...Situation A Employee A has been with Company X for 2 years, and his wife gave birth to twins recently. He requested leave off work, and was granted said leave. The employee was on leave for 11 weeks, and asked to return to work, and be paid for the 11 weeks he was on leave. The employee was returned to his previous position at his previous pay, but was denied the 11 weeks of withheld salary. The points pertaining to the Family Medical Leave Act in this given situation are whether he was employed at the company long enough to qualify for leave, whether the situation qualified for him to be on leave, whether he has on leave for longer than is allowed by the Family Medical Leave Act, and whether he was permitted to return to work at his previous position and pay. In answering these points, the Family Medical Leave Act states that if an employee has worked at a company for more than 1 year they are allowed up to 12 weeks of leave, therefore since Employee A was employed at the company for 2 years he qualified for requesting leave. The employees’ wife was pregnant and gave birth to twins, and according to FMLA the birth of a child is a qualifying reason for requesting leave. Employees on FMLA leave are able to take up to 12 weeks unpaid leave, that being said the employee was only on leave for 11 weeks so he is able to request coming back to work. FMLA also states that after an employee comes back from leave they are to be reinstated at their previous position at their...
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...Memorandum TO: Joseph D. Policymaker, Senior Vice-President, Operations, Company X FROM: John F. Bigshot, Director, Human Resources, Company X RE: Report on potential violations of federal employment law DATE: June 4, 2014 Let me begin by recapping the three situations you brought to my attention and address each one individually paying special heed to applicable federal employment laws that may or may not have been violated. Situation A: Briefly, the company did not violate federal employment law regarding the Family and Medical Leave Act of 1993. Mr. John Goodworker requested and was properly granted leave to care for his wife who had just given birth prematurely to twins. Mr. Goodworker had been with the company for more than one year and so was eligible for FMLA (Family and Medical Leave Act) coverage. He experienced two qualifying events: the birth of a child and the care for a spouse who has a serious health condition (premature delivery). Mr. Goodworker returned to work after 11 weeks and was granted his FMLA-protected former job at his former pay rate. Mr. Goodworker requested but was denied back pay for his absence as he had not accumulated sick leave or vacation leave to cover those 11 weeks. Following is an excerpt of FMLA regulations, posted in break rooms per FMLA section 109 (29 U.S.C. § 2619) requiring FMLA covered employers to post the text of this notice. These regulations clearly state that up to 12 weeks of covered leave...
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...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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...LIT1 Task 1 Situation A: The Family and Medical leave act provides employees leave for up to 12 weeks. The leave is unpaid but their job is protected. The employee must have worked with the employer for a minimum of 12 months and working at least 1250 hours. They must also be employed by a company with 50 or more employees. In situation A, the manager was correct in allowing the employee to return to work at his previous pay rate. The employee worked at least 12 months and took only 11 of the allowed 12 weeks off. This also involved the children of the employee. Since FMLA doesn’t guarantee compensation during this time, then the employee is not entitled to back pay for the eleven weeks that he was not at work. Situation B: The Age Discrimination Act in Employment of 1967 is a ban against age discrimination. There are specific bans on age discrimination in areas of hiring, wages, promotions, and layoffs. This act prohibits marketing jobs to a specific age group or denying benefits due to employee age. It also prohibits mandatory retirement at a certain age. In situation B, the employee B received an above average review on a recent performance evaluation. Employee B is 68 years old and has been employed with the company for 42 years. Employee B was denied a job promotion. A job promotion went to his co-worker who was 32 years old and only received an average performance evaluation. Based on his recent above average performance evaluation, it...
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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 Task 1 Part A (the report) SOLE PROPRIETORSHIP: A sole proprietorship is the simplest, quickest and cheapest form of business to start making it the most popular types for first time business owners. A business owner and a sole proprietor may operate under different names, but legally, they are the same entity. Which leads to one of the biggest disadvantages of becoming a sole proprietor; the owner is responsible for all debts and fault created by the business. One of the major advantages to starting a sole proprietorship is the simplicity behind the formation. There is very little paperwork that needs to be filed at the inception and it takes very little work to keep the business compliant with state and federal laws. Another advantage to a sole proprietorship is taxes. Any money made by a sole proprietor is considered income to the owner. The profit is claimed as income on the owner’s annual tax filings. * Liability: Because there is no legal separation between an owner and the business in a sole proprietorship, the business owner is unlimitedly liable for any debt or fault of the business. Even if the sole proprietorship dissolves, the owner will be liable for the debt. If the debt is not taken care of in a timely manner it will could affect the owner’s credit rating and lead to future earnings being garnished. * Income Taxes: Taxation of a sole proprietorship happens once, at the income level of the owner. Any profit made by the company is considered an...
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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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...Legal Issues for Business Organizations – LIT1 Task 1 Legal Issues for Business Organizations – LIT1 Task 1 – Part A The way a business is organized is an important part of the business’s structure. “Different organizations provide different advantages and disadvantages in creation cost and simplicity, ongoing maintenance requirements, dissolution and continuity, fundraising, managerial control, public ownership, tax planning, and limited liability.” The nature of the business being conducted has little to do with the way the business is organized. (Johnson, 2013) Sole Proprietorship: The basic concept of sole proprietorship is that there is no distinction between the individual business owner and the business. To start this type of business, in most cases, one only needs to begin charging money for goods or services. Because of its simplicity, sole proprietorship is the most common business structure in the United States. According to the U.S. Small Business Administration, “over 70 percent of businesses are owned and operated by sole proprietors.” (Beesley, 2013) Following are some of the characteristics that lend both advantages and disadvantages to this type of business organization. * Liability. As sole owner of a business, there is no severability of liability between the business and the individual. Therefore, all gains and losses of the business are also the gains and losses of the individual. The aspect of unlimited liability is one of the biggest...
