LUT1 Task 2
Situation A:
In 1993, the FMLA act, which serves the needs of families trying to balance work life and the needs of the families their working for, was established. This act was amended on October 8th, 2009 to extend entitlement rights of military caregivers.
The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.
· 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
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According to the Age Discrimination in Employment Act (ADEA) of 1967, the act applies to employers with 20 or more employees, which this scenario does not clarify. Based on my experience with employers, companies of fewer than 20 employees generally do not have annual performance reviews so in my conclusion I would say there has been an enforceable violation of the Age Discrimination in Employment Act.
Employee B, in accordance with the Older Workers Benefit Protection Act (OWBPA), has been violated with age discrimination due to the fact that his performance review was rated at an “above average” in comparison to the 32 year old that had his annual review rated at “adequate.” The (OWBPA) was an amendment to the (ADEA) in 1990, specifically drafted to ensure that fair treatment and labor rights are afforded to any employee over the age of 40.
At this point, Employee B has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may ask Employee B to settle through mediation and in the event that mediation cannot settle the claim, it is then the responsibility of the EEOC to investigate any claims made by employees, report findings and settle any charges. In some cases, the EEOC will file lawsuits to protect individual rights.
Situation C:
The Americans with Disabilities Act of 1990 established a standard to “public accommodations” requiring businesses to make “reasonable modifications” to the usual
It was passed in 1990 and amended by the Americans with Disabilities Act Amendments act of 2008 (EEOC). These two acts were the most significant. These added protections for employment, education, and public life. Employers and educational institutions are required to provide reasonable accommodations, such as assistive technology and modified tasks. The ADA also affected public life, such as transportation. Public transportation employees have to announce stops loud enough for everyone to hear (The Americans).
An employee bringing a suit must meet the McDonnell-Douglas Test. which came from the McDonnell Douglas Corp. v. Green case and in this case Keene met the requirements. First, an employee must belong to a protected class, in this case Keene was older than 40 years. Second, she also met the qualifications of job. Third, the employee must be rejected or suffer from another adverse job action. Keene was terminated from her job. Last, but not the least, the employer seeks another person with similar qualifications or treats the employee differently. The 61 year old employee was replaced with a 24 year old employee. Also, under the Age Discrimination of Employment Act, Dillard’s has over 40 employees and it cannot fire an employee based on age. While the plaintiff established prima facie, the defendant failed to provide a successful defense or preponderance of evidence (Meiners, Ringleb, & Edwards, 2014, p. 444). It is illegal to make employment decisions based on age.
The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).
Sole Proprietorship Sole proprietorship is the most common form of business in the United States. It is a relatively simple way for an individual to start a business since legal costs and business requirements are minimal, and the owner has complete control over the business. Though a sole proprietor is not responsible for any corporate tax payments, the owner is responsible for taxes incurred on the income generated from the business as part of his or her personal income tax payments, and personally shoulders any other risks or obligations. A sole proprietor may also choose to file their business under a fictitious business name or a DBA (doing business as), allowing him or her to operate and market the business under a more typical
All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.
Income Taxes- Taxes are paid as income tax, unless the limited partnership is classified as a corporation by the IRS for tax purposes. In order to keep from being taxed this way, you would have to stick solely to the contract as written, and keep away from operating outside of the agreement.
| An employer must provide an employee with his rights under the FMLA and is required to reinstate an eligible employee to the same or similarly equal job with the same benefits and salary upon return.
The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers
* The owner has complete control of the business. The owner is totally responsible for all decisions pertaining for business operations.
The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered
A Service Level Agreement for Provision of Specified IT Services Between Finman Account Management, LLC, Datanal, Inc., and Minertek, Inc.
What is Family and Medical leave Act (FMLA)? The Family and Medical Leave Act (FMLA) that was passed in 1993, is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. These four situations are for pregnancy; to care for an infant, such as newborns, newly-placed foster children, and adoptions; to care for a relative with a serious health condition; or to allow an employee to recover and recuperate from a personal serious health condition. This paper will be discussing the impact of FMLA on employers and the protections provided by this law. (Vikesland, 2009)
The ADEA is administered by the EEOC, and similar in most respects to the Civil Rights Act. Both disparate treatment and disparate impact charges are possible. The Act protects workers 40 years of age and older. A 45-year-old who applies for a job and is rejected in favor of a younger worker can claim disparate treatment. The employer will then have to show that the younger worker was better qualified or provide some nondiscriminatory reason for its decision. An employer could argue that it paid a newly hired younger worker more than an older current employee because this was necessary to attract the younger worker to the job. In disparate impact cases, employees must show that the entire protected group (workers 40 and older) is affected by the employer’s practice and not just some part of the protected group (workers over 60, for example) (Player, 14).
“Sketchy evidence that older workers experience discrimination because of their age is easy to find. The popular press includes many stories of individual employees who have been replaced by younger workers, sometimes just before they become eligible for lucrative retirement benefits. Older workers (in the past) were forced by mandatory
1. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified and medical reasons. 12 weeks of unpaid leave to care for newborns or newly adopted children, or for serious medical problems for both an employee and relatives in a 12-moth period. This act applies to both the father and mother. For example, a father is just as entitled to take leave time to help with caring for a newborn child, as the mother that gave birth.