Wednesday, July 17, 2019

Employment Law Compliance Plan Essay

I have researched some(prenominal) employment laws for Mr. Stonefields Landslide limousine accomp both and at that place be four laws that I forget outline for Mr. Stonefield to consider complying with in his modernistic commerce enterprise venture. I all(prenominal)ow for discuss in this memo the well-mannered Rights re pull in of 1964 regarding employment secretion, The Americans with Disabilities moment of 1990 regarding passel with disabilities, Equal net income represent of 1963 regarding lock inconsistency between men and women, and lastly the Texas Minimum occupy Act regarding the least amount of an hourly w suppurate requital personify in the state of Texas. I will give a brief summary of individually of the four Acts and consequences for disobedience. courteous Rights Act of 1964The Civil Rights Act of 1964 is regulated and enforced by the Equal avocation fortune Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, service, or subsidies TheCivil Rights Act of 1964 applies to you. The EEOC enforces laws that prohibit discrimination based on race, color, religion, sex, bailiwick origin, disability, or age in hiring, promoting, firing, setting enlists, testing, training, apprenticeship, and all other basis and conditions of employment (The United States field Archives and Records Administration, n.d., para. 3). The Civil Rights Act of 1964 makes it unlawful for employers to fail or turn drop to hire or to discharge any individual, or otherwise to discriminate against any individual with deference to his compensation, terms, conditions or privileges or employment, because of such individuals race, color, religion, sex, or national origin (The United States internal Archives and Records Administration, n.d., para. 2).The Civil Rights Act has been expanded to accommodate subsequent legislation. According to the United States Government manual(a) of 1998-99, the EEOC enforces l aws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment (The United States National Archives and Records Administration, n.d., para. 3). Protected classes now include race, color, creed, sex, and age. As you can see, the spectrum of inclusion has been increased to protect the employee.Consequences for disobedienceOnce a business has been found to be in violation of The Civil Rights Act of 1964 the penalties be substantial. Consequences for violating The Civil Rights Act can result in federal funding can be withdraw for a specific time or terminate and monetary fines. Marion Shaub, a former Federal limited (FedEx) truck driver, sued her employer after she inform anti-female comments, hostility, and retaliation when she reported the incidents. The EEOC reports The jury found Federal Express nonresistant for a sex-based hostile draw environment and retaliation and awarded Ms. Shaub $391,400 in back pay and front pay, $350,000 in compensatory damages for emotional pain and distress, and $2.5 million dollars in punitive damages (United States Equal Employment chance Commission EEOC, 2004, para. 2).Americans with Disabilities Act of 1990The Americans with Disabilities Act (ADA) of 1990 prohibits discriminationagainst people with disabilities in employment, transportation, public accommodation, communications, and governmental activities (United States Department of pains DOL, n.d., para. 1). The ADA requires employers to provide reasonable accommodations to employees that have disabilities or may have accessibility requirements to be able to use public accommodations. Under the ADA, disabilities include corporeal and mental conditions with varying degrees of severity. A few examples atomic number 18 deafness, blindness, missing limbs, epilepsy, cancer, and mental retardation. Th e Department of get the picture provides assistance with the ADA tho four federal agencies are prudent for enforcing the ADA. Those four agencies are the EEOC, The Department of transport (DOT), The Federal Communications Commission (FCC), and The Department of jurist (DOJ).Consequences for noncomplianceAs with The Civil Rights Act of 1964, onanism and termination of federal funds is possible of companies that ruin The ADA. One example is Bates v. United Parcel assistance (UPS). This particular case brought against UPS brought to issue the hearing regulation that is part of the DOT physical (Case faithfulness understand Law, 2015, para. 9). The plaintiffs contended that even with a hearing disability and non passing the DOT hearing test they were salvage able to operate vehicles that were below the required realize vehicle weight rating (GVWR) of 10, 001 pounds. UPS agreed to pay $5.8 million and to create a program that was utilise nationally throughout UPS.Equal Pay Act of 1963The Equal Pay Act of 1963 states, Employers may not pay unequal wages to men and women who finish jobs that require substantially equal skill, effort and responsibility, and that are performed under resembling working conditions within the selfsame(prenominal) establishment ( party for Human Resource Management SHRM, 2015, para. 2). What this meaning is that men and women are to be given equal pay for doing the same types of work however, the work does not have to be exactly the same but equal, within the same employer. Skill, effort, responsibility, working conditions, and establishment are factors that employers must keep in mind when paying wages to men and women doing similar jobs in similar work environments. employ differences can exists when merit, seniority, or any other factor exists as long as it is not a personsgender. When there are wage differences the burden of proof falls on the employer to prove why the difference exists. Consequences of noncomplian ceCorning Glass Works violated the Equal Pay Act by paying male employees who work a night reappraisal transformation a higher wage than females doing the same inspections during the day inspection shift. Corning Glass also tried to correct this by opening up the night inspection shift to women and implemented a unionized shift first derivative to equalize pay however, employee employed prior to the changes move to receive higher wages continuing to create a difference in pay. The Secretary of Labor brought the charges against Corning to collect back wages for the women who had been violated. Texas Minimum Wage ActThe Texas Minimum Wage Act (TMWA) provides randomness about rights and duties for both employees and employers. The TMWA establishes the marginal wage at $7.25, requires employers to provide a written statement of an employees earnings, outlines provisions for agricultural workers, provides exemptions for different types of employers, and civil penalties for violatio ns. in all employers must display the current Texas minimum wage poster in an obstruction free country so that all employees can see what the minimum wage is and their rights as workers in Texas.Recommendations for ComplianceIn closing, compliance with Federal, State, County, and City laws is strongly recommended. Landslide Limousine Company can be shut down and fined heavily for violations brought by employees. The burden of proof is on you as the employer and understanding all of the laws applicable to your business is necessary. Investigations by any of the federal departments who are responsible for investigating and enforcing the employment laws can tie up your resources for months, possibly years. However, not all judgments go against the employer. My tribute is to understand the laws, document well, keep pristine records, and do your best to remind within the guidelines for employers.ReferencesCase Law Find Law. (2015). BATES v. UNITED PARCEL SERVICE INC UPS. Retrievedfrom http//caselaw.findlaw.com/us-9th-circuit/1242057.html Society for Human Resource Management. (2015). Equal Pay Act of 1963. Retrieved from http//www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/pages/equalpayactof1963.aspx The United States National Archives and Records Administration. (n.d.). Teaching With Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission. Retrieved from http//www.archives.gov/ cultivation/lessons/civil-rights-act/ United States Department of Labor. (n.d.). Disability Resources Americans with Disabilities Act. Retrieved from http//www.dol.gov/dol/ musical theme/disability/ada.htm United States Equal Employment Opportunity Commission. (2004). Federal Express to Pay over $3.2 one million million million to Female Truck Driver for Sex Discrimination, Retaliation. Retrieved from http//www.eeoc.gov/eeoc/newsroom/ free/2-25-04.cfm

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