, 13 Situation A The Family and Medical Leave Act of 1993 (FMLA) contains several important provisions that are applicable and will be considered in Situation A. I have outlined these provisions below. First, according to U.S. Department of Labor, Wage and Hour Division, Fact Sheet #28 (U.S. Department of Labor, Wage and Hour Division, 2010), the FMLA applies to public employees such as state and local governments, some federal employees, and all private-sector employees. Since Company X is a private organization, it falls within the bounds of this act. Second, the act specifies a private-sector entity that employs more than 50 employees is subject to its regulation (U.S. Department of Labor, Wage and Hour Division, 2010). Company X currently serves as an employer for more than 75 workers and therefore its employees may utilize the benefits of the FMLA. Third, the employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of a newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; to take medical leave...
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...Jed Worthington LIT1: Task 2 Situation A: Our company had an employee whose wife gave birth to twins prematurely. This employee requested leave in order to be with his wife. This particular situation fell under the Family and Medical Leave Act of 1993; it states that employers must grant 12 weeks during any 12 month period of time of leave to employees. An employee can qualify for the Family and Medical Leave Act when there is a birth of a child, placement of a child in foster care, adoption, or to care for immediate family members because of health conditions. It can also be used for the employee’s own health reasons. The law states that the employer needs to compensate the employee for any paid leave the company provides to its employees. If the company does not provide paid leave for their employees, then the leave does not need to be paid. In the situation, we followed the FMLA laws by allowing the employee to take a leave. We then brought the employee back to his previous job and rate of pay after his return. The company has no obligation to compensate the employee for his 11 weeks of leave, unless the company provides 11 weeks of paid leave to its employees. Situation B: An employee was denied a job based on his age. This particular situation would fall under the Age Discrimination Employment act of 1967. This law states that companies that employ 20 or more employees must not discriminate against any individual from the age 40 years and older. The law...
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...LIT1 Task 2 Situation A The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons: * The birth of a child, or the placement of an adopted or foster child. * A serious health condition that makes the employee unable to perform the essential functions of their job. * To care for a spouse, child or parent with a serious health condition. * A “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the armed forced. * To care for a covered family member who has suffered an injury or illness while on active duty. Employees must be restored to their position or equivalent position when returning from leave (“Benefits and Protections,” Revised 2013). The use of accrued paid leave can be determined by individual organizations, but should be documented in a policy. It is important for an organization to create a leave policy that complies with FMLA and be consistent when applying the policy. The Family and Medical Leave Act can provide stability...
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...LIT1 Legal Issues for Business Organizations TASK 2: Labor and Employment Law September 17, 2014 ATTN: Requestor, SVP of Ops SUBJ: Compliance Review; Report of Findings Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below. ------------------------------------------------- SITUATION A FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES | Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical Leave Act of 1993 when considering a leave request by an eligible employee. | Employee has been employed at the company for 2 years. | An employee must have worked for a covered company at least 1,250 within the past 12 months in order to be eligible for unpaid leave and job protection under FMLA. | Employee meets eligibility requirements for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. | Employee was granted sudden leave upon request due to the birth of his children. | Eligible employees are entitled to parent bonding time after the birth of their child(ren). | Employee gave notice and was granted leave to bond with his children. | Employee’s duration of leave was 11 weeks. | Eligible employees are entitled...
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...Rich Kraft Situation A The purpose of the Family Medical Leave Act, which was enacted in 1993 and became effective in 1994 was brought about to help employees balance their family life with their work life. The act allows an eligible employee who works for a covered company, to care for a family member under certain situations, without the fear of loss of the job, fear of a pay reduction all the while being able to keep their healthcare benefits. This act would sufficiently allow the employee to return to work at the same job, or similar paying job than they had when they left, while being able to help their family in times of crisis Given the facts and the situation of this case, we have a company, Company X, that has been in business for two years and has over 50 employees, and this situation assumes that has had this many employees for at least 20 work weeks and the current or preceding calendar year, making them, according to the Family Medical Leave Act, a covered company. We also have an employee, employee A Who is been with the company for 24 months and, whose spouse has given birth. Employee A, according to the employee eligibility clause of the Family Medical Leave Act, assuming that he or she has worked at least 1250 hours during the previous 12 months of his employment is considered a covered employee. The employee requested the time off as is required by the Family Medical Leave Act, making sure that all of the requirements of the employee had been...