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...Lit1 Task 1 Organization of Business Sole Proprietorship: Most common form of business today. Legally speaking the sole proprietor and the business are one in the same. Any legal issues such as law suits and tax liabilities are the same and the sole responsibility of the owner. There is no autonomy, no differentiation between the business and the owner. If the business gets sued, it is the personal assets of the business and the owner that are in jeopardy. It is also the easiest form of business to start and to end. A sole proprietor needs to obtain the appropriate licenses for the state and/or municipality in which they wish to do business then, they are up and running. All revenue is personal revenue for the owner. Any bills are paid by the owner. The business can be closed as easily as it was opened. Just stop doing business. The business cannot be passed on to anyone, when the owner dies the business dies. Any loans needed to do business will be in the form of personal loans from a bank since the business and the owner are one in the same. The owner’s credit worthiness is the businesses credit worthiness. Since the owner of the sole proprietorship and the business are one in the same, there is no need for agreements or contracts. General Partnership: Unlike a sole proprietorship, a general partnership is formed with an agreement between the parties involved. General partnerships are formed when two or more people agree to open a business and contribute...
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...LIT1 Task 1, Part A Sole proprietorship: A sole proprietorship is an inexpensive and easy to form business organization. This entrepreneurship gives the owner the ability to have flexibility in their schedule. The business owner of this organization will benefit from having full control and retains all the businesses profits. Negatively, the business owner is also personally responsible for all the debt. and liability the business may take on. In this organization if the owner dies, the business dies also. • Liability: In a sole proprietorship the owner is personally responsible for all of the liability, including all debts. and obligations. The Sole proprietors personal assets are unprotected if the company “goes under” and there are unpaid debts. • Income taxes: In a sole proprietorship federal income taxes are filed as an individual would and Income taxes are submitted on the business owners’ personal income tax return. In this organization the percentage of taxes paid are typically higher. • Longevity or continuity of the organization: A limitation for growth in a sole proprietorship is that it does not allow financial investors thus, leaving the business owner to rely on his/her personal finances. In this organization if the owner dies, the business dies also. • Control: The business owner has all the control associated with the business. The business owner can set up the company as he/she chooses. • Profit retention: The business owner in a sole...
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...Dennis Oglesby LIT1 Task 1 The Family and Medical Leave Act of 1993 provides protection for the employee when medical or family issues arise that cause them to miss work. Without this act, employers would be allowed to terminate ill employees or those who must provide care for their families. There are, however, provisions for when this act is applicable. The first major provision dictates how many employees a company must have in order to be susceptible to the rules it presents. According to the law, employers with 50 or more employees within a 75 mile radius must abide by the policies of the act. A second provision explains which employees are protected. In order to qualify for coverage, an employee must have worked for a company for at least 12 months, with 1250 hours of documented service time. A third provision of the FMLA details the actual protections that are provided to employees. Qualified employees are to be granted up to 12 weeks of leave per year. This guarantees that they will still have a job when they return, as well as their original salary amount; however, it adds that the time off does not have to be paid time. Employers are not required to pay employees while on FMLA leave (Leave Benefits, n.d.). When determining whether the act applies to a given situation, it is important to determine whether both the employer is susceptible to the standards and whether the employee qualifies for the protections. Our company has more than 75 employees, placing us above...
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...LIT1 Task 310.1.5-02, 11, 13: Labor and Employment Law In the United States, several laws have been enacted to protect the rights of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was enacted, many employees faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous...
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...Steve Wood LIT1 - Legal Issues for Business Organizations Task 1 Scenario A The purpose of the Family and Medical Leave Act of 1993 is to offer a balance between the stresses of both work and life. There are three main provisions of the act that are critical to the overall takeaway of what this law means to this situation. First, “Eligible employees can take unpaid, job-protected leave (they can return to their position). When they return from leave, FMLA guidelines require that companies return employees to their former position, assuming they are able to perform the essential functions of that position. If the employee is no longer able to perform his or her previous job, an alternative position with the same benefits, salary, and work hours must be provided to the disabled employee.” (FMLA Online) Second, Their insurance coverage stays as if they had not taken leave, COBRA does not take effect. And, “the leave can be tailored to fit the needs of the individual.” (FMLA Online) The law allows for the employee to take unpaid time to be able to care for his family without the need to stress that there will not be a job waiting with the same pay. The other part about this that is awesome is the fact that the employee’s insurance coverage stays intact without the need to involve COBRA. This law can also be tailored to the needs of the individual. If they need to have a continuous full 12 weeks, they can; if they need the leave to be split in different blocks of time, they can; lastly...
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...Lit1 Task 310.1.2-01-06 Part A Determining whether to start or invest in a business endeavor and what kind of business endeavor to choose can be challenging. Through this report the numerous types of business organizations will be assessed. By the end of the report you should have a greater comprehension of the different choices available. * Sole Proprietorship: To start off it is essential to have a clear understanding of what sole proprietorship means. As the sole proprietor you are the owner and the operator of that business. In more detail, the sole proprietor manages everything including setting up the business. An attorney is only needed if the sole proprietor plans to report the name of the business under a name other than their own. In that instance they would need to register the business with the government. * Liability: A full understanding of all liability and where it falls is very important. All liability falls on the owner on the company. This means that not only all of the company’s assets but also the owner’s personal belongings possibly will be occupied in any scenario where the company fails. More specifically, in the event that the company flops because of unfortunate market settings, poor business policy or if there is an injury suffered implicated by company products. The liability falls on the owner of the company including all characteristics of the business and can be brought into any legal actions. * Income Taxes: As a sole proprietor...
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