Introduction
The American employment laws are designed to foster human dignity and in the process provide employees with various tangible benefits. It is therefore expected for employees to be on the forefront in supporting and adhering to them. Likewise if an organization applies effectively these laws, it can benefit massively from dynamic, healthy, motivated, and productive employees. It therefore goes without saying that managers, just like employees, should promote these laws and thus ensures the organization conforms to them. Generally these laws govern the workplace actions of employers and employees. It ensures a fruitful and legally conducive environment and relationship exists between these two parties, and within employees
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The general principal behind this act is to ensure employees welfare and quality of life is safeguarded. Employees should therefore welcome and support any effort by the organization to adhere to its recommendation. Furthermore, adhering to this law ensures compensation discrimination is avoided. This is especially true considering FLSA was amended by the Equal Pay Act (EPA) in 1963. As a result, employers are restricted from paying unequal salary based on ones gender. Employees should be compensated equally provided they perform similar jobs, encompassing similar responsibilities and under same conditions (Ross, 2011).
As already pointed out, restructuring involving mergers and acquisition sometimes usually involve replacing and/or eliminating some job positions. Such restructuring are mainly intended to make an organization more effective by eliminating unproductive process or cutting down unnecessary cost; such as employee related cost. While these actions might position the organization competitively in the market place, it can potentially harm some employees. Nonetheless, the unemployment compensation law is a regulation that aims to promote human dignity by providing monetary support to those employees who have lost their job through no fault of their own. The employers can support this regulation by adhering fully to tax laws that support this program. This is because it is from these taxes
Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Treton represent discrimination and harassment? What elements of law are important for Treton to consider?
In an era of organizational flux due to competition and globalization, companies and employees are faced with constant change. Leaders must be able to adapt to change as the environment shifts. HR has been known as the organizational change agent, administrative expert, and employee advocate. More recently they have been regarded as business strategic partners for many organizations. In order to be successful and remain competitive in today’s market, Human Resources (HR) must be considered a strategic partner if an organization wants to flourish. Top executives today commit significant resources to ensure that their company’s functions are capable of rapid change and achieving their
The first place an employer would want to start in order to understand which laws affect them as an employer is compliance assistance information and resources. Under the website subheading, Help Navigating Department of Labor Laws and Regulation it gives a general definition of compliance assistance. It states, that compliance assistance is an important part of the Department’s effort to protect the wages, health benefits, retirement security, employment rights, safety, and health of American’s workforce
Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals
A medical office needs to be compliant with employment laws; this will ensure they do not have lawsuits that could patiently put a company out of business. This also helps the offices run smoothly and free from errors. There are several employment laws a few of them are the American with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA). The American with Disabilities (ADA) is when an employer is to provide reasonable accommodation to an employee with a known mental or physical limitation, or a qualified individual with a
According to The American Association of University Women (AAUW), “Surrounded by top women leaders, including several AAUW members, President John F. Kennedy signed the Equal Pay Act into law on June 10, 1963” (Pearsall). Although the act was signed on June 10, 1963, it was not effective until June 11, 1964. It took a while for many organizations call attention to this practice of paying women less than men. The act gradually expanded over the next decade to include a larger segment of women into the workforce. According to the U.S. Equal Employment Opportunity Commission, “The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by
Employers have legal obligations, when drawing up a job description. The law states that employers must not discriminate against a persons, age, race, sex, religion or disability.
The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)
It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.
In 1970, the Equal Pay Act was introduced. It requires employers to provide equal pay for equal work. The Sex Discrimination Act enforces fair recruitment policies. The European Equal Pay Directive and the Equal Treatment Directive are also in force.
Jay should research, study, and analyze each of the regulatory issues and comply with the federal, OSHA, and state laws. The difficulty that organizations are having that especially have serious managerial issues are that in the event that they are not in OSHA standards that the association can be closed down. They may have to pay a strong fine as well. “OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job. Employers must become familiar with the standards applicable to their establishments and eliminate hazards” (Department of Labor, 2009). The Act urges states to create and work their own particular employment security and wellbeing
With the same exemption as Merit System, Seniority Plans are also exempt which means that a company that ties pay notes to seniority can pay a man more if he has been with the company longer than the female co-worker. In conclusion the EPA indicates that any other factor other than sex may be used to justify different pay rates (Gomez-Mejia, Luis R.). Industries of commerce and productions of goods for commerce have depressed wages and standards of living based on sex which resulted in the declaration of purpose. The EPA is necessary for every one’s health and efficiency. The purpose of declaration is that discrimination of sex in the work force prevents the most efficient level of labor resources, causes problems with in the labor force, prevents and burdens commerce and symbolizes an unfair competition between individuals. This is one of the reasons why the EPA is created to solve these complications. If employers use sex discrimination in the work force they will face penalties. Some penalties are fines and imprisonment, employers are liable for damages done to the employee, employer must pay wages and compensation that was held from the employee and the employer must provide savings provisions (“The Equal Pay Act of 1963”). Preventing sex pay discrimination is just one way that Equal Employment Opportunities Commission is trying to make everyone equal.
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.
The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as