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...Task 2 – Labor and Employment Law As requested I’ve reviewed the situation for each of the employee you mentioned. I’ve detailed my findings below. Situation A I reviewed FMLA requirements to Employee A’s situation. First, Family Medical Leave Act (FMLA) requires 1,250 hours and 12 months of employment at the company (Wage, 2010). Employee A has been with Company X for two years; therefore this requirement has been met. Second, Employee A’s situation, his wife gave birth to premature twins, is eligible for FMLA unpaid according to The Family Medical Leave Act of 1993 (Wage, 2010). The Family Medical Leave Act of 1993, states employee is “…entitled to return to the same or similar position with the same benefits and rate of pay he was making before he went on FMLA” (Wage, 2010). Therefore, Employee A is entitled to return to the job he held; however, he is not entitled to payment during his leave. In summary, Company X is compliant with the Family Medical Leave Act of 1993. Therefore, Company X is not required to compensate Employee A for the 11 week time-frame he was unable to work. Situation B I have reviewed the situation of Employee B where he alleges age discrimination. Employee B is stating that he is being discriminated against when he failed to receive a promotion which he claims he was qualified to receive. His performance review from last month states his work was “above average”. The promotion was given to a co-worker who was 32 years old and...
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...The Report Sole Proprietorship: * Liability - Unlimited Liability, the owner is personally liable for all the business debt and obligations. There is no legal distinction between owner and business. * Income Taxes - Tax planning can be difficult to take advantage of lower income tax rates, due to all the income generated by business is treated as personal income. * Longevity/Continuity - As long as the owner is alive the business can continue. * Control – The owner has full autonomy of the business. * Profit Retention - All the income generated from the business belongs to the owner. * Location – The owner has full autonomy of the location. * Convenience/Burden - The convenience of a sole proprietorship is its easy to start a business, you have full autonomy of the business and you have totally ownership of the finances. The burden of a sole proprietorship is the owner usually suffers the highest rate of taxation and unlimited liability for business debt is a major burden. General Partnership: * Liability - Every partner in the partnership is jointly and severally liable for the partnership’s debts. * Income Taxes - The partnership is considered a disregarded entity for tax purposes, so income “flows through” the business to the partners, who then pay ordinary income tax on the business income. * Longevity/Continuity - As long as both partners are getting along the business could last a long time. * Control – The partners...
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...M E M O R A N D U M TO: Director of Human Resources FROM: Nichole Highfill, Human Resources Compliance Coordinator DATE: 16 Aug, 2014 RE: Recent Compliance Disputes Thank you for your recent inquiries into our company’s compliance with federal and state regulations for discrimination in hiring and employment. After researching each of the 3 situations that you have brought to my attention, the following information contains the facts of the rule of the law and how it applies to each scenario, along with my own conclusions as to whether or not we have violated those laws at Company X, maintaining each employee or potential employee’s privacy by using anonymous names to describe them. In regards to Employee A, I have looked at the policies and procedures surrounding the situation and understand that the Family Medical Leave Act (FMLA) applies here. FMLA applies to companies with more than 50 employees and to employees who have been with the company for more than a year, though the year does not need to be consecutive. FMLA provides employees with 12 weeks of unpaid leave in situations that require them to be off of work for major health reasons or to take care of family member’s for major health reasons. Situations that are covered by FMLA include the following: birth of a child, a child being placed in the home or adoption or foster care, caring for a spouse, child, or parent with a serious health condition, having a serious health condition of their own making the employee...
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...| Sole Proprietorship | Description | Sole proprietor is most common way of doing business owned by single owner not incorporated. | Two Advantages | Easy to create. No time or costs simply start doing business.Autonomy owner is the business. Easy to make decisions. Own hours, grow as big or stay little. Owner decides. | Two Disadvantages | If owner dies business dies. Only one person hard to raise capital.Because it is one person, if you don’t have individual wealth the business will have to suck funds from somewhere else. | Liability | Owner is 100% liable for the business, no difference between owner finances and business finances. | Income taxes | Taxes are same as owner/business. You would pay taxes through owner’s income. Taxes are one in the same. | Continuity of the organization | Easy to start, easy to shut down just finish all contracts pay off all debt and you can close down. | Control | Owner has all control on decisions. Owner may need to get local license and permits and operate within the law of the City, State, or country. | Profit retention | Would be managed through the owner’s personal finances and set up however they see fit to retain profits. | | General Partnership | Description | Where two parties agree to go into business together. Often times taking different talents to add to the business. Similar to a Sole Proprietorship but two or more people. | Two Advantages | Two skill sets, two individual bank accounts. No formal or stated...
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...Department Manager has granted his request to return to work, in his previous position, but is denying his request for back pay. Pursuant to Section 102(a)(1) FMLA 1993, Employee A was entitled to 12 work weeks of unpaid leave in any 12 month period, for the birth of his children or to care for his spouse. Also under FMLA Section 104(a)(1) (a) and (b), the employee is entitled to be reinstated by his or her employer to the position held by the employee when the leave started or be offered a position of like importance with equal pay and equal benefits. Section 104(2) states an employee taking leave under Section 102 shall not lose any employment benefits accrued prior to the date which leave started. Section 102(d)(1) and (2) are also relevant in this instance. Section 102 (d)(1) states if an employer provides less than 12 weeks of paid leave the balance of leave due may be granted unpaid. Section 102(d)(2)(A) states and employee may elect, or an employer may require, accrued sick time and vacation to be taken as part or all, of the 12 weeks of leave. It is my opinion we, as a...
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...MEMORANDUM TO: SENIOR VP OF OPERATIONS FROM: DIRECTOR OF HUMAN RESOURCES SUBJECT: SITUATIONAL REVIEW DATE: 9/18/2012 Having reviewed the three cases that were brought to my attention to be analyzed I am, hereby, submitting my formal review of each independent situation. Situation A In the case of Employee A, we must take into consideration the regulations of the Family and Medical Leave Act. The FMLA regulations protect employees by allowing for 12 weeks of unpaid leave during a 12 month work period. The employee is further protected by being allowed to return to their former position, with the same pay rate and benefits they had before taking leave. However, there are restrictions such as company size and how long the employee has worked for the company. For starters, our company has more than 50 employees and therefore, we are required to provide FMLA leave. Furthermore, Employee A has worked for the company for two years and the FMLA stipulates that an employee must be employed for at least 12 months. The facts of the case are that Employee A requested leave for the birth of his twins which was granted to him by the previous manager of his department. Our current department manager has allowed for Employee A to return to work and is continuing his pay at the rate prior to his leave. The cause for concern lies in the denial of recuperation of Employee A’s withheld salary during the 11 weeks he was on leave. When choosing to deny Employee A’s request to...
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...Situation A Facts of Situation A as it pertains to the Family and Medical Leave Act of 1993 (FMLA). • • • • Employee A has been employed for over 1 year Employee A was on extended leave due to the birth of a child Company X has more than 50 employees New Manager agrees to return Employee A to previous job and pay, denying pay for time off The FMLA states that an employee can be on extended leave up to 12 weeks without pay as long as certain provisions are met. In reviewing the facts of this situation, there are additional questions that must be answered in order to definitely determine if a violation of FMLA exists. As the previous manager has left the company, records will need to be reviewed to insure that the employee was given the proper notice concerning his rights under FMLA as required by law. Are the rules for FMLA posted in the office where Employee A worked? Did the former manager properly notify Employee A that the leave was going to be designated as FMLA leave within the required five business days? If these provisions were met and can be documented, then the leave can be classified as FMLA leave and no violation exists. Situation B Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967 (ADEA). • Employee B is over 40 years of age. • • • Employee B has been with the company for 42 years. Employee B received an “above average” rating on their last performance review A younger employee, who received an “adequate” rating, was given...
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...| Sole Proprietorship | Description | In a sole proprietorship, the business and single owner are one in the same. A single owner makes all decisions with regard to the business and the single owner retains all profits earned by the business. The single owner is also responsible/liable for all debts and obligations of the business on a personal level. | Two Advantages | A sole proprietorship is easy to create; there is minimal creation cost and time.The single owner has autonomy in decision making; sole owner makes all decisions related to the business and has complete ownership of business’s finances. | Two Disadvantages | It is impossible to add additional owners and to pass on business, business dies with owner. A single owner faces challenges with raising working capital and all loans made for the business are the personal responsibility of the owner. In addition, the single owner may be sued personally for the business’s liabilities. | Liability | Liability is unlimited; obligations of the business are personal obligations of the owner. The single owner is 100% personally responsible for business liabilities and debts. All of the owner’s personal assets are subject to lawsuit(s) made against the business. | Income taxes | The business itself does not file a tax return. There is no legal distinction between the owner and the business. All income earned by the business is considered personal oncome by the owner. Owner faces a higher rate of taxation because all business...
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...LIT1 - Task 2 - 310.1.5-02,_11,_13_0912 Family Medical Leave act of 1993 The Family Medical Leave act of 1993 (FMLA) ensures that personnel of companies with 50 or more employees, who work within a 75 mile radius of those in need of the leave, are able to take time off in order to balance their personal obligations with their employment commitment. An employee will qualify for family leave if • they need time off for a serious health condition • or a close family member requires care because of a serious health condition and • they have worked for their employer for at least 1 year • and they worked at least 1250 hours for the employer in that year • and they notify the company • and fill out the necessary paperwork in a timely manner The leave requested by the employee is unpaid and the employer must maintain the employee’s benefits during their time of leave. When the employee is able to return to work they must be restored to the position they held when they began their leave at the same pay and benefit rate. If the employee cannot perform the job function they performed at the time of the leave request they must be given an alternative position at their previous pay and benefit rate. In our case since Company X qualifies as a company that needs to abide by the FMLA requirements and Employee A met the requirements for time off to care for his wife and premature twins, Employee A was permitted leave from his employment duties for this purpose. On Employee A’s...
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...SAMPLE FORMAT FOR TASK 1 PART A *Course Mentor Note on the interpretation/application of the Taskstream Instructions: According to the instructions in Taskstream, you may conclude the task is asking you to include 3 components for Part A of Task 1 which are: 1. Six of seven characteristics 2. Advantages and disadvantages for each business organization 3. Brief description for each business organization But to clarify what is actually required, you only need to describe the 6 of 7 characteristics; you don’t need to list Disadvantages/Advantages nor a brief description. The reason: 1) the info for your advantages/disadvantages/brief description and bullet list essentially is the same so you'd see redundant work and 2) if you look at the rubric for Task 1, the only metric is that you have 6 of 7 characteristics for each business organization - there is no metric for brief description nor advantages/disadvantages. Thus, regarding the format for Task 1 Part A for LIT1, the Bullet/Listing approach (mentioned in the Task 1 Instructions) is below, which basically is you’ll describe each characteristic in usually about 1-2 sentences then move on. Example of how to apply this format: SOLE PROPRIETORSHIP: • LIABILITY – (1-2 Sentence Description) • INCOME TAXES – (1-2 Sentence Description) • LONGEVITY/CONTINUITY – (1-2 Sentence Description) • CONTROL – (1-2 Sentence Description) • PROFIT RETENTION – (1-2 Sentence Description) • LOCATION...
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